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AT  THE 


UNIVERSITY  OF 
TORONTO  PRP« 


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ANNALS 

OF  THK 

AMERICAN  ACADEMY 

OF 

POLITICAL  AND  SOCIAL  SCIENCE. 

ISSUED  BI-MONTHLY. 

VOL.  v. 

JULY,  1894— JUNE,  1895. 


Editor  : 
EDMUND  J.  JAMES. 


Associate  Editors: 
Roland  P.  Falkner,       James  Harvky  Robinson. 


^}^U 


PHILADELPHIA  : 

AMERICAN  ACADEMY  OF  POI^ITICAL  AND  SOCIAI,  SCIENCE. 
1895. 


PA- 

v6 


CONTENTS. 


PRINCIPAL  PAPERS. 

PAGE. 

^/Bem^,  Edward  W.     Relation  of  Labor  Organizations  to  the 

v'^^merican  Boy  and  to  Trade  Instruction 206 

y^^RNTLKY,  Arthur  F.     The  Units  of  Investigation  in  the  Social 

.Sciences 915 

Av^JIdhm-Bawerk,  Eugen.     The  Ultimate  Standard  of  Value  .   .  149 

~  >URiKoT,  J.  G.     Elected  or  Appointed  Oflficials  ? 653 

►KS,  John  G.     The  Future  Problem  of  Charity  and  the  Un- 

l/^^iployed I 

Ai^Rp^NE!.!.,  J.  ly.     The  Significance  of  a  Decreasing  Birth-Rate,  43 

•Ajef^AjHC,  Frederick  C.    A  Neglected  Socialist 718" 

(?f)T.9e^N,  Richard  T.     The  Pacific  Railway  Debts 684 

CoMMOftfS,  John  R.     State  Supervision  for  Cities 865 

^  /Ci>fJNiiiGHAM,  Wii«i,iAM.     Why  had  Roscher  so  Little  Influence 

/^^A^  England  ? 317 

/^AmvTSZ,  Edward  T.     The  Economic  Function  of  Woman  ...  361 
^  JJudi^e:^,  HEI.ENA  S.     Relief  Work  Carried  on  in  the  Wells  Me- 

^        ylhorial  Institute 377 

I  PATTER,  Frank.     The  Exploitation  of  Theories  of  Value  in  the 

^r^  Discussion  of  the  Standard  of  Deferred  Payments 882 

^Frederiksen,  D.  M.     Mortgage  Banking  in  Russia 242 

.^^.^Gr^n,  D.  I.     Wieser's  Natural  Value 512 

/  J^JwrSoN,  Emory  R.     The  Industrial  Services  of  the  Railways  .  897 

^^Macfari^ane,  C.  W.     Rent  and  Profit 90 

^^i'lJ^EWCOMB,  H.  T.     Reasonable  Railway  Rates 335 

DE  N0AII.1.ES,  Due.     How  to  Save  Bimetallism 557 

"^siPatten,  Simon  N.     Economics  in  Elementary  Schools     ....  461 

— ^ORRiTT,  Edward.    The  Break-up  of  the  English  Party  System,  490  - 

.^  Towers,  H.  H.     Terminology  and  the  Sociological  Conference,  705 

/^itKED,  Chester  A.     Peaceable  Boycotting 28 

^^^y&fiM^V!,  Frederic  J.     Uniform  State  Legislation 829 

'/WrfjjAMS,  Henry  W.     Money  and  Bank  Credits  in  the  United 

/^      States 531 

(iii) 


IV 


Contents. 


BRIEFER  COMMUNICATIONS. 

PAOB. 

COOKH,  F.  H.     Economic  and  Uneconomic  Anti-Trust  Legislation,  569 

DOWD,  Jerome.     Trusts  :  Abuses  and  Remedies 573 

GiDDiNGS,  F.  H,     Sociology  and  the  Abstract  Sciences 746 

GiDDiNGS,  F.  H.     Utility,  Economics  and  Sociology 398 

HoxxAKDEA,  J.  H.     Professor  J.  B.   Clark's  Use  of  the  Terms 

"Rent"  and  "Profite" 409 

HowE&TH,  Ira  W.    Present  Condition  of  Sociology  in  the  United 

States 260 

Johnson,  Emory  R.    The  Improvement  of  Country  Roads  in 

Massachusetts  and  New  York 269 

Ll2n>SAY,  SamubIv  M.     Sociological  Field  Work 584 

Patten,  Simon  N.     Beginning  of  Utility 257 

Patten,  Simon  N.     Organic  Concept  of  Society 404 

Patten,  Simon  N.     Relation  of  Abstract  to  Concrete  Sciences,  942 

Patten,  Simon  N.     Relation  of  Economics  to  Sociology  ....  577 

Small,  Albion  W.     Organic  Concept  of  Society 740 

Small,  Albion  W.     "  Social  "  vs.  "  Societary  " 948 


MISCELLAl>rV. 

^m^Kmericaa  Economic  Association.—//^  J?.  Seager 790 

^^-American  Historical  Association. — H.  B.  Adams 794 

Association  of  Colleges  and  Preparatory  Schools 626 

International  Congress  of  Hygiene  and  Demography 452 

—"Political  Science  Association  of  the  Central  StaX^.— George  W. 

Knight 796 

University  Extension  Summer  Meeting 624        ^^H 


Contents. 


PERSONAIv  NOTES. 


Adams,  J.  Q.,  417. 
Avery,  C.  L.,  Jr.,  412. 
Baldwin,  F.  S.,  954. 
Bassett,  John  S.,  281. 
Beardslev,  C,  Jr.,  416. 
Bematzik,  Ed.,  590. 
Black,  Jas.  W.,  276. 
Clark,  J.  B.,  956. 
Conger,  C.  T.,  273. 
Cummings,  John,  273,  589. 
Day,  A.  M.,  277. 
Dennis,  A.  P.,  419. 
Dowd,  Jerome,  282. 
Emery,  H.  C,  272. 
Fetter,  Frank,  588,  589. 
Fradenburgh,  A.  G.,  279. 
Freund,  E.,  587. 
Friedberg,  R.,  420. 
Giddings,  F.  H.,  104. 
Goodell,  C.  E.,  589. 
Gould,  E.  R.  L.,  954. 
Greene,  E.  B.,  415. 
Grose,  H.  B.,  273. 
Griinberg,  K.,  735. 
Hanssen,  G.,  957. 
Hauke,  F.,  754. 
Hawkins,  D.  E.,  419. 
Henderson,  C.  R.,  274. 
Hill,  Wm.,  275. 
Hollander,  J.  H.,  277. 
Houston,  D.  F.,  589. 
Hull,  Wm.  I.,  418. 
Jannet,  Claudio,  756. 
Jay,  John,  104. 
Johnson,  Emory  R. ,  280. 
Jones,  R.  M.,  415. 
Keasbey,  L.  M.,  104. 


Kindermann,  C,  757. 

Kinley,  D.,  277. 

Kriehn,  Geo.,  417. 

Lehr,  Julius,  757. 

Lindsay,  S.  M.,  418. 

McKeuny,  C,  280. 

McLean,  Jas.  A.,  276. 

Menzel,  A.  H.,  756. 

Mere,  H.,  754. 

Le  Rossignol,  J.  E.,  413- 

Roscher,  W.,  105. 

Rowe,  Leo  S.,  280. 
de  Sacher-Masoch,  L.,  1061, 
Secretan,  C,  958. 
Seager,  H.  R,  281. 
Shepardson,  F.  W.,  275. 
Smith,  Mary  E.  B.  R.,  417. 
Snow,  Freeman,  414. 
Sumner,  J.  O.,  417. 
Taylor,  Wm.  G.,  279. 
Trumbull,  M.  M.,  272. 
Tuttle,  Herbert,  277. 
Veblen,  T.  B.,  276. 
Vincent,  Geo.  E.,  276. 
Weaver,  Jas.  R.,  413. 
Welling,  Jas.  C,  412,  588. 
Weston,  S.  F.,  587. 
Whipple,  E.,  282. 
Will,  Thos.  E.,416. 
Willcox,  W.  F.,  413. 
Willoughby,  W.  W.,  278. 
Zuckerkandl,  R,  956. 

Degrees  and  Fellowships  in  Polit-. 
ical  and  Social  Science  in  the 
United  States,  282,  419. 


vi  Contents. 

BOOK  DEPARTMENT  OF  THE  ANNALS. 

EDiTBD  BY  EMORY  R.  JOHNSON, 
WITH  THB  CO-OPKRATION  OF: 

C.  M.  Aadr«wst  Bryn  Mawr  College;  Bdward  "W.  B«mls,  University  of 
Chicago;  Pimnk  ^V.  Blmckmarf  University  of  Kansas ;  E.  Boelim-Bawerky 
University  #/  Vienna,  Austria;  Robert  C.  Chapin,  Beloil  College;  J.  B. 
Clarkf  Amherst  College ;  CluM*  F.  A.  Currier,  Massachusetts  Institute  of  Tech- 
motogy;  "WlaUirop  M.  Daniels,  Princeton  University;  IV.  H.  Dawson,  Skipton, 
England;  Karl  Dlclkl,  University  of  Halle,  Germany ;  O.  Li.  Elliott,  Leland 
Stanford  Jr.  University  ;  Geo.  H.  'Bxatskott^  Johns  Hopkins  University ;  WiUmrtl 
C  FIslkcr,  IVesleyan  University;  "Wm.  IV.  Folwell,  University  of  Minnesota  ; 
Geo.  P.  Garrison,  University  of  Texas ;  Cluarles  Olde,  University  of  Montpe- 
lirr,  Pranct;  K.  R.  1j.  Gonld,  Johns  Hopkins  University  ;  Jol&n  H.  Gray, 
Nortkwesttm  University ;  D.  I.  Green,  Johns  Hopkins  University ;  Xjadwlg 
Gnmplowlcs,  University  of  Graz,  Austria;  C.  H.  Hasldns,  University  of  If^is- 
comsin ;  Geo,  H.  Haynes,  fVorcester  Polytechnic  Institute;  Fred.  C.  Hicks, 
University  of  Missouri  ;  Jolin  A.  Holison,  London,  England  ;  €^eo.  E.  Hoi;rard, 
Leland  ^an ford  Jr.  University;  J.  A.  James,  Cornell  College,  Iowa;  J»  "W. 
«Tenks,  Cornell  University;  Da-rld  Klnley,  University  of  Illinois;  E^dgar 
I«oenlnf(,  University  of  Halle,  Germany  ;  Acl&llle  Ijorla,  University  of  Padua ^ 
Italy;  1^'alter  Ijots,  University  of  Munich,  Germany ;  A.  Laiv^rence  liO-vrell, 
Boston,  Massachusetts;  "W.  H.  Mae^,  Syracuse  University;  Jesse  Macy,  Iowa 
College  ;  Samuel  M.  Lindsay,  Paris,  France ;  Frederick  IV.  Moore,  Vander- 
bilt  University;  Carl  C.  Plekn,  University  of  California;  H.  H.  Powers, 
Smith  College ;  David  G.  Ritchie, //f^u^  College,  Oxford,  England;  E.  A.  Ross, 
Leland  Stanford  Jr.  University;  Henri  St.  Marc,  University  of  Bordeaux,  France  ; 
IVm.  A.  Scott.  University  of  H^isconsin  ;  I^ester  F.  Ward,  Washington,  D.  C; 
Stephen  B.  IVeeks,  Baltimore,  Md.;  Arthur  B.  'Wood/ord,  College  of  Social 
Economies^  New  York. 


REVIEWS. 

PAOB. 

Adams,  George  B.     Civilization  During  the  Middle  Ages.— Z>. 

C.  Munro 107 

Adams,  Henry  C.    See  Addams. 

Addams.  Jane;  Woods,  Robert  A.;  Huntington,  J.  O.  S.; 

Giddings,    F.   H.;    Bosanquet,    Bernard  and    Adams, 

Henry    C.      Philanthropy    and    Social  Progress.—//:   H. 

I\nvers 591 

American  Street  Railway  Investments.— Z,.  S.  Rowe 421 

Arnaun^,  Aug.     La  Monnaie,  le  credit  et  le  change.—^.   G. 

^^ 959 

Badbn-Powbll,  B.  H.     a  Short  Account  of  the  Land  Revenue 

and  Its  Administration  in  British  India.— /^  IV.  Moore  ...     285 
Baker,  M.  N.   (Editor).      Manual  of  American   Waterworks, 

1890^1.—/,.  5.  Rowe 421 


Contents.  vii 

PAGE. 

Bai^ch,  Emii^y  G.     Public  Assistance  of  the  Poor  in  France.—/?. 

/.  Green io8 

Bamberger,  L.,  (Trans.  R.  G.  L^vy}.     Le  M^tal-argent  d  la  fin 

du  XIX«  Siecle.— 5.  M.  Lindsay 300 

Bamberger,  L.  Die  Stichworte  der  Silberleute, — S.  M.  Lindsay ^    300 

Bancroft,  H.  H.      Resources  and  Development  of  Mexico. — F. 

W.  Blackmar 109 

Also  by  E.  R.  Johnson 782 

Barrows,  Isabei*  C.  (Editor.)     Proceedings  of  the  National  Con- 
ference of  Charities  and  Correction  at  the  Twentieth  Annual 
.    Session,  held  in  Chicago,  June  8-1 1,  1893. — D.  I.  Green  .    .    965 

BiNNBY,  Chari^eS  C.  Restrictions  upon  Local  and  Special  Legis- 
lation in  State  Constitutions. — L,  S.  Rowe 422 

Bonar,  James.     A  Catalogue  of  the  Library  of  Adam  Smith. — 

H.  R.  Seager 609 

Bosanquet,  Bernard.     See  Addams. 

Brooks,  John  G.     Compulsory  Insurance  in  Germany. — E.  R. 

L.  Gould 759 

Cannan,  Edwin.  Elementary  Political  Economy.—//.  R.  Seager,  612 

DE  Card,  E.  Rouard.  Les  Destinies  de  1' Arbitrage  international 
depuis  la  sentence  rendue  par  le  tribunal  de  Geneve.— y.  W. 
Jenks Ill 

Codman,  John  T.     Brook  Farm. — G.  H.  Haynes 967 

CoxE,  BrinTon.  An  Essay  on  Judicial  Power  and  Unconstitu- 
tional Legislation. — C.  F.  A.  Currier 113 

Davis,  John  P.     The  Union  Pacific  Railway. — E.  R.Johnson    .    114 

Day,  D.  T.     Mineral   Resources  of  the  United  States.—^.  R. 

Johnson 781 

De  Amicis,  Edmondo  (Trans.  Helen  Zimmern).      Holland. — E. 

R.Johnson 7 783 

Devili^E,  Victor.     Manuel  de  geographic  commercials  —E.  R. 

Johnson 782 

Drage,  Geoffrey.    The  Unemployed. — S.  M.  Lindsay  ....    968 

DuPRiEz,  L.     Les  Ministres  dans  les  principaux  pays  d' Europe 

et  d'Am^rique. — C.  F.  A.  Currier 2S7 

ESPINAS,  A.     Histoire  des  doctrines  ^conomiques. — D.  Kin  ley    .    116 

FiSKE,  John.     The  Discovery  of  America. — G.  H.  Haynes  .    .    .    289 

GiDDiNGS,  F.  H.     See  Addams. 

Grunberg,  K.  Die  Bauembefreiung  und  die  Auflosnng  des 
gutsherrlich-bauerlichen  Verhaltnisses  in  Bohmen,  Mahren 
und  Schlesien. — L.  Gumplowicz 762 

Hbim,  G.     1st  eine  Abnahme  der  Goldproduktion  zu  befiirchtcn  ? 

— 5".  M.  Lindsay 300 


yiu 


Contents. 


PAGB. 

HSNDBRSON,  E.  F.     A  History  of  Germany  in  the  Middle  Ages. 

D.  C  Munrv -592 

Hii,l^  Wiu,iAM.     First  Stages  of  the  Tariflf  Policy  of  the  United 

States.— a  L.  Elliott 424 

Hou&wiCH,  I.  A.     The  Economics  of  a  Russian  Village.— ^//Z- 

iam  H.  Dawson 118 

Hudson,  William  H.     An  Introduction  to  the  Philosophy  of 

Herbert  Spencer.— /^  /.  HerrioU 593 

Huntington,  J.  O.  S.    See  Addams. 

Kandt,  Moritz.     Ueber  die   Entwickelung  der  australischen 

Eisenbahnpolitik.— C  C.  Plehn 764 

Kat6,  Hirovuki.      Der  Kampf  urns  Recht  des  Starkeren  und 

seine  Entwickelung. — L.  Gumplowicz 767 

Kbmp,  James  F.      Ore  Deposits  of  the  United  States. — E.  R. 

Johnson 781 

Lbhr,  Julius.     Grundbegriflfe  und  Grundlagen  der  Volkswirt- 

schafl.— A'.  Diehl 122 

Levy,  Raphael  Georges.    Melanges  financiers. — S.  M.  Lind- 
say  300 

Lewis,  George  H.     National  Consolidation  of  the  Railways  of 

the  United  States. — E.  R.  Johnson 114 

LoscH,  Hermann.    Nationale  Produktion  und  nationale  Berufs- 

gliederung. — K.  Diehl 595 

Lowell,  Josephine  Shaw  (Editor).     Industrial  Arbitration  and 

Conciliation. — D.  I.  Green 292 

BfAcCuNN,  John.     Ethics  of  Citizenship. — G.  H.  Haynes    ...    427 
Mackay,  Thomas  (Editor).   A  Policy  of  Free  Exchange.— ?f7//- 

iam  H.  Dawson 428 

Malloch,  W.  H.      Labour  and  the  Popular  Welfare.—//;  R. 

Seager 768 

Medley,  D.  J.    Student's  Manual  of  English  Constitutional  His- 

tory.- y.  Macy 596 

DS  MoUNARi,  G.     Les  Bourses  du  travail.—^.  B.  Woodford  .    .    294 
Montague,  F.  C.     Elements  of  English  Constitutional  History 

—J.  Macy 597 

MuiR,  John.     The  Mountains  of  California.— i?.  ^.  y?A«j^  .    .    783 
Nicholson,  J.  Shield.     Principles  of  Political  Economy,  Vol.  I. 

—H.  H.  Powers 123 

Nicholson,  J.  Shield.    A  Treatise  on  Money.— 5".  M,  Lindsay,    299 
Norton,   Charles  E.    (Editor).      Orations  and  Addresses  of 

George  William  Curtis.- /^  /.  Herriott 307 

Novicow,  J.     Les  Luttes  cntre  soci^t^s  humaines.— /..   Gum- 
plowicz     598 


Contents.  ix 

PAOB. 

Otkkn,  Chari^ks  H.      The  Ills  of  the  South.— 5".  B.  Weeks  .   .    970 
Pearson,  Chari.es  H.      National  Life  and  Character.— C  H. 

Lincoln 600 

P01.K,  Wii,LiAM  M.      Leonidas  Polk,  Bishop  and  General. — 5. 

B.  Weeks 296 

Rae,  John.     Eight  Hours  for  Work. — H.  H.  Powers 603 

Ratzenhofer,  Gustav.      Wesen  und  Zweck  der  Politik.— Z.. 

Gutnplowicz 128 

Reynolds,  Marcus  T.    Housing  of  the  Poor  in  American  Cities 

— D.  I.  Green 431 

ScHOENLAUBE,  BRUNO.     Soziale  Kampfe  vor  dreihundert  Jahren. 

—K.  Diehl 771 

SCHWiEDLAND,    EuGEN.      Kleingewerbe  und  Hausindustrie  in 

Oesterreich. — L.  Gumplowicz 972 

Scott,  Wii^liam  A.     Repudiation  of  State  Debts. — G.  P.  Garri- 
son    136 

Shaw,  Albert.     Municipal  Government  in  Great  Britain. — L. 

S.  Rowe 973 

Shirres,  L.  p.     An  Analysis  of  the  Ideas  of  Economics. — .S". 

Sherwood 138 

Small,  Albion  W.  and  Vincent,  George  E.     An  Introduction 

to  the  Study  of  Society. — H.  H.  Powers 772 

Smith,  George  H.     A  Critical  History  of  Modern  English  Juris- 
prudence.—  William  D.  Lewis 433 

Smith,  Goldwin.     Essays  on  Questions  of  the  Day. — F.  I.  Her- 

riott 307 

Straus,  Oscar  S.     Roger  Williams. —  W.  H.  Mace 977 

Swift,  F.  Darwin.     The  Life  and  Times  of  James  the  First,  the 

Conqueror,  King  of  Aragon. — Edward  G.  Bourne 605 

Tarr,  Ralph  S.     Economic  Geology  of  the  United  States.— £". 

R.Johnson 780 

Thayer,  James  Bradley.     Cases  on  Constitutional  Law 

Parts  I  and  II. — C.  F.  A.  Currier 310 

Parts  III  and  IV.— C  F.  A.  Currier 978 

Tholmaun,  Robert.     Geschichte  des  antiken  Kommunismus 

und  Socialismus. — L.  Gumplowicz 606 

Tompkins,  Arnold.   The  Philosophy  of  Teaching. —  W.  H.  Mcu:e   775 
ViDARi,  Ercole.     Corso  di  diritto  commerciale. — A.  Sacerdoti  .    434 
Vincent,  George  E.    See  Small. 
Waentig,  H.      Auguste  Comte.— Z..   Gumplowicz  and  Ellen  C. 

Semple 979 

V.  Waltbrshausen,  a.  Sartorius.    Die  Arbeits-verfassung  der 

englischen  Kolonien  in  Nordamerika. — E.  P.  Cheyney  .   .   .    776 


X  Contents. 

PAOK. 

Warner,  Amos  G.     American  Charities.—//.  H.  Powers    .  982 

Webb,  Sidney  and  Beatrice.    The  History  of  Trade-Unionism 

—  Wm.  H.  Dawson 438 

V.  WiESER,  F.     Die  Wahrungsfrage  und  die  Zukunft  der  Oesterr- 

eichisch-Ungarischen  Valutereform. — S.  M.  Lindsay  ....    300 
Wii«UAMS,  A.  M.     Sam  Houston  and  the  War  of  Independence 

in  Texas.— C.  P.  Garrison 984 

WiNSOR,  Justin.    Cartierto  Frontenac— (7.  //. //izy»^5  .   ...    778 
Wood,  Frederick  A.    History  of  Taxation  in  Vermont. — C.  C. 

PUhn .    608 

Woodford,  Arthur  B.    The  Economic  Primer. — H.  R.  Seager  611 

Woods,  Robert  A.    See  Addams. 

Zeidler,  Hugo.     Geschichte  des  deutschen  Genossensschafts- 

wesens  der  Neuzeit.— A".  Diehl • 985 


NOTES. 

Aegis,  The 146 

American  Commonwealth,  Vol.  ll.^antes  Bryce 784 

American  Society  for  the  Extension  of  University  Teaching, 

Third  Summer  Meeting 988 

Antisemitismus  und  Strafrechtspflege. — M.  Parmod 987 

Arbeiterfrage  und  die  deutschen  Gewerkvereine,  Die. — M.  Hirsch,  144 

Armenpflege  in  Wien  und  ihre  Reform,  Die. — R.  Kobatsch    .   .    .  786 
British  Commerce  and  Colonies  from  Elizabeth  to  Victoria. — //. 

de  B.  Gibbins 313 

Bulletin  de  I'office  du  travail 146 

College  Men  in  Charity  Work 621 

Commentaries  on  the  Law  of  Persons  and  Personal  Property. — T. 

W.  Dwight .785 

Commercial  Law.— y.  E.  C.  Munro 314 

Condition  of  the  Western  Farmer. — A.  F.  Bentley .  140 

Constitution  and  Records  of  the  Claim  Association  of  Johnson 

County,  Iowa. — B.  F.  Shambaugh 619 

Education  and  Educators. — D.  Kay 616 

English  Constitutional  Documents 785 

Englishman  at  Home,  The. — Edward  Porriit 618 

BMtti  sur  le  commerce. — R.  Cantillon 312 

Bfliays  on  Questions  of  the  Day,  Second  Edition. — Goldwin  Smith,  619 

French  Revolution  Tested  by  Mirabeau's  Career.—//,  v.  Hoist    .  616 

Priedrich  der  Grosse  und  General  Chasot.— A'.  T.  Gaedertz  ...  142 

German  Universities,  The. — F.  Paulsen 987 


Contents.  xi 

PAOB. 

Handbook  for  Philadelphia  Voters. — C.  A.  Brinley 141 

Handbook   of  Public  Health  and    Demography.—^.   F.    Wil- 

loughby 786 

Handbook  of  Sociological  Information. — Wm.  H.  Tolman  and 

IVnt.  I.  Hull 449 

Histoire  gen^rale  du  IV*  Si^cle  i  nos  jours,  Tome  III. — E.  La- 

visse  et  A.  Rambaud 616 

Historical  and  Political  Essays. — H.  C.  Lodge 617 

History  of  Elections  in  the  American  Colonies. — C.  F.  Bishop  .  .  312 
History  of  the  General  Doctrine  of  Rent  in  German  Economics. 

— C.  IV.  Macfarlane 315 

History  of  Greece,  The,  Vol.  \.—A.  Holm  .   , 986 

History  of  the  Philosophy  of  History. — R.Flint 615 

History  of  the  United  States. — A.  C.  Thomas 449 

History  of  the  United  States  for  Schools. —y(?A«/^rj>^^ 446 

Inheritance  Tax,  The.— Max  West. 620 

International  Congress  of  Hygiene  and  Demography 314 

International  Congress  on  Customs  legislation  and  the  Labor 

Question 148 

Land  Systems  Australia. —  Wm.  Epps 313 

Law  of  Boroughs  in  Pennsylvania. — F.  R.  Savidge 145 

Lehrbuch  der  historischen  Methode.— .£■.  Bernheim 140 

Local  Government  in  the  South  and  Southwest. — Edw.  W.  Bemis,  445 

J  Massachusetts  Railroad  Commissioners'  Report 786 

'Masses  and  Classes. — H.  Tuckley 145 

Meysey-Thompson,  Sir  Henry's  Bimetallic  Prize 622 

Miinchener  volkswirtschaftliche  Studien 147 

Niccold  Machiavelli. — P.  Villari 619 

Note  of  Correction.—/-  ^-  Jenks 139 

Note  of  Correction. — M.  L.  Muhleman 788 

Prindpes  d'economie  politique. —  C.  Gide 143 

Principles  of  Economics.— C.  P.  Osborne 144 

Political  Economy  of  Natural  Law,  The. — H.  Wood 620 

Programm  der  Handwerker,  Das.—//.  Bdttger 783 

Question  sociale  est  une  question  morale.  La. —  T.  Ziegler     .   .   .  787 

Referendum  in  Kansas 621 

Revue  du  droit  public 147 

Road  and  the  Roadside,  The.— ^.  W.  Potter 315 

Scholarships  for  Charitable  Work 313 

School  of  Sociology 449 

Social  Peace.— G^.  v.  Schulze-Gaevemitz 447 

Talcott  Papers,  The.— Mary  K.  Talcott 448 


xii  Contents. 

PAGE. 

Theory  of  Foreign  Exchanges. — George  J.  Goschen 144 

Translations  and  Reprints  from  the  Original  Sources  of  European 

History 621 

Treatise  on  the  Foreign  Powers  and  Jurisdiction  of  the  British 

Crown.— ll^imam  E.  Hall 986 

Triumphant  Democracy. — A.  Carnegie 142 

tjber  das  Verhaltniss  von  Arbeitslohn  und  Arbeitszeit  zur  Arbeits- 

leistung. — L.  Breutano 141 

Wealth  and  Moral  Law. — E.  B.  Andrews 614 

Wirtschafls  und  Finanzgeschichte  der  Reichsstadt  Ueberlingen. — 

F.  Sckaeffer 446 


A 


Contents.  xiii 

NOTES  ON  MUNICIPAL  GOVERNMENT. 

EDITED  BY  l,KO  S.  ROWS, 
WITH    THB    CO-OPERATION    OF: 

James  W.  Pryor,  Esq.,  Secretary  City  Club,  New  York  City;  Sylvester  Baxter, 
Esq.,  Boston  Herald^  Boston  ;  Samuel  B.  Capen,  Esq.,  President  Municipal  League, 
Boston ;  Mr.  A.  L.  Crocker,  Minneapolis ;  Victor  Rosewater,  Ph.  D.,  Omaha  Bee^ 
Omaha  ;  Professor  John  Henry  Gray,  Chairman  Committee  on  Municipal  Affairs, 
Civic  Federation,  Chicago. 

PAGE. 

Berlin 459,  635,  997 

Bibliography 638,  809,  999 

Boston 630,  808,  994 

Chattanooga 633 

Chicago 458,  630 

Conferences  in  the  Interest  of  Good  City  Government 639 

Italian  Cities 460 

London 634,  997 

National  Conference  for  Good  City  Government 636 

National  Municipal  Reform  League 636 

New  York 457,  800,  992 

Omaha 632 

Philadelphia 457,  629,  798,  990 

San  Francisco 996 

Street  Railways  in  Massachusetts 959 


xiv  Contents. 

SOCIOLOGICAL  NOTES. 

EDITED  BY  .SAMUEIy  M.  I.INDSAY, 
WITH  THE  CO-OPERATION  OF  : 

Prorcsaor  P.  H.  Ciddings  (Columbia  College),  Professor  W.  F.  Willcox (Cornell 
University),  Dr.  John  Graham  Brooks  (Cambridge,  Mass.),  Dr.  E-  R.  Gould  (Johns 
Hopkini  University),  Mr.  John  Koren  (Boston),  Hon.  Carroll  D.  Wright  (Washing- 
ton. D.  C),  Professor  B.  Cheysson  (Paris),  Mr.  Robert  D.  McGonnigle  (Pittsburg, 
Fm.\  President  John  H.  Finley  (Knox  College),  Miss  Emily  Green  Balch  (Jamaica 
Plains,  Mass.),  Miss  M.  E-  Richmond  (Baltimore,  Md.),  and  others. 

rAOB. 

Bibliography     650,  825,  1012 

Charities 648,  821 

College  Settlements 647,  816 

Department  of  Labor     650 

Domestic  Service  Question 1008 

Immigration 824 

Liquor  Problem 645 

Maasachtisetts 644 

Norwegian  Company  System 1009 

Pennsylvania 6^ 

School  of  Applied  Ethics 1012 

Sociological  Investigation 8r8 

Tenement  Houses 817 

Theory  of  Sociology 640,  814,  looi 

Unemployed 823,  1004 

Yale  University 546 


Contents. 


SUPPLEMENTS. 


XV 


K  Theory  of  Sociology.    By  Franklin  H.  Giddings.    8o  Pp. 

Supplement,  July,  1894. 


Constitution  of  thb  Kingdom  op  Prussia.  Translated  and  sup- 
plied with  an  Introduction  and  Notes  by  James  Harvey  Robin- 
son.    54  Pp. 


Supplement,  September,  1894. 

Constitution  of  the  Kingdom  of  Italy.  Translated  and  supplied 
with  an  Introduction  and  Notes  by  S.  M.  Lindsay  and  L.  S. 
RowE.    44  Pp. 

Supplement,  November,  1894. 


JULY,  i89f. 

ANNALS 


OF  THB 


AMERICAN  ACADEMY 

OF 

POLITICAL  AND  SOCIAL  SCIENCE. 


THE  FUTURE  PROBI.EM  OF  CHARITY  AND  THE 
UNEMPI^OYED.* 
No  clear  word  upon  this  ugly  subject  is  possible  without 
constant  reference  to  a  new  social  feeling  which  has  at 
last  become  very  intense.  Democracy,  with  its  passion  for 
equality  of  opportunity,  has  now  so  far  developed  as  to  intro- 
duce into  the  questions  of  charity  and  the  unemployed  an 
element  as  new  as  it  is  formidable.  By  its  newness  I  mean 
rather  that  a  volume  of  social  feeling  has  become  conscious 
of  itself  in  a  new  way.  The  masses  have  at  last  got  political 
power  so  organized  that  it  can  be  brought  to  bear  on  social 
legislation.  The  clear  consciousness  of  this  fact  is  intensify- 
ing the  *  *  social  problem  ' '  at  every  point,  and  making  it  far 

*I  am  aware  that  the  "  Knights  of  the  Panacea  "  will  be  impatient  of  the  slow 
disciplinary  influences  offered  in  this  paper.  It  seems  safe  to  assume  that  what- 
ever changes  take  place  with  the  "economic  rent,"  or  along  the  lines  of  municipal 
socialism, '  'to  steady  employment,"  etc.,  or  for  fewer  hours,  such  agencies  and  espe- 
cially such  training  as  are  here  indicated  will  still  be  necessary.  Whatever  devel- 
opment socialism  or  the  single  tax  may  have,  some  kind  of  an  "  estate  "—fifth  or 
sixth?— will  yet  remain  for  any  future  which  it  is  worth  while  to  discuss.  Mean- 
time the  remedies  offered  will  not  stand  in  the  way  of  any  increase  in  socializing 
rent,  or  profits,  or  interest. 

(I) 


2  Annals  of  the  American  Academy. 

more  difficult  to  meet.  Though  it  appears  in  several  coun- 
tries, there  are  special  reasons  why  we  see  this  change  more 
clearly  in  France  and  England  than  elsewhere. 

The  socialism  of  the  St.  Simon  type  was  careful  to  keep 
out  of  politics,  but,  as  with  the  English  trade-unions,  the 
last  dozen  years  have  shown  a  direct  and  rapid  tendency  into 
politics.  I  do  not  mean  general  politics  but  that  part  of 
politics  which  concerns  industrial  legislation.  For  weal  or 
woe  the  masses  have  come  to  believe  that  they  can  make  or 
unmake  laws  in  such  way  as  to  change  to  their  advantage 
the  industrial  system.  The  fact  which  is  new  and  formid- 
able is  that  the  masses  have  at  last  come  to  believe  this. 
What  other  classes  in  history  have  done  when  in  possession 
of  government,  the  democracy  will  try  to  do.  Will  they 
blunder  worse  than  their  predecessors  ?  It  is  quite  possible, 
but  it  is  certain  that  the  ' '  passion  for  equality  of  opportu- 
nity "  is  in  politics  to  stay.  It  is  this  which  within  ten  years 
has  put  into  the  French  Chamber  of  Deputies  sixty  socialist 
members.  It  is  this  which  has  given  to  their  trade-unions 
a  power  which  the  government  cannot  for  a  moment  ignore. 
It  is  this  which  has  put  city  councilors  into  power  in  more 
than  eighty  communes  and  given  to  several  large  cities 
socialist  mayors.  It  is  this  sense  of  new  and  direct  influ- 
ence in  politics  which  is  working  even  greater  changes  in 
England,  in  rapidly  increasing  numbers  of  workingmen 
among  magistrates,  inspectors  and  poor  law  guardians:  the 
new  attitude  of  the  government  toward  the  eight-hour  ques- 
tion, the  establishment  of  a  Labor  Department,  the  new  form 
of  the  Employers'  Liability  Act  and  the  Parish  Council  Bill, 
with  all  that  this  implies  of  democratic  administration  as 
against  the  control  of  the  squire  and  the  parson,  all  spring 
from  the  same  source.  But  in  what  ways  does  this  new 
sense  of  power  in  social  questions  affect  the  problems  of 
charity  and  the  unemployed  ?  The  relation  is  as  direct  as  it  is 
practicable.  Whether  in  France  or  New  Zealand,  Denmark 
or  England,  every  proposed  change  in  the  poor  laws  shows 


The  Future  Problem  of  Charity.  3 

the  same  concern  about  the  democracy.  Its  claims,  its  feel- 
ings must  be  conciliated.  In  the  new  draft  of  the  Denmark 
law  we  read,  "  the  law  must  not  (as  of  old)  violate  the  sense 
of  independence  among  the  poor."  This  is  expressed  even 
more  strongly  in  recent  proposals  in  the  New  Zealand  law. 
Mr.  Fowler,  as  member  of  the  English  government,  thinks 
evidently  that  the  attempt  to  disgrace  the  poor  by  the  severi- 
ties of  indoor  relief  cannot  be  allowed  to  continue.*  Against 
Peel's  opinion  that  no  public  relief  should  be  considered 
honorable,  we  now  have  an  almost  violent  reaction  among 
many  of  the  ablest  men  in  England.  Politicians  like  Chamber- 
lain, Gorst  and  Hunter,  trained  workers  in  charity  like  Moor 
Ede  and  Samuel  Bamett,  economists  like  Marshall,  statisti- 
cians like  Charles  Booth.  These  men  are  now  found  pro- 
testing loudly  against  the  assumed  suflSciency  of  any  possible 
administration  of  the  present  poor  law  or  workhouse  test. 
The  whole  movement  in  England  toward  some  form  of  old 
age  insurance  rests  upon  the  admission  that  a  large  part  of 
the  poor  have  been  unfairly  and  inadequately  dealt  with. 
The  real  facts  as  to  the  degree  of  poverty  in  the  English 
working  classes  were  ignored  until  they  won  the  support  of 
Charles  Booth's  authoritative  sanction. 
The  Hon.  Arthur  Aclaird  said:   "  So  far  as  they  go  [Mr. 

•  There  is  great  significance  in  the  attitude  of  very  different  types  of  govern- 
ments at  the  present  moment  on  this  subject.  The  new  law  in  Denmark  reads : 
"The  repugnance  felt  by  the  decent  poor  towards  the  workhouse  and  their  readi- 
ness to  endure  considerable  privation  rather  than  enter  it,  is  reasonable,"  etc. 
The  last  annual  of  the  New  Zealand  Report  of  the  jBureau  of  Industries,  says : 

"  The  present  system  of  charitable  aid  is  faulty  in  the  extreme ."  In  November, 

1892,  in  a  circular  issued  by  the  English  I/xral  Government  Board,  we  read,  "The 
spirit  of  independence  which  leads  so  many  of  the  working  classes  to  make  great 
personal  sacrifices  rather  than  incur  the  stigma  of  pauperism,  is  one  that  deserves 
the  gfreatest  sympathy,"  etc.  "What  is  required  in  the  endeavor  to  relieve  arti- 
sans and  others  who  have  hitherto  avoided  poor  law  assistance,  and  who  are  tem- 
porarily out  of  employment,  is I.  Work  which  will  not  involve  the  stigma  of 

pauperism,"  etc. 

We  see  the  same  thing  in  the  enormous  petition  now  going  to  the  Swiss  Pedera< 
tion  for  the  legal  changes  which  shall  admit  the  "  right  to  work."  All  this,  whether 
desirable  or  otherwise,  is  a  world  movement  that  grrows  apace  with  the  extension 
of  an  educated  democracy.  It  means  not  only  a  sharper  distinction  between  pov- 
erty and  pauperism,  but  that  clearly  undeserved  want  should  be  dealt  with  upon 
principles  which  the  official  and  voluntary  charities  have  refused  to  recognise. 


4  Annaxs  of  thb  American  Academy. 

Booth's  figures]  they  seriously  disturb  the  comfortable  belief 
of  those  who  sometimes  speak  as  though  old  age  pauperism 
were  largely  the  fault  of  the  paupers,  and  therefore  to  be 
treated  only  by  deterrent  methods." 

I  have  here  no  opinion  to  express  on  the  English  scheme 
to  meet  this  pauperism  by  old  age  pensions,  but,  as  the  plan 
turned  solely  upon  the  question  of  poverty,  the  opinions  as 
to  the  need  of  some  new  method  other  than  the  old  charity 
are  of  course  to  the  point.  The  change  of  opinion  in  Eng- 
land is  only  what  we  find  in  several  other  countries  where 
the  two  phenomena  are  found  together:  a  highly  developed 
industrial  life  and  a  highly  developed  democratic  sentiment. 
Where  this  sentiment  has  learned  its  politics  best;  where  it 
has  best  learned  the  arts  of  using  this  new  political  influ- 
ence, there  we  find  the  most  radical  proposals  to  revolutionize 
charity  methods  and  to  face  the  spectre  of  the  unemployed 
with  other  weapons. 

Look  for  a  moment  at  the  discussion  in  England.  Mr. 
Booth,  in  his  address  before  the  Statistical  Society,*  showed 
how  he  feared  every  exaggeration  of  pauperism,  and  yet  how 
appalling  the  figures  were.  The  plain  record  of  facts  as  he 
finds  them,  drove  him  to  remedies  and  proposals  which  seem 
extreme.  He  finds  *  *  two  out  of  every  five  men  and  women 
who  live  to  be  sixty-five  are  destined,  under  existing  circum- 
stances, to  become  chargeable  to  the  poor  rates,  to  be  a  bur- 
den upon  the  poor  law.  Influential  papers  which  ridiculed 
socialist  writers  seven  years  ago  for  a  moderate  statement 
of  the  evil,  now  practically  accept  Mr.  Booth's  figures.  Mr. 
Chamberlain  says: 

"  I  want  to  tell  you  two  things  which  are  worth  bearing  in 
mind.  Of  every  man  and  woman  who  is  to-day  living  at 
the  age  of  twenty-five,  one  out  of  two  will  live,  according  to 
the  tables,  to  the  age  of  sixty-five.  I  ofl:en  hear  people  say, 
'Oh,  working  people  do  not  live  to  sixty-five.'  There  is 
no  greater  mistake.     There  are  at  the  present  time  2,000,00a 

•Journal,  December,  1891. 


The  Future  Probi^em  op  Charity.  5 

in  the  United  Kingdom  over  sixty-five,  and  the  majority  of 
them  belong  to  the  working  classes.  One  out  of  two- 
remember  that — will  live  to  be  sixty-five.  The  second  point 
— and  this  is  more  serious — is  that,  out  of  those  who  live  to 
be  sixty-five  under  present  conditions,  forty  per  cent,  two 
out  of  five  will  be  paupers,  will  have  to  depend  for  their  sub- 
sistence upon  poor  law  relief.  This  is  a  matter  which  I  have 
calculated  for  myself  and  for  which  I  have  given  my  author- 
ity on  previous  occasions.  But  the  figures  I  am  quoting 
now  are  not  my  own.  I  have  got  a  better  authority  than 
any  I  could  give.  They  have  been  sent  to  me  by  the  kind- 
ness of  Mr.  Charles  Booth,  who  is  well  known  as  the  greatest 
living  authority  upon  pauperism  and  the  condition  of  the 
poor.  * ' 

In  the  editorial  comments  of  the  Times  we  read,  **Mr. 
Booth's  figures  justify  Mr.  Chamberlain."  "  He  gives  state- 
ments precise  as  a  balance  sheet,  dealing  with  points  vitally 
material  to  any  old  age  pension  scheme;  "  and  Mr.  Chamber- 
lain's "arguments  for  such  a  scheme  have  been  much 
strengthened  by  Mr.  Booth's  paper."  Even  the  Daily  News 
finds  no  objection  on  principle.  It  says:  **  It  can  not  be  too 
carefully  borne  in  mind  that,  in  providing  universally  for 
old  age,  we  should  not  be  so  much  taking  up  a  burden  as 
readjusting  it."  The  poor  are  now  "cared  for  in  the  way 
most  unsatisfactory'  possible,  .  .  .  in  a  way  discouraging  to 
thrift  and  efibrt,  degrading  to  the  old  people,  often  cruelly 
burdensome.  Sooner  or  later  we  shall  amend  this;  .  .  . 
it  will  not  be  by  the  exercise  of  any  intricate  ingenuity,  but 
by  a  bold  hiimaiiitarian  recognition  of  a  public  duty  to  those 
great  masses  who  have  speiit  their  lives  in  the  ptiblic  service. ' ' 
This  final  sentence  is  to  the  letter  as  if  written  by  some 
socialist  of  the  chair  in  1 878-1 879,  when  the  discussion  of 
state  insurance  was  becoming  public  in  Germany. 

With  the  general  proposition  of  old  age  insurance,  Mr. 
John  Morley  expresses  distinct  sympathy:  **I  have  taken 
great  interest  in  the  subject,  and  have  ventured  to  say  that  I 


6  Annals  of  the  American  Academy. 

think  the  man  or  the  party  who  solves  this  question — ^the 
question  of  preventing  a  man  who  has  worked  hard  all  his 
life,  maintained  his  family,  and  been  a  good  citizen,  from 
going  in  his  old  age  to  the  workhouse — the  man  who  shall 
put  an  end  to  that  state  of  things  will  deserve  more  glory 
than  if  he  had  won  battles  in  the  field."  At  Sheffield  Mr. 
Morley  said:  *' Could  not  the  State  use  its  influence  in  the 
direction  of  something  like  national  insurance  ?  The  most 
afflicting  thing  to  be  seen  in  modem  society  is  that  after  men 
have  spent  their  natural  force  they  were  so  often  left  beggars. ' ' 

Mr.  Ede,  formerly  lecturer  upon  political  economy  at  Cam- 
bridge, writes  out  of  a  long  experience,  in  the  Contemporary 
Review y  April,  1891,  that,  in  his  opinion,  the  trade-unions, 
even  with  the  help  of  the  friendly  societies,  can  not  begin  to 
deal  with  this  question,  since  they  touch  only  the  more 
successftil  body  of  laborers,  not  the  great  mass  of  the 
unskilled.  To  those  who  hope  that  the  '  *  thrift  movement ' ' 
will  finally  reach  these  masses,  he  says:  "Is  it  reasonable 
to  expect  such  thrift  of  the  average  agricultural  laborer? 
.  .  .  Forty-five  per  cent  of  the  deaths  over  sixty  years  of 
age  were  those  of  persons  who  had  been  in  receipt  of  poor 
relief,  /.  e,^  nearly  one-half  over  sixty  were  paupers.  Can 
we  expect  such  thrift  from  the  unskilled  laborers  in  towns 
whose  average  wage  in  consequence  of  irregularity  of  employ- 
ment is  scarcely,  if  at  all,  above  that  of  the  agriculturalists? 
Manifestly  we  can  not."  Of  London  he  says:  "  One  in  five 
of  the  deaths  occurs  in  a  workhouse  or  public  hospital.  If 
we  eliminate  those  above  the  wage-earners  the  proportion 
will  be  something  like  one  in  three  for  all  ages.  If  we  take 
those  of  sixty  and  upwards,  one  in  two  will  more  accurately 
represent  the  proportion.  .     .     . 

'*  Four  hundred  and  ninety  thousand  persons  over  sixty- 
five  years  of  age  in  receipt  of  relief  during  the  year — over 
one  in  three  of  the  whole  population  of  that  age — and  even 
this  takes  no  account  of  lunatics  or  the  large  number  who 
struggle  on  in  feeble  bodily  health,  or  eke  out  an  existence 


The  Future  Problem  of  Charity.  7 

of  semi-starvation  on  their  little  savings,  dreading  nothing 
so  much  as  that  they  should  survive  their  slender  store  and 
be  driven  to  the  parish,  and  the  house  at  last." 

He  asks  if  it  is  more  ignoble  that  these  should  receive  pen- 
sions than  that  more  tlian  100,000  in  the  army,  police,  navy 
and  civil  service  should  receive  them. 

Dr.  Spence  Watson  writes:  "  My  hope  and  belief  is  that  a 
carefully  considered  scheme  may  succeed  in  preventing  those 
who  have  labored  through  life  in  the  sendee  of  the  State  being 
compelled,  in  their  declining  days,  to  seek  a  refuge  in  the 
poorhouse." 

It  has  been  the  theory  of  the  poor  law  reform  act  of  1834 
that  '  *  fear  of  want ' '  was  the  great  safeguard  against  pau- 
perism. There  is  now  experience  enough  to  make  one 
statement  about  this  fear  argument  very  safe,  namely:  that 
large  classes  of  laborers  are  almost  wholly  unmoved  by  it. 
Fear  of  want  has  no  such  influence  upon  them  as  the  theory 
presupposes.  The  statement  is  equally  safe  that  large  classes 
are,  on  the  contrary,  very  powerfully  affected  by  whatever 
adds  hopefulness  to  their  lot.  A  German  biologist*  has 
shown  that  the  *  *  hunger  argument ' '  has  done  in  the  lower 
animal  world  far  too  much  service.  It  seems  quite  as  true 
of  the  '  *  fear  of  want ' '  argument  in  the  question  of  pau- 
perism. '  *  Sense  of  security  and  hopefulness ' '  upon  purely 
economic  grounds  are  everywhere  found  to  have  unexpected 
values. 

Mr.  Booth  uses  the  socialist  argument  (Professor  Marshall- 
seems  to  agree  with  him)  that  the  hopefulness  which  a  feeling 
of  economic  security  gives  is  of  far  greater  promise.  With 
such  experience  as  we  have  at  command,  it  is  impossible  to 
deny  that  this  may  prove  true  so  far  as  the  principle  can  be 
applied.  It  is  moreover  a  point  of  extreme  practical  impor- 
tance, since  sentiment  is  becoming  so  powerful  a  factor  in 
social  politics  that  the  voters  are  not  in  the  least  likely  to 
sympathize  with  any  such  stringent  application  of  the  poor 

*"^  Siologische  ProbUme,''  von  Dr.  Rolph,  Leipzig,  1SS4. 


8  Annals  op  the  American  Academy. 

law  as  tliis  '  *  fear  of  want ' '  argument  implies. 

of  the  possible"  must  more  and   more   take  this  sensitive 

mass  of  feeling  in  the  rising  demos  into  acx^ount. 

This  is  accurately  what  the  leading  politicians  of  the  world 
are  being  forced  to  do  in  these  questions  of  charity  and  relief. 
Four  years  after  the  law  had  been  changed  in  France  allow- 
ing the  trade-unions  practically  free  swing,  M.  Floquet, 
Minister  of  the  Interior,  said  in  1888  what  every  minister 
now  repeats  after  him,  that  the  principles  of  the  Revolution 
of  17S9  must  be  accepted.  M.  Floquet  was  speaking  upon 
charity  and  he  did  not  hesitate  to  take  his  text  from  the 
*  *  Declaration  of  Rights. ' '     He  said  : 

•'  In  opening  your  first  session,  let  me  remind  you  that 
you  are  descended  from  the  French  [Revolution,  and  that 
your  appropriate  task  is  a  preserving  effort  to  put  into  prac- 
tice the  ideas  of  which  it  was  the  exponent  and  to  act  as  the 
executors  of  its  will. 

**When,  for  a  moment,  in  1848,  the  spirit  of  the  Revolu- 
tion again  flashed  forth,  a  new  attempt  was  made  to  give 
fresh  impetus  to  the  great  principle  of  social  solidarity  and  to 
organize  a  system  of  public  charity.  Since  then,  no  general 
law  on  this  subject  has  been  enacted.  Little  by  little,  piece- 
meal, our  existing  laws  have  g^own  up.  But  the  same  spirit 
— that  of  the  Revolution — animates  these  fragments.  In 
every  branch  of  the  public  charitable  service,  the  recollection 
of  the  principles  formulated  by  the  convention  regulates  the 
relations  between  the  assisted  and  the  government. 

"The  aim  of  every  democratic  government  should  be  to 
realize  in  practice  the  principle  of  social  solidarity  consecra- 
ted by  the  French  Revolution." 

There  are  two  tendencies  in  French  charities:  one  toward 
a  substitution  of  an  obligatory  principle  for  a  voluntary  one; 
the  other  toward  throwing  the  obligations  upon  the  com- 
mune, and  it  is  of  more  than  ordinary  significance  to  compare 
the  charity  principles  of  '89  to  which  Floquet  refers  with 
what  is  now  attempting  in  those  communes  in  which  the 


The  Future  Problem  of  Charity.  9 

socialists  have  won  power  upon  the  city  councils.  Every 
revolution  in  France  which  has  brought  the  democratic  spirit 
to  the  front,  has  brought  an  attack  upon  the  prevailing  forms 
and  methods  of  charity.  What  the  Bastille  symbolized  was 
not  more  hateful  than  what  was  implied  b>'  the  institutions 
and  the  word  charity.  Disgrace  was  associated  with  Vhdpi- 
ial\  it  is  thus  erased  and  maison  de  saiitS  put  in  its  place. 
The  common  term  bureau  de  chariie  was  changed  into 
bureau  de  bienjaisance^  and  the  word  foundling  into  enfant 
nature!  de  la  patrie.  This  was  more  than  playfulness,  the 
attempt  to  change  the  entire  concepton  of  caring  for  the  unfor- 
tunate was  made  with  a  sort  of  passion.  Taine  has  shown 
how  direct  and  powerful  an  influence  Rousseau  exercised 
upon  those  sympathies  out  of  which  charity  springs;  but 
Rousseau  furnished  a  social  theory  quite  as  important.  If 
society  to  its  very  heart  is  corrupt,  the  decay  of  the  individ- 
ual is  a  fatality;  if  out  of  work  or  penniless  or  sick,  the 
fault  is  not  his,  but  society's.  If  we  add  to  this  the  theory 
of  equality  and  the  natural  dignity  of  human  nature  we  see 
that  any  influence  which  leads  large  masses  honestly  and 
passionately  to  believe  such  doctrines,  will  lead  to  action  and 
to  practice.  Such  action  and  practice  have  followed  in  every 
outburst  of  democratic  sentiment,  1830,  1848,  1871.  The  first 
objects  of  this  sentiment  are  the  questions  of  charity  and  the 
unemployed.  In  quite  twenty  of  the  communes  at  the  pres- 
ent moment  attempts  are  making  to  carry  out  the  spirit  of 
the  Revolution  and  remove  every  sign  of  disgrace,  raise  the 
standard  of  living  ;  in  a  word,  to  act  with  the  poor  as  if  they 
were  not  to  blame,  but  society  rather. 

Let  us  be  wholly  clear  as  to  this  point.  The  more  advanced 
sections  of  the  democracy,  those  sections  that  are  organized 
for  greatest  influence,  have  either  accepted  these  views  about 
charity  and  the  unemployed  or  they  are  rapidly  coming  to 
accept  them.  In  Boston,  during  the  past  winter,  not  alone 
in  the  crowded  Fanueil  Hall  gatherings  or  in  **  Equity 
Union,"  but  in  the  constant  discussion  of  these  questions  at 


lo     Annals  of  the  American  Academy. 

the  diflferent  trade-union  centres,  the  same  bitterness  showed 
itself  against  charity  and  against  every  assumption  that 
individuals  were  to  blame  for  being  poor  or  out  of  work. 

Europe  has  long  been  familiar  with  such  opinions,  but 
they  are  for  the  most  part  new  with  us.  Nor  need  we  hood- 
wink ourselves  by  supposing  that  such  opinions  will  pass 
away  even  if  the  business  depression  soon  ceases.  Social- 
istic agitation  has  at  last  too  many  centres  established  among 
us;  the  literature  of  agitation  is  spreading  too  widely  and 
too  rapidly,  and  the  whole  movement  of  organized  labor 
shows  such  increasing  socialistic  sympathy,  that  the  entire 
problem  of  charity  and  the  unemployed  will  no  longer  be 
free  from  this  new  influence.  We  have  seen,  too,  that  this 
antagonism  against  the  older  ideas  of  charity  is  shared  by 
many  names  of  commanding  influence.  Governments  are 
showing  this  new  feeling  as  distinctly  as  individuals.  The 
boldest  scheme  of  social  legislation  is  State  insurance  of  the 
laboring  classes.  It  is  in  every  country  assumed  by  the  advo- 
cates of  these  measures  that  economic  insecurity,  in  the 
present  conditions  of  the  world-market,  is  a  constant  peril 
of  so  g^ave  a  character  that  society  has  no  right  to  act  as  if 
the  individual  laborer  could  meet  all  the  exigencies.  This 
legislation  assumes  that  the  causes  of  much  poverty  and  out 
of  work  are  strictly  social.  "'  Le  risque  prof essioneV  (trade 
responsibility)  is  an  attempt  to  recognize  a  larger  responsi- 
bility than  that  of  the  individual. 

There  is  thus  every  justification  for  the  laborer  to  turn  upon, 
his  opponent  with  words  that  I  once  heard:  "Your  econ- 
omists and  your  politicians  are  both  hurrying  to  admit  that 
the  chief  causes  of  poverty  and  the  unemployed  are  social." 
If  there  is  some  exaggeration  in  this  there  is  also  essential 
truth  in  it. 

I  cannot  therefore  think  it  of  prime  importance  to  search 
for  the  causes  of  poverty  and  want  of  work.  It  is  not  even 
of  importance  to  settle  the  question  of  rights  among  these 
opinions.     Even  if  we  believed  strongly  that  the  new  views 


I 


The  Future  Problem  of  Charity.  ii 

were  dangerous,  and  that  the  older  charity  methods  ought 
to  suffice,  we  are  met  by  the  sinister  fact  that  a  powerful 
minority  hotly  maintains  that  the  older  methods  are  both 
false  and  intolerable.  Here  then,  in  the  growing  mass  of 
this  opposition,  is  the  first  obstacle  with  which  we  must 
reckon.  Our  problem  is  not  one  of  theory  but  of  trouble- 
some practice.  The  angry  irritation  against  the  old  charity 
springs  straight  from  a  democratic  sentiment  which  has 
become  conscious  of  political  power.  The  socialist  mayor 
of  St.  Ouen,  in  France,  says,  ' '  We  must  first  stop  the 
ignominy  of  putting  a  stigma  upon  the  poor  by  forcing  them 
upon  charit>\  Charity  is  an  obliquy.  It  tries  to  prevent 
people  becoming  poor  by  holding  over  them  the  fear  of 
social  disgrace,  but  as  the  social  system  now  creates  most  of 
the  poverty  it  is  a  cruelty  to  make  the  victim  responsible. ' ' 

The  workhouse  uniform  was  therefore  to  be  taken  off  and 
the  recipients  of  relief  allowed  to  go  fi-ee  with  an  extra  sub- 
sidy in  their  pockets.  The  natural  dignity  of  the  individual 
was  to  be  restored.  By  fi-ee  feeding  of  the  children  of  the 
poor  in  the  public  schools  and  kindergartens;  by  the  muni- 
cipalized drug  store  and  the  free  distribution  of  medicines 
among  the  needy,  it  is  proposed  to  raise  the  standard 
of  living — sanitary  and  economic — rather  than  trust  to  the 
older  charity.  Mayor  Walter,  of  St.  Denis,  goes  to  a  widow 
with  four  young  children  and  says  to  her,  "You  have 
applied  for  charity.  It  is  true  you  cannot  support  yourself 
and  properly  rear  your  children  without  help,  but  charity 
will  spoil  you  and  possibly  your  children.  I  will  take  your 
children  in  the  name  of  the  commune.  They  shall  be 
clothed  and  fed  and  educated,  you  meantime  earning  your 
own  living  and  having  free  access  to  your  family,  which 
shall  be  restored  to  you  when  they  have  passed  through  the 
schools,  or  you  are  able  to  support  the  burden  without  char- 
ity." As  wild  as  this  sounds,  a  very  powerful  opinion  is 
growing  up  in  favor  of  something  very  like  this  measure. 
The  actual  observations  of  the  evil  effects  of  the  ordinary 


12  Annals  of  the  American  Academy. 

charity  upon  a  family  are  such  as  to  force  more  and  more  of 
the  thoughtful  and  experienced  to  ask  if,  after  all,  there  isn't 
a  better  way  than  to  go  on  trying  to  check  poverty  by  hold- 
ing up  the  poorhouse,  loss  of  citizenship,  or  any  other  mere 
intimidation  as  if  it  were  an  adequate  preventive,  to  say 
nothing  of  its  justice  or  injustice.  Growing  doubts,  both  as 
to  the  adequacy  and  the  justice  of  the  *'fear  of  poverty" 
argument  are  what  have  driven  such  men  as  Professor  Mar- 
shall, Charles  Booth,  Samuel  Bamett  and  others  to  look  to- 
ward measures  that  might  inspire  hopefulness  instead  of 
fear.  Schaeffle  and  other  economists  used  the  same  argu- 
ment in  pleading  for  the  workingmen's  insurance.  It  was 
said  repeatedly  '  'the  older  charity  ideas  are  no  longer  adequate 
to  the  exigencies. ' '  An  able  and  experienced  member  of  the 
London  school  board  told  me,  * '  My  experience  has  forced 
me  to  believe  that  for  the  children  of  the  poor  and  their 
proper  maintenance  an  entirely  new  policy  has  got  to  come. 
At  a  certain  level  of  poverty  the  steadiness  of  municipal 
action  must  take  the  place  of  a  vacillating  charity,  and  a 
certain  standard  of  physical  comfort  must  be  assured  or  the 
whole  object  of  education  for  such  children  goes  for  naught, 
besides  the  certainty  that  they  will  grow  up  physically  unfit 
to  be  fathers  or  mothers."  So  strong  a  man  as  Dr.  Hunter, 
member  of  Parliament  for  Aberdeen,  writes  powerfully  in 
the  April  Contemporaiy  Review  to  show  that  the  orthodox 
idea  about  the  superiority  of  indoor  relief  is  hopelessly  dis- 
credited upon  the  facts  in  England — discredited,  that  is,  so 
far  as  it  is  supposed  to  be  a  solution  of  the  problem.  Very 
strong  proof  is  given  of  the  greater  excellence  at  many  points 
of  outdoor  relief.  Dr.  Hunter  is  one  of  the  many  converts 
to  an  old  age  insurance  scheme,  and  like  most  of  those  who 
come  to  believe  that  the  necessities  for  receiving  charity  at 
all  may  be  largely  met  by  such  insurance,  he  argues  like 
Gorst,  Ackland,  Chamberlain;  like  Constance,  who  has  been 
called  the  Chamberlain  of  French  politics,  or  like  Depuy,  or 
indeed,  like  each  succeeding  head  of  the  French  government. 


The  Future;  Problem  of  Charity.  13 

This  attitude  of  the  shrewdest  politicians  is  of  special  interest. 
If  they  are  not  absolutely  disinterested  they,  at  least,  know 
the  drift  of  opinion  and  set  sail  accordingly.  But  we  have 
here  the  politician  of  the  Constance  and  Chamberlain  type, 
the  economist,  the  statistician  and  many  practical  workers  in 
charity  uniting.  They  agree  that  the  older  forms  of  charity 
are  now  inadequate  and  must  be  remodeled.  They  also  agree 
that  much  poverty  and  out-of-work  are  traceable  not  to  the 
individual  shortcoming  alone,  but  to  social  and  industrial  con- 
ditions that  are  beyond  the  individual's  control.  At  this 
moment  your  extreme  democrat  or  socialist,  if  he  knows  the 
facts,  can  point  to  a  body  of  most  authoritative  expert  opinion 
which  seems  fairly  to  be  on  his  side,  and  to  considerable  extent 
is  on  his  side,  and  if  we  could  only  trace  out  the  reasons  why 
so  many  able  men  have  grown  sceptical  of  the  old  charity  and 
are  looking  for  quite  other  remedies,  their  changed  opinions 
would  be  found  owing  chiefly  to  the  fact  that  the  demos  has  at 
last  got  a  language  of  its  own.  Labor  organizations,  thous- 
ands of  socialistic  centres,  an  army  of  lecturers,  and  a  very 
formidable  press  have  finally  got  a  sort  of  consistency  of  ex- 
pression for  that  vague  mass  of  feeling  which  has  been  grow- 
ing with  the  democratic  movement.  The  root  passion  of  this 
movement  is  the  longing  for  larger  equality  of  opportunity, 
and  the  thing  which  seems  to  me  of  extreme  practical  signifi- 
cance is  that  a  multitude  of  those  who  have  intellectual  in- 
fluence of  high  order  are  already  won  to  the  belief  that  this 
which  the  demos  demands  is  essentially  just  and  should  be 
listened  to.  The  more  socialistic  view  of  charity  and  the  un- 
employed is  no  longer  confined  to  the  proletariat.  The  s/>zni 
of  its  view  is  held  by  a  most  formidable  list  of  authoritative 
names.  The  cravings  and  the  half  articulate  thought  at  the 
bottom  are  at  last  supported  and  strengthened  by  imposing 
opinions  at  the  top.  The  two  will  more  and  more  work  to- 
gether in  this  question  we  are  considering.  When,  with  in- 
creasing heat  and  emphasis,  we  hear  from  socialist  and  trade- 
union  groups,  and  even  from  college  settlements:    "Your 


14  Annals  of  the  American  Academy. 

charity  is  an  offence,  and  we  will  none  of  it,"  it  will  get  a 
response  so  sympathetic  from  those  whose  names  carry 
weight,  as  to  add  to  that  cry  far  greater  effect.  Now  my 
claim  is  that  for  any  right  beginnings  in  this  future  problem 
of  charity  and  the  imemployed,  this  background  of  demo- 
cratic sentiment  must  at  every  point  be  taken  into  account.  It 
must  be  taken  into  account  precisely  as  the  English  will 
eventually  be  forced  to  shape  their  Irish  legislation  more  in 
accordance  with  the  mass  of  feeling  that  prevails  in  Ireland. 
The  learned  Tory  browbeats  you  with  his  technical  difficulties 
with  a  given  Home  Rule  bill.  He  does  not,  nevertheless, 
shake  your  confidence  in  the  least  that  in  some  way  Ireland 
must  at  last  be  ruled  with  more  consideration  for  the  kind  of 
feeling  which  prevails  among  the  people  of  Ireland.  The 
plain  fact  is  that  with  charity  methods,  and  with  the  special 
question  of  the  unemployed,  democratic  sentiment  has  so  far 
developed;  it  has  got  such  power  of  expressing  that  senti- 
ment through  the  machinery  of  politics,  that  our  question  is 
new  and  quite  other  than  it  was.  In  saying  this,  I  may  be 
allowed  to  add  that,  personally  the  recognition  of  these  more 
daring  democratic  or  socialistic  claims,  seem  to  me  not  with- 
out threatening  possibilities.  After  a  good  deal  of  rather  inti- 
mate experience  with  '  *  case  work  ' '  under  the  Associated 
Charity  methods,  I  know  the  sickening  story  of  human  weak- 
ness which  follows  so  swiftly  upon  the  removal  of  personal 
responsibility.  I  do  not  forget  all  the  commonplaces  of 
** self  help."  I  know  that  Emerson's  sentence,  '*Man  is 
as  lazy  as  he  dares  to  be,"  is  dismally  true  of  a  large  pro- 
portion of  those  with  whom  our  problem  has  to  do.  Not 
one  of  these  things  do  I  forget  in  saying  confidently  that 
the  growth  of  democracy  is  forcing  us  on  to  measures  which 
shall  not  be  wholly  out  of  sympathy  with  that  democracy. 
The  older  charity  method  is  aristocratic.  It  has  been  in  the 
hands  and  under  the  guidance  of  the  well-to-do.  It  has 
been,  as  truly  as  the  tax  systems,  to  considerable  extent  in 
the  interests  of  the  upper  classes.     The  squire  and  the  parson 


The  Future  Problem  op  Charity.  15 

liave  managed  these  things  with  fair  success  in  the  English 
parish  in  the  past,  but  they  cannot  continue  to  monopolize 
charity  administration  for  the  simple  reason  that  the  democ- 
racy has  too  far  developed  in  many  of  those  parishes  and  is 
now  angrily  demanding  its  own  part  in  such  administration, 
as  it  has  already  begun  to  force  its  way  upon  the  boards  of 
guardians.  As  the  English  aristocracy  before  the  reform 
bill  was  shocked,  that  *  *  mere  shopkeepers  "  should  want  to 
get  into  Parliament;  as  in  turn  the  business  men  were  indig- 
nant that  mere  laborers  should  ask  for  representation  there, 
so  the  representatives  of  the  ratepayers  on  the  boards  of 
guardians  find  food  for  surprise  that  workingmen  should  aim 
at  such  influence.  It  is  said  that  the  interests  of  the  labor- 
ers are  subserved  best  if  the  well-to-do  classes  do  their  chari- 
ties for  them.  As  has  always  been  said  by  the  class  in 
possession  of  political  power,  to  the  excluded  class,  *  *  you 
will  be  best  served  if  we  manage  your  politics  for  you." 
We  may  safely  take  it  for  granted  that  the  time  has  passed 
Tvhen  one  class,  be  they  men  or  women,  will  longer  accept 
this  sort  of  advice;  and  it  is  the  ever  closer  and  closer  alliance 
of  politics  with  social  questions  which  increases  the  hostility 
against  charity  administration  which  is  so  exclusivel}^  in  the 
hands  of  the  well-to-do.  I  am  not  theorizing  about  this 
hostilitj\  I  have  spoken  during  the  past  year  to  many  labor 
organizations,  and  everywhere  this  angry  note  against  charity 
methods  and  against  anything  like  charity  for  the  unemployed 
makes  itself  felt.  The  reasons  for  this  hostility  are  at 
bottom  the  stigma  which  has  come  to  be  associated  with 
charity;  the  idea  that  charity,  being  voluntary,  the  recipients 
are  supposed  to  be  grateful  for  such  helps,  but  even  more 
the  fact  that  the  very  respectable  and  well-conditioned  people 
in  the  community  administer  the  charities.  Here  is  the 
arch  ofience.  The  traditional  charity  carries  with  it  as  a 
fatality  a  sense  of  distributing  favors.  It  is  a  gift  from  suc- 
cess to  failure,  from  superiority  to  apparent  inferiority;  from 
one  who  pities,  to  one  who  is  an  object  of  pity.     We  may 


1 6     Annals  of  the  American  Academy. 

say  that  the  demos  is  unreasonable  in  this,  that  his  objec- 
tions are  irrational  in  the  extreme.  I  will  not  defend  him, 
but  only  assert  the  embarrassing  fact  that  widely  and  deeply 
this  rooted  ill-will  is  there.  I  say  further,  that  it  is  certain 
each  year  to  increase,  for  the  reason  that  socialistic  agitation 
is  increasing.  This  agitation  will  in  future  manufacture 
problems  which  would  otherwise  have  no  existence.  I  am 
confident  that  in  years  of  average  prosperity  the  same 
amount  of  agitation  which  we  have  had  this  year  in  Boston 
would  have  made  a  problem.  Every  city  has  in  winter  a 
large  number  of  unemployed  (like  carpenters  and  masons) . 
They  expect  to  be  idle  three  months.  If  we  add  to  these 
the  motley  crowd  that  is  always  there,  you  have  only  to  tell 
them  often  enough  that  society  owes  them  work  and  a  living 
to  make  them  believe  it.  For  four  months  there  was  not  a 
night  last  winter  in  which  this  kind  of  teaching  was  not 
going  on.  As  in  European  cities,  it  goes  on  uninterruptedly 
year  by  year.  We  shall  not  stop  it  in  our  own  cities  and,  I 
repeat  it,  this  agitation  will  make  a  problem  simply  by  bring- 
ing the  conditions  of  the  problem  oiit  to  consciousness.  All 
the  phrases  of  "our  right  to  work,"  have  literally  been 
drilled  into  the  heads  of  thousands  of  workingmen  in  Boston 
and  several  neighboring  cities.  It  is  a  seed  the  fruit  of  which 
is  a  chronic  question  of  the  unemployed;  and  as  with  the 
charity  problem  of  which  it  is  a  part,  its  shape  and  direc- 
tion have  been  largely  determined  by  a  certain  extreme  demo- 
cratic and  socialistic  sentiment  which  has  come  into  touch 
with  politics.  The  seventeen  centres  of  the  Associated  Char- 
ities could  last  winter  have  met  the  exigency  with  incom- 
parably more  efficiency,  than  the  city  did  by  methods  that 
were  bungling,  because  no  preparations  had  been  made, 
nor  any  proper  measure  of  the  problem  been  taken.  The 
investigation  was  utterly  inadequate.  The  plan  was  in  too 
wholesale  a  form  to  be  managed  properly.  If  the  great 
Bedford  street  crowd  could  have  been  broken  up  into  twenty 
small  manageable  groups;  if  above  all,  trained  investigators 


The  Future  Problem  of  Charity.  17 

could  have  at  once  gone  to  work  and  the  workers  taken  on 
as  fast  as  investigation  had  done  its  work,  far  greater  good 
would  have  been  done.  Yet  I  hear  of  no  city  that  has  done 
better  than  Boston,  either  with  its  street  work  or  its  sewing 
and  patching. 

The  Associated  Charities  that  could  have  done  far  better 
were  not  allowed  to  act.  Why  ?  Because  at  the  points  where 
the  question  of  the  unemployed  touched  politics  the  labor  lead- 
ers and  the  politicians  made  themselves  too  strongly  felt. 
Properly  organized  charity  was  disliked  too  much  by  those 
who  represented,  or  wished  to  represent  the  unemployed,  and 
on  the  other  hand  the  officialism  of  the  city  was  unprepared 
and  untrained  for  the  emergency.  Anything  like  real  suc- 
cess was  thus  impossible.  Miscellaneous  begging  has  thriven 
upon  the  situation,  and  one  certain  consequence  in  my  opin- 
ion is  a  considerable  degree  of  demoralization  which  will  be 
felt  in  the  future.  In  that  future  the  distrust  and  ill-will 
toward  ordinary  charities  is  sure  to  deepen.  Even  if  these 
charities  can  do  better  than  the  cit}^,  political  affiliations 
touched  by  socialistic  sentiment  will  not  permit  them  to 
monopolize  the  control  of  such  experiments  as  the  unem- 
ployed. I  believe  distinctly  that  the  day  has  passed  when 
the  well-to-do  classes  can  alone  manage  these  questions. 
The  simple  fact  that  the  management  is  in  such  hands  has  at 
last  come  to  excite  such  a  force  of  sullen  ill-will  that  the  fric- 
tion is  too  great.  Representatives  both  of  the  leisure  and 
working  classes  must  get  that  education  and  sympathy 
which  alone  can  come  by  bearing  together  common  responsi- 
bilities. 

It  will  not  help  us  to  find  fault  with  this  growing  distrust, 
or  to  blame  the  demos  for  its  enmity  toward  charity.  If  this 
enmity  is  a  fact  and  if  it  is  increasing,  it  can  have  but  one  cure. 
The  scientific  or  systematized  charity  is  grossly  misunder- 
stood by  these  enemies  and  will  continue  to  be  misunderstood 
until  they  are  brought  long  and  intimately  into  actual  con- 
tact with  the  practical  problems  of  organized  charity.     Its 


1 8     Annals  op  the  American  Academy. 

principles  are  rational  co-operation,  S3^stematized  investiga- 
tion and  friendly  ^'isiting.  It  is  not  pedantry  to-day  that 
this  is  science  applied  to  the  problem.  It  is  merely  ordered 
knowledge  infused  by  the  proper  spirit.  Trade-unionist  and 
socialist  alike  must  accept  what  is  essential  in  these  princi- 
ples just  so  far  as  they  deal  at  all  wisely  with  the  question. 
How  can  this  insight  be  learned?  Only  in  one  way,  and 
that,  by  systematic  experience  in  the  application  of  these 
principles. 

In  work  upon  charity  and  the  unemployed  the  next  great 
step  in  charity  work  I  believe  to  be  this  democratiziiig  of  its 
administration.  It  must  come  not  only  to  teach  the  socialists 
and  trade-unionists  a  very  difficult  lesson,  it  must  come  also 
if  only  to  fill  the  gulf  now  widening  between  these  groups, 
and  official  and  voluntary  charities.  Socialists  and  trade- 
unionists  will  learn  their  lesson  only  so  far  as  definite 
responsibilities  are  given  them.  This  will  imply  what  has 
already  begun  even  in  the  Klberfeld  system,  paid  service 
among  a  part  of  the  visitors. 

It  is  evident  that  with  increased  responsibility  the  most 
intelligent  leaders  of  the  London  socialists  are  already  learn- 
ing this  lesson.  John  Bums  has  said  that  when  the  socialists 
got  power  they  would  make  short  work  with  the  dead-beat 
constituency.  He  has  shown  more  and  more  interest  in  the 
work  of  the  charity  organization  idea  in  his  own  district. 
They  cannot  deal  with  the  confirmed  beggar  without  such 
principles,  nor  is  it  possible  for  them  to  learn  these  principles 
except  by  taking  upon  themselves  the  actual  burden  of  the 
administration  work,  i.  e.,  their  part  of  it.  Those  of  them 
who  thus  do  the  work  will  come  to  be  the  natural  instructors 
of  their  fellows. 

This  democratizing  of  charity  work  must  come  slowly  and 
above  all  not  be  unnaturally  forced.  If  we  understand  that 
it  is  an  ideal  toward  which  we  must  w^ork,  opportunities 
will  come,  as  they  have  already  come  to  put  women  on 
boards  of  overseers.     The  Boston  board  is  at  this  moment 


The  Future  Problem  of  Charity.  19 

doubled  in  strength  and  eflficiency  by  the  women  upon  it, 
yet  it  is  but  a  few  years  since  I  heard  this  ridiculed  by  per- 
sons in  authority  as  "  absurd  doctrinaire  sentiment."  The 
Boston  committee  for  the  unemployed  had  a  fair  chance  to 
put  one  or  two  representatives  of  the  trade-unions  among  its 
members.  The  refusal  to  do  this  resulted  in  much  bitterness 
among  the  labor  organizations.  Here  was  the  perfect  oppor- 
tunity to  avoid  such  irritation  and  also  to  educate  the  labor 
representatives  by  giving  them  their  share  of  the  responsi- 
bility in  dealing  with  the  unemploj^ed  question.  They  were 
living  in  the  midst  of  it  and  daily  struggling  with  the 
problem  and  yet  were  allowed  to  have  no  part  in  directing 
the  experiment.  I  am  glad  to  have  heard  the  distinguished 
president  of  the  Boston  Associated  Charities  admit  that  it 
was  a  mistake  to  keep  these  men  from  the  committee. 

Beside  this  cautious  working  tow^ard  a  democratizing  of 
charity  administration,  what  may  be  said  of  more  specific 
remedies  for  the  future  ?  * 

In  answering  the  question,  I  shall  keep  as  far  aloof  from 
any  theorizing  as  possible;  I  shall  have  in  mind  merely  the 
actual  experience  which  the  situation  offers.  And  first, 
what  was  the  chief  blinding  fact  of  that  situation  last  winter  ? 
It  was  the  fact  that  the  whole  mass  with  which  the  problem 
had  to  do  was  mixed  hopelessly  through  and  through  with 
the  professional  beggar,  the  tramp  and  the  dead-beat  element; 
so  confused  by  this  element  that  no  human  ingenuity  could 

♦  The  remedies  suggested  may  seem  related  to  the  unemployed  rather  than  to 
the  charity  question.  To  the  extent  however  that  the  agencies  indicated  prove 
efficient  they  will  relieve  the  charity  burden,  as  they  will  tend  to  classify  groups 
«o  that  the  "  genuine  "  unemployed— so  far  as  possessed  of  any  skill— will  present 
relatively  few  difficulties.  Alike  for  the  workless  and  charity  subjects  the  present 
despair  is  the  kind  of  competition  brought  to  the  situation  by  the  untaught,  by  those 
who  live  from  hand  to  mouth,  and  especially  by  that  large  variety  of  tramp  and 
beggar  who  accepts  odd  jobs  when  driven  to  it  by  chronic  necessity.  The  slow 
democratizing  of  administration  is  perhaps  even  more  necessary  for  any  right  han- 
dling of  the  unemployed  than  for  objects  of  charity.  Organized  opinion  among 
the  working-people  themselves  will  act  upon  their  idlers  far  more  powerfully  than 
the  opinion  of  the  well-to-do.  An  English  Socialist  has  said,  "  Your  comfortable 
classes  can  get  no  leverage  upon  these  fellows.  Let  the  laborers  themsclres  deal 
with  them,  and  they  can  quickly  weed  out  the  parasite." 


20  Annals  op  the  American  Academy. 

in  the  least  tell  what  we  were  dealing  with.  The  whole 
discussion,  the  public  meetings,  the  advertising,  made  it  the 
occasion  for  this  dead-beat  element  to  come  to  the  front.  It 
is  not  a  matter  of  question  that  Boston,  like  every  large  city, 
has  thousands  of  such  in  its  midst. 

I  believe  that  the  beginning  of  right  thinking  on  this 
question  is  to  understand  once  for  all  that  no  important  step 
is  possible  until  we  take  measures  to  separate  the  *'  beat  "  in 
all  his  forms  from  the  honest  and  well  meaning  among  those 
in  need.  Why,  like  the  green  bay  tree,  does  the  beat  flourish 
among  us?  chiefly  because  the  public  chooses  to  support 
him,  and  why  support  him?  because  the  public  is  wholly 
uncertain,  when  appeal  for  alms  is  made,  whether  the  case  is 
genuine  or  not.  And  the  public  will  continue  to  give  at  the 
back  door  and  upon  the  streets  until  it  is  convinced  that  the 
beggar  has  had  a  perfectly  fair  chance  of  work  offered  him. 
'  *  I  had  rather  give  to  five  beats  than  turn  off  one  worthy 
case,"  is  what  one  hears  from  four-fifths  of  the  well-to-do- 
classes,  and  so  the  tramp  goes  his  way  rejoicing  and  the  pro- 
fessional beggar  continues  without  let  his  calling.  One  sees 
clearly  in  all  this  that  the  first  difficulty  is  in  this  uncon- 
vinced public  opinion.  No  step  will  count  that  does  not  first 
reckon  with  this  public  opinion.  It  is  for  this  reason  that 
we  are  driven  for  remedies  (i)  to  adequate  organized  work 
iests^  not  primarily  to  furnish  work,  but  simplj^  as  tests. 
We  may  beg^n  with  the  actual  tests  existing  whether  wood 
yards,  laundries,  street  work,  and  so  far  add  to  them  as  fairly 
to  meet  the  varying  degrees  of  strength  and  weakness  among 
those  out  of  work.  Tailoring  and  sewing  work,  thorough 
cleaning  of  the  courts  and  alleys,  etc.,  can  certainly  be  so  far 
organized  as  to  constitute  such  tests.  The  evidence  is  very 
strong  that  voluntary  associations  alone  cannot  cope  with  the 
problem.  The  city  must  take  part  in  such  way  as  to  allow 
competition  between  it  and  voluntary  schemes.  A  certain 
requisite  steadiness  and  uniformity  can  alone  be  secured  by 
municipal  control.     On  the  other  hand  much  of  the  best 


The  Futurb  Problem  of  Charity.  21 

work  finally  taken  by  the  municipality  is  first  tried  and 
approved  by  the  free  initiative  of  individuals  or  voluntary 
associations.  Nor  need  the  city  fear  to  admit  the  * '  right  to 
work "  if  it  retain  the  control  of  all  conditions  of  place, 
wage,  etc.,  under  which  work  is  given.  It  seems  clear  that 
for  such  work  the  ' '  living  wage ' '  cannot  be  paid  but  some- 
thing below  even  the  market  wage  for  kindred  tasks.  This 
may  bring  some  conflict  at  first  with  the  trade-unions,  but  as 
in  the  coming  issue  of  the  trade  schools  it  is  a  conflict  that 
has  to  be  met  and  fought  out.  The  chief  part  of  these 
applicants  will  not,  however,  be  members  of  labor  organiza- 
tions, and  the  trade-unions  do  not  waste  sympathy  on  *  'scabs. ' ' 
Another  condition  of  these  tests  is  that  the  unemployed  be 
ultimately  distributed  in  such  relation  to  the  demand  and 
supply  of  work  as  to  include  not  merely  towns  but  country 
districts. 

It  goes  without  saying  that  if  the  ''right  to  worl^"  be 
granted,  the  conditions  of  that  right  cannot  be  set  by  those 
who  demand  the  work.  It  reduces  to  an  absurdity  if  we  say, 
' '  You  shall  have  work  where  you  want  it,  you  shall  have  just 
the  kind  of  work  you  wish,  you  shall  have  the  wage  you 
wish."  The  demand  now  is  to  work  in  cities  because  the 
excitements  are  there,  and  the  countr>^  is  tedious.  It  appears 
thus  evident  that  in  this  first  step  of  organizing  tests,  centres 
of  information  about  employment  should  (as  in  Berlin)  be 
organized  in  country  and  city  in  relation  to  each  other.  No 
new  institution  need  be  started  for  this.  The  police  station 
in  the  city  could  in  the  beginning  do  service. 

I  am  aware  that  bureaus  of  information  have  not  accom- 
plished what  was  expected  of  them,  but  no  conceivable 
reason  exists  why  they  should  reach  important  results  until 
they  become  organized  with  tests  and  with  such  educational 
and  disciplinary  agencies  as  will  make  the  bureau  a  necessit>' 
instead  of  being,  as  it  now  is,  an  unrelated  thing.  If  under- 
stood that  those  out  of  work  could  register  name,  condition 
and  address  as  early  as  they  would,  time  enough  would  be 


32  Annals  of  the  American  Academy. 

given  for  thorough  investigation  of  each  case.  We  may  be 
certain  that,  with  the  classified  information  already  at  hand, 
this  would  weed  out  at  the  very  start,  before  the  pressure 
were  upon  us,  a  very  large  proportion  of  the  most  perplex- 
ing cases,  exactly  as  a  perfectly  fair  work  test  will  drive 
four-fifths  of  the  tramps  out  of  any  town  or  state.  We 
should  then  have  left,  what  has  been  called  the  "remnant 
of  the  genuine."  With  this  remnant  I  believe  we  are  per- 
fectly competent  to  deal,  if  we  have  anything  like  the 
development  of  industrial  and  trade  schools  that  other 
countries  are  getting.  Here  is  a  g^evous  want.  Among  the 
great  majority  is  an  appalling  lack  of  even  the  beginning  of 
any  kind  of  skill.  The  skilless  workman  in  the  age  of 
highly  developed  industry  is,  especially  in  cities,  at  a  terrible 
disadvantage.*  He  can  produce  nothing  for  which  market 
value  exists;  nothing  for  which  there  is  a  real  want.  Can 
it  be  too  soon  understood  that  this  large  class,  which  our 
dhaotic  immigration  swells  to  such  unwieldy  proportions, 
cannot  be  supplied  with  made  work  except  at  ludicrously 
extravagant  expense  ? 

I  pit  the  Boston  experiment  upon  the  whole  against  any 
of  which  I  have  heard  and  yet,  if  superintendence  and  rent 
were  counted  in,  I  am  convinced  that  street  work,  men  and 
women's  sewing  work  counted  together  would  give  a  result 
like  that  of  putting  into  one  end  of  a  machine  dollars  and 
getting  out  at  the  other  end  possibly  thirty  cent  pieces. 
Some  sewer  work  paid  better  simply  because  fit  men  were 
deliberately  selected  for  the  purpose,  but  the  whole  $100,000 
expenditure  was  a  frightful  waste,  the  sole  excuse  of  which 

•  There  are  no  names  of  higher  authority  than  those  (like  Siemens,  Playfair, 
Galton)  who  hold  that  there  is  a  kind  of  inevitableness  in  the  present  supply  cf 
material  for  charity  subjects  and  the  unemployed.  The  rapidity  and  the  vast  scale 
upon  which  science  and  invention  are  being  applied,  with  the  consequent  demand 
for  greater  skill,  vigor  and  enterprise  among  employers  and  laborers  alike,  throws 
upon  the  weak  a  strain  too  great  to  be  met.  A  pace  is  set  which  they  cannot  follow. 
If  we  add  to  this  that  these  are  often  gathered  in  cities  where  the  centres  of  organ- 
ized vice— dance-house,  saloon,  gaming — do  upon  such  forced  idlers  a  very  deadly 
work,  we  see  that  the  supply  of  material  for  charity  and  the  unemployed  is  con- 
•UiiUy  renewed. 


The  Future  Problem  op  Charity.  23 

was  the  character  of  the  exigency  for  which  no  sort  of 
adequate  preparations  were  made.  It  was  early  so  evident 
that  the  result  was  to  be  failure  that  a  few  of  us  determined 
that  careful  statistics  should  be  gathered  as  to  nationality, 
trade,  condition  of  family,  time  out  of  work,  etc.,  for  the 
purpose  of  having  something  to  guide  us  in  the  future. 
Light  will  be  thrown  upon  a  few  vital  points,  only  one  or 
two  of  these  here  concern  us.  It  is  quite  probable  that  some 
15,000  more  than  usual  were  out  of  work.  If  these  were 
out  of  work  as  was  claimed  some  four  months,  it  would 
require  the  organization  of  work  for  which  more  than  one 
and  a  half  millions  of  money  must  be  paid.  This  at  least 
shows  the  magnitude  of  the  problem  of  "furnishing  work," 
but  put  beside  this  the  actual  achievement  the  almost  ludi- 
crous result. 

Perhaps  half  this  15,000  have  had  work  given  them,  but 
how  long  ?  I  believe  less  than  two  weeks.  Large  numbers 
got  but  a  single  shift  of  three  days  ;  a  very  large  number  but 
two  shifts  during  the  entire  winter.  Is  this  less  than  far- 
cical ?  Think  of  the  aroused  expectation  and  the  consequent 
disappointment.  It  is  hardly  conceivable  that  if  no  induce- 
ments had  been  held  out  of  city  employment,  these  people 
would  not,  upon  the  whole,  have  themselves  found  more 
work  than  the  average  of  them  got.  Two  or  three  thousand 
were  made  bitter  by  the  emptiness  of  the  result,  and  the  citi- 
zens who  sent  them,  thinking  that  all  had  a  right  to  the 
fiind,  were  quite  as  indignant.  When  the  facts  are  clear  we 
shall  see  a  little  better  what  it  means  to  furnish  anything 
like  adequate  work  for  a  large  mass  of  men  and  women, 
most  of  whom  are  practically  unskilled. 

Is  it  then  to  be  doubted  that  industrial  and  trade  schools 
must  become  a  part  of  this  problem  ?  A  large  proportion 
of  these  unskilled  were  young  enough  to  learn.  I  repeat, 
the  one  thing  we  cannot  afiford  to  do  is  to  patch  up  work 
for  the  unskilled.      It   is  turning   dollars   into  thirty-cent 


24     Annals  of  the  American  Academy. 

pieces.*  First,  let  us  have,  in  country  and  city,  bureaus  of  in- 
formation, so  that  applicants  can  be  investigated  before  there 
is  undue  haste  or  pressure.  Second,  organized  graded  work 
tests  t  that  shall  show  us  {a)  those  who  do  not  propose  to 
work  {b),  the  capacity,  skill  or  lack  of  skill  which  the  appli- 
cant possesses. 

For  the  capable  among  these,  work  can  be  found  (except 
in  extreme  depression)  if  demand  in  the  country  is  organized 
with  city  sources.  For  those  who  have  learned  to  do  nothing 
for  which  society  will  pay,  what  fit  or  hopeful  place  is  there 
but  some  form  of  training  school,  whether  forestry,  farm 
colony  or  trade  school?  If  it  is  said  ''they  will  not  go  to 
such  school,"  my  reply  is  that  social  responsibility  is  then, 
for  such  cases,  at  an  end,  as  society  has  done  its  duty  in 
finding  a  girl  a  decent  place  in  the  country.  They  often 
refuse  to  leave  the  city,  but  I  maintain  that  we  cannot  for 
an  instant  admit  that  it  is  our  duty  to  furnish  work  in  any 
one  locality.  j 

The  final  question  remains.  What  of  the  tramp  and  all  his 
kind,  whose  pretence  of  seeking  work  is  but  a  form  of  beg- 
ging? What  of  those  who  have  been  offered  work  and 
refused  it  ?  To  the  extent  that  public  opinion  can  be  slowly 
won  to  it,  I  see  but  one  answer.  All  such  must  be  put  upon  a 
penal  farm  colony  or  into  a  training  school,  but  in  either  case 
as  much  under  constraint  as  if  they  were  in  prison.  There 
shall  be,  however,  this  difference,  that  they  shall  be  given  an 
absolutely  fair  opportunity  to  work  their  way  out  by  proving 
two  things — first,  that  they  can  do  something  useful,  and 
second,  that  they  will  do  it.  If  they  continue  to  refiise  both, 
then  there  is  more  reason  why  they  should  be  kept  under 

•While  this  pap>cr  was  in  press  a  reply  to  inquiries  in  Holyoke,  Mass.,  was 
received,  in  which  it  appears  that  a  quite  careful  estimate  was  made  of  the  market 
Tmlue  of  certain  work  done  by  the  unemployed.  It  is  believed  that  the  men  earned 
•*  lets  than  thirty  cents  in  every  dollar  they  were  paid."  This  was,  of  course,  due 
tn  part  to  the  necessary  substitution  of  hand  for  machine  work.  It  also  appears 
that  in  533  days'  work  given,  each  person  got  but  seven  days. 

t  These  tests,  to  be  in  the  least  fair,  must  be  in  such  variety  as  to  gauge  at  least 
the  willingness  to  work,  and  also  to  avoid  asking  impossible  tasks  of  those  whose 
habits  of  work  have  unfitted  them  for  heavy,  rough  work. 


Thb  Future  Problem  of  Charity.  25 

constraint  than  in  the  case  of  an  insane  person.  Socialists  af- 
firm that  society  is  to  blame  for  the  tramp.  This  is  possible, 
but  it  is  not  a  question  of  blame,  but  of  social  danger.  We 
do  not  blame  the  insane  but  shut  them  up,  because  they  are 
socially  unsafe.  I  submit  that  the  most  superficial  study  of 
the  tramp  question  and  that  of  the  chronic  beggar  generally, 
in  their  effects  upon  social  life  leaves  no  doubt  that  any  kind 
of  handling  of  our  problem,  so  long  as  they  are  mixed  be- 
wilderingly  together  with  the  worthy  and  hopeful :  those  I 
mean  who  have  at  least  good-will,  and  for  whom  something 
can  be  done — so  long  as  nine-tenths  of  the  citizens  cannot  in 
the  least  distinguish  between  these  hopeful  elements  on  the 
one  side  and  the  despairing  ones  on  the  other,  we  are  blocked 
from  taking  even  the  first  steps  toward  a  rational  dealing 
with  this  problem  of  charity  and  the  unemployed.  This 
dead-beat  crowd  by  any  test  that  we  apply  to  it  is  our  great- 
est plague.  Indirectly  its  expense  is  incomparably  greater 
than  all  the  disciplinary  measures  I  am  proposing.  But 
when  this  crowd  is  considered  in  its  relation  to  that  part 
of  the  population  question  which  furnishes  us  the  constant 
stream  of  the  undervitalized  and  unfit,  we  see  that  no  real 
^ain  is  possible  until  these  sources  of  our  trouble  are  reached. 
The  three  great  passions — the  sexual,  gaming  and  drink 
are  furnished  in  our  cities  such  occasion  for  mischief  as  the 
world  has  not  seen.  The  brothel,  gambling  and  the  saloon 
are  organized  into  such  formidable  enticements  and  on  so 
vast  and  various  a  scale,  that  they  work  in  the  deadliest 
conceivable  way  upon  this  class  which  makes  our  difl&culty. 
Here  the  stuff"  for  charity  and  the  unemployed  is  manufac- 
tured as  cloth  in  a  mill.  What  a  comment  upon  our  intelli- 
gence that  Massachusetts  should  allow  8000  feeble-minded 
girls  to  be  loose  in  the  community  breeding  their  kind,  in- 
stead of  humanely  and  kindly  shutting  them  up.  The 
tramp  and  professional  beggar  in  every  form  is  quite  as  dis- 
tinct a  danger  to  society,  and  as  fruitful  of  recruits  for  charity 
and  the  unemployed. 


26     Annals  of  the  American  Academy. 

To  the  extent  that  immigration  is  furnishing  us  with 
creatures  of  this  type,  it  is,  of  course,  a  source  of  the  same 
mischief  and  should  be  dealt  with  as  such.  May  I  re- 
peat— 

(i.)  Employftunt  bureaus  distributed  over  county  and 
city  districts  with  investigation  so  organized  that  it  can  do 
its  work  before  it  is  too  late  to  manage  the  applicants. 

(2.)  Adequate  graded  ivork  tests  that  shall  convince  the 
public  that  the  applicant  has  been  taken  fairly  at  his  word 
and  offered  what  he  claims  to  be  seeking, — work.  Such 
work  tests  separate  the  beat  in  every  variety  from  those  for 
whom  something  may  be  done,  because  of  the  will  to  do 
something. 

(3.)  Trade  schools  (agriculture  included)  to  which  those 
can  be  sent  who  have  accepted  the  tests  and  proved  their 
willingness,  but  lack  of  skill  and  capacity. 

(4.)  Places  of  discipline  and  training  (farm  colonies  and 
workshops),  to  which  those  who  are  able,  but  deliberately 
refuse  to  work,  can  be  sent  as  to  a  prison,  where  they  shall 
be  kept  until  they  prove  their  willingness  and  ability  to  earn 
an  honest  livelihood.* 

If  slowly  and  cautiously  we  were  to  work  our  way  toward 
an  organization  of  these  four  measures,  that  should  become 
part  of  a  common  discipline,  it  seems  to  me  fair  to  hope  that 
we  should  begin  to  act  upon  public  opinion  so  as  to  secure 
its  co-operation.  The  public  does  not  now  believe  that  the 
luckless  and  unfortunate  is  given  a  fair  chance  to  work  and 
therefore  it  supports  him  as  a  beggar.  When  the  public 
knows  that  fair  tests  have  been  refused  it  will  be  prompt  to 

•  Every  whit  of  evidence  from  the  Belgian,  Holland  and  German  labor  colonies 
shows  that  compulsion  must  have  far  larger  use.  The  very  fact  that  such  persons 
•re  at  least  chronic  idlers  proves  that  they  will  not  freely  submit  themselves  to 
that  degree  of  discipline  which  is  necessary  to  create  the  habit  and  capacity  of 
work.  The  evidence  is  overwhelming  that  if  it  is  once  admitted  that  such  men 
and  women  should  be  put  upon  colonies  or  into  shops,  compulsion  is  a  necessity. 
This  admission  of  constraint  does  not  imply,  except  for  the  refractory  cases,  harsh 
treatment  in  any  form.  Any  degree  of  freedom  and  fair  dealing  may  be  allowed 
wbkb  is  consistent  with  that  degree  oi  training  which  the  case  demands. 


Thb  Future  Probi^em  of  Charity. 


27 


refuse  its  doles.  I  believe  further  that  the  effect  of  these 
measures  will  tend  toward  such  lessening  of  the  evil  at  its 
sources  as  to  leave  us  eventually,  not  without  a  problem,  but 
one  with  which  our  devotion  and  intelligence  may  cope  with 
fair  promise  of  success. 

John  Graham  Brooks. 

Cambridge,  Mass. 


PEACEABLE  BOYCOTTING. 

"Nor  is  it  the  province  of  judges  to  mould  and  stretch  the  law  of 
conspiracy  in  order  to  keep  pace  with  the  calculation  of  political  econ- 
omy." (Bowen,  I,.  J.,  in  Mogul  S.  S.  Co.  vs.  McGregor  et  als.  23  Q. 
B.  D.  620,  1889.) 

♦•  It  is  difficult  to  see  how,  in  a  case  of  a  conflict  of  interest,  it  is  pos- 
Mble  to  separate  the  objects  of  benefiting  yourself  and  injuring  your 
antagonist  Every  strike  is  in  the  nature  of  an  act  of  war.  Gain  on 
one  side  implies  loss  on  the  other,  and  to  say  it  is  lawful  to  combine 
to  protect  your  own  interest  but  imlawful  to  combine  to  injure  your 
anUgonist,  is  taking  away  with  one  hand  a  right  given  by  the  other." 
(Stephen's  "History  of  Criminal  Law  of  England,"  vol.  iii,  p.  218.) 

The  bill  in  equity  brought  in  March,  1893,  in  the  United 
States  Circuit  Court  for  the  Northern  District  of  Ohio  by  the 
Toledo,  Ann  Arbor  and  North  Michigan  Railway  Company 
against  the  Pennsylvania  Company,  other  connecting  lines 
and  P.  M.  Arthur,  Chief  Executive  of  the  Brotherhood  of 
Locomotive  Engineers,  was  the  means  of  deciding  adversely 
to  labor  certain  propositions  of  importance  in  the  pending 
struggle  between  labor  and  capital.  There  being  a  strike 
of  the  engineers  on  the  Ann  Arbor,  the  engineers  of  eight  con- 
necting lines  (which  lines  were  joined  as  defendants  in  the 
bill)  undertook  by  concerted  action,  as  members  of  the 
Brotherhood  of  Locomotive  Engineers,  to  which  all  belonged, 
to  assist  the  strikers.  The  chief  executive  officer  of  the 
Brotherhood,  P.  M.  Arthur,  being  authorized  by  a  by-law  of 
the  organization  to  take  this  course  when  circumstances 
seemed  to  him  to  make  it  advisable,  notified  the  superintend- 
ents of  the  eight  connecting  lines  that  the  engineers  on  their 
lines  would  quit  work  if  required  to  handle  Ann  Arbor 
freight;  the  immediate  purpose  being  to  compel  these  lines 
to  reject  Ann  Arbor  freight  to  the  loss  of  the  Ann  Arbor, 
and  the  ultimate  purpose  of  course  being  to  enable  the  Ann 
Arbor  strikers  to  prevail  in  their  contest  with  the  rail- 
roads.    There  was  no  malice  in  fact,  no  violence,  no  fraud. 

(28) 


PEACEABI.E  Boycotting.  29 

This  bill  was  then  brought  and  it  was  alleged  therein  that 
the  conduct  of  the  engineers  of  the  connecting  lines  and  of 
Mr.  Arthur  was  a  violation  of  the  Interstate  Commerce  Act.* 
By  this  act  all  railroads  doing  an  interstate  business  are 
required  to  grant  to  all  connecting  lines  equal  facilities  with- 
out discrimination,  and  a  penalty  is  added  against  railroads, 
or  persons  within  their  employ,  who  violate  any  of  the  pro- 
visions of  the  act.  The  court  was  therefore  asked  to  enjoin 
the  employes  on  the  connecting  lines  from  discriminating 
against  the  Ann  Arbor  by  refusing  to  handle  its  freight,  and 
to  enjoin  Mr.  Arthur  from  promulgating  or  keeping  in  force 
any  order  requiring  or  commanding  such  discrimination  of 
the  employes.  The  court  granted  the  injunction  as  prayed 
for  and  explained  its  views  at  length  in  two  opinions,  f  that 
of  Judge  Taft  being  especially  able  and  clear.  Any  intention 
of  compelling  an  employe  to  remain  in  his  employment  is 
disclaimed.  He  may  quit  if  he  thinks  best,  although  to  do 
so  is  a  violation  of  his  contract,  and  the  other  party  must  be 
left  to  his  suit  for  damages.  But  so  long  as  the  employe 
remains  in  his  employment,  the  law  can  compel  him  to  do 
his  whole  duty;  and  part  of  his  duty,  when  employed  on 
an  interstate  line,  is  to  grant  equal  facilities  to  connecting 
lines.  By  refusing  to  do  this  he  subjects  himself  to  the 
penalty  mentioned  above,  and  when  his  refusal  is  in  concert 
with  others  in  order  by  this  unexpected  act  to  compel  the 
railroad  which  employs  them  to  discriminate  against  other 
lines,  he  is  guilty  of  a  criminal  conspiracy,  and  not  only 
that,  but  of  a  conspiracy  to  violate  a  law  of  the  United 
States,  which  makes  him  liable  to  a  further  and  more  severe 
penalty.  By  promulgating  the  order  to  quit,  Mr.  Arthur 
aids  and  abets  the  criminal  discrimination  of  the  men,  as 
well  as  being  similarly  engaged  with  them  in  a  conspiracy  to 
procure  the  officials  of  the  connecting  lines  to  violate  the  act. 
Mr.  Arthur  and  the  men  are  moreover  civilly  liable  to  the 

•  Act  of  Febniary  4,  1887. 

t  Fed.  Rep.,  Hay  9,  1893,  pp.  730  and  746. 


30  Annals  of  run  American  Academy. 

Ann  Arbor  for  the  conspiracy,  and  for  procuring  the  connect- 
ing lines  to  violate  their  statutory  duty  of  non-discrimination 
to  the  Ann  Arbor.  Here  are  ample  grounds  for  an  injunc- 
tion, in  the  absence  of  which  irreparable  damage  will  be  done 
to  railroads  and  to  the  public.  Such  is  the  reasoning  of  the 
court. 

The  various  brotherhoods  of  railroad  employes  are  organ- 
izations embracing  several  special  forms  of  railroad  service. 
The  Locomotive  Engineers'  is  the  oldest  and  is  very  powerful, 
having  some  35,000  members  distributed  over  this  country 
and  Canada.  Its  course  in  labor  troubles  has  been  noticeably 
moderate  and  conservative.  The  effect  of  this  decision  seems 
to  be  to  restrict  the  action  of  the  brotherhoods  in  cases  of 
strike  to  the  road  where  the  strike  occurs.  The  men  there 
may  go  out,  for  they  thus  cease  to  be  employes  of  the  rail- 
road and  to  be  within  the  provisions  of  the  act.  But  their 
fellow-employes  on  connecting  lines  may  no  longer  assist 
them  by  giving  notice  of  an  intention  themselves  to  strike  if 
required  to  handle  the  freight  of  the  offending  line;  and  in 
a  certain  important  respect,  therefore,  the  brotherhoods  are 
divided  into  as  many  bodies  as  there  are  interstate  railroads. 
This  important  conclusion  of  law,  it  should  be  borne  in  mind, 
comes  not  from  express  legislation,  but  crept  between  the 
lines  of  a  statute  which  was  passed  for  an  entirely  different 
purpose.  The  Interstate  Commerce  Act  was  a  measure  in  the 
interest  of  the  people  against  the  corporations.  Its  objects 
were  to  prevent  strong  railroad  lines  from  oppressing  weak 
ones,  and  large  dealers  from  oppressing  small  ones — ^by 
inequitable  discriminations  in  freight  rates,  and  to  prevent 
traffic  from  being  pooled  by  the  railroads  to  the  injury  of  the 
public.  Any  other  effects  of  the  law  were  unforeseen,  not 
appearing  in  its  language,  nor  avowed  in  the  discussions 
prior  to  its  passage.  And  though  its  legal  implications  are 
strictly  as  much  a  part  of  a  statute  as  what  is  expressed,  yet 
it  is  to  be  regretted  that  so  important  a  result  should  have 
been  only  implied,  with  no  opportunity  for  discussion  or  real 


Peaceabi^e  Boycotting.  31 

acceptance.  It  is  an  illustration  of  the  uncertain  results 
which  may  follow  the  passage  of  a  law. 

This  decision  is  important  because  it  is  another  method  of 
suppressing  the  peaceable  boycott,  to  which  our  courts  have 
already  shown  themselves  distinctly  hostile.  To  be  sure  it  is 
not  certain  that  the  court  in  this  case  might  not  have  reached 
the  same  conclusion  if  the  Interstate  Commerce  Act  had  not 
existed.  The  allegations  in  the  bill  must  have  been  different, 
but  the  decided  cases  would  have  apparently  justified  the 
court  in  reaching  much  the  same  conclusion.  State  vs.  Don- 
aldson* decided  that  for  employes  to  combine  and  notify 
their  employer  that  unless  he  discharged  certain  fellow- 
workmen  they  would  quit  his  employment,  was  an  indict- 
able conspiracy.  And  Walsby  vs.  Ansley,  an  English  case 
decided  six  years  earlier,!  is  to  the  same  effect — that  such 
conduct  is  a  criminal  conspiracy  at  common  law.  These  are 
cases  almost  identical  with  the  one  before  us.  In  them  the 
objectionable  employes  were  boycotted;  in  this  the  Toledo, 
Ann  Arbor  and  North  Michigan  Railway  Company  was  boy- 
cotted. Still,  the  court's  interpretation  of  the  Interstate  Com- 
merce Act  is  one  more  weapon  against  peaceable  boj-cotts, 
and  the  grounds  on  which  the  law  restrains  these  are  now  so 
various,  and  it  may  be  said  so  vague,  that  a  slight  historical 
examination  of  the  subject  and  an  attempted  analysis  of  it 
from  the  modern  standpoint  cannot  be  out  of  place.  Why  a 
strike  is  justifiable  and  a  boycott  not,  what  are  the  legitimate 
limits  of  competition  and  when  does  it  become  a  restraint  of 
trade  ?  are  questions  which  I  venture  to  think  have  not  been 
decided  by  the  court  on  any  consistent  principles,  or  at  least 
on  principles  that  will  bear  the  test  of  modem  views  on 
social  science. 

Views  on  social  science  have  been  an  element  in  decisions 
on  these  subjects,  and  they  are  an  element  in  tliis  decision. 
The  regulation  of  public  policy  to  a  certain  extent  is  a 

•32  New  Jersey  Law,  15a  (1867). 
fjoL,  J.  M.  C,  121(1861). 


32  Annals  of  the  American  Academy. 

recognized  part  of  the  jurisdiction  of  courts.  The  meaning 
of  so  general  an  expression,  for  instance,  as  restraint  of  trade 
has  always  been  left  for  the  court  to  determine  in  each  par- 
ticular instance,  and  as  might  be  expected,  at  different  times 
and  under  varying  circumstances,  different  opinions  have 
been  held  as  to  what  was  an  unlawful  restraint  of  trade. 
"Accordingly  it  was  held  by  Lord  Ellenborough  in  Rex  vs, 
Cleasby  (about  1812),  that  the  engrossing  of  all  the  oil  of  a 
whaling  season  was  no  offence  at  common  law  in  the  then 
state  of  society.  And  he  so  held  notwithstanding  Rex  vs. 
Waddington,  i  East,  143,  in  the  time  of  George  III.,  where 
the  defendant  was  convicted  and  punished  for  engrossing 
hops,  that  is,  buying  them  at  wholesale  with  the  intent  to 
again  sell  them  at  wholesale."  *  In  this  Ann  Arbor  case 
the  court  held  opinions  on  the  score  of  public  policy  not 
favorable  to  labor  unions.  It  emphasizes  the  injury  to  the 
public  and  to  the  railroads  "engaged  in  a  great  public 
undertaking ' '  if  the  action  of  the  engineers  be  successful, 
and  is  clearly  of  the  opinion  that  the  conduct  of  the  men  is 
unreasonable  as  well  as  unlawful.  '  *  The  employes  of  the 
defendant  companies  are  not  dissatisfied  with  the  terms  of  their 
employment. ' '  And  again :  '  *  The  arbitrary  action  of  a  few 
hundred  men,  who,  without  any  grievance  of  their  own,  quit 
their  employment  to  aid  men,  it  may  be  on  some  road  of 
minor  importance,  who  have  a  difference  with  their  em- 
ployers which  they  fail  to  settle  by  ordinary  methods."  f 
Clearly  the  court  thought  the  course  of  the  men  an  unjusti- 
fiable extension  of  the  power  of  labor  organizations  and 
non -consistent  with  public  policy.  Perhaps,  had  it  held  dif- 
ferent views  on  the  relations  of  labor  and  capital,  it  might 
not  have  found  its  interpretation  of  the  interstate  commerce 
act  so  unavoidable,  and  have  reached  a  different  conclusion. 
It  should  be  stated  at  the  outset  that  this  discussion  has 
no  ethical  bearing.     I  recognize  it  to  be  perfectly  possible 

•  Erie  •*  Law  Relating  to  Trade-Unions,"  pp.  9  and  xi. 
\Fed,  Rep.,  May  9, 1893,  pp.  738  and  753. 


Peaceable  Boycotting.  33 

that  a  line  of  conduct  may  have  everything  to  condemn  it 
ethically  which  must  still  be  admitted  to  be  legal.  In  the 
struggle  of  life  the  law  should  beware  how  it  disarms  one 
party  and  leaves  the  other  armed  and  aggressive.  To 
demand  that  the  conduct  of  one  section  of  the  community 
shall  be  governed  by  a  higher  ethical  standard  than  that  of 
others  is  to  commit  injustice.  So  that  to  say  that  the  peace- 
able boycott  is  often  oppressive  is  to  say  nothing  to  the  pur- 
pose, very  many  of  our  industrial  operations  being  of  the 
same  character. 

A  person  approaching  the  consideration  of  the  relations 
of  labor  and  capital,  or  any  important  social  question,  is  not 
assisted  by  blinding  himself  in  the  slightest  degree  to  the 
actual  condition  of  the  industrial  world.  While  it  is  pleasant 
to  note  the  instances  which  often  occur,  of  good  will  and 
unselfishness  in  business  affairs,  it  is  perfectly  clear  that  this 
is  not  the  normal  state  of  things.  Among  the  multitudes 
who  work  for  a  subsistence,  the  pressure  of  competing  num- 
bers tends  always  to  crowd  out  those  who  cannot  reach  a 
high  standard  of  efficiency  in  each  particular  occupation. 
This  high  standard  of  efiiciency  is  not,  however,  the  same 
thing  as  a  high  standard  of  morality.  There  is  nothing  in 
business  success  of  any  kind  which  makes  necessary  the 
practice  of  unselfishness  or  benevolence  or  any  altruistic 
quality.  Competition,  which  probably  effects  a  greater 
aggregate  of  good  than  of  evil,  seems  to  have  this  draw- 
back, that  it  prescribes  self-seeking  as  necessary  to  life. 
The  industrial  world  is  in  a  state  of  unsympathetic  antago- 
nism,* where  a  man's  interests  are  opposed  to  those  of  others 
in  the  same  occupation,  because  what  they  gain  he  frequently 
loses.  We  should  look  for  no  ideal  motives  in  the  laboring 
class  when  we  see  them  nowhere  else. 

Of  similar  futility  are  arguments  against  peaceable  boy- 
cotts because  they  are  an  injury  to  the  public.  There  can  be 
no  higher  public  policy  than  justice.     If  these  movements 

*Note  the  popular  saying,  "There  is  no friendihip  in  buuness." 


\±  Annals  of  the  American  Academy. 

stand  condemned  on  that  ground  it  is  sufficient.     But  that  a 
strike  causes  all  concerned,  employers,  employed  and  public, 
great  loss,  and  that  this  result  might  have  been  prevented, 
but  for  selfishness,  ignorance  or  an  arrogant  pride  of  power 
in  one  party  or  in  the  other— is  not  necessarily  material. 
Right  conclusions  cannot  be  formed  in  this  purely  empirical 
way.     It  is  not  much  to  the  point  to  object  that  the  recent 
Lehigh  Valley  strike  cost  the  railroad  six  millions  of  dollars, 
the  employes  one-half  a  million,  and  left  both  sides  about  as 
they  were.     The  real  question  is,  what  is  justice?  what  is 
the  measure  of  liberty  which  society  should  grant  to  its 
component  individuals  in  the  interest  of  its  own  stability  ? 
To  infringe  this  is  injustice.      A  community  should  place 
the  development  of  individuals  above  the  development  of 
wealth.     The  rights  of  property,  important  though  they  be, 
should  not  be  suffered  to  overshadow  the  rights  of  individual 
liberty.     For  in  these  latter  the  well-being  of  the  community 
is  deeply  concerned.     It  is  to  be  feared  that  with  the  increase 
of  wealth  among  us  this  encroachment  is  taking  place,  and 
that  the  individual  is  now  bom  with  such  a  mass  of  implied 
responsibilities  arising  from  the  vested  property  rights  of 
others  as  to  be  a  hindrance  to  his  advancement.     In  a  great 
degree  this  is  perhaps  inevitable,  but  it  is  one  of  our  dangers. 
And  surely  courts  should  not  increase  these  responsibilities 
without  a  full  sense  of  the  gravity  of  the  situation.     Yet  in 
this  very  case  the  court  places  upon   the  men,  as  being 
employed  in  a  semi-public  service,  serious  responsibilities 
which  they  are  held  to  have  undertaken   by  implication, 
but   for  which  they   receive  no  return.*     They   are  em- 
ployed on  ordinary  competitive  principles,  have  no  perma- 
nent tenure  of  their  positions  and  no  share  in  the  profits. 
This  is   allowing  property  rights  to  encroach  on  personal 
rights.     If  history  has  a  lesson,   it  is  that  in  great  com- 
munities the  seed  of  destruction  has  not  been  any  deficiency 
of  national  wealth,  but  the   impossibility  of  keeping  up, 

•  P.  752. 


i 


Peaceable  Boycotting.  35 

along  with  the  increased  national  wealth,  a  high  national 
character.  Assyria,  Israel,  Lydia,  Persia,  Carthage,  Rome, 
show  this.  In  each  one  of  these  great  empires  a  period  of 
wonderful  material  prosperity  immediately  preceded  a  period 
of  decay.  And  more  important  to  our  country  than  millions 
it  is  that  no  man's  liberty  should  be  unjustly  abridged  by 
our  courts. 

These  arguments  of  injury  to  the  public,  used  to  condemn 
a  course  of  action  which  is  new,  are  not  unnatural,  though 
usually  highly  illusory.  They  were  used  a  hundred  years 
ago  against  strikes  and  all  concerted  efforts  of  laborers  to  bet- 
ter their  condition,  and  hundreds  of  years  before  that  to  sup- 
port a  state  bordering  on  serfdom.  A  radical  change  in  the 
social  system  is  always  injurious  to  many  individuals. 
Probably  Hume's  profound  remark — "There  is  no  abuse  so 
great  in  civil  society  as  not  to  be  attended  with  a  variety  of 
beneficent  consequences" — maybe  inverted,  and  still  read 
truly:  there  is  no  institution  so  beneficial  in  civil  societ}'  as 
not  to  be  attended  with  a  variety  of  evil  consequences.  In 
the  feudal  days  of  English  labor  there  was  no  laboring  class, 
as  we  understand  the  expression,  for  there  was  no  manufac- 
turing on  a  large  scale.  This  dates  from  the  middle  of  the 
last  centur>'.  Prior  to  that,  manufactures  were  imported, 
and  laborer  meant  agricultural  laborer.  These  were  bound 
to  the  soil  or  to  the  household  retinue  as  the  property  of  the 
feudal  superior.  The  early  labor  legislation  was  of  the 
harshest  character.  In  1 349  was  passed  the  Statute  of  La- 
borers, 22d  Edw.  Ill,  with  the  view,  it  is  suggested,*  of  pro- 
viding the  lords  with  a  substitute  for  the  system  of  villeinage 
then  breaking  down.  The  preamble  of  the  statute  recites 
that  it  was  enacted  to  check  the  rise  of  wages  incident  on 
the  black  death.  Workmen  are  to  serve  whoever  first 
requires  them,  at  a  fixed  rate  of  wages,  on  pain  of  imprison- 
ment. They  must  remain  in  their  existing  places  of  resi- 
<lence  and  swear  to  obey  the  provisions  of  the  act.     This 

*  Stephen,  "  History  of  Criminal  Law  of  £Dgland,"  ▼.  iii.,  p.  304. 


Annau>^  of  thk  Amkricax  Academy. 

«^  t.i'.lrvl  c.  ..irsc  and  brutal  in  an  American  decision,* 
.  v:-.'.iiric^  iis  imliRiicc  ruled  in  Ivnglish  legislation. 
■A  i  a::.l  liiirJ  if  luhvard  VL,  c.  15  (1548),  forbids 
'.-;:!. '.v.  A-^  aiul  oxciiants  ol  \\H)rkinen  not  to  make  or 
v.,  :k  i'Ut  .It  a  CLrt;iin  rate  or  price."  The  third 
,  :i  >  purii-li.il'U-  l>y  tiic  i)illory,  the  loss  of  an  ear, 
, .;  \  .':::■  w  ;i-  a  I'dson  infamous.  In  the  seventeenth  and 
::;:  r;  :;t\ii  ics  uuiiKrous  statutes  were  passed  establish- 
V,  ,  f  w.i^t-.  a!i(l  hours  of  la])()r  in  the  different  occu- 

];..;:;  lioui.s  and  rates  were  to  be  altered  only  in  the 
n  ..f  a  Court  -if  (Juarter  vSessions.  These  statutes,  the 
■.  -  :!i  a  N\'A-  York  case,  Master  Stevedores'  Associa- 
W.iMi,  J  Daly,  1  (  iS^;),  were  "  laws  made  in  the  in- 
\:npiM\cis,  ill  the  creation  of  wdiich  those  who  were 
\>  •..-l  !>>•  th.tiu  had  no  share."  In  1799  (39  and  40 
III.  I  were  ])assc(l  the  Combination  Laws,  designed 
:<--.  all  tnmbi nations  of  workmen  for  the  purpose  of 
',•,...;'•<.  C<  'Utracts  for  obtaining  an  advance  of  wages, 
:te:a:'<>;  h<-nrs  or  ilccreasing  the  quantity  of  work — 
'.::ti.i'  Is  between  a  sini^le  journeyman  and  his  mas- 
■•'  I  ill'-  ]*ers()n  entering  them  to  imprisonment  at 
"  :  f-iT  three  months.  This  was  the  high-watermark 
r-'-  lab.  >i  le:^Mslation.  In  1825  was  enacted  6  George 
:  j'y,  '.vhieh  was,  considering  all  things,  of  a  ver}^  liberal 
r.  It  le-ali/eil  certain  lalxjr  combinations  and 
.:'.:']  ib-^t  attempted  to  establish  the  di.stinction  betw^een 
:':i  aii'l  intimidation  as  means  of  influencing  work- 
'    ]■  :•.':    their    employment.      Now    began    a    notable 

:::  th--  hhi-Iish  court.  The  new  statute  and  the 
:.:-:•.'•.  -.".ere  ii;;arded  by  tile  judges  as  against /?^^//V 
•  ■■■''  tia  ;.•  adopt.-d  an  intc-rpretation  of  the  statute 
■•'••:••  ■.'■:••  lai  tuward  annulling  it.  They  decided 
'  ••'■•■'.'. r.:\A{\'  .\\  among  workmen  to  raise  wages  was 
i!  ::t  <;;.■;;.','/  A/.v.  and  that  the  Statute  had  not 
d    •/;.••  '  onnnon    law,  exce]>t  as  t(j   the  exact    conduct 

:.  II.;:  ^c«:-:  e.    : ;.  .M';:a'.a:'Jt,  'xj  How.  I'rac.  Kcp.,  p.  j4S  (jS8o). 


Peaceable  Boycotting.  37 

specified  in  the  statute.  While  allowing  certain  strikes, 
therefore,  the  result  of  their  view  of  the  law  was,  as  observed 
by  Stephen,  "to  render  illegal  all  the  steps  usually  taken  by 
workmen  to  make  a  strike  effect ive."  By  reason  of  the  great 
length  of  time  during  which  statutes  prohibiting  such  com- 
binations had  been  in  force,  precedents  of  indictments  at 
common  law  for  these  conspiracies  were  few  and  of  doubtful 
authority,  and  the  better  opinion  now  seems  to  be  that  the 
court  erred  in  its  interpretation.* 

The  view  of  the  English  courts  of  the  time  is  tmofficially 
summed  up  by  Sir  William  Erie  in  his  * '  Law  Relating  to 
Trade-Unions."  This  work  was  practically  a  part  of  the 
report  submitted  by  the  royal  commission  appointed  to  ex- 
amine the  law  relating  to  trade- unions,  of  which  commission 
Sir  William  Erie  was  a  member.  He  had  previously  been  an 
eminent  judge  of  the  Court  of  Common  Pleas.  Sir  William 
Erie  says:  "Every  act  causing  an  obstruction  to  another  in 
the  exercise  of  the  right  comprised  within  this  description — 
done,  not  in  the  exercise  of  the  actor's  own  right,  but  for  the 
purpose  of  obstruction,  would,  if  damage  should  be  caused 
thereby  to  the  party  obstructed,  be  a  violation  of  this  prohibi- 
tion." The  question  of  course  comes  on  the  meaning  of  the 
terms.  What  does  *  *  obstruction ' '  mean  to  Sir  William  Erie  ? 
He  defines  it  an  "  unlawful  coercion. ' '  But  when  he  comes 
to  define  unlawful  coercion  it  is  impossible  to  distinguish  this 
from  whatever  is  injurious  to  the  employer,  and  is  expected 
to  be  injurious.  He  says  on  page  74,  * '  Although  a  combina- 
tion merely  for  the  purpose  of  raising  wages  is  permitted  by 
the  statute, t  and  a  simultaneous  stop  from  work  of  several 
men  really  intended  for  that  purpose  is  permitted,  yet  a 
simultaneous  stop  for  the  immediate  purpose  of  inflicting  a 
loss  upon  an  employer,  and  so  of  coercing  his  will  with  an 
ultimate  view  of  raising  wages,  does  not  seem  to  me  to  be 

•  Wrijfht  on  Cr.  Cons.  56;  MMter  Steredores'  Asm.  vs.  Walsh,  a  Daly,  1  (1867):  and 
Curran  vs.  Treleaven.  Coz's  Cr.  Cases,  ▼.  17,  356  (1891). 
t  6  Geo.  IV.,  c.  139. 


38  Annaxs  of  the  American  Academy. 

permitted. ' '  On  which  Sir  James  F.  Stephen  thus  comments, 
in  the  words  placed  at  the  head  of  this  paper:  "  It  is  diffi- 
cult to  see  how,  in  a  case  of  a  conflict  of  interest,  it  is  possible 
to  separate  the  objects  of  benefiting  yourself  and  injuring 
your  antagonist.  Every  strike  is  in  the  nature  of  an  act  of 
war.  Gain  on  one  side  implies  loss  on  the  other,  and  to  say 
it  is  lawful  to  combine  to  protect  your  own  interest  but  unlaw- 
ful to  combine  to  injure  your  antagonist,  is  taking  away  with 
one  hand  a  right  given  by  the  other."  In  1875  was  enacted 
the  Conspiracy  and  Protection  of  Property  Act,*  a  statute  of 
the  utmost  importance.     Of  this  I  shall  speak  further. 

The  courts  were  greatly  assisted  in  the  repressive  tenden- 
cies which  they  manifested  toward  labor  organization  by  the 
very  peculiar  nature  of  the  crime  of  conspiracy.  The  bound- 
aries of  this  crime  are  altogether  indefinite,  not  to  say  un- 
known. Not  only  is  it  a  criminal  conspiracy  to  combine  to 
commit  a  crime,  and  to  combine  to  commit  an  act  which,  if 
done  by  one,  would  subject  him  simply  to  an  action  for 
damages — but  it  may  be  conspiracy  to  combine  to  commit 
an  act  which  would  be  entirely  innocent  if  done  by  a  single 
person.  This  is  where  considerations  of  "public  policy" 
are  applied,  f  What  the  conduct  is,  which  men  may  inno- 
cently do  alone,  but  becomes  criminal  if  done  together,  rests 
in  the  discretion  of  the  courts.  It  is  defined  in  no  statutes 
and  no  decisions.  It  is  notorious  that  many  members  of  the 
legal  profession  believe  that  the  scope  of  this  crime  should  be 
restricted;  for  its  uncertainty  and  the  power  which  it  gives 
the  court  of  saying  what  public  policy  shall  be,  are  deemed 
equally  objectionable.  ' '  There  is  perhaps  no  crime,  an  exact 
definition  of  which  it  is  more  difficult  to  give  than  conspir- 
acy." t  "No  branch  of  the  law  has  gone  through  so  many 
transformations  as  the  law  relating  to  conspiracy.  "§     Mr. 

•  38  and  39  Vict. 

t  "  AreaMti  which  put*  an  end  to  all  argument."    Morawitz  on  Priv.  Corps., 
ad  ed.,  section  739. 
t  SUte  vs.  Donaldson,  32  N.  J.  Law,  152  (1867). 
1 8Utc  vs.  GUdden,  55  Conn.,  60.,  (1887). 


Peaceable  Boycotting.  39 

Wright  in  his  learned  monograph  on  the  subject  has  ascer- 
tained that  the  law  had  its  origin  in  the  Star  Chamber,*  "  a 
court  which  legislated  as  well  as  judged,  and  which,  as  Lord 
Clarendon  says  in  his  *  History  of  the  Great  Rebellion,* 
held  for  honorable  that  which  pleased  and  for  just  that  which 
profited. ' '  t  From  this  beginning  it  gradually  extended  until 
in  1717,  Hawkins,  in  his  **  Pleas  of  the  Crown,"  lays  down 
the  general  doctrine  *  *  that  there  can  be  no  doubt  that  all 
conspiracies  whatsoever,  wrongfully  to  prejudice  a  third  per- 
son, are  highly  criminal  at  common  law."  On  this  Mr. 
Wright  comments,  *  *  A  proposition  to  which  unless  by  'wrong- 
fully '  he  meant  by  criminal  means,  the  authorities  cited  by 
him  with  the  exception  of  the  argument  of  counsel  as  reported 
by  Keble,  furnish  little  or  no  support."  Mr.  Wright  main- 
tains that  the  view  held  by  the  English  court  after  the  passage 
of  6  George  IV.,  in  1825,  that  combinations  for  controlling 
masters  were  criminal  at  common  law — was  erroneous,  and 
the  establishment  of  such  a  rule  ' '  would  seem  to  be  a  mod- 
em instance  of  the  growth  of  a  crime  at  common  law  by 
reflection  from  statutes,  and  of  its  survival  after  the  repeal 
of  those  statutes,  somewhat  in  the  same  manner  in  which 
combinations  for  certain  kinds  of  fraud  continued  to  be  crim- 
inal after  those  frauds  had  ceased  to  be  punishable  apart  from 
combination"  (p.  56.) 

In  recent  times  the  laboring  classes  have  attempted  to 
better  their  condition  and  command  the  labor  field  by  more 
extensive  combinations.  The  boycott  is  a  modem  invention. 
The  events  from  which  this  word  originated  are  thus  narrated 
in  Justin  McCarthy's  "  England  under  Gladstone."  '*  Cap- 
tain Boycott  was  an  Englishman,  an  agent  of  Lord  Eame, 
in  the  wild  and  beautiful  district  of  Connemara.  In  his 
capacity  as  agent  he  had  served  notices  upon  Lord  Eame's 
tenants.  .  .  .  The  population  of  the  region  for  miles 
around  resolved  not  to  have  anything  to  do  with  him,  and 

*  See  Poulterers'  Case,  9  Co.  Rep.,  55  B. 

t  Argument  of  counsel  in  State  vs.  Gliddea. 


40  Annals  op  the  American  Academy. 

as  far  as  they  could  prevent  it,  not  to  allow  any  one  else  to 
have  any  tiling  to  do  with  him.  His  life  appeared  to  be 
in  danger — he  had  to  claim  police  protection.  ...  To 
prevent  civil  war  the  authorities  had  to  send  a  force  of 
soldiers,  and  Captain  Boycott's  harvests  were  brought  in 
guarded  always  by  the  little  army. ' '  *  This  lawless  and 
unjustifiable  proceeding  was  the  origin  of  the  word,  and 
its  unfortunate  origin  has  undoubtedly  contributed  to  the 
prejudice  which  the  court  feels  toward  acts  called  by  this 
name.  For  the  meaning  of  the  word,  by  a  natural  process 
of  development,  has  been  extended  until  it  now  includes 
peaceful  labor  movements.  The  definition  in  Webster's 
Dictionary,  edition  of  1890,  carries  no  necessary  implication 
of  violence.  "  To  combine  against  a  landlord,  tradesman, 
employer  or  other  person  to  withhold  social  or  business  rela- 
tions from  him  and  to  deter  others  from  holding  such  rela- 
tion." The  idea  of  our  courts,  however,  has  uniformly  been 
that  the  word  implied  lawless  violence,  or  what  directly 
led  to  it.f  At  all  events,  in  most  of  the  cases  decided 
against  boycotting  in  this  country  by  way  of  injunction  to 
restrain  it,  or  by  indictment  to  punish  it,  there  has  been 
present  a  distinct  element  of  violence.  This  is  true  in  Peo- 
ple vs.  Wilzig,  4  N,  Y.  Cr.  Rep.,  403  (1886);  in  People  vs. 
Holdorf,  in  People  vs.  Kostka  (same  volume)  and  numerous 
other  cases.  Undoubtedly  the  decisions  have  gone  farther. 
They  pronounce  a  boycott  an  unwarrantable  attempt  to  inter- 
fere with  an  employer's  business,  and  as  he  must  frequently 
submit  to  it  or  be  ruined,  as  practically  coercion.  The 
avowed  purpose  being  to  ruin  a  man's  business,  it  makes  no 
difference  whether  force  be  used  or  not.t 

Let  us  recall  the  language  of  Sir  James  F.  Stephen,  which 
I  have  already  quoted.  "It  is  difficult  to  see  how,  in  case 
of  a  conflict  of  interest,  it  is  possible  to  separate  the  objects 

•  The  Italics  are  mine. 

t  See  language  of  court  in  State  vs.  GHdden,  55  Conn.,  50,  (1887.) 

J  Old  Dom.  8.  8.  Co.  vs.  McKenna,  30  Fed.  Rep.,  49,  and  other  cases. 


Peaceable  Boycotting.  41 

of  benefiting  yourself  and  injuring  your  antagonist."  The 
passage  of  the  Conspiracy  and  Protection  of  Property  Act 
(38  and  39  of  Vict.,  1875)  was  an  appreciation  in  England 
of  this  manner  of  reasoning.  Its  important  section  is  this: 
'•  An  agreement  or  combination  by  two  or  more  persons  to 
^o,  or  procure  to  be  done,  any  act  in  contemplation  or 
furtherance  of  a  trade  dispute  between  employers  and  work- 
men, shall  not  be  indictable  as  a  conspiracy,  if  such  act 
committed  by  one  person  would  not  be  punishable  as  a 
crime."  This  puts  an  end  to  conspiracies  to  accomplish 
something  relative  to  trade  disputes  which  one  person  might 
without  criminality  do  alone.  Intimidation  is  forbidden 
under  a  severe  penalty,  and  what  is  intimidation  is  very  fully 
defined.  It  includes  violence  to  the  other,  his  wife,  children, 
or  injury  to  his  property;  persistently  following  such  person 
about;  hiding  his  tools  or  clothes;  and  watching  and  besetting 
the  house  where  he  is.  The  advanced  character  of  the 
English  law  on  this  subject  as  compared  with  our  own  is 
shown  by  two  very  recent  cases,  Gibson  vs.  Lawson  and 
Curran  vs.  Treleaven.*  In  the  first  the  employes  at  an  iron 
works  notified  their  employer  that  if  a  certain  fellow-work- 
man did  not  join  their  union  they  should  quit.  The  fellow- 
workman  was  notified  by  the  superintendent  of  the  employer, 
but  declined  to  join  the  men's  union  and  he  was  dismissed  to 
avoid  a  strike.  The  men  were  indicted,  but  the  court  held 
that  their  conduct  was  allowable  under  the  recent  act.  The 
second  case  is  still  stronger.  Here  an  employer  was  notified 
by  members  of  a  trade-union  that  if  he  continued  to  employ 
non-union  men  the  unions  would  do  their  best  to  injure  his 
business,  and  on  his  declining  to  bind  himself,  the  defendant, 
a  person  in  authority  in  the  trade-union,  called  to  the 
employer's  men  to  quit  work,  which  they  did.  This  con- 
duct also  was  decided  to  be  no  longer  criminal.  There  was 
no  malice  in  fact  toward  the  employer,  the  purpose  of  the 
men  being  to  obtain  higher  wages. 

•  Cox,  Cr.  Cases,  17.  p.  3S6  (1891). 


42  Annals  of  the  American  Academy. 

This  is  substantially  the  position  for  which  I  contend — the 
position  of  the  English  law.  Peaceable  efforts, — employed 
not  for  malice  but  for  the  interest  of  those  using  them,  for 
the  bettering  of  their  condition, — to  induce  others  to  with- 
draw their  labor  from  an  employer  whose  conduct  is  deemed 
hostile  to  the  general  cause,  should  not  be  restrained  or 
punished  by  the  courts.  No  matter  if  the  purpose  be  to 
dictate  to  the  employer,  to  control  his  business,  to  direct 
him,  if  possible,  as  to  whom  he  will  employ  and  what  he  will 
pay,  and  to  prevent  others  from  taking  the  vacant  places, — to 
ruin  him,  if  you  will.  All  these  acts  done  under  the  above- 
mentioned  restrictions  are  precisely  in  the  spirit  of  the  familiar 
industrial  processes  about  us. 

Consider  the  nature  of  the  act  when  a  powerful  commer- 
cial establishment  puts  down  prices  in  order  to  undersell 
weaker  competitors,  or  enters  into  an  arrangement  with 
other  houses  by  which  this  is  done.  This  is  lawful  compe- 
tition, yet  it  is  done  in  a  deadly  spirit  of  destruction,  with 
an  intent  to  ruin  which  has  no  counterpart  in  labor  move- 
ments. The  small  dealer  is  without  refuge.  The  lesser 
amount  of  his  capital  puts  him  at  a  disadvantage  from  which 
he  cannot  escape,  and  as  this  underselling  is  necessarily 
done  by  a  successful  house,  it  means  an  effort  to  make 
greater,  profits  already  great.  Whereas  workmen  may  well 
be  excused  for  a  certain  hardness  toward  others,  having 
rarely  more  than  a  narrow  margin  between  them  and  penury. 
In  truth  every  kind  of  competition,  so  far  as  it  is  beneficial 
to  one,  is  to  nearly  the  same  degree  injurious  to  others. 
Every  merchant  who  makes  an  attractive  display  of  his 
goods,  who  advertises  widely  and  ingeniously,  who  searches 
for  popular  novelties,  does  all  these  things  in  order  to  draw 
custom  to  himself.  And  this  increased  custom  he  perfectly 
well  understands  is  taken  from  other  merchants,  and  he  may 
therefore  be  said  in  a  sense  to  follow  a  line  of  conduct  for 
the  purpose  of  injuring  others.  It  is  very  diflScult  to  dis- 
tinguish at  this  point.     Competition  is  a  state  of  war.     The 


Peaceabi^  Boycotting.  45 

test  of  injury  to  one's  opponent  is  clearly  no  test.  If  force 
be  barred  and  actual  malice,  when  this  is  the  principal 
motive  of  the  conduct  in  question,  all  will  have  been  done 
that  is  practicable. 

Here  is  the  language  of  the  English  court  in  the  very 
recent  case,  Curran  vs.  Treleaven,  cited  above,  which  may 
be  said  to  express  the  latest  position  of  the  English  law  on 
this  question: 

"  The  recorder  held  that  though  an  agreement  to  strike 
to  benefit  themselves  would  be  now  a  lawful  agreement,  a 
strike  which  would  have  the  effect  of  injiuing  the  employer 
is  illegal  and  indictable  at  common  law.  He  cites  in  sup- 
port of  this  view  some  phrases  from  the  judgments  of  the 
Lords  Justices  in  the  case  of  Mogul  S.  S.  Co.  vs.  McGregor 
e^a/s.  But  with  deference  he  has  somewhat  misapprehended 
the  point  of  those  observations.  It  is  true  that  where  the 
object  is  injury,  if  the  injury  is  effected  an  action  will  lie 
for  the  malicious  conspiracy  which  effected  it;  and  there- 
fore it  may  be  that  such  a  conspiracy,  if  it  could  be  proved 
in  fact,  would  be  indictable.  But  it  was  pointed  out  in 
some  detail  by  the  court  of  first  instance,  that  when  the 
object  is  to  benefit  one's  self,  it  can  seldom,  perhaps  it  can 
never,  be  effected  without  some  consequent  loss  or  injury  ta 
someone  else.  In  trade,  in  commerce,  even  in  a  profession, 
what  is  one  man's  gain  is  another's  loss;  and  where  the 
object  is  not  malicious  the  mere  fact  that  the  effect  is  injur- 
ious does  not  make  the  agreement  either  illegal  or  actionable 
and  therefore  not  indictable." 

The  common  law  doctrine  of  freedom  of  trade,  of  un- 
limited competition,  needs  revision.  It  has  inherited  from 
feudal  times  an  hostility  to  united  labor,  and  is  not  consist- 
ent with  itself.  Sir  William  Erie  expounds  this  doctrine  in 
language  that  might  have  been  written  by  Herbert  Spencer, 
and  the  idea  of  which  seems  actually  identical  with  Mr. 
Spencer's  famous  definition  of  justice.  "  Every  man  has  a 
right  under  the  law  as  between  him  and  his  fellow-subjects, 


44  Annals  of  the  American  Academy. 

to  full  freedom  in  disposing  of  his  own  labor  and  his  own 
capital  according  to  his  own  will.  It  follows  that  every 
other  person  is  subject  to  the  correlative  duty  arising  there- 
from, and  is  prohibited  from  obstruction  to  the  fullest  exer- 
cise of  this  right  which  can  be  made  compatible  with  the 
exercise  of  similar  rights  by  others."  *  But  the  practice  is 
otherwise.  As  a  matter  of  fact,  says  Stephen,  "It  is  no 
less  true  that  freedom  of  trade  in  the  wide  sense,  namely 
its  freedom  from  all  legislative  interference,  the  doctrine 
that  each  individual  man  and  every  body  of  men  however 
constituted,  is  the  best  judge  of  his  or  their  own  interests 
and  ought  to  be  allowed  to  pursue  those  interests  by  any 
method  short  of  violence  or  fraud,  is  quite  a  modem  doc- 
trine. It  was  for  many  centuries  opposed  to  the  whole  cur- 
rent of  English  legislation. "f  '^^^  law  has  not  yet  adapted 
itself  to  the  new  position  of  the  laboring  class,  arising  from 
the  introduction  of  the  g-reai  industry,  a  thing  of  hardly  a 
century  in  England  and  of  less  than  half  a  century  in  our 
country.  The  competitive  idea  must  be  developed  if  it  is 
to  exist  at  all. 

The  process  by  which  ideas  on  these  subjects  have  arisen 
and  developed  is  interestingly  shown  by  Sir  Henry  Maine  in 
his  work  on  "Village  Communities."  His  researches  led 
Maine  to  the  conclusion  that  in  the  ancient  village  community 
which  was  the  original  political  unit  among  Aryan  peoples, 
price  was  regulated  by  custom,  and  that  to  seek  the  highest 
possible  price  for  one's  goods  would  have  been  regarded  as  im- 
moral conduct.  The  highest-possible-price  idea  now  current 
in  traffic  was  an  outcome  of  trading  at  the  markets  or  fairs 
with  the  inhabitants  of  other  communities,  who  were  re- 
garded as  more  or  less  in  the  light  of  enemies.  From  this 
source  the  idea  spread  over  the  world.  This  conclusion  shows, 
if  it  were  necessary  to  show,  the  folly  of  attaching  any  partic- 
ular sacredness  to  principles  of  conduct  because  they  are  old. 

•Ol^.rf/..  p.  la. 

iOp.  cit.,  ▼.  ill,  p.  »s. 


P£ACEABi«E  Boycotting.  45 

The  laboring  class  of  a  country  is  bound  together  by  a 
common  interest  of  vital  importance.  The  earnings  in  the 
employments  called  professions  are  not  the  same  for  diflferent 
members.  Greater  skill  or  diligence  brings  greater  rewards. 
But  the  work  of  the  laboring  classes  so  called  is  relatively 
unskilled.  In  the  occupations  in  which  they  are  engaged 
all  can  do  the  work  about  equally  well.  There  is  little  oppor- 
tunity for  superiority  and  all  are  about  equally  paid.  Of  a 
half  dozen  physicians  or  architects  or  electrical  engineers  in 
a  cit>'  no  two  will  be  receiving  the  same  compensation,  but 
able-bodied  car-conductors  or  stevedores  or  truckmen  are 
paid  the  same  wages.  Any  one  man's  greater  skill  will  not 
bring  him  an  increase.  The  wages  of  all  must  rise,  if  of 
any,  and  this  fact  makes  union  natural  and  necessary.  Our 
civilization  requires  for  its  continuance  the  performance  of  a 
vast  amount  of  unskilled  routine  labor  and  seems  to  make 
imperative  the  existence  of  a  laboring  class.  The  only  way 
that  these  classes  can  improve  their  condition  is  by  united 
action  among  their  members.  This  shows  the  supreme 
importance  of  labor  unions.  It  would  justify  them  and 
should  dispose  the  law  to  regard  them  favorably  if  their  suc- 
cess had  been  far  less  than  it  has.  '  *  The  fact  was  shown  in 
evidence  before  the  British  royal  commission  which  reported 
in  1 869  that  there  have  been  fewer  disputes  with  employers 
and  greater  permanence  of  wages  in  the  trades  with  the 
strongest  and  richest  and  most  extended  unions. ' '  *  Other 
causes  may  benefit  the  working  classes  by  diminishing  the 
prices  of  the  articles  which  they  consume,  but  the  only  way 
in  which  they  are  likely  to  obtain  more  of  those  articles,  the 
price  remaining  the  same,  is  by  some  means  which  regulates 
and  controls  the  supply  of  labor. 

This  necessary  unity  of  interest  among  the  members  of 
the  working  class  is  an  important  element  in  the  considera- 
tion of  labor  questions.  The  cause  of  each  is  the  cause  of 
all.     Their  purpose  is,  otlier  things  being  equal,  to  obtain 

*  Johnson  Harvester  Company  vs.  Meinhardt,  60  How.  Prac.  Rep.,  p.  179. 


4'^ 


Annau-^  Or  THK  American  Academy. 


iicsi  i>  '-^iMc  waives  tor  wliat  they  do.  The  purpose 
».:  \':\v::  e:n;'l<'\c:>  i>,  other  things  being  equal,  to  obtain  the 
w  -:k  :  >:  ::ic  Ici-l  .iinoiml  of  money.  The  employers,  on 
{::•■•.:  -:  K  .  i^v..  a  eoini^rehcnsive  view  of  the  whole  labor 
j.v :  [  \\":\:'.v  t.uh  cin|)lo>cr  is  freciuently  competing  to  the 
.■  i*.;i  .i^..::i-l  .'"Ju:-  ::i  the  same  line  of  business,  this  com- 
:••.:::•'::  -:"/-  :i"t  iKecs>aril\-  iiu'olve  any  conflict  between 
•  •.  ....  •,,  'Ju  \v.i.;cs  ]'aicl  their  emi)loyes.  It  is  not  infre- 
,.:;•,  :  ,:  i:'.i]'i"\crs  in  the  same  business  to  agree  on  rates 
.  :  V,  ,.;^->.  Sv.'  h  a  course  is  evidently  legal,  but  it  operates 
...  .  ,.::;!. ::i  ,•'.. '11  a;<.iiii.st  the  men.  And  such  a  combina- 
:  •:  ■•.•,•.:  .1  iv  \v  ]Hi--oiis  l>eing  in  it — can  usually  be  made 
•.•.:•:.  •::'.  -rr.it  ditVuriltN  .  A  dozen  employers  of  labor  meet  at 
:  ;  .  ;•.  :■■;  -..;:■.(•  nKtroi)olitan  liotel,  and  in  a  single  afternoon 
:-.  :'?.  .i!  1. 1:;. ;c!iKnt-- wliich  control  millions  of  dollars  and  affect 
{'.:■  -A  ..;.  -  .  :  t!i'  'iis.inds  of  umj^loyes.  On  the  other  hand  the 
::;  •;  1  i".  ■:  rjuK  r  inherent  disadwantages.  The}'  have  not 
•> •:.'.■.•.  .1-  -.hkI  a  mental  training  for  the  management  of 
a  ■,  ii!  .•'•  ,i:y.i::->.  Tlie\-  lia\-e  not  the  same  knowledge  of 
i:.'  -i.'.t'  ..:  tile  business,  of  the  profits  enjo}-ed  by  their 
(;:.;".  •  e:->  Thex  are  in  danger  of  being  misled  by  the 
■;.  1  ■.-::'.::.;  ' >v  the  sclfLsli;  and  tlie  coiuitless  differences  of 
■  :.  ;•  •;•.:'>:;  t':a;>e:  and  nationality  are  so  many  disinte- 
.  •  i'  •;.■  :  •:•  '  >.  1 1  inu^t  leciuire  a  fair  degree  of  prudence, 
^'  '■  '■  '-  t::i:  all-:  wi-^dom.  in  tlie  meml)ers  of  a  labor  organi- 
/  ••:  •  '  ■■■  l-:'-  It  ^lueessful,  and  the  fact  that  many  fall  to 
I'' '  •  :-  '  •,.•"',:  ,,1"  thi-..  It  i>  for  tlie  courts  to  say  whether 
^•'  '■'■■'■'■  ■  ••"•  '.;^--  Useful  organizations  ])y  a  liberal  course 
•••  ■■  •  '•  '^i    o:  (l:->eourage  them  by  its  oj^posite. 

Cin':sTi<:R  A.  Rekd. 

*'  '-  '•'•    ■       ''1' •  I'M"'  '•'•■^'  '"  I""^""^^  ^l^*-' i'ljinictioti  issued  by  Judge 

'  ■••  ■  '  ■:■■■■■'.  I:!/.  !•:  th-  i;.istirii  I  )istricl  of  Wisconsin,  iu  the 
'^'  •  '■■'■  I'-' •  ••..  r  .,:  'lu-  Nortlurn  Pacific  Railroad  Company, 
'  '■■■'"  '  ■  "■  •  ■"•  ••■'■'■:  .\!'!i'.',:-li  in  accordance  witli  the  views  above 
'■^■'■•'  '■  ''■■■  •.•.r::i' '■..:;  •,. -iiis  to  jir-  a]]  wnjii)^.  I  can  see  but  one 
.••r..;—  •.  ::;   .■.:.;   h  \\  :,  nv,  v.i]>j>.,rUd  by  decided  cases  of  authority,  and 


Peaceable  Boycotting.  47 

therefore  requires  comment.  The  prohibition  against  conspiring  to 
quit,  or  advising  others  to  quit,  the  employ  of  the  Receivers,  with  the 
intention  of  crippling  the  railroad  property,  can  be  sustained  by  much 
authority.  These  words  look  to  an  organized,  pre-arranged,  quitting, 
and  this  was  forbidden  in  the  Ann  Arbor  case.  But  the  following 
words  seem  to  refer  to  a  quitting  by  individuals  independently:  "  and 
from  so  quitting  the  service  of  the  said  receivers  without  notice,  as  to 
cripple  the  property,  or  to  prevent  or  hinder  the  operation  of  said  rail- 
road. If  this  means  that  the  men  cannot,  singly  and  spontaneously, 
leave  their  employment,  the  occasion  does  indeed  go  beyond  the  Ann 
Arbor  decision,  or  any  other,  and  seems  both  monstrous  in  principle 
juid  without  authority  from  the  decided  cases. — C.  A.  Reed. 


THE  SIGNIFICANCE  OF  A  DECREASING  BIRTH- 
RATE. 

The  discussion  of  the  relation  of  population  to  the  means 
of  subsistence,  which  first  took  a  scientific  form  in  the  famous 
•'Essay  on  Population,"  published  in  1798  by  the  Rev. 
Thomas  Robert  Malthus,  was  provoked  by  the  theories  of 
equality  and  human  perfectibility  set  forth  in  Godwin's 
"Political  Justice."  It  was  also,  undoubtedly,  a  protest 
against  the  prevalent  feeling  in  England  in  favor  of  a  further 
extension  of  the  poor  laws. 

Most  of  those  who  concern  themselves  with  economic  and 
social  questions  think  that  they  have  a  knowledge  of  Mal- 
thusianism  sufficient ' '  for  practical  purposes, ' '  as  John  Stuart 
Mill  said  that  they  have  of  wealth.  Mr.  Mill,  as  we  now 
know,  was  strangely  mistaken  about  wealth,  and  it  is  an 
error  to  suppose  that  many,  either  students  or  general 
readers,  have  taken  the  trouble  to  know  the  work  of  Malthus 
at  first  hand.  It  will  not  be  a  waste  of  space,  therefore,  to 
recall  briefly  his  exact  teaching. 

The  Malthusian  theory  of  population  affirms  that  popula- 
tion has  the  * '  constant  tendency  to  increase  beyond  the 
means  of  subsistence,"*  that  "  population,  when  unchecked, 
goes  on  doubling  itself  every  twenty-five  years,  or  increases 
in  a  geometrical  ratio, "f  and  that,  "considering  the  pres- 
ent state  of  the  earth,  the  means  of  subsistence,  imder  cir^ 
cumstances  the  most  favorable  to  human  industry,  could  not 
possibly  be  made  to  increase  faster  than  in  an  arithmetical 
ratio  ;"  therefore  "the  increase  of  the  human  species  can 
only  be  kept  down  to  the  level  of  the  means  of  subsistence 
by  the  constant  operation  of  the  strong  law  of  necessity,  act- 
ing as  a  check  upon  the  greater  power,  "|  that  is,  the  power 

•  Malthua,  "  BHay  on  Population,"  eighth  edition,  p.  2. 
t  Ibid.,  p.  4. 
J  Ibid.,  p.  6. 

(48) 


Significance  of  a  Decreasing  Birth-Rate.      49 

of  population.  The  possible  checks  upon  this  rapid  increase 
of  population  are  the  preventive  check,  peculiar  to  man  be- 
cause of  his  superior  reasoning  powers  and  his  will,  and  the 
positive  check  to  which  plants  and  animals  are  also  subject. 
The  preventive  check  most  strongly  approved  by  Malthus  is 
moral  restraint,  which  he  defines  as  "a  restraint  from  mar- 
riage from  prudential  motives,  with  a  conduct  strictly  moral 
during  the  period  of  this  restraint,"*  or  as  "the  restraint 
from  marriage  which  is  not  followed  by  irregular  gratifica- 
tions, "t  He  considers  it  *'  the  least  evil  that  can  arise  from 
the  principle  of  population."!  All  other  preventive  checks 
clearly  come  under  the  head  of  vice. 

The  positive  checks  he  divides  into  two  classes  :  Misery, 
which  includes  *  *  those  which  appear  to  arise  imavoidably 
from  the  laws  of  nature, "§  and  vice,  which  includes  "those 
which  we  obviously  bring  upon  ourselves,  such  as  wars, 
excesses,  and  many  others  which  it  would  be  in  our  power 
to  avoid."  "They  are  brought  upon  us  by  vice  and  their 
consequences  are  misery. "||  The  three  propositions  that 
Malthus  attempts  to  prove  are  : 

"  I .  Population  is  necessarily  limited  by  the  means  of  sub- 
sistence. 

"2.  Population  invariably  increases  where  the  means  of 
subsistence  increase,  unless  prevented  by  some  very  power- 
ful and  obvious  checks. 

"3.  These  checks,  and  the  checks  which  repress  the  super- 
ior power  of  population,  and  keep  its  effects  on  a  level  with 
the  means  of  subsistence,  are  all  resolvable  into  moral 
restraint,  vice  and  misery."^ 

This  essay  of  Malthus  called  forth  many  immediate  criti- 
cisms.     Godwin,    Coleridge,    Hazlitt,    Graham,  Weyland, 

*  Ibid.,  p.  S  (note), 
t  Jbid.,  p.  8. 
t /&!</,  p.  7. 
I  Ibid.,  pp.  8-9. 
I  Ibid.,  p.  9. 
1 1bid.,  p.  12. 


*^5o     Annai^  of  the  American  Academy. 

Owen,  and  others  wrote  against  his  ''pernicious'^  and 
"false  "  doctrine.  Godwin's  "  Enquiry  concerning  Popula- 
tion "  was  by  far  the  most  ambitious  and  the  strongest  attack 
upon  Malthus,  and  yet  it  made  comparatively  little  lasting 
impression.  Godwin  himself  admitted  that  even  at  that  time 
the  doctrine  of  Malthus  had  gained  a  firm  foothold  in  the 
thought  of  the  day.  In  the  fourth  chapter  of  his  ' '  Enquiry  ' ' 
he  said,  "  Notwithstanding  this  glaring  rottenness  and  fal- 
lacy in  the  first  concoction  of  his  work,  the  author  has 
carried  the  whole  world  before  him ;  no  other  system  of 
thinking  is  admitted  into  the  company  of  the  great ;  hun- 
dreds of  men  who  were  heretofore  earnest  champions  of  the 
happiness  of  mankind  have  become  his  converts."*  The 
scientific  merit  of  Godwin's  criticism  may  be  judged  by  the 
fact  that  his  objections  to  the  Malthusian  doctrine  have  no 
weight  in  the  modem  discussion  of  the  subject,  whereas  the 
classical  doctrine  of  Malthus  is  still  worthy  of  respectful  con- 
sideration. 

These  discussions  had  in  a  measure  passed  out  of  the  public 
mind,  when  the  question  assumed  a  new  form  in  the  writings 
of  Mr.  Herbert  Spencer.  In  an  essay  on  the  ' '  Theory 
of  Population  Deduced  from  the  General  Law  of  Animal 
Fertility,"  published  in  the  Westfninster Review  in  1852,  he 
first  stated  his  ideas  on  population,  which  were  afterward 
more  fully  developed  in  his  * '  Principles  of  Biology. ' '  Mr. 
Spencer  treats  the  Malthusian  theory  from  a  strictly  biologi- 
cal and  evolutionary  point  of  view.  He  agrees  with  Mal- 
thus that  population  constantly  tends  to  increase  beyond  the 
means  of  subsistence,  but  adds  that  this  very  fact  is  the 
cause  of  the  progress  of  the  human  race.  It  stimulates  man 
to  greater  efibrt,  "  causes  a  never-ceasing  requirement  for 
skill,  intelligence  and  self-control;  involves,  therefore,  a 
constant  exercise  of  these  and  gradual  growth  of  them."t 
"  Excess  of  fertility,  through  the  changes  it  is  ever  working 

•  Godwin,  ••  Enquiry  concerning  Population,"  1820.    B,  I.  ch.  IV,,  p.  27. 
t  Spencer.    "Principles  of  Biology,"  II.    Part  VI.  p.  499. 


Significance  op  a  Decreasing  Birth-Rate.      51 

in  man's  environment,  is  itself  the  cause  of  man's  further 
evolution;  and  the  obvious  corollary  here  to  be  drawn,  is, 
that  man's  further  evolution  so  brought  about,  itself  necessi- 
tates a  decline  in  his  fertility.*'*  The  latter  clause  is  Mr. 
Spencer's  peculiar  contribution  to  the  subject.  He  holds 
that  throughout  the  vegetable  and  the  animal  world,  and 
in  the  human  race  itself,  *  *  Individuation  and  Genesis  are 
necessarily  antagonistic, "t  by  Individuation  meaning  ''all 
processes  by  which  individual  life  is  completed  and  main- 
tained, '*  and  by  Genesis  ' '  all  processes  aiding  the  formation 
and  perfecting  of  new  individuals. ' '  He  therefore  concludes 
that  "the  further  progress  of  civilization  which  the  never- 
ceasing  pressure  of  population  must  produce,  will  be  accom- 
panied by  an  enhanced  cost  of  Individuation, "J  and  conse- 
quently by  a  diminishing  birth-rate.  This  statement  is  not 
a  refutation  of  the  Malthusian  doctrine,  as  some  would 
maintain,  first,  because  Mr.  Spencer  is  "  simply  pointing  out 
how  the  preventive  check  applies  itself, "§  and,  second,  be- 
cause as  Mr.  Spencer  himself  states  in  regard  to  the  lower 
animal  and  the  vegetable  world,  the  higher  type  is  better 
adapted  to  its  conditions,  has  a  chance  of  longer  survival,  and 
therefore  a  greater  chance  of  leaving  oflfspring.  * '  Though 
the  more  evolved  organism  is  the  less  fertile  absolutely,  it  is 
the  more  fertile  relatively.  "||  In  his  speculative  thought 
upon  the  future  of  the  human  race,  Mr.  Spencer  sees  that  the 
highest  product  of  evolution  will  be  "  a  form  in  which  the 
amount  of  life  shall  be  the  greatest  possible,  and  the  births 
and  deaths  the  fewest  possible, ' '%  in  other  words,  that  as  the 
birth-rate  diminishes,  the  death-rate  also  will  diminish, 
until  the  excess  of  fertility  disappears.  Man  is  continually 
progressing  toward  a  state  of  perfect  equilibrium  with  his 
*/bt'd.,  p.  501. 

t  /bid,,  p.  409. 
X  Ibid.,  p.  501. 

i  President  E.  B.  Andrews,  "Are  There  Too BCany  of  Us?"— A'orfA  American 
Review,  November,  1892,  p.  597. 
I  Spencer,  "  Principles  of  Biology."  II,  Part  VI,  p.  478. 
\  Ibid.,  p.  506. 


52  Annals  of  the  American  Academy. 

environment,  and  in  such  a  state  there  will  also  be  an  equi- 
librium of  births  and  deaths.  Such  will  be  the  final  **  state 
of  harmony  in  which  each  of  the  factors  is  just  equal  to  its 
work,"*  and  evolution  shall  have  ceased.  Not  until  this 
ultimate  point  is  reached  will  the  doctrine  of  Malthus  cease 
in  general  to  be  true. 

Mr.  Spencer's  contribution  closes  one  era  in  the  de- 
velopment of  the  theory  of  population.  Up  to  this  point 
the  discussion  w^as  entirely  theoretical,  or  was  based  upon 
general  observation  rather  than  upon  definite  statistical 
data. 

The  second,  or  present,  era  in  the  development  of  the  the- 
ory owes  its  marked  difference  in  character  to  the  economic 
and  industrial  changes  which  have  practically  greatly  modi- 
fied the  relations  between  subsistence  and  the  birth-rate.  It 
is  the  period  following  a  remarkable  development  of  the 
factory  system  and  the  adoption  of  free  trade  by  England. 
The  many  inventions,  the  applications  of  steam  and  electric- 
ity, the  increased  facilities  for  transportation  both  by  railway 
and  by  steamship,  have  entirely  changed  the  character  of 
the  economic  and  industrial  life.  Wealth  has  increased 
much  faster  than  population,  both  in  Europe  and  in 
America.  This  fact  has  been  determined  not  by  general 
observation,  but  by  exact,  or  relatively  exact,  statistical 
investigation.  The  investigations  of  M.  I^evasseur  show 
that  there  has  not  been  even  a  ' '  tendency ' '  of  population 
to  overtake  the  means  of  subsistence.  * '  By  a  natural  ten- 
dency, without  any  violent  repression  from  exterior  forces  or 
any  painful  restraint  upon  desires,  population  has  grown  less 
rapidly  than  wealth,  and  has  thus  increased  its  well-being. 
The  principal  cause  of  this  phenomenon,  which  in  his  day 
Malthus  could  scarcely  have  suspected,  is  the  enormous 
productive  power  that  has  been  givfen  to  industry  by  the 
discoveries  of  science."  f 

•  Ibid.,  p.  506. 

IB.  LeraMeur,  "£m  Ptpulation/ranfaise,"  111,  p.  109. 


\ 


Significance  op  a  Decreasing  Birth-Rate.      53 

Statistics  show  also  great  variations  in  the  rates  of  increase 
of  population  when  comparisons  have  been  made  bj'  coun- 
tries, by  nationalities,  or  by  city  and  rural  districts.  More 
specifically,  attention  has  been  called  to  the  fact  of  an  ac- 
tually declining  birth-rate  in  many  countries  of  high  civili- 
zation,* especially  in  France,  New  England,  and,  during  the 
last  ten  years,  in  the  United  States  as  a  whole. f  This  does 
not  necessarily  indicate  a  natural  decrease  in  population, 
since  the  death-rate  may  be  correspondingly  low  in  these 
regions.  Dr.  LongstafF,  however,  thinks  that  "under  the 
conditions  of  modem  life,  with  a  high  birth-rate  there  will 
be  associated  a  rapidly  increasing  population, "J  and  im- 
•doubtedly  the  converse  would  hold  true.  In  France  the 
statistics  for  the  last  few  years  show  that  the  population 
has  absolutely  decreased. 

These  facts  make  it  evident  that  the  question  of  popula- 
tion in  its  relation  to  economic  development  must  undergo  a 
thorough  reconsideration.  Already  several  important  and 
many  minor  studies  have  been  made  in  this  direction  by  Dr. 
George  Hansen  in  Germany;  M.  Levasseur,  M.  Leroy-Beau- 
lieu  and  M.  Dumont  in  France;  Dr.  George  Blundell 
Longstaff  and  Dr.  J.  Milner  Fothergill  in  England;  and  Dr. 
John  S.  Billings,  Dr.  Cyrus  M.  Edson,  and  President  E.  B. 
Andrews  in  the  United  States. 

M.  Levasseur  maintains  that  inequalities  of  production 
and  constunption  are  primarily  the  causes  of  changes  in  the 
rate  of  the  increase  of  population. 

"  The  increase  of  a  population  is  dependent  upon  the  sum 
of  its  means  of  subsistence  and  the  sum  of  its  wants,  and 
hence  between  the  terms  population,  production  and  con- 
sumption there  exists  an  intimate  relation.  But  it  is  not  un- 
changeable.   This  is  one  reason  why  in  every  population  there 

•  p.  l>roy-Bcaulieu,  "The  Influence  of  CiWliiation  upon  the  Movement  of  Popu- 
lation." EcoHomisU  Franfais,  September  20  and  27,  1890,  and  Journal  0/ the  Royal 
Statistical  Society  0/ London,  June,  1891. 

tDr.  J.  s.  Billings,  "  The  DiminUhing  Birth-rate  In  the  United  SUtea."— 7»* 
Forum,  June,  1893. 

X  I/>ng8tafr,  "Studies  in  SUtistics,"  p.  11. 


54  Annals  of  the  American  Academy. 

are  both  rich  and  poor,  why  peoples  and  individuals  may  en- 
rich or  impoverish  themselves,  and  in  consequence  why  the 
number  of  inhabitants  of  a  country  may  increase  rapidly  or 
slowly,  remain  stationary  or  diminish."  * 

M.  Levasseur  considers  the  conditions  in  France  most 
favorable  from  an  economic  point  of  view.  In  his  opinion 
it  is  very  desirable  that  each  generation  should  be  bom  into 
a  better  condition  than  that  of  the  preceding  generation,  and 
that  the  standard  of  life  should  be  raised;  this  result,  he 
says,  will  happen,  as  it  has  happened  in  France,  where  wealth 
increases  faster  than  population  and  is  widely  diffused. f 

From  a  political  point  of  view  he  considers  the  question 
very  serious,  since  the  decreasing  population  of  France 
makes  her  armies  inferior  in  numbers  to  those  of  other 
nations.!  On  the  whole,  however,  he  approves  of  the  pres- 
ent condition  of  population  in  France. 

M.  Dumont  holds  that  wealth  is  not  the  cause  of  the 
diminishing  birth-rate,  but  only  the  condition;  that,  though 
on  the  surface  the  decrease  of  population  is  an  economic 
question,  at  bottom  it  is  intellectual,  political,  and  aesthetic; 
that  as  the  desire  to  rise  in  the  industrial,  intellectual,  polit- 
ical, or  aesthetic  world  increases,  the  birth-rate  dimin- 
ishes.§ 

M.  Leroy-Beaidieu  shows  statistically  that  "a  low  birth- 
rate goes  hand  in  hand  with  high  wages  and  the  spread  of 
education,"  and  that,  "it  also  appears  to  be  particularly 
associated  with  democratic  aspirations,  and  still  more  with  a 
lessening  of  religious  belief  on  the  part  of  the  people,  and  a 
modification  of  the  old  ideas  of  resignation  and  submission  to 
their  lot."|| 


"La  Papulation  franfaize^*^  III,  p.  27. 
i/buL^  p.  333. 

I  Zhtatont,  "Dipopulation  et  Civilisation^  p.  356. 

IP.  Leroy-Beaulicu,  "The  Influence  of  Civilization  upon  the  Movement  of  Popu- 
lation.*'—frM0fNii/«  Franfais,  Sept.  aoand  27,  1890,  and  the  Journal  of  the  Royal 
Statistical  Socitty  0/ London,  June,  1891. 


Significance  of  a  Decreasing  Birth-Rate.      55 

Dr.  Hansen,*  Dr.  Longstaff,t  and  Dr.  Fothergill,t  show 
especially  the  evil  influences  of  city  life  upon  the  population, 
both  in  weakening  the  vitality  and  in  diminishing  the  birth- 
rate. Dr.  John  S.  Billings,§  Dr.  Cyrus  M.  Edson,||  and 
President  E.  B.  Andrews,^!  have  studied  the  question  as  it  is 
presented  in  the  United  States.  President  Andrews,  though  he 
refuses  to  adhere  strictly  to  the  classical  Malthusian  doctrine, 
accepts  the  main  principle  that  subsistence  is  limited,  and 
that  therefore  some  checks  are  necessary  to  keep  the  popu- 
lation within  the  limits  of  subsistence.  Dr.  Billings  and  Dr. 
Edson  discuss  the  diminishing  birth-rate  in  the  United  States 
and  its  probable  causes. 

The  generalizations  tentatively  reached  by  all  these 
inquirers  are  that  civilization  in  general  checks  the  rate  of 
increase  of  population  in  spite  of  a  diminishing  death-rate; 
that  city  life  is  on  the  whole  unfavorable  to  the  natural 
increase  of  population,  and  that  what  the  economists  call  the 
* '  raising  of  the  standard  of  life  ' '  operates  in  the  same  way. 

It  has  been  assumed  that  the  changes  in  the  marriage-rate 
and  the  marriage  age  will  account  in  a  great  measure  for  the 
decreasing  birth-rate,  but  another  explanation  is  more  than 
hinted  at  in  the  following  quotation  from  Dr.  John  S. 
Billings : 

'*It  is  probable  that  the  most  important  factor  in  the 
change  is  the  deliberate  and  voluntary  avoidance  or  preven- 
tion of  child-bearing  on  the  part  of  a  steadily  increasing 
number  of  married  people,  who  not  only  prefer  to  have  but 
few  children,  but  who  know  how  to  obtain  their  wish."  ** 

•  Hansen,  "Die  drei  Bevdlkerungstufen.''* 

tLongstaff*.  "Studies  in  Statistics." 

t  Fothergill,  "  The  Town  Dweller." 

{Billings,  "The  Diminishing  Birth-rate  in  the  United  State*.**— 7)U  JF&rum^ 
June,  1893. 

I  Edson,  "American  I<ifeand  Physical  Deterioration,"— A^or/A-^»i*r*ca»i  Review, 
October,  1893. 

t  Andrews,  "Are  There  Too  Many  of  Vi''— North  American  Heview,  Norem- 
ber,  189a. 

•♦  Billings,  "  The  Diminishing  Birth-nUe  in  the  United  SUtes.*'— 77l«  Forum 
June,  1893. 


56     Annals  op  the  American  Academy. 

M.  Levasseur  and  M.  Dumont  evidently  hold  the  same 
opinion : 

**  By  prevision  we  understand  the  human  will,  restrain- 
ing or  directing  the  reproductive  instinct,  with  a  view  to 
bringing  children  into  the  world  only  at  such  times  and  in 
such  numbers  that  the  father  can  hope  to  support  them  and 
to  educate  them  for  a  position  equal  to  his  own.  Prevision 
is  the  characteristic  of  the  man  who  reflects,  and  who,  con- 
scious of  his  responsibilities,  does  not  leave  his  destiny  to 
chance.  This  virtue  is  the  palladium  of  human  liberty. 
The  philosopher  and  the  economist  who  believe  in  that  lib- 
erty ought,  if  they  are  logical,  to  recommend  such  prevision, 
recognizing  that  if  it  is  useful  in  the  great  mass  of  actions, 
it  is  nowhere  more  opportune  than  in  the  grave  question  of 
the  growth  of  the  family  and  the  education  of  the  child. 
.  .  .  .  It  is  enough  to  lay  down  as  a  general  rule  that 
reason  should  control  instinct. "  *  M.  Dumont  says,  **The 
real  cause  of  the  decrease  of  our  birth-rate  is  the  wish  to 
have  few  or  no  children,  and  that  wish  is  determined  by  a 
combination  of  intellectual,  moral,  and  aesthetic  tendencies 
peculiar  to  our  people."  f 

Dr.  Cyrus  M.  Edson  agrees  with  Dr.  Billings  that  "the 
voluntary  avoidance  and  prevention  of  child-bearing  is  stead- 
ily increasing, "  but  thinks  that  the  principal  cause  is  the 
physical  and  nervous  deterioration  of  the  women  of  the 
United  States,  and  this,  he  asserts,  is  largely  due  to  the 
severe  strain  of  modem  life  and  education.  J  In  fact,  any- 
one who  is  at  all  familiar  with  the  statistical  and  medical 
literature  of  the  subject  is  aware  that  the  voluntary  preven- 
tion of  conception  is  the  explanation  of  the  diminishing 
birth-rate  that  is  generally  accepted  by  physicians  and  statis- 
ticians. 

•LeTKaaear.  ''La  Population  Francaiig."    III.  pp.  218-220. 
t  Dtttnont,  "  Depopulation  et  Civilisation^  p.  97. 

t  Cyni*  M.  EdK)n,  ♦'American  Life  and  Physical  Deterioration."— A^a^-M  Am^- 
mm  XnUm,  October,  1893. 


Significance  op  a  Decreasing  Birth-Rate.      57 

It  is  clear  from  the  foregoing  review  that  any  further  con- 
tributions to  the  theory  of  population  must  come  from  the 
side  of  statistics ;  that  only  by  careful  statistical  investiga- 
tion can  the  laws  which  govern  the  increase  or  the  decrease 
of  population  be  determined.  The  true  method  has  evi- 
dently been  applied  in  the  exhaustive  studies  of  M.  Levas- 
seur  in  France.  It  should  also  be  applied  to  the  statistical 
data  furnished  by  other  countries,  but  especially  should  these 
investigations  be  made  in  the  United  States.  There  are  pre- 
sented here  contrasts  of  geography,  race,  nationality,  of 
industrial  and  social  conditions  not  to  be  found  in  any  other 
part  of  the  world,  and  they  are  on  such  a  scale  of  magnitude 
as  to  render  them  peculiarly  well  adapted  to  statistical 
research.  Few  people  realize  the  wealth  of  material  con- 
tained in  our  census  and  other  statistical  reports.  It  has 
frequently  been  used  to  show  detached  facts  or  to  illustrate 
special  topics,  but  not  often  to  throw  fresh  light  upon 
economic  or  sociological  theory. 

For  a  complete  study  of  the  birth-rate  it  is  obviously  neces- 
sary that  there  should  be  many  more  comparisons  of  one 
group  of  statistical  facts  with  another  than  those  which  have 
already  been  made  by  Dr.  Billings  and  Dr.  Edson.  Many 
other  conditions  indicative  of  the  general  advance  of  civili- 
zation and  of  individual  evolution  should  be  compared  with 
the  birth-rate.  Further  statistical  research  may  prove  that 
their  theory  of  the  cause  of  the  diminishing  birth-rate  is 
insufficient. 

The  present  investigation  is  a  preliminary  study  of  a  few 
of  the  many  facts  found  in  the  United  States  census  reports. 
Its  object  is  to  show  the  relation  of  the  birth-rate  in  diflferent 
parts  of  the  United  States  to  certain  phenomena  which,  it  is 
thought,  may  have  some  influence  upon  the  number  of  births. 
The  statistics  used  are  taken  from  the  tenth  census  reports. 
The  age  of  these  figures  is  no  bar  to  their  use  in  such  an  in- 
vestigation. The  relation  of  connected  phenomena  to  one 
another  will  appear  in  them  as  dearly  as  in  figures  of  more 


58  Annals  of  the  American  Academy. 

recent  origin.  The  complete  vital  statistics  of  the  eleventh 
census  are  not  yet  available. 

The  birth-rates  of  the  white  and  the  colored  population  are 
compared,  the  relation  between  the  birth-rate  and  the  death- 
rate  from  nervous  diseases  is  shown  for  both  sexes,  and  also 
the  relation  between  the  birth-rate  and  the  density  of  pop- 
ulation, the  agricultural  wealth,  the  manufactured  wealth, 
and  the  mortgage  indebtedness. 

The  vital  statistics  of  the  tenth  census  were  tabulated 
according  to  a  different  plan  from  that  of  all  the  other 
statistics  of  that  census.  The  unit  of  locality  used  was  not 
the  State  or  Territory,  but  the  county.  As  it  was,  how- 
ever, a  work  of  too  great  magnitude  to  show  the  relations 
of  each  cause  of  death  to  the  sex,  age,  etc.,  in  each  of  the 
2605  counties  of  the  United  States,  and  as  the  numbers. 
for  many  of  the  counties  would  have  been  too  small  to 
permit  of  any  useful  deductions.  Dr.  Billings  decided  to- 
make  the  more  elaborate  compilations  for  groups  of  counties 
within  the  limits  of  each  State.  The  selection  of  the  counties 
that  formed  these  ' '  State  groups ' '  was  made  by  Mr.  Henry 
Gannett,  the  geographer  of  the  census.  The  groups  were 
selected  in  most  cases  according  to  the  topographical  fea- 
tures of  the  State,  and  evidently  could  be  consolidated  by 
States  for  comparison  with  the  tables  of  past  or  future  cen- 
stises,  with  those  of  the  State  censuses,  or  with  the  other 
statistics  of  the  same  census.  They  were  also  consolidated 
into  larger  "  grand  groups,"  whose  boundaries  were  deter- 
mined by  topographical  peculiarities  and  not  by  State  lines.* 
There  are  in  the  United  States  twenty-one  of  these  "  grand 
groups,"  made  up  from  iii   "  State  groups."  f 

•  Tenth  Census.    Vital  Stetlstics  I,  p.  xiv. 

t  Grmnd  Group  I,  the  North  Atlantic  Coast  region,  includes  the  following  State 
groups;  Maine  1,  New  Hampshire  i,  Massachusetts  1,  Rhode  Island,  Connecticut  i. 

Grand  Group  II,  the  Middle  Atlantic  Coast  region,  includes  New  York  i,  New 
Jersey  1,  Maryland  i.  Delaware,  District  of  Columbia,  Virginia  1. 

Grmnd  Group  III,  the  South  Atlantic  Coast  region,  includes  North  Carolina  i, 
South  Carolina  i,  Georgia  i. 

Grand  Group  IV,  the  Gulf  Coast  region,  includes  Florida,  Alabama  i,  I<ouisiana. 
I,  Miaaiaaippl  i,  Texas  x. 


SiGNIFICANCK   OF  A   DECREASING   BiRTH-RaTE.         59 

In  the  diagrams  or  charts  graphically  illustrating  the  re- 
sults obtained  in  the  tables,  such  curves  as  have  heretofore 
been  used  to  represent  sequent  phenomena  in  the  same  group, 
and  to  compare  different  sets  of  sequent  phenomena,  are  em- 
ployed (i)  to  compare  co-existent  phenomena  in  the  same 
group,  (2)  to  compare  the  same  phenomena  in  different 
groups,  and  (3)  to  compare  the  relations  between  the  differ- 
ent co-existent  phenomena  in  one  group  with  the  relations 
of  those  in  other  groups.* 

Grsnd  Group  V,  the  northeastern  hills  and  plateaus,  includes  Maine  2,  New 
Hampshire  2,  Vermont,  Massachusetts  2,  Connecticut  2,  New  York  2. 

Grand  Group  VI,  the  Central  Appalachian  region,  includes  New  York  3,  New 
Jersey  2,  Pennsylvania  i,  Maryland  2, 

Grand  Group  VII,  the  region  of  the  Great  Northern  I<akes,  includes  New  York 
4,  Ohio  I,  Michigan  i,  Indiana  i,  Illinois  i,  Wisconsin  i. 

Grand  Group  VIII,  the  Interior  Plateau,  includes  New  York  5,  Pennsylvania  2, 
Virginia  2,  North  Carolina  2. 

Grand  Group  IX,  the  Southern  Central  Appalachian  region,  includes  Virginia  3, 
West  Virginia  i.  North  Carolina  3,  South  Carolina  2,  Kentucky  1,  Tennessee  i, 
Georgia  2,  Alabama  2. 

Grand  Group  X,  the  Ohio  River  belt,  includes  Ohio  2,  Indiana  2,  Wert  Virginia  2, 
Kentucky  2. 

Grand  Group  XI,  the  Southern  Interior  Plateau,  includes  South  Carolina  3» 
Georgia  3,  Alabama  3,  Mississippi  2,  Tennessee  2. 

Grand  Group  XII,  the  South  Mississippi  River  belt,  includes  Kentucky  3,  Ten- 
nessee 2,  Mississippi  3,  I,ouisiana  2,  Arkansas  i. 

Grand  Group  XIII,  the  North  Mississippi  River  belt,  includes  Missouri  i,  Iowa  i, 
niinois  2,  Wisconsin  2,  Minnesota  i. 

Grand  Group  XIV,  the  Southwest  Central  region,  includes  Missouri  2,  Arkansas 
9,  Louisiana  3,  Texas  2. 

Grand  Group  XV,  the  Central  region,  plains  and  prairies,  includes  Ohio  3,  Ken> 
tucky  4,  Tennessee  4,  Indiana  3. 

Grand  Group  XVI,  the  Prairie  region,  includes  Missouri  3,  Iowa  2,  Illinois  3, 
Kansas  i,  Nebraska  i,  Wisconsin  3,  Minnesota  2,  Dakota  i. 

Grand  Group  XVII,  the  Missouri  River  belt,  includes  Missouri  4,  Iowa  3,  Ne- 
braska 2,  Dakota  2. 

Grand  Group  XVIII,  the  region  of  the  Western  Plains,  includes  Dakota  3,  Mon- 
tana I,  Wyoming  i,  Nebraska  3,  Kansas  2,  Colorado  i.  New  .Mexico  i,  Texas  3, 

Grand  Group  XIX,  the  heavily  timbered  region  of  the  Northwest,  include* 
Michigan  2,  Wisconsin  4,  Minnesota  3. 

Grand  Group  XX,  the  Cordilleran  region,  includes  Montana  2,  Washington  I, 
Wyoming  2,  Idaho,  Oregon  i,  Colorado  2,  Utah,  Nevada,  California  i,  Aritona,  New 
Mexico  2. 

Grand  Group  XXI,  the  Pacific  Coast  region,  includes  California  2,  Oregon  2, 
Washington  2. 

*  After  this  part  of  the  present  investigation  had  been  completed,  a  similar  com- 
parison appeared  in  an  article  on  "The  Life  and  Labour  of  the  People  of  Lon- 
don," by  Charles  Booth,  Ksq.,  President  of  the  Royal  Statistical  Society  of  I^ndon. 
It  was  delivered  November  2X,  1893,  and  was  published  in  the  Journal  of  tht  Roymi 


6o  Annals  op  thb  American  Academy. 

The  intercx>nnection  of  the  conditions  compared  in  the 
present  investigation  is  shown  by  noting  the  conditions  that 
cohere  and  the  conditions  that  are  opposed  in  the  same  group 
and  in  the  different  groups;  that  is,  by  noting  in  how  many 
groups  two  given  conditions  are  both  above  or  both  below 
the  averages  of  the  same  conditions  for  the  United  States, 
and  in  how  many  groups  these  conditions  oppose  each  other, 
one  being  above  the  average  for  the  United  States  and  the 
other  below.  If  such  coherence  or  opposition  is  found  in  a 
large  majority  of  the  groups,  some  causal  relation  may  evi- 
dently be  inferred.  The  curves,  of  course,  in  themselves 
mean  nothing;  they  are  simply  a  means  of  directing  the  eye 
to  certain  points. 

The  number  of  deaths  from  nervous  diseases  has  been 
chosen  for  comparison  with  the  birth-rate,  because  it  is  in 
general  a  measure  of  the  degree  of  civilization.  Dr.  Edson 
has  clearly  shown  that  the  higher  the  civilization,  the  greater 
is  the  intensity  of  life,  and  the  heavier  is  the  strain  upon  the 
nervous  system;  consequently,  the  number  of  deaths  from 
nervous  diseases  will  be  proportionally  greater  in  the  more 
highly  civilized  countries.  Therefore,  if  civilization  checks 
the  birth-rate,  as  is  afl&rmed  by  Mr.  Spencer  and  others,  we 
should  expect  the  death-rate  from  nervous  diseases  to  rise  as 
the  birth-rate  falls,  and  vice  versa.  These  statistics  of  the 
tenth  census  have  been  compiled  on  the  basis  of  deaths  from 
known  causes,  instead  of  on  the  usual  basis  of  the  living 
population,  and  therefore  any  comparison  with  similar  statis- 
tics of  other  countries  is  impossible. 

In  this  investigation  the  figures  for  the  grand  groups,  as 
given  in  the  tabulations  of  the  tenth  census,  are  used  with- 
out further  computation;  but,  since  only  the  aggregates  are 

Statistical  Society,  December,  1893.  In  the  twenty-seven  registration  districts 
of  Ix>ndon,  Mr.  Booth  makes  a  suggestive  study  of  certain  conditions  that  may  in- 
fluence the  increase  or  decrease  of  population:  poverty,  crowding,  early  marriages, 
•urplus  of  unmarried  men,  high  birth-rate,  and  high  death-rate.  In  his  tables  he 
shows  the  interconnection  of  these  conditions  "by  arranging  the  I/jndon  regis- 
tration districts  in  order  of  each  of  these  conditions  in  turn,  from  maximum  to 
minimum,  and  by  comparing  these  orders." 


Significance  of  a  Decreasing  Birth-Rate.      6i 

given  for  the  State  groups,  it  was  necessary  to  make  many 
new  computations.  The  figures  for  the  States  and  Territories 
were  obtained  by  combining  those  of  the  State  groups. 


CHART  I. 

BIRTH-RATE  OF  WHITE  AND  COI^ORED  IN  CERTAIN  GRAND    GROUPS, 

1880. 


The  first  study  is  a  comparison  of  the  white  and  the  col- 
ored birth-rates  in  the  ten  grand  groups  in  which  the  distinc- 
tion of  color  is  made;  namely,  in  all  grand  groups  in  which 
the  colored  population  forms  twenty  per  cent  or  more  of  the 
total  population.  The  birth-rates  are  estimated  on  the 
basis  of  the  number  of  women  of  child-bearing  age,  that 
being,  as  all  statisticians  agree,  a  more  scientific  birth-rate 
than  one  estimated  on  the  basis  of  the  total  population. 


62 


Annaxs  of  the  American  Academy. 


The  average  colored  birth-rate  in  1880  for  these  ten  groups 
was  163.8  per  thousand  women  between  the  ages  of  fifteen  and 
forty-nine  (both  inclusive),  while  the  white  birth-rate  was 
1 27. 1  per  thousand.  The  variation  from  the  average  birth-rate 
for  the  ten  groups  is  shown  for  each  group  in  Table  I,  and 
more  distinctly  in  Chart  I.  It  will  be  observed  that  in  four 
of  the  ten  groups  both  the  white  and  the  colored  birth-rates 
are  above  the  average,  and  in  four  others  they  are  both  below 
the  average;  in  other  words,  in  eight  of  the  ten  grand  groups 
the  phenomena  cohere. 

TABLE  I. 

COMPARISON  OF  BIRTH-RATES,  WHITE  AND  COI^ORED,  IN  CERTAIN 
GRAND  GROUPS,    1880. 

NoTB.    The  asterisk  (*)  is  used  throughout  this  essay  to  indicate  the  coherence 
«f  the  phenomena  discussed. 


Grand  Groups. 

Birth-rate  per    looo 
women  between 
the  ages  of  15  and 
49  (both  inclusive). 

Variation    above    or 
below  the  average. 

White. 

Colored. 

White. 

Colored. 

Average  for  the  lo  groups. 

127. 1 
106.7 
142.1 

134.5 
102.3 
161.5 
123.8 
147. 1 
149.6 
184.7 
123.4 

163.8 
136.8 
160. 1 

142.3 
161.5 
169.6 
129.5 
174.8 

163.9 
187. 1 

155.9 

2 

— 20.4t 

4-i5.ot 
+  7.4t 
—24.8 

+34.4t 
-3.7t 
+I9.6t 
H-22.5t 
+57.6t 
-3.7t 

— 27.0* 
-3.7 

-2.3* 
+  5.8; 
-34.3* 
H-ii.o* 
4-  0.1* 
+23.3* 
-7.9* 

1 

4 

8 .... 

Q 

ID 

II  .    .    . 

12 

14 

IS 

*  Coherences  in  eight  groups. 

Oppositions  in  two  groups. 

t  White  birth-rate  higher  relatively  in  nine  groups. 

In  Table  II  the  same  study  is  made  in  the  twenty- three 
State  groups  in  which  the  distinction  of  white  and  colored 
population  is  made ;  that  is,  in  those  groups  in  which  the 
colored  population  forms  fifty  per  cent  or  more  of  the  total 


Significance  of  a  Decreasing  Birth-Rate.      63 


population.  In  fifteen  of  the  twenty-three  State  groups  the 
white  and  the  colored  birth-rates  rise  and  fall  together  ;  in 
six  groups  both  rise  above  the  average,  and  in  nine  both  fall 
below. 

TABLE  II. 

COMPARISON    OP  BIRTH-RA.TES,    WHITE  AND    COI<OR8D,   IN    CERTAIN 
STATE  GROUPS.   1880. 


State  Groups. 


Birth-rate  per 
1000  women 
between  ages 
of  IS  and  49. 


White.  Colored. 


Variation  above  or 
below  the  average. 


White. 


Colored. 


Average  for  23  State  gjroups 

Alabama  i 

Alabama  2 

Alabama  3 

Arkansas  i 

District  of  Columbia   .   .    . 

Florida 

Georgia  i 

Geor^a  3 

Louisiana  i 

Louisiana  2 

Louisiana  3 

Mississippi  i 

Mississippi  2 

Mississippi  3 

North  Carolina  i 

North  Carolina  2 

South  Carolina  i 

South  Carolina  3 

Tennessee  2 

Tennessee  3 

Texas  i 

Virginia  i 

Virginia  2 


141.52 
104.9 
165.4 
145-8 
174.9 
94.1 
142.6 

156.7 
139.0 
131.0 

145.7 
172.7 
126.3 
158.2 

144.1 
140.2 

138.3 
135.1 
141.4 
154-1 
142.8 
146.2 
129.9 
120.5 


166.77 
107.8 

176.3 
164.2 
176.6 
118.7 
149.5 
152.3 
169.6 
140.8 
154.2 
181.3 
148.0 

178.4 
162. 1 
161.9 
180.3 
161. 4 
186.9 
192.9 
167.8 

149.7 
158.8 
164.4 


-36.6t 
4-23.9t 

+4.3t 
4-33.4t 
—47.4 

4-i.it 
+  i5.2t 

—2.5 
— io.5t 

+4.2t 
4-3i.2t 

— 15-2t 

+i6.7t 
-f2.6t 

-i.3t 
—3.2 
-6.4 
— 0.1 
4-12.6 

-fl.2t 

-f4.7t 
—11.6 
— 21.0 


—59.0* 
+9-5* 
—2.6 

4-9.8* 
-48.1* 
—17.3 
—14.5 

-2.8» 

— 22.0* 
—12.6 

+14.5* 
— 18.8» 
-fii.6* 
—4.7 
-4.9* 
4-13.5 
—5.4* 
4-20. 1 
4-26.1* 
4-I.O* 
—17.1 
— 8.o» 
—2.8* 


Twenty-three  SUte  groups. 

•Coherences  In  fifteen  groups.. 

Oppositions  in  eight  groups. 

t  White  rate  relatively  higher  than  colored  in  fifteen  groups. 

Such  a  remarkable  number  of  coherences  in  both  State 
and  grand  groups  naturally  suggests  that  there  must   be 


64  Annals  of  thk  American  Academy. 

some  underlying  cause  that  determines  the  birth-rate  of 
both  white  and  colored  population.  Table  I  and  Chart  I 
show  also  that  in  both  the  white  and  the  colored  birth-rates, 
there  is  a  decided  difference,  in  the  relative  variation 
of  each  from  the  average  rate ;  for  example,  in  eight  of  the 
ten  grand  groups  the  white  birth-rate  is  relatively  higher 
than  the  colored  ;  that  is,  it  is  either  relatively  higher  above 
the  average  rate  than  is  the  colored  birth-rate  in  the  same 
group  above  its  average,  or  it  is  not  relatively  so  far  below 
the  average  rate  as  is  the  colored.  The  same  thing  is  seen 
in  the  State  groups  (Table  II).  In  fifteen  of  the  twenty- 
three  groups  the  white  birth-rate  is  relativelj'-  higher  than 
the  colored. 

This  fact,  added  to  that  of  the  greater  diminution  of  the 
colored  than  of  the  white  birth-rate  during  the  last  decade, 
is  admitted  by  Dr.  Billings  to  be  a  strong  argument  against 
his  theory  of  the  causation  of  the  lowered  birth-rate  for  this 
country.* 

He,  however,  tries  to  explain  away  the  difficulty  by 
attributing  the  greater  decrease  in  the  colored  birth-rate 
partly  to  the  larger  number  of  errors  in  the  data  from  which 
the  rates  are  calculated,  and  partly  to  the  greater  relative 
effect  of  the  voluntary  prevention  of  conception  in  the  South 
where  the  practice  is  comparatively  new.  Neither  of  these 
suggestions  seems  sufficient  to  account  for  the  greater  dimi- 
nution of  the  birth-rate  in  the  South.  There  is  possibly  a 
larger  proportion  of  error  in  the  data  collected  from  the 
colored  people  than  in  that  obtained  from  the  Southern  white 
population  as  a  whole,  though  the  information  gained  from 
the  "poor  whites"  is  probably  fully  as  unreliable  as  that 
obtained  from  the  colored  people.  The  statistics  in  both 
cases  were  gathered  by  the  same  census  enumerators  and 
according  to  the  same  method,  and  therefore  the  allowance 
for  greater  error  in  the  statistics  of  the  colored  population 

•Billing  "The  Diminishing  Birth-rate  in  the  United  States."— 7%<r  Forum 
June,  1893. 


Significance  of  a  Decreasing  Birth-Rate.      65 

must  necessarily  be  small.  The  second  explanation  seems 
wholly  inadequate.  No  one  would  claim  that  the  practice  of 
the  voluntary  prevention  of  conception  is  common  among  the 
colored  people  ;  it  is  even  improbable  that  it  is  often  found 
among  those  of  this  race  who  live  in  cities,  and  certainly  not 
among  the  rural  population.  It  cannot  be  an  important 
factor  in  the  diminishing  birth-rate  of  the  colored  population. 

All  will  grant  that  this  practice  is  a  product  of  civilization, 
and  is  confined  almost  entirely  to  the  white  population  of  the 
United  States,  and  probably  to  a  comparatively  small  part  of 
that  population.  If  this  be  so,  it  can  scarcely  be  accounted 
the  "most  important  factor"  of  the  diminishing  birth-rate 
of  the  United  States,  although  it  may  be  an  important  factor 
in  certain  parts  of  the  country  and  undoubtedly  is  ' '  steadily 
increasing. ' '  The  fact  that  the  lines  of  the  white  and  the 
colored  birth-rates  so  closely  follow  each  other  (Tables  I,  II 
and  Chart  I)  makes  it  clear  that  there  is  some  imderlpng 
principle  of  population  that  determines  them  both.  The 
explanation  advanced  by  Dr.  Billings  can  hold  true  of 
certain  localities  only  at  present.  It  cannot,  therefore,  be  the 
fundamental  cause  of  the  diminishing  birth-rate.  What 
that  cause  is  must  be  left  for  future  investigators  to  dis- 
cover. 

The  comparison  of  the  birth-rates  with  the  death-rates 
from  nervous  diseases  is  significant  (Table  III  and  Chart 
II).  The  average  number  of  deaths  from  nervous  diseases 
per  thousand  deaths  from  known  causes  in  the  United  States 
for  1880,  is  113. 8:  118. 6  for  males,  108.6  for  females.  In 
only  two  of  the  twenty -one  grand  groups  do  the  birth-rates 
and  the  deaths  from  nervous  diseases  rise  or  fall  together;  in 
nineteen  they  oppose  each  other.  In  ten  of  the  nineteen 
groups  the  birth-rate  falls  below  and  the  death-rate  from 
nervous  diseases  rises  above  the  average;  in  nine  the  birth- 
rate rises  above  the  average  and  the  death-rate  from  ner- 
vous diseases  falls  below.  This  is  true  for  both  sexes, 
and  it  happens  that  for  both  sexes  the  phenomena  vary 


66 


Annals  of  the  American  Academy. 


together  in  the  same  groups, — grand  groups  four  and  nine- 
teen. It  may  be  obser\'ed  also  that  in  nineteen  of  the  twenty- 
one  groups  the  tieath-rate  from  nervous  diseases  is  higher 
among  males  than  among  females. 

TABLE  III. 

COMPARISON  OF  BIRTH-RATES  AND  DRATHS  FROM  NERVOUS  DISEASES 
BY  GRAND  GROUPS,  1880. 


Grand 

Groups. 


United  States 


9 

10 
II 
12 
13 
14 
15 
x6 

17 
18 

19 

31 


1^ 


S  o 

P 


127.5 
80.0 
1 10. 1 
151.9 
1377 
«9.3 
119.2 
1 15.8 
109.2 
162.9 
124.2 
161.6 

158.7 
124.1 
185.2 
126.4 
138.4 
139.2 
154.5 
"54 
141.4 
1 15.6 


4;  no 

S  ^  cft 

H    O  S 

p  ^  rt 


^ 


118.6 
127.2 

121. 0 
108.0 
144.4 
I3I.7 
130.2 
129.2 
133.2 
96.9 

133.9 
100.8 

103.3 
123.3 
106.5 
124.4 

II0.8 
99.2 
69.0 

102.2 
82.6 

124.0 


Variation  above  or 
BELOW  the  Average. 


el's 

K  o 
n3  > 


108.6 
1 19. 1 

114.3 
101.3 
127.4 
126.4 
120.3 

119.5 
120.0 

88.1 
122.9 

84.2 
100.8 
109.8 

95.7 
1 13.4 

948 

93.3 
75.4 
80.3 
82.2 
135.5 


Coherences  with  birth-rate 
Oppositions  to  birth-rate  . 


—47.5 
—17.4 

+24.4 
-f  10.2 
—38.2 
-8.3 
— 11.7 
-18.3 
+35.4 

—  3.3 
4-34.1 
+31.2 

—  3.4 
+57.7 

—  I.I 
+10.9 
+  11. 7 
+27.0 
— 12. 1 

+  13.9 
— 11.9 


Total  groups 


+  8.6 
+  2.4 
— 10.6 
+25.8* 

4-13.1 
4-11.6 
4-10.6 
4-14.6 
—21.7 

+  15.3 
-17.8 

—15.3 
4-  4.7 
— 12. 1 

+  5.8 

-7.8 

—19.4 

—49.6 

—16.4* 

—36.0 

-f-  5.8   I 


-Ss 


4-10.5 
+  5.7 
—  7.3 

4-18.8* 

4-17.8 

+11.7 

4-10.9 

-fu.4 

—21.5 

4-14.3 

—24.4 

-7.8 

4-  1.2 

— 12.9 

4-  4.8 

-13.8 

—15.3 

—33-2 

-28.3* 

— 26.4 

4-26.9 


21 


SiGNIPICANCB  OP  A  DECREASING   BIRTH-RATE. 


67 


4 

t 

SI                   ' 

n 

^111 

i                         «^ 

^^^ 

^                       ^^ 

"^^3 

^ 

^x       eC^      ^ 

^^» 

^                    ^f 

^% 

t 

jC^ 

(,                    _I! 

^it 

*"      *^=^C 

^^> 

5                      " 

^3C 

«                     y-^ 

>. 

c^^ 

^^^^ 

s                                ^ 

^^"^ 

».            od:^ 

^^^9 

-5 

'^^T' 

r>- 

V-t 

^                                              i 

M^- 

2 

f  ::>> 

4^ 

^-^ 

og_ 

I:;:^^ 

tJ 

5?^^ 

•«• 

«r.  /       --^ 

^4 

i     3     5     J     it    i    A,  ^ 

68.  Annals  op  thk  American  Academy. 

A  study  of  the  State  groups  (Table  IV)  shows  that  in 
fifty-six  groups  the  birth-rate  is  above  the  average  for  the 
United  States  and  the  death-rate  from  nervous  diseases  is 
below  the  average,  and  in  thirty  groups  the  birth-rate  falls 
below  the  average  and  the  death-rate  from  nervous  diseases 
rises  above  that  is,  in  eighty-six  of  the  one  hundred  eight 
groups  the  phenomena  oppose  each  other. 

The  same  study  by  States  and  Territories  (Tables  V  and 
VI)  shows  that  in  thirty-nine  of  the  forty-seven  States  and 
Territories  the  birth-rate  and  the  deaths  from  nervous  diseases 
are  opposed;  in  twenty-six  States  and  Territories  the  birth- 
rate is  above  the  average  for  the  United  States  and  the  death- 
rate  from  nervous  diseases  is  below,  while  in  thirteen  States 
and  Territories  the  birth-rate  is  below  the  average  and  the 
death-rate  from  nervous  diseases  is  above. 

The  obvious  deductions  from  such  facts  are  (i)  that  the 
conditions  that  cause  a  high  death-rate  from  nervous  diseases 
lower  the  birth-rate  and  vice  versa,  and  (2)  that  since,  in 
two-thirds  of  the  thirty-nine  States  and  Territories  in  which 
the  phenomena  oppose  each  other,  the  birth-rate  is  above  the 
average  and  the  death-rate  from  nervous  diseases  below  the 
average,  the  variations  above  and  below  the  average  in  the 
remaining  one-third  must  be  proportionally  greater;  in  other 
words,  the  conditions  of  life  which  cause  such  variations  must 
be  more  intense.  If  civilization,  as  Mr.  Spencer  believes,  be 
the  cause  of  the  lower  birth-rate,  we  should  expect  a  high 
civilization  where  the  birth-rate  is  low.  These  conclusions 
are  confirmed  by  the  statistics.  The  thirteen  States  in  which 
the  birth-rate  is  low  and  the  death-rate  from  nervous  diseases 
is  high,  are  Maine,  New  Hampshire,  Vermont,  Massachu- 
setts, Connecticut,  Rhode  Island,  New  York,  New  Jersey, 
Pennsylvania,  Delaware,  Maryland,  the  District  of  Colum- 
bia, and  Ohio.  These  States  are  acknowledged  to  have 
reached  a  higher  state  of  civilization  than  most  of  those  in 
the  other  group.  They  are  more  thickly  settled,  have  a 
greater  degree  of  wealth  per  capita,  and  possess  more  of  the 
marks  of  an  advanced  civilization. 


Significance  of  a  Decreasing  Birth-Rate.      69 


TABLE  IV. 

COMPARISON  OP  BIRTH-RATB  AND  DEATHS  FROM  NBRVOUS   DISBASBS 
BY  STATE  GROUPS,  1880. 


Variation  above 
or  below  the 
Average. 


State  Groups. 


United  States 

Alabama  i 

Alabama  2 

Alabama  3 

Arizona 

Arkansas  i 

Arkansas  2 

California  i 

California  2 

Colorado  i 

Colorado  2 

Connecticut  i 

Connecticut  2 

Dakota  i 

Dakota  2 

Dakota  3 

Delaware 

District  of  Columbia    .    . 

Florida 

Georgia  i 

Georgia  2 

Georgia  3 

Idaho  

Illinois  I 

Illinois  2 

Illinois  3 

Indiana  i 

Indiana  2 

Indiana  3 

Iowa  I 

Iowa  2 

Iowa  3 

Kansas  i 

Kansas  2 

Kentucky  i 

Kentucky  2 


1000  wo- 
n  the  ages 

ervous  dis- 
000  deaths 
causes. 

ite  per 
betwee 
and  49 

from  n 

per  I 

known 

Birth-n 
men 
of  15 

Deaths 
eases 
from 

127.5 

1 13.8 

106.3 

179.4 

168.1 

89.6 

156.0 

92.8 

X14.4 

70.1 

176.0 

I02.6 

192.6 

105.4 

1 15.7 

1 10. 2 

108.2 

121. 7 

104.6 

79-7 

121.9 

70.7 

82.5 

152.2 

84.3 

154.6 

176.7 

74.5 

173.3 

75-1 

124.9 

105.8 

113.2 

135.3 

103. 1 

122.8 

145.9 

121.0 

154.4 

1 10. 2 

157.8 
155-5 

m 

183.3 

86.0 

"37 

137.0 

131.9 

104. 1 

126.4 

1 10.5 

117.8 

115.2 

127.7 

112.5 

121.2 

"3-9 

1 16.3 

116.0 

136.3 

100.7 

143.0 

U!^ 

\n:i 

83.6 

193.7 

77.3 

124. 1 

120.3 

—21.2 

+40.6 
+28.5 

+65.1 

— II.8 

—19-3 
—22.9 

-5.6 
—450 
—43.2 
+49-2 
+45.8 

—  2.6 

—14.3 
—24.4 

-fi8.4 
+26.9 

+30.3 
-1-28.0 
+55.8 
-3.8 
+  4.4 

—  1.1 

—  9.7 
-H  0.2 
-6.3 
— 11.2 
-f  8.8 
+15.5 
-1-25.7 

-I-51.1 
-H66.2 

—  3.4 


a. 


m 


+65.6 
—24.2 

— 21.0 

-43.7* 
— II. 2 
-8.4 
-3.6* 
-f  7.9 

-34.  !• 

-43.1' 

4-38.4 

4-40.8 

-39.3 
-38.7 

—  8.0* 
-f2i.5 
4-  9.0 
4-  7.2* 
-3.6 
-18.5 
—27.0 
-27.8 
4-23.2 

—  9.7 
-3.3* 
4-  1.4 

—  >.3 
4-  0.1 
4-  2.2 

— 13.« 
— 2ao 

—253 
-30.2 

-36.5 

4-6.5 


70 


Annals  of  the  American  Academy. 


TABLE  IN  .—Continued. 


Kentucky  3 
Kentucky  4 
Louisiana 
Louisiana  2    . 
Louisiana  3    . 
Maine  i  .   .   . 
Maine  2  .   .   . 
Maryland  i    .   . 
Maryland  2    . 
Massachusetts  i 
Massachusetts  2 
Michigan  i     .    , 
Michigan  2     . 
Minnesota  i  .   , 
Minnesota  2  .   . 
Minnesota  3  .   , 
Mississippi  i  .   . 
Mississippi  2  .    . 
Mississippi  3  .   . 
Missouri  I  .   .   , 
Missouri  2  .   .   . 
Missouri  3  .   .   . 
Miaeouri  4  .   .  . 
Montana.  .   .   .  , 
Nebraska  i . 
Nebraska  2 .  .   .   . 
Nebraska  3 .  .   .   , 
Nevada    .... 
New  Hampshire  i 
New  Hampshire  2 
Newjcraey  i  .  .   , 
New  Jersey  2  .  .   , 
New  Mexico  i  .   . 
New  Mexico  2  .   , 
New  York  i  .   .   , 
New  York  2  .  .  . 
New  York  3  .  .   . 
New  York  4  .   .   , 
New  York  5  .   . 


Significance  of  a  Decreasing  Birth-Rate.       71 


TABLE  \\ .-^Concluded. 


State  Groups. 


North  Carolina  i 
North  Carolina  2 
North  Carolina  3 

Ohio  I 

Ohio  2 

Ohio  3 

Oregon  i     .   .   . 
Oregon  2     .   .   . 
Pennsylvania  1 
Pennsylvania  2 
Rhode  Island    . 
South  Carolina  i 
South  Carolina  2 
South  Carolina  3 
Tennessee  i    .   . 
Tennessee  3    .   . 
Tennessee  3    .   . 
Tennessee  4  .   . 
Texas  1    .   .   .   . 
Texas  2    .   .   .   . 
Texas  3    .    .    .   . 

UUh 

Vermont,  .  .  . 
Virginia  i  .  .  . 
Virginia  2  .  .  . 
Virginia  3  •.  .  . 
Washington  .  . 
West  Virginia  i 
West  Virginia  2 
Wisconsin  i  . 
Wisconsin  2  .  . 
Wisconsin  3  .  . 
Wisconsin  4  .  . 
Wyoming    .    .    . 


150.4 
154.2 
160.9 

IC^.I 

1 15.6 
111.5 
I7a2 
138.8 
127.2 
108.4 

86.0 
152.7 
165.5 
167.1 
160.7 
167.6 
153.8 
153.7 
147.4 
192. 1 
190.2 
198.9 

88.7 

144.9 
142.8 

154.1 
158.0 

158.3 
158.1 
141.1 
139^8 
1 13.0 
160.4 
1547 


Variation  abovb 
or  below  the 
Average. 


I28.'3 

141.3 
136.0 

77.7 

107.5 

117.1 

137.4 

124.0 

108.9 

72.9 

88.2 

89.9 

97.8 

91.6 

102.5 

157.1 

97.7 

64.7 

80.8 

122.8 

113.6 

116.4 

1035 

83.3 

104.3 

106.1 

130.6 

84.8 

109.2 

81.7 

59.1 


+22.9 
+26.7 
+36.4 
—19.4 
-11.9 
— 16.0 
+42.7 
+  11.3 
—  0.3 
—19. 1 

—41.5 
-1-25.2 
438.0 
+39.6 
-f-33.2 
4-40.1 
4-26.3 
+  26.2 

4  19.9 
4-64.6 

+62.7 
4-71.4 
—38.8 

4-17.4 
4-15.3 
+26.6 

4-30.5 
4-3a8 
+30.6 
4-13.6 
4-12.3 
—14.5 
4^32.9 
4-27.2 


-14.7 
-31.7 
-44.6 
4-14.5 

4-27.5 

4-22.2 
-36.1 

-  6.3 

4-  3.3 
423.6 
4-10.2 

—  4-9 
-40.9 
-25.6 

-23.9 
— 16.0 
—22.2 

~"A 

4-43.3* 
—16. 1 

—49.1 
-33.0 
4-  9.0 

—  aa 
4-  2.6* 
-ia3 
— 30.S 

-  9.5 

—29.0 
-4.6» 
-32.1 
-54.7 


Coherences  with  birth-rate 33 

Oppositions  to  birth-rate .   .    86 


Total  groups 108 


72 


Annals  of  the  American  Academy. 


A  further  comparison  will  show  the  relation  of  the  birth- 
rate to  the  density  of  population,  the  value  of  manufactured 
product  per  capita,  and  the  value  of  agricultural  product 
both  per  capita  and  per  acre  of  improved  land.  (Tables  V 
and  VI) .  The  average  density  of  population  per  square 
mile  of  ar#a  of  settlement  in  1880  was  31.96.  In  thirty- 
nine  States  and  Territories  the  birth-rate  and  the  density 
of  population  are  opposed  (Table  VI).  Twenty-three  of 
these  have  a  high  birth-rate  and  a  low  rate  of  density; 
and  twenty-two  of  these  twent>'- three  are  States  and  Territo- 
ries in  which  the  death-rate  from  nervous  diseases  is  below 
the  average.  Sixteen  of  the  thirty-nine  States  and  Territo- 
ries in  which  the  birth-rate  and  the  density  oppose  each  other 
have  a  low  birth-rate  and  a  high  rate  of  density,  and  in 
thirteen  of  these  the  deaths  from  nervous  diseases  are  above 
the  average;  or,  stating  the  result  in  another  way, — all  of 
the  thirteen  States  and  Territories  in  which  the  death-rate 
from  nervous  diseases  is  high  have  a  population  of  more  than 
average  density. 

TABLE  V. 

BIRTH-RATES  AND  FACTORS  OF   ECONOMIC  CONDITION,  1880. 


^1 

ns  dis- 
deaths 
ses. 

0) 

.-1  Wh 

y-4 

h 

9  *^ 

a  0 

ed 

W'S 

States  and 

83 

£§8 

alue  of  agricultur 
ducts  per  acre  ' 
proved  land. 

11 

it 

Territories, 
x88a 

Irth-rate  per 
men  betwee 
of  15  and  49 

Deaths  from  n 
eases  per  k 
from  known 

0  ^ 

ii 

|« 

Q 

> 

> 

> 

United  States.   .  i     127.5 

113.8 

31.96 

I7.77 

$44.11 

I106.50 

Alabama .   . 

156.7 

97.1 

24.50 

8.92 

45.05 

10.75 

Arizona   .   . 

114.4 

70.1 

552 

10.96 

15.19 

15.29 

ArkAOMt.  . 

190.0 

104.9 

15- 13 

12.18 

54.57 

8.42 

California   . 

1 10.7 

108. 1 

11.38 

5.60 

69.07 

134.40 

Colorado 

"39 

70.7 

4-95 

8.15 

25.85 

73.38 

Connecticut 

83.2 

151.2 

128.52 

10.95 

28.92 

298.21 

Dakota    .   . 

171.2 

80.0 

6.63 

4.91 

41.79 

17.56 

Delaware 

113.2 

1 16.9 

74.80 

8.46 

43.11 

139.60 

Significance  op  a  Decreasing  Birth-Rate.      73 


TABLE  W,— Continued, 


States  and 

TgRRITORIBS, 

1880. 

irth-rate    per  looo  wo- 
men between  the  ages 
of  15  and  49. 

eaths  from  nervous  dis- 
eases per   1000  deaths 
from  known  causes. 

ue  of  agricultural  pro- 
nets  per  acre  of  im- 
roved  land. 

ue  of  agricultural  pro- 
ucts  per  capita. 

roducts  per  capita. 

•a -a  a 

•3'^      "a  c^ 

« 

Q 

> 

:>        ^ 

Dist  of  Columbia 

103. 1 

179-3 

2732.70 

1 40.73 

$  2.90  $ 

66.90 

Florida    .    .    .    . 

145.9 

121.0 

8.06 

7.85 

27.61 

20.53 

Oorgia  .... 

156.0 

91.5 

26.15 

8.17 

43.46 

n 

Idaho  

183.3 

86.0 

2.61 

7.68 

46.47 

Illinois    .    .   .   . 

126.8 

109.6 

54-96 

7.81 

66.27    1 

34.79 

Indiana   .    .    .    . 

122.4 

1 12.9 

55.09 

8.23 

57.97 

74.82 

Iowa 

133.0 

103.0 

29.29 

6.85 

83.78 

43.73 

Kansas     .    .    .    . 

156.4 

87.9 

15.81 

4.86 

52.45 

30.97 

Kentucky   . 

145.2 

111.9 

41.26 

5.95 

38.82 

45.89 

Louisiana    .    .    . 

148.5 

105.3 

20.70 

15.65 

45.62 

25.75 

Maine 

81.1 

121.6 

36.26 

6.30 

33.82    1 

23.02 

Marj'land    .    .    . 

122.8 

129.4 

94.82 

8.63 

30.85    1 

14.21 

Iklassachusetts    . 

82.9 

128.9 

221.78 

11.38 

13.55    I 

^53.96 

Michigan    .    .    . 

1 14.7 

i?J 

34.66 

10.99 

55.69 

92.07 

Minnesota  .   .    . 

151.7 

17.27 

6.83 

63.36 

97.42 

Mississippi  .    .    . 

165.2 

103.2 

24.42 

12.21 

56.29 

6.64 

Missouri  .... 

138.8 

104.3 

31.55 

5.73 

44.23 

^•2Z 

Montana.    .    .    . 

153.4 

91.2 

4.40 

7.71 

51.71 

46.88 

Nebraska     .    .    . 

169.0 

76.9 

11.80 

5.76 

70.09 

27.91 

Nevada    .    .    .    . 

122.2 

81.2 

5.30 

8.29 

t%  . 

35.01 

New  Hampshire 

71.6 

137.4 

39.86 

5.84 

13.20 

Newjersejr    .    . 

103.3 

160.9 

151.73 

14.14 

a6.2i      a 

24.89 

New  Mexico  .    . 

141.6 

30.0 

3.71 

8.00 

15.87 

10.75 

New  York  .    .    . 

93-9 

132.6 

III.OI 

28.81 

1005 

35.03      a 

12.6a 

North  Carolina . 

154.7 

86.0 

7.98 

37.04 

14.36 

Ohio 

112.6 

132.5 

78.46 

8.67 

49.02      I 

08.91 

Oregon    .   .    .    . 

145.0 

100.6 

7.12 

6.02 

75.73 

62.55 

Pennsylvania     . 

115.1 

128.8 

95.18 

9.64 

30.23      1 

7391 

Rhode  Island     . 

86.0 

138. 1 

254.87 

12.30 

13.27      3 

76.68 

vSouth  Carolina . 

162.6 

84.8 

3300 

9.95 

41.29 

16.81 

Tennessee   .    .    . 

158.7 

95.3 

36.94 

7.31 

40.25 

24.03 

Texas 

187.4 

101.9 

12.74 

8.02 

4096 

13.02 

T'Uh 

198.9 

80.8 

8.80 

23.18 

30.04 

Vermont.    .    .    . 

83.7 

122.8 

36.38 

6.72 

66.46 

94.36 

Virginia  .    .    .    . 

1473 

109.4 

37.70 

8.70 

??.S 

3423 

Wa^ington    .    . 

1580 

83.3 

3.60 

43.27 
36.97 

West  Virginia    . 

158.2 

105.2 

25.10 

5.11 

31.23 

Wisconsin  .    .    . 

131.4 

995 

29.66 

7-9S 

55.45 

97.50 

Wyoming   .    .    . 

154.7 

59.1 

3.25 

4.48 

17.91 

43.22 

74 


Annai^  of  thb  American  Academy. 


TABIyE  VI. 

COMPARISON  OP  BIRTH-RATES  AND  FACTORS  OF  ECONOMIC 

CONDITION,    1880. 


8TATB8 

AND 

TSltRITOKIBS, 


Variation  above  or  below  the  Average. 


2  * 


s 

.a  3 


11^ 

w  /» i_ 


|2^ 


•32 


Alabama 

Arixona 

Arkansas 

California 

Colorado 

Connecticut    .... 

Dakota 

Delaware 

Diatrict  of  Columbia 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kanaas 

Kentucky 

Ixniisiana 

Maine 

Maryland 

MaanchuaettH  .  .  . 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nerada 

New  Hampshire  .  . 
New  Jersey  .... 
New  Mexico  .... 

New  York 

North  Carolina .  .  . 

Ohio 

Oregon 

Pennsylvania  .  .  . 
Rhode  Island .... 
South  Carolina  .  .  . 

Tennessee 

Texas 

Utah 

Vermoat 

Virginia 

Waahington  .... 
West  Virginia   .  .  . 

Wisconsin 

Wyoming 


+29.2 
-13. 1 
+62.S 
—16.8 
-13.6 
—44.3 
+43.7 
—14.3 
—24.4 
+18.4 
+28.$ 
+55.8 
—0.7 
—51 
+5.5 
-f^.9 
+  J7.7 
+21.0 
-46.4 
—4.7 
-44.6 
—12.8 
+24.2 
+37.7 
+  11.3 
+259 
+41.5 
—5.3 
—55-9 
—24.2 
+  14.1 
-33.6 
+27.2 

-14.9 
+  17.5 
—12.4 
— 4>-5 
+35-1 
+31.2 

+59-9 
■f7«.4 
—38.8 
4-19-8 
+30.5 
+30.7 
+3.9 
427.2 


Coherences  with  birth-rate  . 
Oppoaitions  to  birth-rate  .  . 

Total  SUtcs  and  TerHtories 


-4f:i: 

+37-4 
— 33-8 

+3.1 
+65.5^ 

+7.2* 
-22.3 

-27.§ 

—0.9* 
—10.8 

—25-9 

+  15.6 
+15.1 
— 14.0* 
-29.2 
— 10.6 

—22.6 

—32.6* 
+23.6 

-83.8 
+18.8 

-27.8 
+  18.7 
—  13.2 

-H5-0 
+24.3 

-Ts 

-11.9 

—33.0 

+9.0 

—4.4 

—30.5 

—8.6 

—14.3 

—54.7 


-7.46^ 

—20.58* 
— 27.01* 
+9656 
—25.33 

+42.84 
+2700.74 

-^s 

—2935 
+23.00 
+23.13 

— 2.67 
—16.15 

+9-30* 
—11.26 

+4-30 

+62.86 

+  189.82 

+2.70 
—14.69 

-7.54 

—0.41 
—27.56 
—20.16 
—26.66* 

+7.90 
+  119.77 
—28.25 

+79-95 

—3.15 

+46.50 

-24.84 

+63.22 

+222.91 

+1.04* 

+4-98* 

—19.22 

—23.16 

+4-42 

+5-74* 

-28.36 

—6.86 

—2.30 

—28.71 


+I1.15* 
+3-19 
+4.41* 
—2.17* 
+0.38 
+3.18 
—2.86 
+0.69 

+32.96^ 
+0.08* 
+0.40* 
— 0.09 
+0.04 
+0.46 
—0.92 
— 2.91 
—1.82 
+7-88* 
—1.47* 
+0.86 
+3-61 
+3.22 
—0.94 
+4.44* 
— 2.04 
—0.06 
—•2.01 
+0.52 
~i.93* 
+6.37 
+0.23* 
+2.28 

+0.21* 
+0.90 

Kfi. 

— 0.46 
—2.6a 
+0.25* 
—1.05* 
—2.40^ 

lis* 

+0. 19* 
—3-29 


+$0.94* 
—28.92* 
+  10.46* 
+24.96 
—18.26* 
—15.19* 
—2.32 
—1. 00* 
—41.21* 
—16.50 
-0.65 
+2.36* 
+22.16 
+13-86 
+39-67* 
+  8.34* 
—5-29 
+  1.51* 
— J0.29* 
-13-26* 
—30.56* 
+  11.58 
+19-25* 
+12.18* 
+0.12* 
+7.60* 
+25.98* 
+1.75 
-5-28* 
-17.90* 
—28.24 
-9.08* 
—7.07 
+4.91 
+31.62* 
-13.88* 
—30.84* 
—2.82 
-3.86 
—3.15 
—20.93 
+22.35 
-13.88 

+  11.34* 
—26.20 


47 


47 


47 


47 


Significance  of  a  Decreasing  Birth -Rate.      75 

In  Table  VI.  the  birth-rate  is  compared  also  with  the  value 
of  agricultural  products  per  acre  of  improved  land.  The 
statistics  for  agricultural  products  thus  given  indicate  the 
intensity  of  cultivation  as  well  as  the  fertility  of  the  land 
that  is  cultivated,  rather  than  the  general  character  of  the 
industry  of  the  State.  In  thirty-one  States  and  Territories 
the  value  of  the  agricultural  products  per  acre  of  improved 
land  is  opposed  to  the  birth-rate,  and  in  twenty-five  of  these 
the  opposition  coincides  with  that  for  the  density  of  popula- 
tion and  the  birth-rate;  in  twenty-four  it  coincides  with  the 
opposition  for  nervous  diseases  and  the  birth-rate,  and  in 
twenty-one  the  opposition  for  all  three  coincides;  that  is,  the 
density,  the  death-rate  from  nervous  diseases,  and  the  value 
of  agricultural  products  per  acre  of  improved  land  oppose  the 
birth-rate  in  twenty-one  States  and  Territories.* 

The  statistics  for  the  value  of  the  agricultural  products  per 
capita,  though  they  are  computed  on  the  basis  of  the  total 
population,  and  are  therefore  of  less  scientific  value  than  if 
computed  on  the  basis  of  the  purely  agricultural  population, 
indicate  to  a  certain  extent  the  general  industrial  character 
of  the  States  and  Territories.  When  compared  with  similar 
statistics  for  the  value  of  manufactured  products  per  capita, 
(Tables  V.  and  VI.),  they  show  plainly  in  which  States  and 
Territories  agriculture  is  the  chief  industry,  and  in  which 
manufactures  prevail.  The  birth-rate  follows  the  value  of 
the  agricultural  products  per  capita  in  twent>'-seven  States 
and  Territories  (Table  VI.),  partially  carr>'ing  out  the  gen- 
eral induction  that  agricultural  conditions  favor  the  birth- 
rate. Of  these  twenty-seven  States  and  Territories,  ten  of 
the  thirteen  in  which  both  the  birth-rates  and  the  agricultu- 
ral values  are  low  are  States  in  which  the  value  of  manufac- 
tures per  capita  is  high,  and  three  (California,  Illinois,  and 
Ohio),  which   have   a   birth-rate    below  the  average  and 

*  Note  that  Illinoiit,  Indiana  and  Michigan  correspond  in  density,  value  of  agri* 
cnltural  product,  and  the  birth-rate,  and  that  Kentucky,  Tenncasee,  and  Virginia 
correspond  in  deaths  from  nervoua  diseases,  value  of  agricultural  product,  and  the 
birth-rate. 


76  Annals  of  the  American  Academy. 

agricultural  values  above,  have  also  a  high  value  of  manu- 
factured products  per  capita. 

In  Tables  V.  and  VI.  a  comparison  is  made  between  the 
birth-rate  and  the  net  value  of  manufactured  products  per 
capita.  Like  the  statistics  for  the  value  of  the  agricultural 
products  per  capita,  these  are  based  upon  the  total  popula- 
tion, and  not  upon  that  part  of  it  engaged  in  manufacturing. 
They  indicate,  however,  which  are  the  distinctly  manufactur- 
ing States;  namely,  California,  Connecticut,  Delaware,  Illi- 
nois, Maine,  Maryland,  Massachusetts,  New.  Hampshire,  New 
Jersey,  New  York,  Ohio,  Pennsylvania,  and  Rhode  Island. 
These  States  have  a  value  of  manufactured  products  per  cap- 
ita above  the  average  value  per  capita  in  the  United  States. 
In  forty  States  and  Territories  the  birth-rate  and  the  value  of 
the  manufactured  products  per  capita  are  opposed,  twent)-- 
seven  having  a  high  birth-rate  and  a  low  value  of  manufac- 
tured products.  Twelve  of  these  have  also  a  low  density  of 
population,  a  low  death-rate  from  nervous  diseases,  and  a  low 
value  of  agricultural  products  per  acre  of  improved  land. 
Of  the  remaining  thirteen,  which  have  a  low  birth-rate  and 
a  high  value  of  manufactured  products,  nine  have  also  a  high 
density  of  population,  a  high  death-rate  from  nervous  diseases, 
and  a  high  value  of  agricultural  products  per  acre  of  improved 
land.  In  other  words,  twenty-one  of  the  forty-seven  States  and 
Territories  cohere  in  density,  deaths  from  nerv^ous  diseases, 
agricultural  values  per  acre  of  improved  land,  and  the  value 
of  manufactured  products  per  capita,  and  have  a  birth-rate 
opposed  to  all  of  these  factors.  If  the  factor  showing  the 
intensity  of  agricultural  cultivation  be  omitted,  the  results 
are  even  more  noticeable.  In  thirty-seven  States  and  Terri- 
tories the  value  of  the  manufactured  products  per  capita 
coheres  with  the  death-rate  from  ner\^ous  diseases  and  op- 
poses the  birth-rate,  and  in  four  States  the  three  cohere;  thus 
in  forty-one  of  the  forty-seven  States  and  Territories  the 
value  of  the  manufactured  products  per  capita  and  the  deaths 
from  nervous  diseases  cohere. 


SiGNIFICANCK  OF  A   DECREASING   BiRTH-RaTE.         77 

In  thirty-five  States  and  Territories  the  value  of  the  manu- 
factured products  per  capita  coheres  with  the  density  per 
square  mile  of  area  of  settlement  and  is  opposed  to  the  birth- 
rate, and  in  three  States  the  three  cohere,  making  thirty- 
eight  States  and  Territories  in  which  the  value  of  the  manu- 
factured products  per  capita  and  the  density  of  population 
cohere. 

In  thirty-three  States  and  Territories  the  value  of  the  man- 
ufactured products  per  capita  coheres  with  both  the  density 
of  population  and  the  deaths  from  nervous  diseases  and 
opposes  the  birth-rate,  while  in  two  States  the  four  cohere. 
Thus  in  thirty-five  of  the  forty-seven  States  and  Territories 
in  the  United  States,  the  conditions  of  density,  manufactured 
wealth,  and  deaths  from  nervous  diseases  are  similar,  and  in 
thirty-three  of  these  States  and  Territories  they  directly 
oppose  the  birth-rate. 

The  only  conclusion  to  be  drawn  from  such  facts  is  that 
the  conditions  of  advancing  civilization  are  actually  lowering 
the  birth-rate,  and  that  the  conditions  of  a  simpler  agricultu- 
ral life  favor  a  high  birth-rate. 

Through  the  courtesy  of  Mr.  George  K.  Holmes  of  the 
Department  of  Farms,  Homes,  and  Mortgages  of  the  United 
States  Census  Bureau,  the  figures  of  the  eleventh  census  have 
been  obtained  in  advance  for  the  mortgage  indebtedness  and 
the  values  of  agricultural  products  per  acre  of  improved 
land.  As  the  figures  of  the  birth-rate  per  thousand  women 
of  child-bearing  age  are  not  yet  available,  these  statistics  are 
compared  with  the  figures  of  the  birth-rate  per  thousand 
of  population,  which  were  given  by  Dr.  Billings  in  his  arti- 
cle on  "The  Diminishing  Birth-rate  in  the  United  States."* 
The  statistics  of  density  of  population!  per  square  mile,  the 
area  of  settlement,  and  the  value  of  manufactured  pro- 
ducts J  are  already  published  so  that,  with  the  exception  of 

•  The  Forum,  June,  1893. 

t  "Compendium  of  the  Eleventh  Census  Report,"  Part  1. 

I  "  Extra  Census  Bulletin,"  No.  67. 


78 


Annaxs  of  the  American  Academy. 


the   death-rate   from   nervous  diseases,  approximately  the 
same  comparisons  that  were  made  for  1880  can  be  made  for 
1890.     The  States  of  North  Dakota  and  South  Dakota  will 
be  omitted  in  this  study,  as  their  birth-rates  are  not  given. 
TABI.E  VII. 

BIRTH-RATES  AND   FACTORS  OF  ECONOMIC  CONDITION,  189O. 


States  and 

Territories, 

1890. 


o 

H 

it 


at 


& 


2§ 

r->  (4.4 

III 

sag 


9  u 

s  ^ 


Pi! 


United  SUtes 
Alabama  .  . 
Arizona   .   . 
Arkansas    . 
California   . 
Colorado     . 
Connecticut 
Delaware     .    , 
Dist.  of  Columbia 
Florida    .   .    , 
Georgia    .    .    , 
Idaho   .... 
Illinois     .   .   . 
Indiana    .   .   . 
Iowa     .... 
Kansas     .    .   . 
Kentucky    .    . 
Louisiana    .    . 
Maine  .    .    .    ■ 
Maryland    .    . 
Massachusetts 
Michigan    .    . 
Minnesota  .   . 
Mississippi .  . 
Missouri  .   .    . 
Montana .   .   . 
Nebraska    .   . 
Nevada    .   .    . 
New  Hampshire 
New  Jersey . 
New  Mexico 
New  York  . 


26.68 

3039 
24,94 

33.78 
19.41 
25.09 
21.26 
24.89 
23.07 
28.30 

30.31 
27.14 

27.63 

25.29 

26.15 

28.16 

2945 

29.57 

17.99 

25.87 

21.51 

24.80 

29.94 

30.10 

28.72 

22.81  I 

29.22  ' 

16.35  j 

18.37  1 

25.16 

34.08 

23.28  I 


32.16 
29.38 

2.42 
21.27 
12.51 

6.02 

154.03 

85.97 

3544.50 

9.53 
31.15 

2.16 

68.33 
61.05 
34.46 
17.63 
46.47 
24.63 

25.69 

105.72 

278.48 

36.46 

23.14 

27.83 

38.98 

2.82 

16.79 

3.83 

42.65 

193.82 

3.37 
128.76 


21.31 
29.36 

0.53 
21.27 

7.75 

3.98 

154.03 

85.97 

3839.87 

7.22 

31.15 
i.oo 

68.33 
61.05 

34.46 
17.47 
46.47 
24.63 
22.11 

105.72 

278.48 
36.46 
16.44 
27.83 
38.98 
0.91 
13.78 
0.42 
41.80 

193.82 
1.25 

125.95 


16.88 

I149.63 

8.60 

44.43 

10.05 

15.89 

9.70 

20.09 

7.12 

176.64 

7.20 

103.06 

12.99 

332.78 

8.50 

222.99 

37.69 

170.72 

10.55 

46.56 

8.70 

37.51 

6.35 

.     16.54 

7.20 

237.47 

6.27 

103.46 

6.27 

65.41 

4.26 

77.23 

5.58 

68.18 

14.40 

51.68 

7.24 

144.75 

7.75 

164.85 

16.94 

396.69 

8.48 

132.72 

6.40 

147.51 

10.71 

14.51 

5-55 

120.89 

6.85 

41.67 

4.38 

87.86 

3.74 

24.15 

7.97 

227.79 

14.51 

244.43 

6.78 

9.87 

9.86 

285.37 

I96.00 

26.00 

39.00 

13.00 

200.00 

206.00 

107.00 

96.00 

226.00 

40.00 

15.00 

38.00 

100.00 
Si.oo 

104.00 

170.00 
25.00 
25.00 
49.00 
62.00 

144.00 
72.00 

152.00 
15.00 
80,00 
66.00 

126.00 
48.00 
50.00 

161.00 
43.00 

268.00 


SiGNIPICANCK   OF   A    DRCREASING   BiRTH-RaTE.         79 


TABLE  WW.— Continued. 


Statbs  and 

Tkrritoriks, 

1890. 


North  Carolina  . 

Ohio 

Oregon    •    •    •    • 
Pennsylvania 
Rhode  Island 
South  Carolina  . 
Tennessee  .    .    . 

Texas 

Utah 

Vermont .... 
Virginia  .  .  .  . 
Washington  .  . 
West  Virginia  . 
Wisconsin  .  .  . 
Wyoming   .   .    . 


A  comparison  of  the  birth-rate  and  the  density  of  population 
per  square  mile  of  area  of  settlement  for  1890  (Tables  VII. 
and  VIII.)  shows  seventeen  States  and  Territories  in  which 
the  phenomena  cohere,  and  twenty-nine  in  which  they  oppo.se 
each  other ;  whereas  in  1880  they  were  opposed  in  thirty- 
nine  of  the  forty-seven  States  and  Territories.  This  increase 
of  coherences  may  be  partly  accounted  for  by  the  fact  that 
the  statistics  of  the  birth-rate  are  computed  on  the  basis  of 
the  total  population,  instead  of  on  the  basis  of  the  women 
l)etvveen  the  ages  of  fifteen  and  forty-nine,  as  in  1880.  In 
four  States  and  Territories  (Montana,  Oregon,  Washington, 
and  Wyoming)  in  which  the  phenomena  cohere,  the  birth- 
rate is  below  the  average  for  the  United  States,  whereas  in 
1880,  when  the  birth-rate  was  given  per  thousand  women 
between  fifteen  and  forty-nine  years  of  age,  it  was  above  the 


8o 


Annals  of  the  American  Academy. 


TABLE  VIII. 

COMPARISON  OF  BIRTH-RATES  AND  FACTORS  OF  ECONOMIC 
CONDITION,  1890. 


STATU 

Asa>  TssRiToaiES, 

1890. 


Variation  abovb  o&  below  thb  Average. 


n 


si's 

«i  s  o 


'A 


Mi 

^22  5 

9  S  V  w 

•32  p.  p. 


h6L 
•3'2'o.l 


Alabama 

Arizona 

Arkansas 

California 

Colorado 

Connecticut    .... 

Delaware 

District  of  Columbia 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas. 

Kentucky 

Louisiana 

Maine 

Maryland 

Maasachusetts  .  .  . 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Merada 

New  Hampshire  .  . 
New  Jersey  .  .  .  . 
New  Mexico  .  .  .  . 

New  York 

North  Carolina  .  .  . 

Ohio 

Oregon  

Pennsylvania  .  .  . 
Rhode  Island .... 
South  Carolina  .  .  . 

Tennessee 

Texas 

UUh 

Vermont  .... 

Virginia 

Washington  .  .  .  . 
West  Virginia    .  .  . 

Wiaoonsin 

Wyoming 


+3.71 
—1.74 
+7.10 
—7.27 
—1.59 
—5-42 
-1.79 
-3.61 
+  1.62 
+3.63 
+0.46 
+0.95 
—1-39 

+i'4» 
+2.77 
+2.89 
-8.89 
—0.81 

+3-^6 
+3-42 
+2.04 
-3.87 
+2.54 
—10.33 
-8.31 
-1.52 
+7.40 
-3.40 
+3.23 
—2.60 
—4.19 
—0.99 
— 4..I0 
+4.39 
+3-92 
+4.59 
+4-52 
-8.17 
+0.44 
—3.14 
+373 
+0.33 
—4.90 


Coherences  with  birth  rate  . 
Oppositions  to  birthrate  .  . 

Total  SUtes  and  Territories 


-2.78 
-29.74* 
—10.89 
—19.65* 
—26.14* 
+121.87 
+53.81 
+3512.34 
—22.63 

— 1 .01 
—30.00 
+36.17* 
+28.89 

+2.30 
—14.53 
+14.31* 

-6.47* 
+73.56 
+246.32 
+4.30 
—9.02 
—4.33 
+6.82* 
—29.34* 
-15.37^ 
-28.33* 
+  10.49 
+161.66 
—28.79 
+96.60 
+1.16* 
+57.94^ 
-25.37* 
+84.72 
+286.28 
+6.00* 
+  10.18* 
—17.34 
—24.45 
+4.23 
+9.11* 
—22.70* 
— 1.21 
+0.82* 
—29.50* 


46 


+8.05* 
—20.78* 
— 0.04 
-13.56* 
-17-33* 
+  132.72 
+64.66 
+3818.56 
—14.09 

+9.84* 
—20.31 
+47.02* 
+39-74 
+13.15 

-3.84^ 
+25.16* 

+3.32* 

+0.80 

+84-41 

+257-17 

+15-15 

-4.87 

+6.52* 
+17-67* 
—20.40* 

-  7-53^ 
—20.89* 
+20.49 

+  172.51 
— 20.06 

+  104.64 
+11.99* 
+68.79 
—17.99* 
+95.57 

+297.13 
+  16.85* 
+21.03* 

+15.08 
+19.96* 

— 16.09* 

1  +9-64* 

+9.67* 

—20.69* 


+$1-72* 
+3-17^ 
+2.82* 

+0.20 
+0.32 

+6.11 

+1.62 

+30.81 
+3.67* 
+1.82* 

-0-53^ 
+0.32* 
—0.61* 
—0.61* 
—2.62 

+7-52* 
+0.36 
+0.87 
+10.06 
+  1.60 
—0.48 
+3-83* 
-1.33 
—0.03* 
— 2.50 
—3-14* 
+1.09 

+7-63 

— 0.10 

+2.98 

—0.48 

+0.39 

-1.47* 

+2..50 

+8.49 

+2.80* 

—0.98 
—1.50 
+2:04* 
+0.79 

—2.25 

+0.63 
—2.39 
+0.37* 
—2.18* 


-II05.20 

—133-74* 

—129.54 

+27.01 

-46.57* 

+183.15 

+73.36 

+21.09 

—103.07 

— 112.12 

—133.09^ 

+87.84* 

+46.17 

—84.22* 

—72.40 

—81.45 

+15.22 
+247.06 

—16.91* 

—2.12 
—135.12 

-28.74 
—107.96* 

-61.77 
-125.48* 

+78.16 

+94.80 
—139.76 
+135-74 
—124.67 

+25.11 
-17.58* 
+  103.61 
+262.81 
—121.89 
—108.69 
—118.12 
—106.77 
-34-29* 
-96.27 
—30.08* 
-98.89 
—2.29 
— 110.63* 


46 


46 


46 


«'?.  ^iPS.®'***  (Delaware)  the  mortgage  debt  per  capita  is  the  same  as  for  the 


SiGNIFICANCB  OF  A  DECREASING   BirTH-RaTE.        8 1 

average ;  in  Illinois  the  change  is  the  other  way.  The 
excess  of  men  in  the  population  of  Montana,  Oregon,  Wash- 
ington, and  Wyoming  tends  to  make  the  birth-rate  per  thous- 
and of  population  proportionally  much  lower  than  that  per 
thousand  of  women  between  the  ages  of  fifteen  and  forty- 
nine.*  It  may  therefore  be  assumed  that,  if  the  birth-rates 
were  calculated  on  the  same  basis  as  were  those  of  1880, 
these  States  and  Territories  would  have  higher  rates  than 
tlie  average  for  the  United  States,  and  would  show  opposi- 
tion instead  of  coherence  in  the  phenomena  of  birth-rate  and 
density.  In  three  of  the  States  in  which  the  phenomena 
cohere,  (Missouri,  North  Carolina,  and  Wisconsin),  the 
density  has  increased  so  that  it  is  above  the  average  instead 
of  below,  as  in  1880.  The  figures  of  the  birth-rate  are  also 
slightly  above  the  average.  It  is  impossible  to  judge  whether 
or  not  they  would  fall  below  the  average,  if  they  were  com- 
puted on  the  basis  of  the  number  of  women  between  the 
ages  of  fifteen  and  forty-nine.  One  State  only  (Maine) 
remains  to  be  accounted  for.  During  the  last  ten  years 
Maine  has  added  eight  thousand  square  miles  to  its  area  of 
settlement,!  and  yet  its  total  population  has  increased  only 
12,150,1  or  about  1.5  persons  have  been  added  for  each  ad- 
ditional square  mile  of  area  of  settlement.  This  fact  indi- 
cates that  the  popxilation  in  other  parts  of  the  State  must 
have  decreased,  as  all  land  with  less  than  two  inhabitants 
per  square  mile  is  counted  as  unsettled  area.  These  facts 
make  plain  the  cause  of  the  great  decrease  in  density  per 
square  mile  of  area  of  settlement  in  Maine,  which  brings  it 
below  the  average  for  the  United  States.  The  birth-rate  re- 
mains below  the  average,  as  in  1880.  With  the  exception 
of  Montana,  Oregon,  Washington,  and  Wyoming,  there  are 
only  thirteen  States  and  Territories  in  which  the  phenomena 
of  density  and  birth-rate  cohere,  and  in  eight  of  these  the 

*  In  Montana  there  are  43,605  more  men  than  women ;  in  Oregon  49,913 ;  la 
Washington  85,734 ;  in  Wyoming  17,981. 
t  "  Compendium  of  the  Eleventh  Census  Report,"  I.  p.  xlvii. 
X  "  Compendium  of  the  Eleventh  Census  Report."  p.  4,  Table  I.  b. 


82  Annals  op  the  American  Academy. 

phenomena  cohered  in  1880.  The  remaining  five  have 
ah-eady  been  discussed.  The  conclusion  is  that  in  at  least 
twenty-five  of  the  States  and  Territories  the  density  and  the 
birth-rate  per  thousand  women  between  the  ages  of  fifteen 
and  forty-nine  are  opposed. 

The  comparison  of  farm  values  per  acre  of  improved  land 
with  the  birth-rates  for  1890  shows  apparently  an  exact  coin- 
cidence with  the  results  of  the  similar  comparison  for  1880. 
In  sixteen  States  and  Territories  the  phenomena  cohere; 
they  oppose  each  other  in  thirty  (Tables  VIII  and  VI). 
In  fourteen  of  the  forty-six  States  and  Territories,  however, 
the  phenomena  have  changed  their  relative  positions,  but  in 
such  a  way  as  to  make  the  total  result  the  same  :  in  seven 
States  and  Territories  (New  Mexico,  North  Carolina,  Califor- 
nia, Maine,  New  Hampshire,  Vermont,  and  Washington), 
the  phenomena  cohered  in  1880  and  are  opposed  in  1890;  in 
seven  States  and  Territories  (Illinois,  Indiana,  Iowa,  Mon- 
tana, Nevada,  Oregon,  and  Wyoming),  they  were  opposed 
in  1880,  and  cohere  in  1890.  In  six  of  these  States  and  Ter- 
ritories (Illinois,  Iowa,  Montana,  Oregon,  Washington,  and 
Wyoming),  the  variation  results  from  the  change  in  the 
birth-rate  which  has  already  been  explained  in  comparing 
the  statistics  of  birth-rate  and  density  for  1 880  and  1 890. 
The  variation  in  the  remaining  eight  States  and  Territories  is 
caused  by  the  change  in  farm  values:  in  four  States  and  Terri- 
tories (Indiana,  Nevada,  New  Mexico,  and  North  Carolina), 
the  farm  values  per  acre  of  improved  land  were  above  the 
average  for  the  United  States  in  1880,  and  are  below  it  in 
1890;  and  in  four  States  (California,  Maine,  New  Hamp- 
shire, and  Vermont) ,  the  opposite  change  has  taken  place.  If 
the  four  States  (Montana,  Oregon,  Washington,  and  Wyom- 
ing) whose  birth-rates,  if  computed  on  the  same  basis  as 
those  of  1880,  would  probably  have  had  a  different  relation  to 
the  average  rate  for  the  United  States,  be  considered  to  vary 
in  relation  to  farm  values  as  they  did  in  1880,  it  will  be  seen 
that  thirty-six  of  the  forty-six  States  and  Territories  show  the 


Significance  of  a  Decreasing  Birth-Rate.      83 

same  relations  of  the  phenomena  of  birth-rate  and  farm 
values  in  1890  that  they  did  in  1880.  This  coincidence  is 
but  another  proof  that  there  is  some  dependence  of  the  one 
upon  the  other. 

A  comparison  of  the  birth-rate  with  the  values  of  manu- 
factured products  per  capita  in  1890  (Table  VIII.)  shows 
twelve  States  and  Territories  in  which  the  phenomena  cohere 
and  thirty-four  in  which  they  oppose  each  other.  If  the 
four  States  (Montana,  Oregon,  Washington,  and  Wyoming), 
whose  birth-rate  is  estimated  as  above  the  average  for 
the  United  States  when  computed  on  the  basis  of  the 
number  of  women  between  the  ages  of  fifteen  and  forty -nine, 
be  so  counted,  the  phenomena  of  the  birth-rate  and  the  val- 
ues of  manufactured  products  per  capita  will  oppose  each 
other  in  thirty -eight  of  the  forty-six  States  and  Territories. 
The  coherences  and  the  oppositions  for  1 890  are  almost  iden- 
tical with  those  of  1880;  in  five  States  only  (Illinois,  Indiana, 
Iowa,  Maine,  and  the  District  of  Columbia)  is  there  a  differ- 
ence, if  Montana,  Oregon,  Washington,  and  Wyoming  be 
omitted.  In  Illinois  and  Iowa,  the  relative  position  of  the 
birth-rate  has  changed;  in  Indiana  and  the  District  of  Colum- 
bia, the  value  of  manufactures  per  capita  has  in  1 890  risen 
above  the  average  for  the  United  States;  in  Maine  it  has  fallen 
below  the  average;  therefore,  in  forty-one  of  the  forty-six 
States  and  Territories  the  relative  conditions  of  manufactures 
and  the  birth-rate  are  the  same  in  1890  as  they  were  in  1880. 

If  the  average  rates  for  the  United  States  in  1880  and  in 
1890  be  compared,  the  results  obtained  from  the  preceding 
detailed  comparisons  are  confirmed.  The  birth-rate  has 
diminished  from  30.95  per  thousand  of  population  to  26.68.* 
The  value  of  agricultural  products  per  acre  of  improved  land 
has  also  decreased:  in  1880  it  was  $7.77;  in  1890,  $6.88. 
The  density  per  square  mile  of  area  of  settlement  has  in- 
creased from  31.96  to  32.16,  and  the  density  per  square  mile 

•  Billings,  "  The  Diminishing  Birth-rate  in  the  United  SUte*."— 7»*  /^mn, 

June,  1893. 


84  Annals  of  the  American  Academy. 

of  total  land  surface,  from  17.29  to  21.31.  And,  finally,  the 
value  of  manufactured  products  has  risen  from  $106.50  per 
capita  to  $149.63. 

In  his  study  of  the  conditions  of  mortgage  indebtedness 
in  the  United  States,  Mr.  Holmes  has  shown  that  the  mort- 
gage debt,  in  general,  increases  with  expanding  prosperity. 
We  should  therefore  expect  it  to  show  coherence  with  the 
density,  the  value  of  manufactured  products,  and  to  some 
extent  with  the  values  of  agricultural  products  per  acre  of 
improved  land,  and  opposition  to  the  birth-rate.  A  compari- 
son of  the  statistics  proves  the  truth  of  this  assumption.  The 
phenomena  of  the  birth-rate  and  the  mortgage  debt  cohere 
in  sixteen  States  and  Territories  (Table  VIII),  and  are 
opposed  in  twenty-nine.  Of  the  sixteen  in  which  the 
phenomena  cohere,  three  of  the  four  mentioned  above  (Mon- 
tana, Oregon,  and  Wyoming)  must  be  put  among  those  in 
which  the  phenomena  oppose  each  other,  thus  making  thirty- 
six  in  this  class.  The  mortgage  indebtedness  is  above  the 
average  for  the  United  States  in  fifteen  States  (California, 
Colorado,  Connecticut,  the  District  of  Columbia.  Iowa, 
Massachusetts,  New  Jersey,  New  York,  Pennsylvania, 
Rhode  Island,  Washington,  Illinois,  Kansas,  Minnesota, 
and  Nebraska) .  Nine  of  these  have  a  value  of  manufactured 
products  per  capita  above  the  average  for  the  United  States. 
The  others  are  principally  western  farming  States  (Colorado, 
Iowa,  Washington,  Kansas,  Minnesota,  Nebraska). 

In  order  that  the  relative  rise  or  fall  of  the  various  factors 
chosen  for  comparison  may  be  more  clearly  seen,  the  percent- 
ages of  variation  for  1880  have  been  calculated  for  the  five 
g^eat  divisions  given  in  the  census  reports : — the  North 
Atlantic,  the  South  Atlantic,  the  North  Central,  the  South 
Central,  and  the  Western  divisions.  The  results  are  shown  in 
Table  IX.  and  Chart  III.  In  every  division  the  death-rate 
from  nervous  diseases  coheres  with  the  value  of  the  manufac- 
tured products  per  capita,  and  both  oppose  the  birth-rate.  The 
North  Atlantic  division,  which  has  by  far  the  greatest  amount 


Significance  of  a  Decreasing  Birth-Ratb.      85 


of  manufacturing,  has  much  the  highest  death-rate  from 
nervous  diseases  and  the  lowest  birth-rate.  This  division 
has  also  the  greatest  density  and  the  highest  intensity  of 
agricultural  cultivation,  as  represented  by  the  value  of  agri- 
cultural products  per  acre  of  improved  land.  That  it  is  not 
mainly  an  agricultural  region  is  shown  by  the  low  rate  of 
agricultural  values  per  capita. 

TABLE  IX. 

BIRTH-RATBS  AND  FACTORS  OP  BCONOMIC  CONDITION  BY  GRAND 
DFVISIONS.  1880. 


Gkakd  Diviuoirs. 


ih 


mi 


k 


r 

lb 

2?E 


1 


f 


North  Atlantic 
6oath  Atlantic 
North  Central 
South  Central 
Western    .  .  . 


The  United  SUtes 


97-31 

163.08 
J3&48 


13354 
99.81 
I07»5 
ioa.31 
85.20 


127-50 


113.79 


33.71 
»-i.1 
6.90 


J9-50        159.38 
7.41  35.39 


6.09 


»-67 
53-64 


JI.96 


7.77  44-" 


I219.62 

J. 


106.50 


VARIATIONS  ABOVB  OK  BELOW  THX  AVBRAOB. 


North  Atlantic 
South  Atlantic 
North  Central 
South  Central 
Western    .  .  .  , 


—30.19 
+ao.45 

+  1.17 

+35.58 
-ho.98 


=1 

-11.47 
— a8.S9 


+66.34 

—  1.30 
+  1-75 

—  9.83 
— 25-06 


lis  z'm 

—0.39  +14-08 
+  a56 
+  9.53 


i?:a 


+113.12 

—  67.9* 

-i7.i» 


PXRCBNTAOBS  OF  VARIATIOX  ABOVB  OB  BBLOW  TRB  AVBBAOB. 


North  Atlantic 
Booth  Atlantic 
North  Central 
South  Central 
Western    .  .  . 


—23.68 
-f  16.00 

+17.36 

+»7.57 

+22.a7 

-31.13 

—12.29 

Tt3 

-4-63 

— ao.00 

.... 

+  0.9a 

z.tU 

-$M 

+3i.9» 

.... 

+a7.9i 

-576 

— aiiw 

•f  T 

.  .  .  . 

+  0.77 

-25.13 

-78.41 

+21.61 

+io&n 


With  one  exception  only  (the  North  Central  division), 
the  density  per  square  mile  of  area  of  settlement  coheres 
with  the  death-rate  from  nervous  diseases  and  the  values  of 
the  manufactured  products,  and  opposes  the  birth-rate;  and 
with    one  exception    (the  South  Central  division,   which 


86 


Annals  of  the  American  Academy. 


Significance  of  a  Decreasing  Birth-Rate.      87 

represents  a  large  population  of  indolent  colored  people) ,  the 
values  of  agricultural  products  per  acre  of  improved  land 
cohere  with  the  death-rates  from  nervous  diseases  and  the 
values  of  manufactured  products  and  oppose  the  birth-rate. 
On  the  other  hand,  the  agricultural  values  per  capita,  with 
the  exception  of  the  South  Atlantic  division,  cohere  with 
the  birth-rates  and  oppose  the  death-rates  from  nervous 
diseases  and  the  values  of  manufactured  products  per  capita. 

In  order  still  further  to  verify  the  conclusion  that  the 
birth-rate  and  the  death-rate  from  nervous  diseases  are 
usually  opposed,  comparisons  have  been  made  from  other 
available  statistics.  A  study  of  the  State  of  Massachusetts 
by  counties  shows  that  in  1885,  ^^  te^  counties,  the  birth- 
rate per  thousand  women  beUveen  the  ages  of  fourteen  and 
forty-nine  opposed  the  death-rate  from  nervous  diseases 
(Table  X.).  This  is  practically  the  same  result  as  that 
obtained  from  the  United  States  census  figures. 

A  comparison  of  the  birth-rate  with  the  density  of  popula- 
tion per  square  mile  g^ves  a  result  very  different  from  that  of 
the  United  States  census  statistics.  In  eight  of  the  fourteen 
counties,  the  birth-rate  and  the  density  cohere,  in  only  six 
do  they  oppose  each  other;  and  in  nine  of  the  fourteen 
counties  the  density  and  the  deaths  from  nervous  diseases  are 
opposed.  Another  unexpected  result  is  found  in  Table  XI. 
The  birth-rate  in  the  cities  of  Massachusetts  since  1870  has 
been  higher  than  in  the  rest  of  the  State.  These  facts,  which 
seem  to  be  contrary  to  the  results  obtained  for  the  United 
States  as  a  whole,  probably  may  be  accounted  for  (i)  by 
the  peculiar  race  conditions  in  Massachusetts;  and  (2)  be- 
cause in  the  cities  there  is  a  large  proportion  of  population 
between  the  ages  of  fourteen  and  forty-nine. 

The  rural  population  in  Massachusetts  consists  of  the  old 
New  England  stock  which  is  slowly  dying  out;  the  cities 
have  a  large  Irish  and  French  Canadian  population,  which 
is  very  prolific  and,  as  statistics  prove,  less  subject  to 
nervous  diseases  than  the  native  population.    These  peculiar 


88 


AnnaIvS  op  the  American  Academy. 


conditions  in  Massachusetts  are  anomalous  and  deserve  to  be 
the  subject  of  a  separate  investigation.  The  larger  propor- 
tion of  population  between  the  ages  of  fourteen  and  forty- 
nine,  which  probably  is  the  cause  of  the  higher  marriage- 
rate  in  the  cities  (Table  XI.),  must  be  an  important  factor  in 
increasing  the  birth-rate. 

TABLE  X. 

BIRTH-RATBS  IN  MASSACHUSETTS  WITH  COMPARISONS,    1885. 


m 

Death-rate    from 
nervous  diseases 
per  1000  deaths 
from      known 
causes. 

^1 

Variations  above  or  be- 
low THE  average. 

COUNTISS,   1885. 

i 

u         a; 

1 

Maiumrhusetts 

75-78 

75-74 
97.75 
67.04 

67.09 
89-74 
87.01 

122.88 
166.37 
128.21 
147.91 
221.70 
137-74 
119.40 
121.10 
164.63 
123.84 
132.80 

ill 

233-57. 
71-57. 
77-07 
270.01 
44.64 

11 

183.88 
81.19 
416.45 
190.92 
117.02 
8873-10 
152.91 

BamsUble 

Berkshire 

Briirtol 

Dukes  and  Nantucket 

BSflfT,                   

— 19.00 

+8.60 
+4.92 
-30.83 
-7.47 
-7-51 

-16.  t6 

tt5l 

+43-49 
+5-33* 
+25-03* 
-f  98.82 
-f  14.86 
-3-48* 
-1.78 

+0^96 

its, 

—162.00* 
—156.50 

+268.77 

Franklin 

Hampden 

Hampshire 

Middlesex 

Norfolk 

Plrmmith 

Suffolk 

Worcester   ...... 

-179-92* 
-49-69 

-152-39* 

+182.88 
-42.65* 

—116.55* 

Coherences  with  birth-rate 4 

Oppositions  to  birth-rate 10 

Total  counties 


14  14 

TABLE  XI. 
BIRTH-RATES  AND  MARRIAGE-RATES  IN  MASSACHUSETTS,  1890. 


BIRTH-RATES   PER  lOOO 
OP  POPUIvATlON. 

MARRIAGE 
RATES. 

Census  Years. 

28  Cities. 

Rest  of 

State. 

28  Cities. 

Rest  of 
State. 

1870 

1875 

1880 

1885  .   .      

1890 

Average  for  5  years 

28.9 

29.4 

Vi 
28.4 

28.4 

23.5 
23.0 
20.9 
21.3 
21.7 
22.0 

11.8 
9.2 

9.6 
10.2 
10. 0 

8.4 

1:1 

7.5 

7.8 
7.7 

Taken  from  the  Registration  Report  of  Massachusetts  for  1890  (pp. 
372-373). 


Significance  op  a  Decreasing  Birth-Rate.      89 

The  following  conclusions  may  therefore  be  drawn  from 
the  preceding  study: 

1 .  Whether  or  not  it  be  true  that  the  means  spoken  of  by 
Dr.  Billings,  M.  Dumont,  M.  Levasseur,  and  Dr.  Edson  has 
become  an  important  factor  in  the  diminishing  birth-rate  of 
civilized  countries,  it  is  evident  that  it  is  not  the  only  factor, 
and  that,  quite  apart  from  voluntary  prevention,  there  is  a 
distinct  problem  to  be  investigated.  This  is  shown  by  the 
fact  that  the  white  and  the  colored  birth-rate  vary  together. 

2.  Mr.  Spencer's  generalization  that  the  birth-rate  dimin- 
ishes as  the  rate  of  individual  evolution  increases  is  con- 
firmed by  a  comparison  of  the  birth-rates  with  the  death- 
rates  from  nervous  diseases,  and  also  with  the  density  of 
population,  the  values  of  agpricultural  and  manufactured  pro- 
ducts, and  the  mortgage  indebtedness. 

3.  The  Malthusian  theory  in  general,  that  population 
tends  to  increase  faster  than  the  means  of  subsistence,  is  not 
true  of  the  United  States  at  the  present  time.  In  the  regions 
where  wealth  increases  most  rapidly,  the  population  increases 
most  slowly. 

It  is  hoped  that  this  study  may  be  continued  when  the  full 
statistics  for  1890  are  published,  unless  the  work  is  done  by 
the  census  office,  and  that  ultimately  a  more  complete  inves- 
tigation, on  a  different  basis,  may  be  made  by  taking 
statistics  from  the  registration  reports  of  several  States  and 
making  the  comparisons  by  counties  and  townships. 

J.  I/.  Brownell. 

Bryn  Mawr  CoUegt. 


RENT  AND  PROFIT. 

Not  a  little  of  the  confusion  in  recent  economic  literature 
would  seem  to  be  due  to  the  attempt  to  force  the  new  wine 
of  more  modem  concepts  into  the  old  bottles  of  Ricardian 
dicta.  This  is  nowhere  more  evident  than  in  the  varied 
and  conflicting  duties  which  of  late  we  have  imposed  upon 
the  term  "rent." 

To  the  Ricardian  school  of  economics  the  price  of  every 
product  contained  two  elements,  "cost"  and  "rent."  By 
the  former,  they  understood  the  cost  at  the  margin  of  produc- 
tion; by  the  latter,  the  surplus  obtained  by  those  enjoying 
special  advantages  in  the  production  of;  any  commodity — the 
differential  surplus — as  it  is  sometimes  called.  They  also 
held,  that  while  the  first  enters  into  the  determination  of 
price,  the  second  is  a  surplus  that  is  determined  by  price. 

To  these  two  concepts  recent  literature  has  added  a  third, 
namely,  a  surplus  which  does  enter  into  the  determination 
of  price;  or,  as  it  is  usually  stated,  "there  is  a  marginal 
surplus. '  * 

Some  foreshadowing  of  this  new  concept  may  be  found  as 
early  as  1829.  And  yet  not  a  little  confusion  may  still  be 
found  in  the  writings  of  its  strongest  advocates,  due  to  the 
fact  that  they  continue  to  include  both  the  "price-deter- 
mined" and  the  "  price-determining  surplus,"  under  the  one 
term  "rent." 

The  old  contention,  that  cost  determines  exchange  value, 
seems  to  involve  the  assumption  that  there  is  no  surplus  at 
the  margin  of  production;  or,  as  it  is  sometimes  stated, 
** there  is  always  some  no- rent  land."  This  assumption, 
however,  was  not  accepted  without  protest,  even  by  the 
adherents  of  the  Ricardian  school. 

J.  S.  Mill  files  exceptions  to  it,  all  through  chapters  4,  5 
and  6,  Book  III,  and  in  the  latter  sums  up  as  follows:  "  Rent 

(90) 


Rent  and  Profit.  91 

is  not  an  element  in  the  cost  of  production  of  the  commodity 
which  yields  it,  except  in  the  case  (rather  conceivable  than 
actually  existing)  in  which  it  results  from  and  represents  a 
scarcity  value.  But  when  land  capable  of  yielding  rent  in 
agriculture  is  applied  to  some  other  purpose,  the  rent  which 
it  would  have  yielded  is  an  element  in  the  cost  of  production 
of  the  commodity  which  it  is  employed  to  produce.**  It  is 
manifest  that  we  have  here  a  recognition  of  the  **  marginal  '* 
or  *  *  price-determining  surplus. ' '  * 

Professor  S.  N.  Patten,  in  his  "Premises  of  Political 
Economy,"  gives  us  possibly  the  fullest  statement  of  this 
phase  of  the  question,  and  holds  that  the  contention  of  a 
no-rent  land  fails  on  five  different  counts:  "  First,  to  obtain 
uncultivated  land  for  tillage,  farmers  must  compete  with 
those  who  can  afford  to  pay  rent  for  uncultivated  land  by 
using  it  for  pasture,  for  wood  and  many  similar  purposes. 
For  this  reason  the  poorest  land  in  cultivation  must  pay  rent, 
since  if  the  farmers  will  not  pay  rent,  the  landlords  would  let 
it  to  herders  and  others  who  could  afford  to  give  much  for 
the  use  of  uncultivated  land." 

It  will  hardly  be  necessary  to  follow  Professor  Patten 
through  his  other  four  counts;  the  fundamental  thought 
nmning  through  these,  as  through  all  the  protests  against 
the  contention  of  a  no-rent  land,  is  in  simple,  as  follows:  If 
certain  lands  or  farms,  however  much  they  vary  among  them- 
selves in  fertility  and  distance  from  market,  are  yet  all  of 
them  distinctly  superior  to  all  other  lands  for  the  production 
of  a  certain  brand  of  wine,  and  the  supply  of  such  land  is 
relatively  limited,  two  forms  of  surplus  may  arise.  The 
variations  in  fertility  and  distance  from  market,  within  the 
the  g^oup,  will  give  rise  to  a  "  price-determined  surplus  "  — 
the  old  Ricardian  rent.  So  long  as  all  this  land  is  specially 
efficient  in  the  growing  of  this  wine,  and  the  supply  of  this 

•  The  German  literature  on  thia  point  is  quite  intercstinir.  esftccially  NebenittS. 
1829.  and  Herman.  185a.  For  a  fuller  treatment,  aee  the  writer*a  "  Biatory  of  tlie 
General  Doctrine  of  Rent  in  German  Bconomica." 


92  Annals  of  the  American  Academy. 

land  remains  relatively  limited,  the  marginal  land,  in  com- 
mon with  all  other  land,  will  be  able  to  secure  an  additional 
surplus,  due  to  scarcity.  This  last  surplus  is  enjoyed  by  the 
marginal  producer  in  common  with  every  other  member  of 
the  group,  and  enters  into  the  determination  of  the  price  of 
the  commodity  produced  by  the  group. 

Let  us  now  return  to  the  above  quoted  passage  from  Mill. 
In  this  it  is  clear  that  Mill  approached  this  question  from  the 
standpoint  of  the  Ricardian  theory — value  is  determined  by 
cost.  He  therefore  regarded  scarcity  value,  and  hence  the 
surplus  due  to  scarcity  as  of  rare  occurrence.  Professor 
Patten,  on  the  other  hand,  urges  that  Ricardo  himself  had 
made  serious  breaches  in  this  theory  of  value.  * '  He  was 
compelled  to  make  so  many  exceptions  to  it  that  its  utility  in 
explaining  the  relation  of  value  to  cost,  was  much  reduced. 
.  .  .  .  In  fact,  when  money,  the  products  of  land  and 
of  international  trade  are  excluded  from  the  operation  of  the 
general  law  of  value,  in  a  modem  nation  there  does  not 
remain  much  of  the  general  law  to  follow.  Scarcity  has 
become  almost  as  important  and  universal  an  element  in 
value  as  has  the  quantity  of  labor. ' '  * 

But  whether  we  agree  with  Mill  or  with  Patten,  it  still 
remains  true  that  both  forms  of  surplus  may  and  do  arise. 
Again,  since  the  "  surplus  due  to  scarcity  "  enters  into  the 
determination  of  price,  it  stands  in  direct  antithesis  to  the 
older  form  of  surplus,  which  does  not  determine,  but  is  deter- 
mined by  price.  Hence,  confusion  will  result,  if,  without 
any  further  attempt  to  distinguish  between  them,  we  con- 
tmue  to  speak  of  both  forms  of  surplus  as  **  rent." 

These  two  forms  of  surplus  might  be  called,  as  they  some- 
times are,  the  "differential"  and  ''marginal  surplus;"  or 
the  first  might  be  called  the  "individual  "  and  the  second 
the  *•  group  surplus;"  or  we  might  call  the  first  a  "  price- 
determined  ' '  and  the  second  a  '  *  price-determining  surplus. ' ' 

•"The  Theory  of  Dynamic  Economics,"  page  30. 


Rent  and  Profit. 


93 


In  other  words  the  first   might  be  variously  characterized 
as  a 

DIFFERENTIAL, 
INDIVXDUAL 

or 

PRICE-DETERMINED      ^ 

while  in  the  second  we  have  a 


SURPLUS. 


SURPLUS. 


MARGINAL, 
GROUP 

or 

PRICE-DETERMINING 

The  question  now  arises:  Which  of  these  terms  brings 
out  in  the  clearest  manner  the  essential  economic  difference 
between  these  two  forms  of  surplus  ?  We  can  only  answer, 
that  since  the  first  inception  of  the  doctrine  of  rent,  the 
* '  price-determined  ' '  element  of  the  concept  has  been  recog- 
nized as  the  fundamental  condition  of  "rent."  Hence, 
though  the  last  pair  of  terms  are  cumbersome,  we  will  have 
recourse  to  them  throughout  the  present  discussion,  because 
they  keep  before  the  mind  the  fundamental  antithesis  be- 
tween these  two  forms  of  surplus;  one  '*  price-determined  " 
and  the  other  "price-determining."  As  the  argument  pro- 
ceeds, it  will  be  seen  that  the  use  of  other  terms,  like  '*  mar- 
ginal "  and  "differential  surplus,"  has  resulted  in  some 
confusion,  for  the  reason  that  they  do  not  keep  this  funda- 
mental distinction  ever  before  the  mind.  Again  some  writers, 
while  recognizing  this  distinction  in  connection  with  the 
entrepreneur's  surplus,  are  not  so  dear  when  they  come  to 
discuss  the  surplus  from  land. 

Professor  Commons,  in  his  **  Distribution  of  Wealth," 
mars  the  usefulness  of  an  otherwise  excellent  book,  in 
this  way.  In  his  discussion  of  the  entrepreneur's  profit,  he 
endeavors  to  maintain  this  distinction,  speaking  of  the  first 
form  of  surplus  as  "personal  or  temporary  profits,"  and  of 
the  second  as  "permanent   or  monopoly  profits."     How 


94     Annai^  of  the  American  Academy. 

apt  these  terms  are  we  will  not  here  stop  to  inquire;  they 
have,  however,  this  merit;  they  are  a  conscious  endeavor, 
to  preserve  the  distinction  between  these  two  forms  of  sur- 
plus, in  our  terminology.  But  it  can,  we  think,  be  shown, 
that  he  has  not  been  so  careful  in  his  discussion  of  the  sur- 
plus from  land.  To  that  end  let  us  inquire  as  to  his  use  of 
the  term  "rent." 

First,  note  that  this  writer  follows  President  Walker, 
calling  the  surplus  from  land — rent,  and  the  surplus  of  the 
entrepreneur — ^profit.  Again,  he  subdivides  the  latter;  his 
"  personal  "  or  "  temporary  profits  "  being  identical  with  our 
"  price -determined  surplus,"  while  his  **  permanent "  or 
"  monopoly  "  profits  are  identical  with  our  "  price-determin- 
ing surplus."  With  this  in  mind  let  us  turn  to  page  229, 
where  he  writes,  *  *  A  continually  growing  surplus  falling  to 
the  owners  of  monopoly  privileges,  which  becomes  petrified . 
in  the  form  of  rent  and  permanent  or  monopoly  profits. ' ' 
It  is,  I  think,  fair  to  assume,  that  he  here  means  by  "  rent:" 
that  surplus  from  land  which  is  the  same  in  kind  as  the 
* '  permanent  or  monopoly  profits ' '  of  the  entrepreneur.  In 
other  words,  he  is  speaking  of  the  "  price-determining  sur- 
plus ' '  from  land  as  the  '  *  rent ' '  of  land. 

On  the  other  hand  he  says,  page  203:  **  If  adjoining  land 
is  better,  it  will  pay  more  rent;  if  poorer,  less  rent."  That 
he  is  here  speaking  of  the  *' price-determined  surplus," — 
the  old  Ricardian  rent — need  hardly  be  urged.  Or,  he  ap- 
plies the  term  ' '  rent, ' '  to  both  forms  of  the  surplus  from 
land,  without  any  attempt,  so  far  at  least  as  the  context  of 
these  passages  is  concerned,  to  distinguish  between  them. 
Nor  can  he  plead  ignorance  of  the  existence  of  the  two  forms 
of  surplus;  on  the  contrary,  he  quotes  quite  freely  from 
Professor  Patten  in  support  of  the  contention,  that  there  is  a 
surplus  which  enters  into  the  determination  of  price.  Again, 
in  his  discussion  of  the  entrepreneur's  return,  he  endeavors 
to  preserve  the  distinction  between  the  two  forms  of  surplus 
by  giving  them  separate  names. 


Rent  and  Profit.  95 

In  one  instance  at  least,  he  has  endeavored  to  find  sepa- 
rate names  for  the  two  forms  of  surplus  from  land.  On 
page  221,  he  says:  '*  As  soon  as  land  is  cultivated  at  all  suc- 
cessfully, it  yields  a  permanent  rent,  and  this,  if  it  be  the 
poorest  land  in  use  for  the  production  of  the  commodity  in 
question,  becomes  a  permanent  part  of  the  expenses  of  pro- 
duction of  that  commodity.  The  superior  rents  paid  out  of 
the  same  commodity  where  it  is  produced  on  superior  land, 
are  again  an  additional  surplus  growing  out  of  the  superior 
advantages  of  such  lands,  and  are  only  partly  to  be  consid- 
ered as  expenses  of  production." 

Here  corresponding  to  his  * '  permanent  or  monopoly 
profits,"  we  have  "permanent  rent;"  while  for  "personal 
or  temporary  profits,  * '  we  have  *  *  superior  rent. "  If  he  had 
called  the  last  "  temporary  rent,"  it  would  have  the  merit 
of  being  coherent  with  his  terminology  of  profit,  no  matter 
how  faulty  that  may  be.  Instead,  he  preserves  this  termi- 
nology in  one  case,  only  to  depart  from  it  in  the  other. 
That  this  lack'  of  persistency  or  consistency  in  terminology 
will  prove  confusing  to  the  average  reader,  need  hardly  be 
urged. 

In  the  Quarterly  Journal  of  Economics,^  J.  A.  Hobson 
writes:  "  Now  these  limitations  to  the  statement  that  rent 
does  not  form  an  element  in  price  amount  to  the  admission 
that  the  rule  only  applies  where  the  margin  of  employment 
stands  at  no-rent,  and  this  is  only  the  case  in  unqualified 
agricultural  land.  Wherever  the  worst  land  in  cultivation 
for  a  special  purpose  draws  a  rent,  that  rent  figures  in  prices.  W 

Notice  that  we  have  here,  nothing  by  which  we  can  dis- 
tinguish between  the  "price-determined"  and  price-deter- 
mining surplus;"  the  term  "  rent"  being  used  indifferently 
for  either  of  them.  On  page  275,  however,  he  says:  **It 
will  be  open  to  us,  if  we  prefer  it — for  it  is  entirely  a  ques- 
tion of  convenience  in   the  use  of  terras — to  say  that   land, 

.     .     .     .     at  the  margin  of  employment,  pays  no  rent, 

•  April,  1891,  p.  275. 


96  Annals  of  the  American  Academy. 

that  is,  we  may  take  the  lowest  return  for  the  use  of  land, 
and  call  it  by  some  other  name  than  rent.  We  would 
thus  be  able  to  maintain  as  a  general  proposition,  that 
rent  forms  no  element  of  price.  But  to  do  this,  we  would 
be  compelled  to  an  elaborate  grading  of  industries,  accord- 
ing to  the  prices  paid  for  land,  labor  and  capital,  at  the  mar- 
gin of  employment  in  each  respective  industry. 

•'  If,  on  the  other  hand,  as  seems  more  reasonable,  we 
should  prefer  to  measure  by  a  single  line  of  fixed  money 
value  applied  through  the  whole  of  industry,  we  must  call 
by  the  name  rent  all  payments  for  the  use  of  land,  and  all 
payments  beyond  three  per  cent  and  five  shillings  for  the 
use  of  capital  and  labor.  But  whichever  mode  of  reckoning 
we  prefer  will  be  equally  applicable  to  all  three  requisites  of 
production." 

Now  it  may  be  true  that  "  it  is  entirely  a  question  of  con- 
venience in  the  use  of  terms,"  whether  we  employ  separate 
and  distinct  terms  for  these  two  forms  of  surplus,  or  take 
"  rent  "  as  a  general  term  applicable  to  both;  and  then  dis- 
tinguish between  them  by  employing  additional  qualifying 
terms,  "price-determined  rent,"  and  ** price-determining 
rent."  But  it  is  hardly  a  question  of  mere  convenience, 
whether  or  not  the  fundamental  cleavage  plane  in  all  ques- 
tions of  distribution  shall  be  recognized  in  our  terminology. 
In  other  words,  we  can  only  confound  confiision  by  includ- 
ing both  forms  of  surplus  under  a  common  name. 

And  yet  upon  this  point  the  very  elect  themselves,  in  the 
person  of  Professor  Clark,  are  betrayed  into  confusion.  In 
the  same  number  of  the  Quarterly  Journal  of  Economics 
(p-  313).  he  writes:  "There  is  another  element  in  the  com- 
posite returns  of  employes  that  is  profit  in  an  accurate  sense 
of  the  term.  It  results  from  an  unbalanced  condition  of 
industrial  groups.  Conditions  are  continually  appearing  in 
which  too  little  is  produced  of  certain  commodities  to  meet 
the  normal  demand  for  them,  and  in  which  they  sell  for 
more  than  enough  to  pay  interest  on  pure  capital  and  wages 


i 


Rent  and  Profit.  97 

on  all  the  working  energy  employed  in  producing  them. 
Included  in  this  total  interest  will  be  the  rent  of  any  land 
that  may  be  in  use  in  these  industries,  and  included  in 
wages  will  be  the  rewards  of  manager's  time  and  eflfort. 
Above  all  these  claims,  the  selling  price  of  the  goods  may 
afford  a  residuum  of  pure  profit.  A  discovery  that  should 
make  the  production  of  aluminium  cheap  would  afford  a 
profit  on  the  making  of  it  until  this  industry  should  become 
so  much  enlarged  as  to  put  upon  the  market  as  much  of  this 
metal  as,  under  the  new  conditions,  would  be  normal.  After 
the  discovery  the  competition  of  different  producers  would 
enlarge  the  production  of  this  metal  till  the  point  would  be 
reached  at  which  it  would  not  be  profitable  to  move  labor 
and  capital  from  other  working  groups  to  this  one.  At  this 
point  the  return  of  the  industry  would  be  theoretically 
absorbed  in  wages  and  interest.  In  a  balance  condition  of 
industries  superior  fnanagers  will  earn  more  than  others,  and 
superior  workers  of  every  kind  will  do  the  same;  but  that 
gain  which  results  from  the  distinctively  dynamic  cause,  the 
discovery  or  change  which  throws  production  temporarily  out 
of  balance,  ceases  to  exist.  Such  a  condition  of  universal 
equilibrium  is  never  practically  reached^  and  at  many  points 
in  the  industrial  system — not  for  any  letigth  of  time  the  same 
points— pure  profit  is  always  to  be  found.  This  changeful 
element  of  gain  is  the  one  part  of  the  actual  social  income  not 
governed  by  the  law  of  rent y 

We  have  here  a  recognition  not  only  of  the  differential 
gain  or  surplus,  but  also  a  recognition  of  the  "group," 
"m^ginal"  or  "price-determining  surplus;'*  the  surplus 
due  to  an  unbalanced  condition  of  industries  or  to  scarcity 
value;  "the  one  part  of  the  actual  social  income  not  gov- 
erned by  the  law  of  rent."  Professor  Clark,  indeed,  carries 
this  recognition  of  these  two  forms  of  surplus  so  far  as  to 
call  one  **  rent "  and  the  other  "  pure  profit;"  yet  elsewhere 
in  this  same  article,  he  is  betrayed  into  including  both  forms 
of  surplus  under  the  common  term  "  rent;"  this  resulting  in 


98  Annals  of  the  American  Academy. 

such  verbal  contradictions   as  cannot   fail   to   confuse   the 
general  reader. 

On  page  304  he  writes:  **  The  differential  gain  of  labor 
alone  applied  to  fertile  land  is  the  more  useful  type  of  true 
rent."  While  on  page  307  he  writes:  *'The  earnings  of 
land  are  a  sort  of  mock  rent.  They  are  equal  to  a  differen- 
tial product,  but  are  not  the  genuine  thing."  To  say  of  one 
and  the  same  thing  that  it  is  the  more  useful  type  of  true 
rent,  and  again,  that  it  is  a  sort  of  mock  rent,  would  certainl; 
seem  to  involve  a  contradiction. 

In  seeking  for  the  cause  of  this  at  least  seeming  contra- 
diction, it  should  be  noted,  that  while  Professor  Clark  refers 
more  than  once  to  the  Ricardian  law  of  rent,  he  nowhere 
gives  statement  to  the  essential  condition  that  it  is  a  "  price- 
determined  surplus."  Throughout  the  entire  discussion,  he 
seems  to  regard  the  differential  aspect  of  this  surplus  as  its 
essential  condition.  To  his  mind,  if  it  is  a  differential  gain 
it  is  a  rent;  if  a  true  differential  gain  it  is  a  true  rent. 

Now  this  may  be  true,  but  we  take  it  that  not  a  little  con 
fusion  would  have  been  avoided  if  he  had  thrown  the  accen 
not  upon  the  differential,  but  upon  the  •'price-determined'* 
aspect  of  this  gain.  It  would  then  have  appeared,  that  what 
he  is  pleased  to  call  the  rent  of  land,  really  includes  both 
the  ** price-determined  "  and  "price-determining  surplus." 
This,  despite  the  fact  that  he  had  agreed  to  call  the  former 
**rent"  and  the  latter  "pure  profit,"  and  had  said  of  this 
latter,  "it  is  the  one  part  of  the  actual  social  income  not 
governed  by  the  law  of  rent. ' '  That  Professor  Clark  does 
include  botli  forms  of  surplus  under  his  "  rent  of  land,"  we 
will  now  endeavor  to  show.  On  page  308  he  says:  ' '  In 
any  limited  section  of  the  general  field  of  kbor,  wages  must 
conform  to  a  standard  that  is  set  in  and  for  that  field.  .  . 
What  determines  that  level?  What  fixes  general  wages? 
The  law  in  the  case  is  that  he  gets  what  he  is  worth  to 
society.  If  natural  tendencies  could  have  their  way,  the 
final  man  would  get  as  a  wage  what  he  actually  produces. 


Rent  and  Profit.  99 

It  is  the  productivity  of  labor  that  fixes  its  pay.  .  .  . 
Such  a  condition  of  universal  equilibrium  is  never  reached." 

In  other  words,  the  productivity  of  labor  in  some  parts  of 
the  general  field  is  greater  than  in  other  parts.  The  rate  of 
wages,  however,  is  set  by  the  efficiency  of  labor  in  the  least 
productive  part  of  the  general  field.  Hence  in  any  part,  as 
in  agriculture,  in  which  the  productivity  of  labor  is  greater, 
there  will  accrue  to  the  employer  of  labor,  and  later  to  the 
owner  of  land,  a  surplus  equal  to  the  difference  between  the 
productivity  of  labor  in  this  special  branch  of  industry,  and 
its  productivity  in  that  branch  in  which  it  is  least  productive, 
since  the  rate  of  wages  is  set  by  the  latter. 

This  surplus,  however,  is  manifestly  due  to  an  unbalanced 
condition  of  industries;  to  a  condition  in  which  labor  and 
capital  will  tend  to  move  from  other  industries  into  agricul- 
ture; and  so,  according  to  Professor  Clark,  "  is  the  one  part 
of  the  actual  social  income  not  governed  by  the  law  of 
rent."  Again,  it  is  received  by  all  owners  of  land,  and  is 
thus  a  '  •  group, "  "  marginal  "  or  "  price-determining  sur- 
plus," which  all  receive  in  addition  to  any  "price-deter- 
mined surplus  •  •  that  may  accrue  to  some  individuals  within 
the  group. 

"It  is  now  clear,"  says  Professor  Clark  (page  310), 
"that  in  the  strict  sense  of  terms  the  rent  of  land  is  not 
a  differential  product.  The  surplus  product  of  the  earlier 
increments  of  labor  applied  to  agricultural  land  are  amotints 
remaining  in  the  farmer's  hands  after  wages  are  paid.  .  .  . 
The  pay  of  the  farmer's  men  conforms  directly  to  the  rate 
that  prevails  in  the  general  labor  market,  and  the  data  for 
calculating  tlie  landlord's  claim  are  tjierefore  the  product  of 
the  farm  and  the  general  rate  of  wages.  If,  however,  land 
were  the  only  instrument  in  use,  the  case  would  be  differ- 
ent. .  .  There  would  be  no  industry  outside  of  the  ag^- 
cultural  limit,  and  the  product  of  the  last  increment  of  work 
applied  to  the  soil  would  constitute  the  standard  of  wages. 
The  land  in  this  case  would  yield  a  true  differential  product, 


loo  Annau^  uk  thk  American  Academy. 

sinct  the  rent  cf  it  would  consist  of  the  sum  of  the  difference 
U-t\vfvii  tlic  product  of  the  earlier  increments  of  labor  and 
:iic  ]>riKiuct  of  the  Li>t  one." 

When  rn'ic-s^or  Clark  declares  that  "  the  differential  gain 
.  :  I.i'^T  .i1":k-  applied  to  fertile  land  is  the  more  useful 
tvpc  u!'  iinr  rent,  "  he  has  in  mind  the  "price-determined 
-■,::p!ii-  "  t'ac  i>M  Ricardian  rent.  When,  however,  he  says 
r::.it  ••  U\L-  i.a:niii.v;s  of  land  are  a  sort  of  mock  rent,"  he  is 
!:r.:ik::i;;  < 'i"  a  total  which  includes  both  the  "  price-deter- 
:;'.'.:ud'  a:id  "  ])ricc-detcrmining "  forms  of  surplus,  and 
!••.•>  (  m:u1ii(1(.s,  that  "  in  the  strict  sense  of  terms  the  rent  of 
;.,:■..!  :>  n'lt  a  true  difTerential  gain."  It  may  fittingly  be 
..'k(..i.  \\\\v  >]ioul(l  the  rent  of  land  Ix^  made  to  include  lx)th 
!  :!ns..i  surplus:  Professor  Clark  having  declared  that  the 
1  r.tcT  iurra  is  "  the  one  ])art  of  the  actual  social  income  not 
;•'-•.«  riu-d  hv  the  law  of  rent." 

1':.  I'.N^ir  Clark,  as  we  have  seen,  not  only  recognizes  the 
<;•.::"' rriuv  l.ttwii-n  these  two  forms  of  surplus,  but  seeks  to 
:. \  t';:;^  mi  ou:  literature,  ])y  giving  them  .separate  names, 
(  ■.!'.::;,;  <'n<-  "re:it."'  and  the  other  "pure  profit,"  declaring 
' /  th:-.  1  i-t  tliat  "it  is  the  one  part  of  the  actual  social 
:::'  ■::•.'•  n- '{  ;.^i  >-.-eriied  !)>•  the  law  of  rent."  And  yet,  despite 
::'A  !:.:  .  lie  i-  !H.tra\ed  into  including  lx)tli  forms  of  surplus 
r.::  ;•  -  :- :;t  < -f  laii'l.  To  us  there  .seems  to  be  but  one 
'  x; '.  .::  •.!:  >n  "\  this  confusion,  in  the  work  of  one  whose 
:...::.'  I.,:--  In<..:nr  s>iionyraous  with  our  concept  of  a  most 
'  !•  ir  a:;d  aM--  thinker,  and  that  is,  that  in  his  thinking 
'  ■•  •■::•  '.•:•  t'.'-n,  he  has  thrown  the  accent  upon  the 
<::!:   :-  :.*.:.:!    !.i!'i<r  than  u}H;n  the  "  price-determined  "  aspect 


Wi.:!.-    ;t 


n:i'lon!)tc(lly  true  that  l>oth  forms  of  surplus 
ill'  ,  \tt  by  what  compulsion  must  both  of 
t.'-rv.  •  '  .  illc'l  '  I-  lit  :*"  This  term  has  already  been  appro- 
]''■■''  ■  -i'-  '.  '  l-arly  d'fni<-d  as  a  sur])lus  which  is  determined 
Iv  ;.:>  .-.  Wi-.v  tlien  shonld  we  surrender  this  use  of  it;  that 
It  :::.'.■.  ]*>■  re-appro])riated  and  re-defined  as  any  surplus  above 


Rent  and  Profit.  ioi 

cost?  We  have,  in  simple,  a  new  concept,  a  '* price-deter-  ^ 
mining  surplus,"  a  concept  which  is  diametrically  opposed 
to  the  Ricardian  concept  of  * '  rent. ' '  The  two  concepts  have 
nothing  in  common,  but  the  fact  that  they  are  both  surpluses 
above  cost.  What  then  have  we  to  gain  by  including  both 
under  the  common  term  "  rent?"  The  application  of  this 
tenn  to  the  "price-determined  surplus"  has  been  fixed  by  ^ 
usage,  through  several  generations  of  economic  writers.  It 
would  therefore  seem  wiser  to  confine  the  term  "rent"  to 
this  concept,  and  seek  for  some  other  term  for  the  newer  con- 
cept of  a  "  price-determining  surplus." 

This  would  mean,  of  course,  that  wherever  we  found  a 
*  *  price-determined  surplus, ' '  whether  from  land  or  from  the 
ability  of  the  entrepreneur,  we  should  call  it  a  "  rent ' '  of 
that  factor.  In  other  words,  if,  as  President  Walker  has 
shown,  "  the  entrepreneur  secures  a  surplus  which  follows 
the  law  of  rent, ' '  we  should  call  it  the  '  *  rent ' '  of  the  entre- 
preneur. Here  we  meet  with  the  difl5culty,  that  President 
Walker,  while  showing  that  the  entrepreneur  receives  a 
surplus  which  follows  the  law  of  "rent,"  yet  calls  this  the 
"profit"  of  the  entrepreneur.  This  is  open  to  the  serious 
objection,  that,  no  matter  how  confused  economists  may  have 
been  in  the  use  of  the  word  "profit,"  they  seldom  failed  Xo\ 
hold  that  it  enters  into  the  determination  of  price,  and  thus 
is  in  direct  antithesis  to  that  which  is  determined  by  price. 

Ricardo,  in  a  foot-note,  page  39,  of  his  "  Political  Econ- 
omy," writes:  "  Mr.  Malthus  appears  to  think  that  it  is  a  | 
part  of  my  doctrine  that  the  cost  and  value  of  a  thing  should 
be  the  same;  it  is,  if  he  means  by  cost  '  cost  of  production,* 
including  profits."  Again,  on  page  45,  he  writes:  "The 
laws  which  regulate  the  progress  of  rent  are  widely  different 
from  those  which  regulate  the  progress  of  profits,  and  seldom  ^ 
operate  in  the  same  direction.  While  Mill  writes:  "Profits 
therefore  as  well  as  wages  enter  into  the  cost  of  production 
which  determines  the  value  of  the  produce. "  Again,  Presi- 
dent Walker,  in  his  criticism  of  J.  A.   Hobson  in  a  later 


I02  Annals  op  the  American  Academy. 

number  of  the  Quarterly  Journal  of  Economics,  never  fails  to 
bring  the  discussion  back  to  the  fundamental  concept,  that 
I  *'  the  essential  fact  in  regard  to  rent  is  that  it  does  not  enter 
into  cost  of  production." 

This  being  the  final  test  in  regard  to  "rent,"  why  not  call 
that  part  of  the  entrepreneur's  return  which  satisfies  this 
condition  the  '  *  rent ' '  of  the  entrepreneur.  In  doing  so  we 
not  only  secure  a  short  and  convenient  name,  "rent,"  for 
that  surplus  which  is  determined  by  price,  but  we  release 
another  term,  ' '  profit, ' '  which  we  might  be  able  to  utilize  in 
connection  with  our  "price-determining  surplus." 

We  would  again  repeat,  that  no  matter  how  confused  econ- 
omists may  have  been  in  the  use  of  the  term  ' '  profit, ' '  they 
seldom  failed  to  hold  that  profits  entered  into  the  determina- 
tion of  price.  Hence  the  appropriation  of  this  term  ' '  profit, ' ' 
to  characterize  the  '  'price-determining  surplus, ' '  would  agree 
with  the  traditional  use  of  this  word  in  economic  literature, 
at  least  so  far  as  this  fundamental  cleavage  plane  is  concerned. 

On  the  other  hand  it  must  be  admitted  that  the  use  sug- 
gested by  President  Walker  is  more  in  keeping  with  ordinary 
\  practice,  and  has  now  become  incorporated  in  some  measure 
into  our  literature.  We  would  also  willingly  grant,  that  it 
is  less  important  just  what  terms  shall  be  adopted,  than  that 
there  should  be  an  agreement  upon  some  terms  that  will 
avoid  the  confounding  of  the  two  forms  of  surplus. 

Whether  these  two  forms  of  surplus  can  be  said  to  arise, 
in  the  case  of  the  other  factors  in  production,  is  too  large  a 
question  to  be  included  within  the  limits  of  this  paper.  But 
before  there  can  be  any  extension  of  the  terms  '  *  rent '  *  and 
*•  profit "  to  these  factors,  it  must  first  be  shown  that  they, 
like  land  and  entrepreneur,  give  rise  to  a  "  price-deter- 
mined" and  "  price-determining  surplus." 

It  is  not  given  to  any  one  person  to  say  what  terms  shall 
be  adopted.  This  can  only  result  from  the  establishing  of 
some  concensus  in  the  matter  among  economists  generally. 
A  single  writer  may  show,  as  we  have  endeavored  to  do. 


Rbnt  and  Profit.  103 

that  a  new  concept  has  arisen,  and  that  the  failure  to  reach 
any  agreement  as  to  the  terms  employed,  has  resulted  in 
growing  confusion;  he  may  then,  as  we  have  done,  suggest 
such  terms  or  use  of  terms  as  seem  to  him  to  avoid  this 
confusion. 

Again,  too  much  must  not  be  expected  from  these  or  any 
other  equally  short  terms.  If  consciously  or  unconsciously, 
we  think  of  these  as  meaning  "differential"  and  "margi- 
nal surplus;*'  or  "  individual  "  and  "  group  surplus;"  or  in 
fact  anything  but  "price-determined"  and  "price-deter- 
mining surplus,"  we  are  likely  sooner  or  later  to  end  in  con- 
fusion. This  is  the  fundamental  difference  between  these 
two  forms  of  surplus,  which  must  ever  be  borne  in  mind. 

When  we  write  "rent,"  we  should  think  "price-deter- 
mined surplus;"  and  when  on  the  other  hand  we  write  ^ 
"profit,"  it  is  "price-determining  surplus"  that  should  be 
called  up  in  our  minds.  If  it  is  thought  wiser  to  look  for 
other  terms  than  those  here  suggested,  we  can  only  urge 
that  they  should  be  such  as  will  not  cause  us  to  lose  sight 
of  this,  the  real  economic  difference  between  these  two  forms 
of  surplus. 

C.  W.  Macpari«\ns. 

miadfjpkio. 


PERSONAL  NOTES. 


AMSRICA. 


Bryn  Mawr.— Dr.  Lindley  M.  Keasbey,*  of  the  University  of  Colo- 
rado, has  been  appointed  Associate  Professor  in  Political  Science  at 
Bryn  Mawr  College.     Professor  Keasbey  has  recently  published 

''The Economic  State,''  Political  Science  Quarterly,  December,  1893. 

**  The  New  Sectionalism,''  Forum,  January,  1894. 

Columbia  College.— Professor  Franklin  H.  Giddings  f  has  accepted 
the  chair  of  Professor  of  Sociology  at  Columbia  College,  and  will  as- 
sume charge  of  the  department  in  the  next  academic  year.  Professor 
Giddings  will  lay  especial  stress  upon  the  investigation  of  social  con- 
ditions in  the  city  of  New  York.  A  complete  list  of  his  publications 
has  been  given  in  previous  issues  of  the  Annai^.  It  remains  only  to 
notice 

"  Theory  of  Sociology ,"  Supplement  to  Annaw,  July,  1894  (present 
number). 

New  York  City.— John  Jay,  a  distinguished  member  of  the  New 
York  bar,  and  a  publicist  of  repute,  died  on  May  5,  1894.  He  was 
born  in  New  York  on  June  23,  1817,  and  was  a  grandson  of  John  Jay 
who  occupied  so  prominent  a  position  during  the  early  days  of  the 
United  States.  Mr.  Jay  graduated  from  Columbia  College  in  1836  and 
was  admitted  to  the  bar  in  1839.  He  soon  became  well  known  for  his 
opposition  to  slavery,  and  took  part  as  attorney  in  a  number  of  slave 
cases.  He  was  prominent  in  the  organization  of  the  Republican  party 
in  1855.  In  1869  he  was  appointed  Minister  to  Austria,  which  position 
he  resigned  in  1875.  In  1883  President  Cleveland  appointed  him  the 
Republican  member  of  the  New  York  Civil  Service  Commission. 

Mr.  Jay  was  active  in  the  early  history  of  the  American  Geograph- 
ical and  Statistical  Society  and  was  a  member  and  for  a  long  time 
manager  and  corresponding  secretary  of  the  New  York  Historical 
Society.  He  was  also  a  member  of  the  American  Academy  of  Politi- 
cal and  Social  Science.  He  wrote  many  pamphlets  on  slavery,  the 
church  and  political  subjects,  some  of  which  are  : 

*•  Th€  Dignity  of  the  Abolition  Cause,"  1839. 

"  Caste  and  Slavery  in  the  American  Church,"  1843. 

"  The  Public  School  the  Portal  to  the  Civil  Service." 

**  The  American  Church  and  the  American  Slave  Trade,"  i860. 
•  Ajcwax.*,  Tol.  ill.  p.  373,  NoTcmber,  189a. 
t  AXM AU.  n>I.  11,  p.  349,  September,  1891 ;  vol.  lii,  p.  235,  September,  1892. 

(104) 


Personal  Notes.  105 

*•  Tke  Great  Conspiracy  and  England's  Neutrality^**  1861. 
*'  America  Free  or  America  Slave,  1867. 
•'  77ie  Church  and  the  Rebellion.** 

•*  On  the  Passage  of  the  Constitutional  Amendment  Abolishing 
Slavery." 

*^  Rotne  in  America." 

••  7^e  American  Foreign  Service.^* 

"  The  Memories  of  the  Past;*  1867. 

GBRMANY. 

Leipzig.— Dr.  Wilhelm  Roacher,  the  Nestor  of  German  Political 
Economy,  died  at  Leipzig,  June  4,  1894,  in  his  77th  year.  He  was  bom 
October  21,  181 7,  at  Hanover,  and  studied,  in  the  years  1835  to  1839, 
at  the  Universities  of  Gottingen  and  Berlin.  In  1838  he  took  the  de- 
gree of  doctor  of  philosophy  at  Gottingen,  where  in  1840  he  became 
Privatdozent  for  History  and  Economics.  In  1843  he  was  appointed 
ejctraordinary,  and  1844  ordinary  professor.  In  1848  he  was  called 
to  Leipzig  where  he  has  since  remained,  declining  repeated  calls  to 
other  universities,  Zurich,  Vienna,  Munich  and  Berlin. 

Dr.  Roscher  has  achieved  a  lasting  fame  as  the  founder  of  the  his- 
torical school  of  political  economy  and  many  learned  associations 
have  delighted  to  do  him  honor.  The  life  and  services  of  such  a  man 
can  only  be  briefly  indicated  here,  an  adequate  presentation  being 
reserved  for  another  issue  of  the  Annals.  His  principal  publications 
were: 

"  De  historica  doctrinee  apud  sophisias  maiores  vestigiis.**    1838. 

"Leben,  Werk  und  Z^italter  des  Thukydides,**  Gottingen,  1842. 

**  Grundriss  zu  Vorlesungen  Uber  die  Staatsunrthschaft  nach  ge- 
schichtlicher  Methode,**  Gottingen,  1843. 

"  Ueber  Kornhandel  und  Theuerungspolitik;*  Stuttgart,  1847  (3d 
edition,  1852). 

^*  Kolonien,  Kolonialpolitik  und  Auswanderung,**  Leipzig  and 
Heidelberg,  1848. 

''System  der  Volkszvirthschaft;*  Vol.  I.  *' Die  Grundlagen  dtr 
Nationalokonomik,"  Stuttgart,  1854  (20th  edition,  1892). 

Vol.  II.  "  Nalionalokonomie  des  Akerbaues  und  dcr  verxoandten 
Urproduktionszweige,**  Stuttgart,  1859. 

Vol.  III.  *' Nationaldkonomie  des  Handels  und  Gewerbefteisses,** 
Stuttgart,  1 88 1. 

Vol .  I V.     *  •  System  der  Finanzwissenschaft,  *  *  Stuttgart,  1886. 

'*  Ansichten  der  Volkswirthschaft  aus  dem  geschichtlicken  Stamd- 
punhte,*'  Leipzig,  i86i. 


io6         Annals  of  the  American  Academy. 

"  Betrachtungen  uber  die    Wdhrungsfrage  der  deutschen  Munz^ 
rr/orm,'*  Berlin,  1872. 

**  Geschichtc  der  Nationalokomik  in  Deulschland,''  Miinchen,  1874. 

**  Politik,  Geschichtlichc  patenlehre  der  Monarchie,  Aristokratie 
und  Vtffiokraii^/*  SiuitgaiTt,  1892. 

Furthermore  a  series  of  essays  iu  periodicals,  too  numerous  to  admit 
of  individual  mention. 

Lindheim,  Hesse.Darmttadt.—The  Chevalier  Leopold  de  Sacher- 
Masoch  died  at  Lindheim  on  May  6,  1894.  He  was  born  in  1836  at 
L^pol  in  Lemberg.  He  received  his  early  education  at  home,  then 
studied  at  the  iyc^es  at  L^opol  and  Prague,  and  finished  with  a  uni- 
versity course,  receiving  the  degree  of  Ph.  D.  He  became  Professor 
of  History  at  the  University  of  Gratz,  a  position  which  he  resigned  in 
1859  to  enter  the  Austrian  army  as  a  volunteer.  The  success  which  at- 
tended the  publication  of  his  first  novel,  "Don  Juan  de  Kolomea," 
caused  him  to  decide  to  devote  all  his  attention  to  literature.  He  con- 
tributed to  a  number  of  French  and  German  reviews,  and  in  188 1 
founded,  at  Leipzig,  an  international  journal  called  Au/  der  Hohe, 
which  was  inimical  to  the  German  imperial  government.  On  account 
of  illness  he  was  forced  to  suspend  his  journal  and  to  retire  to  his 
country  residence  at  Lindheim.  On  account  of  his  literary  work  he 
received  from  the  French  government  membership  in  the  Legion  of 
Honor.  He  was  an  authoritative  historian.  One  of  his  most  impor- 
tant  books  was  his  ••  Prussians  of  To-day  "  {Die  Ideale  unserer  Zeii), 
a  bitterly  sarcastic  work  published  in  1875.  Among  his  other  works 
are 

**Der  Aufsiand  in  Ghent  unter  K.  Karl  K,"  1857. 

**Ungams  Untergang  und  Maria  von  Oesterreich,**  1861. 

**Kaunitzr  1865. 

**Le  dernier  Roi  des  Magyares,^^  1867. 

* •  The  Legacy  of  Cain,'*  1 870. 

*'LaPropriiU:'    2  vols. 


BOOK  DEPARTMENT. 


REVIEWS. 
CiinlizatioH  During  the  MiddU  Ages,  Especially  in  Relation  to 

Modern    Ciinlization.    By  Gborgb    Burton    Adams.     Pp.  463. 

Price  I2.50.     New  York  :  Charles  Scribner's  Sons,  1894. 

"  The  object  of  this  book  is  to  show  how  the  foundations  of  onr  dv- 
iliration  were  laid  in  the  past  and  how  its  chief  elements  were  intro- 
doced,  and  to  depict  its  progressive  development  until  it  had  assumed 
itsmost  characteristic  modem  features."  (Preface.)  With  this  pur- 
pose in  view,  Professor  Adams  discusses  "What  the  Middle  Ages 
SUrted  With,"  "  The  Addition  of  Christianity, "  and  "  What  the  Ger- 
mans Added."  He  then  follows  the  course  of  events  in  each  of  the 
principal  countries,  and  intermingles  essays  on  "  The  Formation  of 
the  Papacy,"  "The  Feudal  System,"  etc.  The  limits  he  chooses  are 
the  years  476  and  1520. 

This  book  shows  the  results  of  wide  reading  and  broad  learning. 
The  style  is  generally  clear  and  interesting.  The  chapter  on  feudal- 
ism is  the  best  popular  account  in  English.  The  chapter  on  the  growth 
of  commerce  is  valuable.  Many  subjects  are  treatetl  in  a  suggestive 
manner,  and  the  facts  are  so  grouped  as  to  show  their  significance. 
The  volimie  is  a  valuable  addition  to  our  stock  of  books  in  English 
and  will  be  useful. 

But  it  is  very  disappointing.  From  the  title  we  expect  more  than 
we  find.  In  a  book  on  "Civilization  During  the  Middle  Ages "  we 
naturally  look  for  some  account  of  mediaeval  literature,  religion, 
science,  art.  No  one  of  these  is  adequately  treated.  Professor  Adams 
has  not  included  the  discussion  of  these  subjects  in  his  plan.  The 
titles— art,  architecture,  religion,  heresies,  etc,  are  not  found  in  the 
index. 

In  the  second  place,  we  expect  books  of  this  class  to  be  useful  as 
guides.  In  this  respect  it  is  a  failure,  because  there  is  no  bibliography, 
and  but  few  references  to  other  sources  of  infonnation  are  fumi^ed. 
An  occasional  suggestion  emphasizes  the  need  of  more  frequent  cita- 
tions. Certainly  a  reference  ought  to  be  given  for  the  "  few  brief  sen- 
tences" mentioned  on  p.  16,  for  the  "manixals  or  summaries  of  the 
Roman  law,"  p.  146,  and  for  similar  subjects  elsewhere. 

The  workmanship  is  careless.  In  placet  the  style  is  negligent. 
e.g.,  sentences  on  pp.   186,   187,  236,  289,  311,  353,  etc    There  arc 

(107) 


I 

io8  Annals  of  the  American  Academy.  ^ 

loose  general  statements.  We  wonder  just  what  the  author  had  in 
mind  when  he  wrote  (p.  i88):  "  But  with  the  accession  of  William,  in 
1066  the  state  took  on  its  final  form,  as  had  the  German  and  the 
French  states  in  the  preceding  century."  The  statements  about  the 
knowledge  of  Latin  (pp.  8  and  24),  and  the  contradictory  utterances 
relative  to  Luther  and  freedom  of  thought  (pp.  430,  431,  432,  440,  441), 
seem  to  indicate  some  mental  confusion.  Possibly  the  carelessness  is 
most  evident  in  the  index.  Titles  are  admitted  or  excluded  in  an 
entirely  arbitrary  manner.  On  p.  322  the  duties  of  the  three  officers, 
baillis,  s^n^chals  and  enqu^teurs  are  discussed ;  only  the  first  is  in 
the  index.  The  Synod  at  Bourges  (p.  409)  is  admitted ;  the  Diet  at 
Mainz  (p.  410)  is  omitted.  Three  men  are  mentioned  (p.  428)  as  hav- 
ing influenced  Luther ;  Gerson  is  in  the  index,  Staupitz  and  St.  Ber- 
nard are  not.  A  large  number  of  similar  cases  will  be  noted  by  any- 
one who  uses  the  book. 

There  are  occasional  mistakes.  Professor  Adams  is  evidently  not 
familiar  with  Mr.  H.  C.  Lea's  discussion  of  the  Donation  of  Constau- 
tine  and  of  the  Pseudo-Isidorian  Decretals.  He  falls  into  error  (pp. 
233-34)  about  the  dates  of  both  and  the  purpose  of  the  latter.  Simony 
did  not  include  lay  investitures  as  stated  at  p.  243.  The  two  subjects, 
although  intimately  connected,  were  treated  separately.  It  is  depress- 
ing to  find  that  Professor  Adams  gravely  repeats  (p.  269)  the  stereo- 
tjrped  statement  that  the  crusades  ended  in  1270. 

Dana  C.  Munro. 

University  of  Pennsylvania. 


Public  Assistance  of  the  Poor  in  France.    By  Emii,y  Greens  Bai^CH. 

Pp.  179.     Publications  of  the  American  Economic  Association,  Vol. 

VIII.    Nos.  4  and  5.     Price,  |i. 00.     Baltimore  :  1893. 

Miss  Balch  has  done  a  good  service  for  students  of  social  institu- 
tions in  the  preparation  of  this  short  but  comprehensive  account  of  the 
public  charities  of  France.  The  merit  of  the  book  lies  not  merely  in 
its  clearness,  accuracy  and  brevity,  but  especially  in  the  perfect  fairness 
preserved  in  a  field  where  party  spirit  and  sectarian  prejudices  have 
made  impartiality  difficult.  In  this  respect  the  present  essay  is  in 
marked  contrast  with  the  report  upon  French  Charities,  by  Hubert 
Valleroux,  just  published  in  the  "Proceedings  of  the  International 
Congress  of  Charities,  Correction  and  Philanthropy." 

As  the  author  states,  the  present  constitution  of  public  assistance  in 
France  can  hardly  be  well  understood  without  some  study  of  its 
development.  The  first  seventy-five  pages  of  the  essay  present  a  brief 
history  of  French  charity  from  the  ecclesiastical  decrees  in  the  time 


The  Resources  of  Mexico.  109 

of  Clovis  to  the  reorganization  of  social  institutions  by  the  fint 
Napoleon.  In  the  many  interesting  glimpses  of  social  history  perhaps 
the  most  striking  features  are  the  remarkable  development  of  the 
mediaeval  wayside  hospitals,  the  great  institutions  and  centralized  sys- 
tem of  Louis  XIV.,  the  sweeping  innovations  of  the  revolution  and 
the  unsuccessful  efforts  of  one  monarch  after  another  to  repren  the 
army  of  beggars. 

The  legal  claim  of  a  pauper  to  relief,  which  has  led  to  so  many 
abuses  in  England  and  in  some  American  cities,  is  not  recognized  in 
France  eoccept  in  the  case  of  the  dangerously  insane  and  certain  classes 
of  children.  **The  tendency  to  take  a  somewhat  socialistic  view  of 
public  charity,  and  to  seek  to  make  it  almost  a  government  monopo^ 
by  putting  hindrances  in  the  way  of  private  initiative  ...  is 
generally  more  than  counteracted  by  the  traditional  horror  of  anything 
approaching  the  English  system,  by  the  dread  of  all  State  interference 
felt  by  the 'economists,' and  by  the  jealousy  of  the  Catholics  who 
would  like  to  keep  charity  as  far  as  possible  in  the  hands  of  the 
church."  P.  79.  Yet  charity  in  France  seems  to  be  more  subject  to- 
public  control  and  the  control  is  more  centralized  than  in  England  or 
America.  The  official  bureaux  (U  bienfaisance,  assuming  control  of 
charitable  bequests,  and  even  of  church  collections,  present  a  contrast 
to  the  prevalent  American  system  of  granting  public  appropriations  to 
private  charities. 

The  care  of  destitute  children  is  especially  noteworthy  for  its  thorough 
organization  under  the  placing-out  system.  The  description  of  provi- 
dent schemes,  and  of  the  government  monopoly  of  pawn-shops  may 
prove  suggestive  to  American  reformers. 

In  undertaking  to  pass  a  final  judgment  upon  the  French  system  of 
public  assistance  as  a  whole,  the  author  recognizes  the  difficulty  of 
tracing  social  results  and  their  causes  and  of  making  international 
comparisons.  In  many  parts  of  France  the  provision  of  relief  is  in- 
adequate, but,  whatever  may  be  the  cause,  the  French  poor  are  more 
thrifty  than  the  English.  In  both  England  and  France  the  proportion 
of  paupers  to  the  population  seems  to  be  decreasing. 

David  I.  GRRBif. 


The  Resources  and  Development  of  Mexico,  By  Hubrrt  Howk 
Bancroft.  Pp.  xii,  325.  Price  I4.50.  San  Francisco:  The  Ban- 
croft Company,  1893. 

This  book  cannot  be  classed  as  historical  or  economic,  but  it  contains 
much  information  which  is  useful  to  both  the  historian  and  the  econo- 
mist.    While  a  more  scientific  investigation  from  a  sociological  point 


no  Annals  op  the  American  Academy. 

of  view  would  have  greatly  enhanced  the  value  of  the  work  to  stu- 
dents,  yet  it  presents  many  points  in  a  semi-popular  style  that  are  too 
frequently  overlooked  by  those  especially  interested  in  modem  econo- 
mic and  political  history.  While  the  book  has  some  color  of  com- 
mercial investment,  it  is  after  all  a  fair  representation  of  Mexico  and 
its  people,  and  while  it  lacks  the  keen  analj'sis  and  pungent  expres- 
sion of  David  A.  Wells'  "Study  of  Mexico,"  it  covers  a  much  wider 
field  and  gives  a  more  comprehensive  idea  of  the  entire  country. 

The  recital  of  the  recent  intellectual  achievements  and  the  evolution 
of  the  races  is  too  brief  and  too  superficial  to  satisfy  one  who  desires  a 
thoroughly  scholarly  exposition  of  past  and  present  means  of  educa- 
tion and  culture.     Emphasis  of  this  would  have  added  greatly  to  thej 
value  of  the  book,  especially  to  those  who  are  familiar  with  the 
history  of  the  long  period  of  intellectual  stagnation   preceding  th« 
present  progressive  era.     The  libraries  of  Mexico  are  worthy  of  fa 
greater  attention  than  Mr.  Bancroft  has  given  them  in  his  too  briel 
notice  of  these  excellent  features  of  interest.     But  the  chapters  onl 
the  material  progress  of  the  country,  including  agriculture,  mining, 
stock-raising,  manufactures  and  transportation  are  well  written  and  of 
special  interest  to  those  who  are  seeking  information  respecting  thel 
resources  and  the  industrial  condition  of  Mexico,  and  they  add  some-1 
thing  of  economic  and  historical  value  inasmuch  as  they  show  thej 
struggle  to  overcome  the  rank  medisevalism  in  trade  and  industr 
which  has  been  prevalent  since  its  introduction  under  the  old  Spanish^ 
regime.     The  laws  of  mining  and  colonization  and  the  regulations  of 
trade  and  taxation  that  now  obtain,  recall  many  phases  of  the  old 
Spanish  paternal  spirit  from  which  tlie  country  has  recently  been 
breaking  rapidly  away.     In  1846  Mexico  established  a  liberal  coloni-^ 
zation  law,  but  it  had  very  little  effect  until  recently  when  it  has  beet 
put  to  excellent  use  in  the  encouragement  of  immigration.     There  ai 
now  eighteen  well-organized  colonies  which  have  taken  advantage  of 
the  liberal  inducements  offered  by  the  law  to  secure  cheap  lands  am 
homes  within  the  national  territory.     A  good  deal  of  the  rapid  deveU 
opment  of  the  country  is  due  to  wise  legislation  in  the  removal  o( 
burdens  and  the  encouragement  of  certain  lines  of  industry.     Thuftl 
the   removal   of  the  heavy  taxes  from  the  mines  and  the  rewards 
offered  to  work  them  have  developed  mining  at  a  rapid  rate.     The 
improvement  in  the  quality  and  eflBciency  of  labor  and  the  introduc- 
tion of  modem  machinery  are  among  the  more  remarkable  features 
of  the  new  era,  although  there  is  great  room  for  improvement  in  these 
respects,  especially  in  the  mral  districts.     Evidently  tlie  author  has 
written  with  a  desire  to  find  out  what  is  good  in  Mexico  and  to  present 
it  in  a  very  favorable  light    The  book  is  important  in  giving  the 


Les  Destinees  de  l' Arbitrage.  xu 

l)est  general  view  yet  publishe<l  of  the  conditions  of  a  country  which 
seems  destined  to  bear  important  economic  and  political  relations  to 
the  Uniteil  States.  P.  W.  BijiCKlCAR. 


Les  Destinies  de  V Arbitrage  International  depuis  la  sentence  rendue 

par  le  tribunal  de  Genh>e.     By   Professor  K.    Rouard  dk  Card. 

Pp.  26*1.     Price  5  fr.     Paris  :  1892. 

This  book  is  an  encouraging  one  to  those  who  favor  an  extension  of 
the  principles  of  peace.  In  all  times  philosophers  have  dreamed  of 
perpetual  peace  and  have  formed  specific  plans  for  bringing  it  about ; 
but  tliis  book  seems  to  show  that  it  is  reasonable  to  hope  that  the 
times  of  peace  are  at  least  to  be  much  extended. 

The  author  gives  a  full  account  of  the  steps  that  have  been  taken 
since  the  decision  of  the  Alabama  question  in  1872  to  bring  about  the 
settlement  of  international  disputes  by  arbitration.  He  first  gives  a 
brief  account  of  the  different  peace  societies  that  have  been  formed; 
then  follows  this  by  an  account  of  certain  societies  whose  purpose  is 
the  settlement  of  international  disputes  by  arbitration.  Most  encour- 
aging is  tlie  report  regarding  the  work  of  the  international  leagues. 
The  Institute  of  International  Law,  for  example,  that  from  the  repu- 
tation of  its  members  and  from  the  excellent  work  that  it  has  done 
in  all  fields  of  international  law  has  had  so  much  influence,  is  shown 
to  have  formulated  regulations  for  international  arbitration  that  have 
been  accepted  by  different  states.  This  Institute  has  also  suggested 
forms  of  treaties  that  shall  provide  for  the  settlement  by  arbitration 
of  all  disputes  that  may  arise  in  the  future. 

A  brief  statement  is  made  of  the  work  of  the  Universal  Congresses 
of  Peace  that  were  held  in  Paris  in  1S78  and  18S9  at  the  International 
Expositions  there,  and  afterward  in  I<ondon,  1890,  and  Rome,  1891. 
The  book  was  published  too  early  to  contain  an  account  of  the  work 
done  at  the  Congresses  in  Berne,  1892,  and  Chicago,  1893.  Of  more 
immediate  practical  utility,  perhaps,  has  been  the  work  of  the  Inter> 
parliamentary  Conferences  whose  sessions  were  held  at  the  same  places 
and  times  with  those  of  the  Universal  Congresses  of  Peace  from  1889 
to  1893.  These  conferences  are  composed  of  members  of  different 
legislative  Ixxlies  in  Europe,  and  the  decisions  taken  by  them  are  in 
such  form  that  they  can  be  presente<l  to  the  different  legislatures  for 
immediate  action. 

Of  less  importance,  perhaps,  than  the  action  of  these  last  two  asso- 
ciations, but  yet  of  some  influence  in  the  direction  of  perpetual  peace. 
is  the  Congress  of  the  Three  Americas  held  in  Washington  in  1889-90, 
of  which,  so  f:ir  as  it  concerns  this  subject,  a  full  account  Is  given. 


112  Annals  of  the  American  Academy. 

The  latter  part  of  the  work  is  taken  up  with  an  account  of  the 
motions  that  have  been  made  in  the  parliaments  of  diflferent  countries 
with  the  object  of  recommending  the  employment  of  international 
arbitration  and  of  inserting  arbitration  clauses  in  treaties,  and  espe- 
cially with  a  complete  statement  of  the  international  differences  that, 
as  a  matter  of  fact,  have  been  submitted  to  arbitrators  for  their  settle- 
ment. It  is  interesting  to  note  the  rapidly  increasing  number  of 
questions  as  important  as  the  delimitation  of  frontiers,  or  even  as  the 
right  to  the  possession  of  territory,  that  have  been  settled  in  this  way; 
while  very  many  less  important  ones,  relative  to  the  rights  of  naviga- 
tion, of  fishing,  of  the  seizure  of  ships  or  the  confiscation  of  cargoes, 
which  often  arouse  bitter  feeling  between  friendly  nations,  have  been 
settled  without  difficulty. 

The  ultimate  purpose,  of  course,  of  the  peace  societies  is  to  endeavor 
to  found  an  international  court  that  may  settle  all  disputes  between 
nations  that  enter  into  the  agreement  establishing  the  court.  As  yet 
there  is  little  to  report  along  this  line  beyond  the  resolutions  of  the 
societies  themselves;  but  actions  that  tend  strongly  that  way  are  found 
in  the  treaties  providing  for  permanent  arbitration,  between  the  coun- 
tries agreeing  to  them,  of  all  questions  of  dispute  that  may  arise. 
Such  treaties  exist  between  several  States  of  Central  America,  between 
States  of  Central  America  and  those  of  South  America,  and  between 
States  of  the  three  Americas.  Treaties  of  commerce  and  of  naviga- 
tion, providing  for  settlement  by  arbitration  of  disputes  on  this  subject, 
exist  between  France  and  the  Republic  of  Equador,  between  Switzer- 
land and  Salvador,  but  as  yet  none  of  the  greater  nations  have  entered 
into  such  treaties  between  one  another.  The  most  important  step  that 
has  been  taken,  perhaps,  toward  the  formation  of  a  general  tribunal 
of  arbitration  is  found  in  the  action  of  the  United  States,  which  has 
asked  foreign  nations  to  enter  into  a  permanent  arrangement  with  it 
for  the  submission  to  arbitration  of  all  questions  of  dispute  that  may 
arise  between  them. 

An  appendix  to  the  book  contains  copies  of  the  texts  of  the  several 
resolutions,  petitions,  and  conventions  that  exist  between  different 
nations,  providing  for  arbitration,  or  for  any  peaceful  settlement  of 
disputes.  While  it  is  not  to  be  expected  that  we  are  to  see  the  settle- 
ment of  all  difficulties  without  war  for  a  long  time  yet  to  come,  the 
rapidly  growing  importance  of  arbitration  as  a  means  of  settling  in- 
ternational disputes  does  seem  to  show  that  wars  are  to  become  much 
less  frequent,  and  we  may  reasonably  hope  that  within  a  comparatively 
short  time  only  questions  of  the  most  vital  importance  to  the  interests 
of  nations,  such  as  those  that  involve  a  nation's  existence,  must  be 
submitted  to  the  arbitrament  of  war.     Perhaps  no  greater  service  to 


An  EissAY  ON  Judiciai.  Powbr.  113 

the  cause  of  peace  can  be  rendered  than  by  the  publication  from  time 
to  time  of  books  such  as  this  one,  which  shows  accurately  and  com- 
pletely what  has  been  already  accomplished  in  that  direction. 

JBRBMIAH  W.  jBXnCS. 


/In  Essay  on  Judicial  Power  and  Un€onstUuti4mal  LegisUUiou.  By 
Brinton  Coxk.  Pp.  xvi,  415.  Price  I3.00.  Philadelphia:  Kay 
&  Brother,  1893. 

This  volume  does  not  quite  agree  in  its  contents  with  the  title  giTen 
it.  Mr.  Coxe  died,  leaving  his  work  unfinished,  but  this  introductory 
historical  part,  fortunately  complete  in  itself,  had  already  received  his 
final  revision,  and  is  now  published  under  the  title  of  the  projected 
completer  undertaking.  Mr.  Coxe  had  proposed  to  show  "  that  the 
Constitution  of  the  United  States  contains  express  texts  prodding  for 
judicial  competency  to  decide  questioned  legislation  to  be  constitu- 
tional or  unconstitutional,  and  to  hold  it  valid  or  void  accordingly. ' ' 
The  author's  contention  that  judicial  authority  to  determine  the  con- 
stitutionality of  legislation  is  provided  for  "in  express  terms,"  instead 
of  being  "  based  upon  implication  and  inference,"  may  or  may  not  be 
sonnd ;  but  the  question  need  not  be  discussed  here,  since  it  is  one 
which  he  did  not  reach  in  the  volume  before  us.  While  the  essay 
shows  on  almost  every  page  abundant  evidence  of  much  thought  and 
extensive  investigation,  one  is  yet  bound  to  point  out  that  judicious 
rewriting  and  rearrangement  might  have  reduced  the  essay  proper  to 
one-fourth  its  present  length,  through  the  relegation  to  foot-notes  and 
appendices  of  a  large  amount  of  illustrative  and  remote  material,  with 
the  result  of  thereby  obtaining  a  far  more  logical  and  consistent  pre- 
sentation of  the  subject  A  large  portion  of  the  German,  Roman. 
Canon  and  even  English  law  referred  to,  and  dwelt  upon  at  consider- 
able length,  seems  far  fetched  ;  certainly  many  of  the  cases  cited  bear 
little  resemblance  to  unconstitutional  legislation  in  the  American 
sense  of  the  expression.  Often  such  legislatign  was  unconstitutional 
in  a  sense  similar  to  the  modem  English  use  of  the  term,  but  not  the 
American.  The  latter  part  of  the  volume  is  more  satisfactory.  Con- 
siderable use  is  made  of  the  Rhode  Island  case  of  Trevett  vs.  Weeden, 
the  first  American  case,  according  to  Judge  Cooley,  in  which  a  law 
"was  declared  unconstitutional  and  void."  If,  however,  Mr.  Coxe's 
repeated  assertion  is  true,  that  Rhode  Island  was  at  that  time  living 
under  an  unwritten  constitution— an  assertion  to  which  exception  may 
be  taken— then  the  law  in  question  was  unconstitutional,  if  unconsti- 
tutional at  all,  in  the  English  sense  only.    On  an  early  page  Mr. 


114  Annai^  of  the  American  Academy. 

Coxe  lays  great  stress  on  the  Dred  Scott  case  as  deciding  certain  con- 
gressional legislation  unconstitutional.  To  be  sure,  a  majority  of  the 
court  did  say  that  the  Missouri  Compromise  was  repugnant  to  the 
Constitution  and  void,  but  this  was  pure  obiter  dictum,  as  was  clearly 
shown  at  the  time  by  the  present  Mr.  Justice  Gray  and  Ex-Judge  John 
Lowell. 

The  foregoing  are  some  of  the  unfavorable  estimates  which  the 
reviewer  feels  compelled  to  make.  The  book  is,  nevertheless,  sug- 
gestive and  instructive,  but  needs  in  many  places  to  be  read  with 
caution.  Chari^es  F.  A.  Currier. 


Tfu  Union  Pacific  Railway.     A  Study  in  Railway  Politics,  History 

and  Economics.    By  John  P.  Davis,  A.  M.     Pp.  247.     Price  $2.00. 

Chicago:  S.  C.  Griggs  &  Co.,  1894. 
National  Consolidation  of  the  Railways  of  the  United  States.     By 

George  H.  Lewis,  M.  A.      Pp.  326.    Price  I1.50.      New  York; 

Dodd,  Mead  &  Co.,  1893. 

The  history  of  the  Union  and  Central  Pacific  Railroads  began  sixty 
years  ago,  and  presents  one  of  the  most  complicated  and  instructive 
problems  of  American  industrial  history.  Mr.  Davis  has  treated  this 
problem  fully  and  well,  and  has  succeeded  in  showing  how  this  indus- 
trial xmdertaking  has  influenced  the  political  and  legal  development 
of  the  United  States.  The  book  is  withal  a  most  opportune  one. 
The  maturity  of  the  companies'  first  mortgage  bonds  and  the 
United  States  Government's  subsidy  bonds,  during  the  four  years 
from  1895  to  1899,  makes  the  relationship  of  the  government  to  the 
Pacific  roads  a  very  live  question.  By  what  reorganization  or  refund- 
ing scheme  the  future  prosperity  of  the  roads  may  be  secured,  and  the 
United  States  guaranteed  against  the  loss  of  the  ^125,000,000  which 
the  roads  will  owe  her  by  the  year  1899  is  a  matter  to  which  Congress 
and  the  companies  involved  are  giving  their  earnest  attention.  The 
problem  was  further  complicated  when  the  Union  Pacific  was  forced 
into  the  hands  of  receivers,  on  October  13,  1893.  Mr.  Davis'  book 
appeared  just  after  this  event,  late  enough,  however,  for  the  insertion 
of  a  note  concerning  the  receivership. 

The  eight  chapters  of  the  book  discuss  the  "  Genesis  of  the  Pacific 
Railway;"  the  work  of  "  Asa  Whitney"  during  the  decade  from  1840 
to  1850;  the  "Sectionalism  and  Localism"  which  prevented  the  con- 
ftruction  of  the  road  before  the  War  of  the  Rebellion;  "The  Charter  " 
of  1862  and  1864;  the  ceremonies  that  took  place  when  the  roads  were 
*•  Done;"   a  full  account  of  the  organization  and  operations  of  the 


The  Union  Pacific  Railway.  115 

"  Credit  Mobilier;"  the  amendments  made  in  previous  laws  by  the 
"Thurman  Act;"  and  lastly  the  problems  of  the  "Present  and 
Future." 

The  best  chapters  arc  those  treating  of  the  "Credit  Mobilier"  and 
of  the  *•  Present  and  Future."  The  discussion  of  the  Credit  Mobilier 
Company  is  very  clear,  concise  and  complete.  The  account  is  admir- 
ably dispassionate.  The  plain  story  of  the  "Credit  Mobilier"  is  the 
best  criticism  that  can  be  made  of  it,  and  of  the  subsequent  methods 
of  railroad  construction;  for,  as  Mr.  Darn  says,  p.  196,  "The  Credit 
Mobilier  Scheme,  though  peculiar,  was  neither  new  nor  uncommon; 
instead  of  standing  alone  as  an  example  of  the  perfidy  of  particular 
men,  it  was  only  the  type  of  the  railway  construction  company  of  the 
period  from  i860  to  1880. 

The  conclusion  to  which  Mr.  Davis  comes  as  the  result  of  his  study 
is  of  especial  interest  The  three  courses  of  future  action,  which  the 
United  States  can  choose  from,  are  the  assumption  of  the  property  by 
the  United  States  through  foreclosure  of  her  mortgage  and  the  pay- 
ment of  the  prior  claims  of  first  mortgage  bond-holders,  or  the  exac- 
tion of  the  payment  by  the  companies  of  a  large  enough  percentage 
of  their  net  earnings  into  the  sinking  fund  to  amortize  their  indebted- 
ness, capital  and  interest,  or  the  refunding  of  the  debt  due  the  govern- 
ment and  the  provision  for  periodical  payments  sufficient  to  liquidate 
the  debt  within  some  such  period  as  fifty  or  one  hundred  years.  Mr. 
Davis  favors  the  last  method.  His  plan  calls  for  ' '  the  ascertainment 
of  the  worth  of  the  debt  at  the  time  of  settlement,  on  some  just  basis, 
and  the  provision  for  its  payment  in  annual  or  semi-annual  install- 
ments (usually  in  bonds)  either  equal  or  in  an  ascending  or  descending 
ratio,  all  secured  by  a  lien  or  mortgage  upon  the  present  subsidized 
lines,  and  upon  as  much  more  property  as  the  companies  can  offer  for 
security." 

Mr.  Lewis,  in  his  "  National  Consolidation  of  Railways,"  has  pre- 
sented an  original  plan  for  the  solution  of  the  intricate  railway  problem. 
The  plan  provides  for  "  the  formation  of  a  great  national  railway  corpo- 
ration owning  and  controlling  all  the  railways  of  the  country,  and 
governed  by  an  organization  representing  the  State  and  national 
governments  and  the  .stockholders  [private  persons]  owning  the 
road."  "The  Consolidated  Railway  Company  of  the  United  States" 
is  to  be  governed  by  a  large  board  of  commissioners.  The  President 
of  the  United  States  is  to  appoint  the  president  of  the  board  and  six 
commissioners,  each  State  is  to  have  one  commissioner  and  the  owners 
of  the  railroads  as  many  as  the  several  States.  The  real  work  of  the 
commission  is  to  be  carried  on  by  an  executive  committee  of  five  per- 
sons, of  whom  the  president  of  the  company  shall  be  chairman.     All 


ii6  Annals  of  thk  American  Academy. 

railroads  doing  interstate  business  are  to  be  forced  to  join  the  consoli- 
dated company.  They  are  to  receive  of  the  stock  of  the  company  a  sum 
equal  to  the  market  value  of  their  own  assets.  They  are  to  be  obliged 
to  change  their  separate  existence  for  membership  in  the  consolidated 
by  being  taxed  ten  per  cent  of  their  gross  receipts.  The  stock  of  the 
consolidated  company  is  to  bear  three  per  cent  interest,  the  payment 
of  which  is  to  be  guaranteed  by  the  United  States.  Mr.  Lewis  believes 
that  the  consolidation  of  the  railways  under  one  management  is  sure 
to  come.  He  thinks  it  would  be  extremely  dangerous  for  this  man- 
agement to  be  under  the  control  of  one  or  more  private  individuals. 
He  hopes  his  plan  will  secure  all  the  benefits  connected  with  State 
owner^ip,  without  entailing  the  burdens. 

Few  will  be  able  to  accept  Mr.  Lewis'  plan  as  offering  a  solution 
of  the  railway  problem.  Furthermore,  the  specialist  and  even  he  who 
is  only  fairly  familiar  with  transportation  questions  will  find  most  of 
thcL  discussions  contained  in  the  first  one  hundred  and  fifty  pages  of 
the  book  either  trite  or  superficial.  The  remaining  one  hundred  and 
seventy-five  pages  are  devoted  to  an  elaboration  of  the  author's  plan. 
The  book  is  expanded  by  numerous  quotations  to  unnecessary  length. 
The  quotations  ought  to  have  been  fewer,  or  have  been  run  in  as  foot- 
notes. 

In  spite  of  these  serious  defects,  however,  one  must  fully  sympathize 
with  this  earnest  and  temperate  discussion  of  the  railway  problem  by 
a  lawyer  and  a  layman,  who  is  not  "  inspired  by  any  hostility  to  pri- 
vate capital  invested  in  "  railroads.  In  a  letter  received  by  the  writer 
of  this  review  Mr.  Lewis  modestly  says:  **  I  have  never  flattered  myself 
that  the  plan  was  perfect,  or  beyond  criticism,  nor  am  I  strenuous  that 
the  special  scheme  I  advocate  should  be  adopted.  My  desire  is  to  help, 
as  far  as  I  may,  to  turn  the  public  mind  to  a  thoughtful  and  thorough 
discussion  of  this  problem,  in  the  hope  that  some  effective  and  satis- 
factory solution  may  be  discovered." 

Emory  R.  Johnson. 

Hiitoire  des  Doctrines  ^conomiques.  Par  A.  Espinas,  Professeur  i 
la  faculty  des  lettres  de  Bordeaux.  Pp.  359.  Paris  :  Armand  Colin 
ct  Cie,  1892. 

Professor  Espinas*  book  satisfies,  on  the  whole,  the  requirements  of 
a  good  history  of  economic  theory.  His  choice  of  material  is  fairly 
judicious,  for  the  purposes  of  a  sketch,  his  judgment  is  temperate  and 
his  expositions  are  reasonably  accurate.  He  shows,  to  be  sure,  some 
national  bias,  in  emphasizing  the  importance  of  French  writers  more, 
perhaps,  than  a  strictly  impartial  critic  would  do ;  but  the  bias  is 
evidently  unconscious,  so  that  he  cannot  fairly  be  accused  of  prejudice. 


HisToiRE  DEs  Doctrines  Economiquks.  117 

At  any  rate,  his  work  is  far  leas  open  to  the  charge  of  national  prejudice 
than  is  that  of  Professor  Cohn  ;  and,  unlike  Ingram,  he  is  not  blinded 
to  the  truths  of  the  classical  school  by  an  unreasonable  ^>mnmtf  of  the 
importance  of  his  own  point  of  view.  In  its  general  plan,  his  work 
resembles  that  of  Ingram,  to  whom  he  evidently  owes  much,  as, 
indeed,  he  acknowledges  ;  but  it  is  not  so  well  digested  as  its  model. 
There  are  too  many  long  quotations.  The  author  would  have  added 
to  the  unity  of  his  style  and  the  clearness  of  his  exposition  if,  instead 
of  quoting  so  much,  he  had  incorporated  the  ideas  of  the  writers  he 
discusses  into  his  own  narrative.  His  historical  perspective  is,  on  the 
whole,  good,  and  he  does  justice  in  some  insUnccs  where  Ingram 
failed.  This  is  true,  for  example,  of  his  judgment  of  Locke,  Cantillon 
and  Ricardo.  His  view  of  Adam  Smith's  work,  however,  is  far  too 
narrow.  Like  Cohn's,  it  seems  tinged  with  a  continental  prejudice, 
and  is  in  striking  contrast  with  that  taken  by  the  generous  minds  of 
Cossa,  Wagner  and  Roscher.  The  author  shows,  also,  a  too  common 
misapprehension  of  the  spirit  of  Ricardo,  by  repeating  the  well  worn 
exclamation  that  to  Ricardo  "wealth  is  everything  and  men  are 
nothing." 

There  are  some  slight  inaccuracies  in  the  book,  such  as,  for  example, 
the  statement  that  the  doctrine  of  natural  law  is  of  English  origin. 
In  his  criticism  of  economic  liberalism,  also.  Professor  Espinas  falls 
into  the  mistake  of  the  extreme  members  of  the  historical  school  in 
that  for  the  purpose  of  criticism  he  states  the  doctrine  of  laissezfaire 
in  its  extremest  and  most  illogical  form.  With  the  extreme  historical 
economists,  again,  he  overestimates  the  importance  of  mere  facts. 
Facts  are  of  importance  only  as  "they  lead  somewhere."  "System- 
atized knowledge  "  is  not  science  until  the  causal  relations  of  the 
phenomena  described  are  elucidated.  In  their  insistence  on  this 
thought  the  "classical  economists"  are  entirely  right.  Professor 
Espinas,  however,  overlooks  this  truth. 

The  writer's  criticism  of  revolutionary  socialism,  though  brief,  is 
keen,  and  logically  conclusive  as  far  as  it  goes.  He  says,  that  the 
"professorial  socialism"  of  Held,  Schonberg,  Wagner  and  others,  is 
*Me  meilleur  rampart  de  la  soci^t^  allemande  contre  le  sodalisme 
r^volutionnaire. ' ' 

The  last  chapter  is  a  discussion  of  method  in  economics.  Profeasor 
Espinas  seems  to  identify  himself  with  the  evolutional  school,  but 
makes  the  mistake,  so  commonly  made,  of  confusing  natural  social 
laws  with  natural  social  forces.  A  rigid  adherence  to  the  distinction 
between  these  would  go  far  towards  putting  an  end  to  the  tiresome 
and  now  unnecessary  discussion  of  economic  cosmopolitanism  and 
perpetualism.  D.  KiNLKV. 


1 15 


AxNAi.s  or  Till-:  Amkrican  Acadhmy, 


T.t  /'.:  i.m.\3  < /■  ij  Rusiiari  Village.  By  Isaac  A.  IIourwich, 
;  h  I*.  \'\>.  \'^i.  Trice  l\.yx^.  Columbia  College  Studies  in  His- 
•.  .r\.  }•;.■.  .IJ«.m^■-^  ;iii<l  ruhlic  I, aw,  Vol.  II,  No.  i.  New  York,  1893. 
;:.:-.  :::.':.'^r.i;  ';i  is  one  <>i"  .1  kind  to  delight  the  hearts  of  students  of 

•  :.k. -.;. ./.  cv   .-.i-iiiu-s.      l"i..in  l)eginuing  to  end  it  is  a  record  of  solid 
w    •.'^.  .w:Li-  ::i  '.':.■■  \\  .iv  ul  i)ri,i;inal  research  and  of  constructive  syntlie- 

'.'.■.    ■;..■.'.  :.    .  '■■  NMoni;  if  we  assume  thai  Mr.  IIourwich  has  had 

•  >    :./.   .;;.,.:•.'.::. :'.ns   of   ])iosecnting    the    investigations  which   have 
>..>.•.::.. .*.v   :   :;;   '.!.:->  Ixxk,  for  iverywhere   there  are  signs  of  a  famil- 

.:  '. ,   w  \'.\   '..: ,  s.i'i-i-^  L  iliat.  con\  iiice  one  that  he  nuist  not  only  have 

•  ■  .  : ..   ;  ..•:  •.!:■•  ^>ot,  l)Ut  have  done  so  with  ample  facilities  for  getting 
..'.  •'.     '....■.■,..:n  o!   :Iu-  many  (jue^ticMis  of  practical  life  which  are  here 

.' 

'.:  v.  .'■.;'.  1  Ik-  i!n'io>,siMi-,  wiihout  claiming  much  more  space  than  can 
■■  '  .l:^.\^(•d  '.,  ti.is  iioiue,  U)  enter  into  a  discussion  of  the  important 
:.v  •■.  \s;;  h  Mr.  Mourwieh  l)rings  into  prominence,  and  we  must  be 
.   ■:.••  ::t  w  .\\\  .1  1  ::'f  vt.iuinent  of  the  lines  which  his  work  follows. 

l:  .■.:•.■::■..•  \\\\'.\  a  \^\u-\  aeeoiint  f)f  what  he  calls  "  Peasantism,"  by 
\s'..:'.\  \\'-  ni' .i:;-.  \\w  a;.;rarian  ferment,  which  began  owing  to  the 
!:.i:.a:  .:i  \'  :;a  h  \\\v  einane;j)alion  of  the  serfs  was  carried  out,  he 
;';••'  -  •;■•  i  '.a.  :d  .tad  v'Jualile  sketch  of  the  development  of  land  own- 
it  .•  ;a  i:a  :  L.  1  \;.lainin;.(  in  ])assing  the  testamentary  arrangements 
•.•.'...  a  •.'.':(•  :a  \o^ar  under  the  old  order  of  things,  and  the  inaugura- 
■  '■'.  "f  :::•.  .i',-  pioprity  in  land  and  serfage.  These  hitter  were 
:..;".  :-^  ■•-■:i!'' d  in  l\us,sia  as  institutions  of  private  law  by  a  ukase 
•;  ;■  ■' r  III  .  ;:i  17', 2.  In  iiralin:(  with  the  emancipation  movement, 
■•■  '■  ■  ••  '  a'.iaaaat'  .i  \\\  thr  L'leat  rrtorni  of  1S61,  he  brings  out  the  fact, 
■■  '•  .   '.  "•    :.■'  al\s  i\  s  Ionic  in  mind,  that  the  freeing  of  the  serfs  was  in 

'"      '     ::•••  r  iti  ,  the  Ksult  of  har  at  the  growing  unrest  of  the  peas- 

•  ■  '••     •■■  '.  ■'■■'I   ::  't  ;dto-(i!u  r  ])roc-c'ed   from  motives  of  humanity  and 
'       .■'.••  a::.'  a'         '  W'-  lausl    frre  tlu-   peasants   from  above  before  they 

■•    '  ■    ;•    •     '.'i.  an.  Ivrs    from    iulow,"    said    Alexander    II.    to    his 

■    '        •  :'  ::'■•  '•      :a    1  s:^s.      na])])ilv  he  had   the  strength  of  will  to 

■'  ■  '■  '•  ;:-■       ;:•■  whose  ntrcssitv  he  had  long  foreseen.     How  far 

■  ■  ■'■■■     ■'■•■■   ;  !<  I  itioMs  bear  u])on  the  hjnjx'ror  of  tluxse  days?  Mr. 

•  •      '  •"•       ■'■'■<''•'.'.•  a  ,  icoiioiiiie  conditions  were  ripe  for  the  change. 

■  ■'■■  '  :■::.'  ta  wn  It  became  obvions  to  the  goverimient  that 
'■  ■'•■■■••••  ■'  !  !.t  hioae.l  nieiliods  of  trans])ortati()n,  could  ])lay 
■■']■■'  ■■•■]  [■.'.'■  I'nioji.Mii  concert."  Now  it  was  perfectly 
^  ■•■  ■  •  !•;  .•.;;■:•,.  -.■. ' ',111  of  r.ulways  (Mtnld  not  ])ossibly  be  sup- 
■ '  '*'  ••'•'■:''  ■■  <.a!(  e  (,f  a',Mi(  ullnre  aloiu-,  in  a  country  in  which 
'  '  ''  ''  ••*  ■•''•■;  •'■;•'•  were  seifs,  ( itluT  of  the  State  or  of  the  land- 
'■  '  •'    •''•  '   •      •■'••:   o  ;t  of  tlicir  scanty  income  the   exi^enses  of  a 


The  Economics  of  a  Russian  Village.         119 

large  military  State,  and  of  an  aristocracy.  Industry  and  commerce 
were  necessary  for  the  maintenance  of  the  State.  The  emancipation 
of  the  peasants  was  the  scheme  to  attract  domestic  and  foreign  capital 
to  industrial  pursuits  in  Russia.  By  placing  money  in  the  hand<  of 
the  landlords  it  was  sought  to  promote  the  progress  of  agriculture,  and 
the  growth  of  industries  intimately  connected  therewitli.  By  setting 
at  liberty  twenty  million  serfs,  who  were  the  subjects  of  the  land- 
lords, wage-workers  were  created  for  industrial  enterprises.  The 
economic  significance  of  the  reform  of  February  19,  (March  3),  1861, 
lies  in  the  fact,  that,  on  the  one  hand,  it  completed  the  evolution 
of  private  property  in  land,  and  that,  on  the  other  hand,  it  effected 
at  a  single  blow  the  expropriation  of  the  peasantry  on  a  large 
scale." 

Considering  the  effects  of  the  emancipation  of  the  peasants,  Mr. 
Hourwich  mentions  facts  which  demonstrate  forcibly  that  they  have 
been,  in  many  respects,  the  reverse  of  those  which  were  predicted. 
It  is  perhaps  not  to  be  wondered  at  that  there  are  found  even  to-day — 
nearly  a  quarter  of  a  centur>'  later — Russians  of  eminence  and  even 
of  intelligence  who  are  unconvinced  as  to  the  wisdom  of  the  great 
liberation.  The  present  writer  had  an  interesting  conversation  with  a 
nobleman  in  Russia  only  two  years  ago,  wherein  the  emancip>atory 
edict  was  deplored  as  a  cause  of  untold  harm  both  to  peasantry  and 
nobility.     It  may  not  be  amiss  to  recall  his  argument. 

"  The  peasants, "  he  said,  ' '  were  not  ready  for  independence.  They 
should  have  preparatory  training.  The  right  thing  was  to  have  edu- 
cated the  children  of  the  peasants  then  living,  and  to  have  freed  them 
as  soon  as  that  had  been  done.  Instead  of  that  the  Czar  emancipated 
a  race  of  people  who  were  unfit  to  be  made  independent,  who  could 
not  stand  alone,  but  needed  keeping  in  restraint.  Good  results  will 
follow,  but  they  have  not  come  yet.  The  peasants  are  ignorant — not 
naturally  stupid,  but  merely  untaught — and  they  do  not  know  how  to 
look  after  their  own  interests.  They  have  no  foresight,  they  are  im- 
provident, they  have  no  means  of  learning  enlightened  methods  of 
agriculture,  and,  worst  of  all,  they  are  idle.  Give  them  v6dka  (brandy) 
and  they  are  satisfied.  Then,  too,  their  taxes  are  high— often  oppress- 
ive. It  is  true  that  with  emancipation  they  received  a  certain  amonnt 
of  land,  but  the  taxes  they  have  to  pay— taxes  which  formerly  fell  upon 
the  noble — frequently  exceed  a  fair  rent  Moreover,  the  land  which 
falls  to  the  peasants  of  a  village  is  often  inadequate  to  their  support, 
and  all  are  kept  in  poverty.  Formerly,  when  a  serf  met  with  misfor- 
tune—as by  the  loss  of  a  cow  or  a  horse — he  went  to  the  noble  and  was 
soon  out  of  difficulty.  Now  he  has  no  one  to  go  to  in  distress.  He 
has  to  deal  with  the  tax-gatherer,  who  knows  nothing  of  benevolence. 


I20 


Annals  of  the  American  Academy. 


While  before  the  emancipation  the  peasant  was  serf  of  a  noble,  now 
he  is  the  serf  of  the  police.    That  is  the  only  difference." 

"But,"  he  added  with  an  air  of  satisfaction,  "we  have  no  urban 
proletariat  in  Russia.  The  emancipation  has  saved  us  from  that." 
Yet  only  partially,  however,  as  Mr.  Hourwich  here  shows.  It  is  inter- 
esting to  note,  by  the  way,  that  serfdom  existed  as  late  as  the  year  1892, 
though  the  last  remnant  was  then  abolished  by  an  edict  wherein  the 
Kalmyks,  a  semi-nomadic  tribe  of  no  fewer  than  150,000  men  in  South- 
east Russia,  near  the  Caspian  Sea,  ceased  to  be  the  serfs  of  the  chiefs 
(the  zaisangs  and  noyons)  as  hitherto. 

In  dealing  with  the  practical  aspect  of  the  communal  land  system, 
the  author  wisely  confines  his  attention  to  typical  districts.  His  con- 
sideration of  this  branch  of  his  subject  is  marked  by  great  thorough- 
ness and  the  information  he  gives  travels  over  ground  which,  so  far 
as  we  are  aware,  has  not  been  touched  by  other  writers  on  Russian 
economies.  Speaking  of  the  industry  and  capacity  of  the  peasantry, 
he  mentions  the  fact  that  the  Russian  cultivator  produces  far  less  com 
per  acre  than  the  agriculturist  of  any  other  country.  The  following 
table  is  very  significant ; 


Russia  (an  average  district) 

United  States 

Ontario,  Canada 

Great  Britain 

France    

Germany 

Austria 

Hungary 


Y1E1.D  PER  Acre 


RYE 


Bushels 


8.9 

11.9 
15.5 


16. 1 
14.7 
14.5 
13.8 


Percent 


100 

134 
174 


181 
165 
163 
155 


OATS 


Bushels 


10.7 

26.6 
30.7 
40.3 
26.1 

30-1 
17.6 

17.4 


Percent 


100 

249 
287 

377 
244 
287 
164 
163 


Among  the  reasons  for  the  lack  of  intensive  cultivation  are  the  faulty 
allotment  of  the  communal  lands  and  the  chronic  bankruptcy  of  a 
large  part  of  the  communes  and  of  the  peasantry.  The  author  goes  as 
far  as  to  state  that  it  is  the  established  rule  in  Russia  that  the  burden 
of  taxation  is  in  inverse  ratio  to  the  means  of  the  taxpayer.  He 
writes: 

"The  former  serf  is  taxed  more  absolutely  (every  male  and  every 


The  Economics  of  a  Russian  Village.         121 

worker)  and  relatively  (everj'  acre  of  land )  than  is  the  former  State 
peasant  The  diflference  is  really  the  tribute  paid  to  the  landlord  dan 
as  a  due  for  the  emancipation  of  their  serfs.  Indeed  the  greater  part 
of  the  contribution  of  the  former  serf  is  composed  either  of  his 
redemption  tax  or  of  the  payment  due  to  his  master  \JailU)  .... 
On  the  other  hand,  the  least  amount  in  taxes  is  paid  by  those  among 
the  former  serfs  who  have  already  redeemed  their  lots  or  who  have 
received  the  so-called  donated  lots,  i.  e.,  the  least  is  levied  from  those 
who  are  free  from  the  obligation  to  their  former  master." 

Verily  unto  him  that  hath  is  given,  and  from  him  that  hath  not  ta 
taken  away  even  that  he  hath  !  The  result  of  all  this  is  tliat  there  is  a 
gradual  tendency  for  the  independent — or  the  nominally  independent 
— farmer  to  become  an  agricultural  laborer.  As  the  author  puts  it, 
"Land  tenure  is  degenerating  into  wage  labor."  And  no  wonder, 
when  the  laws  and  institutions  are  so  framed  as  to  grind  down  the 
weak  and  protect  the  strong.  A  policy  of  greater  .short-sightedness 
could  not  be  conceived.  Another  result,  however,  is  the  migration 
from  the  land  to  the  towns  of  those  who  no  longer  entertain  the  hope 
or  the  wish  to  be  tillers  of  the  soil.  In  other  words,  the  creation  of  an 
nrban  proletariat  is  beginning. 

We  can  only  mention  the  chapters  on  the  dissolution  of  the  patri- 
archal family,  the  modem  agricultural  classes,  and  the  re-division  of 
the  common  laud.  Summarizing  the  results  of  his  inquiries,  Mr. 
Hourwich  says:  "Family  co-operation,  village  community,  nobility, 
and  natural  economy — such  was  the  economic  constitution  of  Russia 
in  the  past.  The  Russia  of  the  days  to  come  will  have  for  its 
basis  a  peasant  bourgeoisie,  a  rural  proletariat,  and  capitalistic  agri* 
culture." 

Though  the  work  is  somewhat  technical  in  character,  the  author's 
elucidations  are  admirable.  Certainly  he  allows  himself  at  times  to 
nod,  as  when  he  tells  us  that  "at  the  dawn  of  the  evolution  of  man- 
kind the  individual  had  not  yet  differentiated  from  tlie  social  aggre- 
gate," a  long-winded  involution  for  a  very  simple  idea.  Again,  when 
he  claims  the  right  to  speak  of  people  destitute  of  husbandry  as 
"  husbandless  "  because  Shakespeare  did  so,  one  feels  bound  to  point 
out  that  in  economic  and  all  scientific  writings  the  most  scrupulous 
care  should  be  used  in  terminology,  and  that  novelty  is  only  justified  by 
sheer  necessity.  But  these  will  appear  minor  matters  in  view  of  the 
solid  value  of  this  work.  It  should  be  added  that  a  very  useful  feature 
of  the  book  is  a  careful  and  exhaustive  series  of  statistics,  which  of 
itself  proves  the  enormous  amount  of  labor  which  the  preparation  cf 
the  monograph  must  have  involved.  Unfortunately  the  area  to  which 
the  statistics  refer  is  very  small  when  compared  with  the  vastness  of 


122  Annals  of  the  American  Academy. 

the  entire  Russian  Empire,  and  this  fact  minimizes  their  value  and 
prevents  them  from  having  a  general  application.  Again,  most  of  the 
figures  admittedly  date  from  some  years  ago,  though  this  is  no  wonder, 
seeing  that  Russia  is  one  great  European  country  which  has  not 
become  awake  to  the  importance  of  the  science  of  statistics. 

Wii«i*iAM  Harbutt  Dawson. 


Grundhegriffe  und  Grundlagen  der  Volkswirtschajt.    Von  Dr.  Juwus 

LKHr.     Price  9  M.     Leipzig  :  Hirschfeld,  1893. 

This  book,  written  by  Dr.  Lehr  and  edited  by  Kuno  Frankenstein, 
forms  the  introduction  to  the  first  volume  of  a  large  work  upon  politi- 
cal science.  The  whole  work  is  to  embrace  the  entire  department  of 
political  science,  and  will  be  completed  in  thirty  volumes.  Its  plan 
embraces  far  more  than  Schonberg's  manual,  and  in  a  certain  sense 
also,  more  than  Conrad's  Dictionary.  Each  individual  volume  is  in- 
tended to  form  a  complete  whole  by  itself,  and  may  be  bought  sepa- 
rately. 

In  the  first  division,  the  entire  science  of  political  economy,  th 
retical  and  practical,  and  the  history  of  political  economy  and  of 
socialism  are  treated.  The  second  part  contains  the  treatment  of  the 
science  of  finance,  the  third  the  theory  of  the  state  and  the  science 
of  administration,  the  fourth  that  of  statistics.  The  work  by  Dr. 
Lehr,  in  which  the  series  is  begun,  is  not  intended  to  exhaust  the 
entire  subject  of  "theoretical  national  economy;"  but  rather  to  present 
the  present  social  and  legal  organization  as  the  basis  of  the  production, 
distribution  and  use  of  goods.  Then  such  fundamental  concepts  as 
value,  property,  wealth,  and  cost,  and  an  economy  are  discussed.  In 
two  later  volumes  will  follow  the  theory  of  production  and  con- 
sumption and  the  distribution  of  property.  The  theories  of  value  and 
price  are  treated  by  the  author  in  a  most  exhaustive  manner.  The 
whole  work  is  thorough  and  ingenious;  the  presentation  of  the  indi- 
vidual theories  is  very  complete,  and  in  accordance  with  the  latest  lit- 
erature. In  connection  with  every  volume,  there  is  a  comprehensive 
bibliography,  a  review  of  the  entire  literature  of  the  subject  under 
discussion.  Unfortunately  the  author  lessens  the  value  of  his  presen- 
tation by  using  the  mathematical  method  extensively.  On  this  account, 
it  will  be  a  poor  "  introduction  to  the  study;'*  a  good  deal  of  math 
matical  knowledge  will  be  necessary  to  understand  the  many  formulae 
Though  such  a  mathematical  treatment  may  properly  be  employed  in 
a  monograph  or  a  special  investigation,  it  at  least  seems  out  of  place 
in  a  work  designed  to  present  the  principles  of  economics  to  a  wide 


% 


Principles  of  Political  Economy.  123 

and  untechnical  public.    This  defect  will  seriously  injure  the 
of  this  otherwise  meritorious  work. 

Ka&i«  Dibhi«. 


Principles  of  Political  Economy.      By  J.  Shield  Nicholson.      Vol. 

I,  Pp.  452.     Price  I3.00.     London  :  Macmillan  &  Co.     1893. 

This  is  the  first  instalment  of  a  work  apparently  destined  to  be  com- 
pleted in  two  volumes.  Vol.  I,  contains  an  introduction  on  definitions 
and  methods  in  Political  Economy,  Book  I  on  Production  with  twelve 
chapters  on  the  usual  topics.  Book  II  on  Distribution  with  fiAcen 
chapters,  the  last  being  on  Economic  History  and  Economic  Utopias, 
a  vigorous  denunciation  of  the  latter,  and  finally  an  excellent  iudex. 

I  must  warn  the  reader  that  I  cannot  judge  this  book  with  perfect 
appreciation.  I  do  not  hail  from  Manchester,  nor  does  it  seem  to  me 
that  the  star  leads  thither  that  guides  to  the  birthplace  of  the  new 
prophet  Professor  Nicholson  appears  to  think  differently.  As  I  close 
this  large  volume  after  a  careful  and  consecutive  reading  I  am  con- 
scious that  my  instincts,  literary,  pedagogic  and  economic,  predispose 
me  to  judge  it  unfavorably.  Still  there  are  certain  qualities  which  it 
is  easy  to  appreciate.  The  writer  is  conspicuously  industrious,  careful 
and  sincere.  He  is  usually  fair  in  his  statements  of  historical  facts,  if 
not  in  their  interpretation.  He  is  also  unfailingly  courteous,  if  we 
except  an  allusion  to  "the  younger  generation  of  economists,**  toward 
whom  courtesy  is  not  traditional. 

The  author's  endeavor  has  been  "to  build  on  the  broad  foundations 
of  Adam  Smith  and  Mill  without  trenching  unduly  on  the  domain  of 
ethics,  jurisprudence  or  politics."  He  confesses,  however,  that  he 
owes  **  far  more  to  Adam  Smith  than  to  Mill."  He  takes  exception 
to  Mill  both  on  account  of  his  "want  of  historical  knowledge"  and 
because  he  was  continually  influenced  by  ethical  considerations. 
These  sentences  suggest  the  principal  characteristics  of  the  book. 
The  writer  accepts  substantially  the  views  of  Adam  Smith.  Of  comfse 
it  is  conceded  that  his  statements  regarding  stock  companies,  and 
possibly  a  few  others,  have  been  disproved  by  experience,  but  these 
concessions  are  few  and  do  not  touch  fundamentals.  Mill's  views  are 
oftener  rejected,  especially  his  theory  of  population  and  of  the 
nature  of  the  laws  of  distribution,  while  his  more  questionable  wage- 
fund  theory  is  accepted  with  qualifications.  His  ethical  and  philan- 
thropic temper  are  repeatedly  noted  as  a  source  of  error. 

In  these  days,  however,  interest  centres  in  the  doctrine  ot  taisux/aire. 
On  this  point  our  author  leaves  no  doubt  as  to  his  position.  **^It  may, 
perhaps,  be  thought  that    .     .     .    practically  the  gre«tert  happtneis 


:  .>4  Annals  of  thk  American  Academy. 

of  the  greatest  nuuiber  will  be  admitted  by  everyone  as  the  economic 
ideal.  Hut  a  ready  example  shows  that  this  is  not  so.  Maximum 
freedom  is  at  lea.st  as  attractive  and  may  lay  claim  to  equal  authority. 
I-or  my  own  part  I  should  not  care  to  regard  equality  of  distnbution, 
even  if  it  could  be  shown  to  be  both  practicable  and  also  productive 
of  tfui  I  itnutn  happintss,  as  the  ultimate  goal  of  human  progress. 
The  s.idness  of  wisdom  may  be  preferable  to  the  mirth  of 
follv  "  No  definition  of  wistlom  is  vouchsafed,  though  obviously 
callol  for.  It  evidently  does  not  consist  in  the  pursuit  of  maximum  hap- 
piness, even  for  society  as  a  whole.  Liberty  has  been  often  defended 
as  a  ionditioH  of  maxinmm  happiness,  but  Professor  Nicholson  seems 
to  h.ive  made  an  original  contribution  to  the  discussion.  That  this 
lil>crty  so  laudeil  requires  that  men  be  "let  alone"  by  government, 
t.  r.,  that  vState  activity  is  necessarily  restrictive  and  annoying,  never 
•dimply  co-ordinating  and  directive,  is  assumed  as  obvious.  "The 
younger  generation  of  economists  think  it  is  their  principal  business 
to  invent  and  justify  new  modes  of  governmental  interference.  .  .  . 
They  have  a  child-like  faith  in  the  omnipotence  of  a  duly  reformed 
Parliament,  in  the  altruism  of  the  common  man  and  in  the  virtue  of 
<)U-du-iice.  On  these  points,  however,  I  have  to  confess  myself  a 
dis^-:j)Ie  of  Adam  Smith,  who  believed  very  little  in  senates,  and  less 
in  those  who  profess  to  trade  for  the  common  good,  and  who,  in  his 
pr;iiscs  of  liberty,  has  had  the  singular  honor  of  furnishing  mottoes 
and  texLs  to  the  literature  of  Russian  anarchists."  Mill  is  sharply 
condemned  for  conceding  too  much  to  the  opponents  of  laissez /aire. 
!n  all  other  points  the  author  is  orthodox.  The  reader  of  Smith, 
Ricardo  and  Mill  will  find  no  new  doctrines  in  these  pages.  The  inno- 
vations of  Jevons,  Sidgewick  and  Marshall  are  considered  at  length, 
but  only  by  way  of  refutation,  the  "general  reader"  being  wisely 
"  rei'ominende<l  to  pass  ovor  "  the  discussion. 

'Hie  r.econd  characteristic  of  the  book  is  its  large  use  of  the  histori- 
cal tnrthod.  a  most  valuable  feature  and  one  in  marked  resemblance 
to  Ad.iin  Smith.  The  valuable  researches  of  Rogers,  Cunningham, 
Scclxihm  an«l  others  contribute  excellent  material  which  is  exten- 
Mvely,  and  for  the  most  part  judiciously,  employed.  An  exception 
may  jH-rhaps  be  noted  in  the  case  of  the  I^nglish  land  system,  where 
tlir  h:>tr.n(al  Irratment  becomes  discursive  and  wholly  out  of  propor- 
iK.n  to  th.it  of  other  i)arts  of  the  general  subject.  To  this  is  partly 
dur  ihr  c.,nspi(  uously  insular  character  of  the  work.  Far  more  than 
in  lhr,aM-nf  .Mill  the  di.sciissi(jn  i)resupposes  Knglish  economic  con- 
•  litK.nn. 

The  nvr  of  historical  matter  of  course  implies  induction,  but  it  should 
not    rxclu.lc   de<iuction    and    exact    analysis.       The  two  instincts  are 


Principles  op  Political  Economy.  125 

seldom  well  balanced  however  in  a  single  mind,  and  so  here.  Deduc- 
tion is  rare,  exact  analysis  wholly  lacking.  The  book  scarcely  contains 
an  example  of  an  economic  conception  clearly  analyzed  and  unam- 
biguously stated.  The  author's  general  idea  can  usually  be  diacemed 
or  inferred  from  his  expressed  sympathy  with  other  writers,  but  it  ta 
surrounded  by  a  penumbra.  While  admitting  with  him  that  "  natural 
species  have  centres  but  no  outline,"  the  same  need  not  be  true  of 
our  definitions  of  them.  The  author  is  apparently  unconscious  of  the 
defect  for  he  frequently  emphasizes  the  necessity  of  thorough  analysis. 
Nor  is  the  fault  one  of  style,  which  is  lucid  enough.  His  mind  simply 
does  not  exact  thorough  analysis.  It  is  hard  to  understand  how  he 
can  cite  with  approval  Bohm-Bawerk's  masterly  analysis  of  the 
conception  of  capital  and  then  contentedly  publish  one  so  conspicu- 
ously inferior  to  it  I  do  not  refer  to  the  questionable  meaning  which 
he  gives  to  the  word  (practically  all  accumulated  wealth)  but  to  the 
vagueness  with  which  that  meaning  is  stated. 

One  further  feature  of  the  book  should  be  noted,  namely,  its  attempt 
to  separate  economics  from  jurisprudence,  politics,  and  notably  from 
ethics.  This  principle  is  doubtful,  for  no  science  is  intelligible  which 
does  not  largely  assume  the  results  of  related  sciences.  But  whether 
the  principle  is  sound  or  not,  the  application  of  it  is  open  to  criticism. 

We  are  told  that  the  economist  must  ask  what  forces  do  govern  the 
production  and  distribution  of  wealth,  not  what  forces  should  govern. 
He  may  inquire,  but  must  not  recommend.  Probably  not  everyone 
will  quite  sympathize  with  this  extreme  rigor.  It  might  be  objected 
that  these  recommendations  are  not  of  the  province  of  ethics,  but  are 
merely  the  practical  applications  of  the  science.  The  biologist,  to 
be  sure,  does  not  recommend  that  the  oyster  should  have  two  abduc- 
tor muscles  like  the  clam;  he  simply  notes  that  he  has  but  one.  But 
if  men  controlled  molluscan  anatomy,  biologists  would  doubtleaft 
express  an  opinion,  and  to  prevent  such  an  expression  would  be  to 
silence  our  only  competent  advisers.  Ethics  furnishes  us  with  no  body 
of  maxims  for  conduct.  These  must  come  from  that  great  body  of 
sciences  which  deal  with  the  phenomena  of  human  action.  If  these 
sciences  do  not  furnish  guidance  for  such  action  as  they  are  competent 
to  modify  they  are  barren  of  their  most  valuable  fruit  That  eco- 
nomic phenomena  are  modifiable  by  conscious  human  effort,  even  the 
doctrinaire  will  hardly  deny  except  by  implication.  If  so  economics 
should  and  will  suggest  changes  for  the  moral  sense  to  enforce, 
and  ethics  will  bring  no  suit  for  trespass.  Of  course  if  it  is  really  a 
matter  of  doubt  whether  maximum  ultimate  happiness  be  the  goal  of 
human  progress  the  economist  in  common  with  other  men  will  find 
recommendation  difficult,  but  this  embarrassment  will  probably  not 


I 


126  Annaxs  of  thb  American  Academy. 


be  widely  felt.  When  the  quibbles  connected  with  the  word,  "  happi- 
ness," are  thoroughly  eliminated,  the  remaining  question  is  scarcely 
capable  of  discussion,  it  becomes  rather  a  criterion  of  sanity. 

But  it  must  be  admitted  that  investigation  requires  a  temperament 
almost  irreconcilable  with  ethical  ideals  and  enthusiasm  for  social 
reform.  We  should  not  expect  the  scientist  to  lead  in  reforming 
society  or  to  disparage  those  who  do.  The  scientist  is  the  modem 
seer,  an  organ  specialized  by  society  for  simple  seeing.  It  can  hardly 
be  claimed  however,  that  the  author  attains  his  laudable  ideal.  He 
has  his  share  of  social  prejudices  and  ill-conceals  them.  While  refus- 
ing to  admit  the  ideal  of  happiness  as  a  criterion  of  judgment  he  is  not 
able  to  divest  himself  of  its  influence,  still  less  of  that  of  his  more 
conspicuous  ideal  of  liberty.  This  influence  would  have  been  safer 
had  it  been  conscious  and  avowed,  but  instead  the  subtle  presence  of  a 
shifting,  chameleon  colored  ideal  lends  treacherous  ambiguity  or 
fallacy  to  his  argument.  His  undisguised  championship  of  laissez 
/aire  and  contempt  for  economic  Utopias  are  not  examples  of  colorless 
vision,  nor  can  the  man  who  disclaims  ideals  boast  that  he  "believes 
very  little  in  senates."  These  things  imply  ideals  which  if  not  elimi- 
nated should  be  defined  and  confessed. 

I  have  so  far  tried  to  explain  the  author's  position  and  to  criticise 
his  work  from  that  position.  I  will  now  state  briefly  my  objections  to 
the  position  itself. 

I.  It  regards  economics  as  an  objective  science.  It  deals  with  the 
production  of  goods  but  ignores  consumption,  or  the  production  of 
satisfactions.  It  talks  of  competition  but  forgets  that  consumption  is  the 
competitor  of  production  in  its  claims  on  the  time  and  interest  of  men. 
It  considers  the  extensivity  and  ignores  the  intensivity  of  wealth.  By 
thus  stopping  short  of  those  facts  which  alone  give  significance  to 
economic  discussion,  the  phenomena  of  economic  life  become  inex- 
plicable. Poverty  united  with  plenty,  and  prosperity  dissociated  from 
abundance  are  riddles  it  cannot  solve.  Of  course  it  cannot  avoid  talk- 
ing of  utility  and  value,  involving  subjective  factors,  but  it  can  and 
does  fail  to  recognize  their  importance  or  to  discern  their  laws.  Objec- 
tive economics  is  the  alchemy  of  the  science,  a  description  of  outward 
results.  It  is  unscientific,  because  it  ignores  causes  which  may  be 
examined  and  understood. 

II.  It  explains  distribution  by  production.  The  powerful  influence 
of  combination,  of  education,  of  law  in  changing  the  conditions  of 
competition  is  necessarily  admitted,  but  theories  are  not  modified 
accordingly.  It  is  of  course  admitted  that  wages  may  vary  from  min- 
imum maintenance  to  full  product  according  to  the  bargaining  power 
of  the  parties  involved;  it  is  obvious  that  neither  minimum  necessary 


Principi.es  of  Politicai.  Economy.  127 

maintenance  nor  bargaining  power  stand  in  any  fixed  relation  to  the 
productivity  of  labor;  but  the  obvious  conclusion  of  these  facts,  that 
production  forces  determine  the  amount  to  be  divided,  and  distinct 
forces  independent  of  production  determine  the  proportion  of  the 
shares,  this  conclusion  ,is  nowhere  drawn.  The  origin  of  the  pro- 
I  activity  theory  of  distribution  is  plain.  Before  division  of  labor 
came  (so  runs  the  argument),  each  man  had  what  he  produced,  and 
of  course  production  determined  his  remuneration.  Now  each  man 
has  his  share  of  a  joint  product,  obviously  only  an  adaptation  of  the 
former  principle.  Precisely;  but  what  determines  his  share,  his  con- 
iribution  to  the  result  being  incommensurable?  It  is  with  the  neces- 
sity for  dividing  a  joint  product  that  the  problem  of  distribution 
appears.  But  when  a  theory  is  surrendered  in  its  applications,  why  is 
It  retained  as  a  generalization  ?  The  reason  is  apparently  that  the 
social  corollaries  of  the  oppKsite  theory  are  repugnant  to  an  ultra- 
individualistic  philosophy. 

III.  Finally,  the  economics  in  question  misinterprets  history  in  its 
estimate  of  the  function  of  the  State.  I  bow  low  in  homage  to  Adam 
Smith,  but  I  do  so  in  the  full  conviction  that  were  he  bom  into  our 
lay  he  would  revise  the  •*  Wealth  of  Nations  "  as  his  followers  refuse 
to  do.  He  was  keen,  observant,  and  untrammeled  by  orthodox  tra- 
ditions. The  law  of  settlement,  the  statute  of  apprentices,  the  old 
poor  law,  etc.,  gave  him  material  for  a  damning  indictment  of  State 
interference.  They  were  clumsy  attempts  of  a  half  metamorphosed 
military  organization  to  perform  industrial  functions,  efforts  to  plow 
with  swords  not  yet  beaten  into  plowshares.  This  clumsiness  of  the 
State  contrasted  ill  with  the  virility  of  an  exceptionally  stimulate<l 
individual  enterprise,  and  in  hailing  the  movement  from  status  to 
contract,  Adam  Smith  became  tlie  prophet  of  a  centur>'. 

But  the  succeeding  century  has  brought  the  infamies  of  the  early 
factory,  the  senntude  of  labor  and  the  stunting  of  a  race.  It  has 
brought  in  succession  the  rivalry,  the  frenzy  and  the  paralysis  of  com- 
petition. It  has  brought  corporations,  syndicates  and  trusts,  and  rail- 
way magnates  who  dictate  terms  to  nations.  The  abtlication  of  the 
State  from  its  industrial  functions  has  developed  the  pseudo-state,  rul- 
ing by  virtue  of  neglected  prerogatives.  We  have  seen  this  pseudo- 
state  purchasing  the  legality  of  its  acts,  the  moral  obliquity  of  the 
monstrous  debauchery  being  cliarged,  with  the  per>*ersity  of  prepos- 
session, wholly  to  the  account  of  the  state.  On  the  other  hand  w« 
have  seen  government  industries  prosecuted  with  eminent  success. 
We  have  seen  the  reform  of  the  poor  lawn,  and  the  passage  of  the  fac- 
tory acts,  a  monument  of  beneficence,  against  the  united  opposition 
of  the  praisers  and  the  practicers  of  unrestricted  self-interesL.    These 


128  Annals  of  thk  American  Academy. 


facts  may  be  variously  estimated  but  they  must  not  be  ignored.  The 
reader  of  Professor  Nicholson's  book  would  not  guess  that  trusts  had 
ever  existed,  or  that  the  maintenance  of  real  freedom  of  contract  was 
diflBcult  or  doubtful.  I  must  insist  that  those  who  ignore  such  things 
or  hold  traditional  conclusions  unmodified  by  them  are  no  kindred 
of  Adam  Smith.  Nor  is  it  enough  grudgingly  to  admit  the  benefi- 
cence of  the  factory  acts,  and  deny  that  the  State  can  be  useful  farther. 
Historj-  is  worthless  if  it  does  not  enable  us  to  project  the  orbit  of 
progress  into  the  future.  Doubtless  State  intervention  has  its  dangers 
and  its  limits,  but  limits  shift  and  diflSculties  that  once  baffled,  here  as 
elsewhere,  are  later  overcome. 

Concession  after  concession,  qualification  after  qualification,  has 
sapped  the  vitality  of  the  doctrine  of  laissezfaire.  It  lacks  the  vig- 
orous conviction,  the  conscious  obviousness  and  the  confident  appeal 
to  current  experience  which  characterized  the  writings  of  Adam  Smith. 
Even  its  calmest  advocates  can  hardly  refrain  from  epithets  and  spleen. 
All  signs  indicate  a  readiness  for  a  new  prophet,  a  new  Adam  Smith, 
who  shall  interpret  to  us  the  signs  of  our  times. 

H.  H.  Powers. 


Wesen  und  Zweck  der  Politik,  als  Theil  der  Sociologie  und  Grund- 
lage  der  Staatswissenschaften,  Von  Gustav  Ratzenhofer.  3  vols. 
Pp.  400,  363  and  481.  Price  20  m.  Leipzig  :  Bockhaus,  1893. 
The  question  whether  history  is  a  science  has  always  been  mucli  less 
a  matter  of  controversy  than  the  question  whether  politics,  while 
apparently  only  political  shrewdness  or  skill  in  State  afiairs,  can  be 
a  science.  Politics  has  been  regarded  as  synonymous  with  statecraft, 
and  this  view  has  been  strengthened  by  the  fact  that  every  attempt  to 
treat  politics  as  a  science  has  failed.  There  have  been  such  attempts 
made,  though  they  have,  as  Robert  von  Mohl  declares,  all  "stopped 
with  modest  demands."  Mohl,  himself,  in  his  ''Cyclopddie der Staats- 
wissenscha/ten,''  presents  a  brief  outline  of  politics  in  the  sense  of 
" statecraft,"  or  the  "theory  of  the  appropriate  means  to  the  attain- 
ment of  the  various  purposes  of  the  State."  Holtzendorf,  likewise, 
has  written  a  book  on  the  '' Prinzipien  der  Politik,''  in  which  he 
essays  to  set  forth  the  scientifically  established  laws  of  political  action. 
But  both  Mohl  and  Holtzendorf  forget  that  science  affords  no  guide 
for  action,  that  science  must  not  be  confounded  with  art.  The  function 
of  science  is  to  present  the  objective  development  of  phenomena  and 
the  laws  of  this  development;  and  a  science  of  politics,  therefore, 
should  set  forth  the  political  actions  of  men  as  a  social  phenomenon 
having  a  regular  development.    There  has  been  no  such  presentation 


I 


Wksen  und  Zwbck  dkr  Poutik.  129 

to  the  present  time  for  the  simple  reason  that  so  long  as  the  State  it 
regarded  as  the  work  of  man's  free  will,  and  all  political  action  aa 
man's  "  free  deed,"  there  can  be  no  science  of  politics. 

It  was  only  when  sociology  conceived  the  state  to  be  the  natnral  and 
necessary  product  of  the  elementary  forces  dominant  in  heterogencoua 
groups,  when  the  state  came  to  be  regarded  as  a  natural  phenomenon,* 
that  the  further  question,  according  to  what  laws  have  the  activities  of 
these  social  elements  developed  in  this  natural  product,  could  become 
a  subject  for  scientific  investigation.  Thus  a  scientific  treatment  of 
politics  could  rest  only  upon  the  basis  of  sociology.  Gustav  Ratten* 
hofer  is  the  first  to  attempt  such  a  treatment,  and  to  carry  it  out  in  a 
really  ingenious  manner.  Wc  believe  we  do  not  err  in  asserting  that 
Ratzenhofer's  name  will  from  now  on  be  associated  with  those  of  the 
greatest  authors  of  the  past,  Machiavelli,  Comte  and  Spencer;  but  with 
this  difference,  however,  that  what  were  unsucceaaful  attempts  on 
their  part,  have  been  changed  by  him  into  success. 

After  summarizing  the  sociological  theories  in  the  introduction,  the 
author  devotes  the  first  two  volumes  to  the  **  IVesrn  (Ur  fbliliM.**  He 
accepts  as  the  most  important  fundamental  fact  of  sociology  *' the 
presence  of  numerous  distinct  but  intercommingling  races,  a  fact  which, 
for  one  thing,  excludes  as  scientifically  unusable  the  [theory  of  the] 
descent  of  mankind  from  a  single  pair."  In  the  four  large  divisioaa 
of  these  first  two  volumes  he  discusses :  I,  Politics  (im  aUgemeinen)\ 
II,  National  (or  Home)  Politics;  III,  Foreign  Politics;  IV,  Social 
Policy  {Geselhchaftspolitik).  The  author  understands  politics  to  be 
the  activity  of  a  social  community  in  its  own  interest.  Sociologiats 
also  use  the  term  "  group  "  instead  of  community,  and  the  author  often 
employs  the  expression  "political  individualities."  f  Every  body  of 
men  having  common  interests  forms  such  an  *'  individuality  "  but  it  is 
often  the  case  that  a  single  person,  such  as  a  statesman  or  a  ruler,  is 
himself  a  "political  individuality." 

*'  Politics  (im  allf^nneineii)  grows  out  of  the  inter-relations  of  coming 
in  contact  with  one  another.  The  political  person  (1.  r.,  generally 
the  group,  the  class,  the  society)  exists  because  of  common  descent, 
like  occupation;"  similar  conditions  as  to  amount  of  wealth  owned, 
and  often  because  of  a  common  language,  religion,  civilization,  etc. 
The  author  takes  the  position  of  an  outside  observer  in  the  midst  of 
these  "political  persons "  (groups,  classes,  etc.)  whom  he  sees  having 

•On  ttaU  McioIoKical  theory,  consult:  Gamplowks,  "/Vr  ^ajjm  A'mmf/,"  Xna*- 
brack,  18S3,  and  "  Grundriss  der  Sociologie,"  WIen,  1885. 

t  \" /mdsvidmalitatem."  It  !•  perhaps  beat  to  tranaUte  "patittuJU  /mdi9$dmsM§' 
Un  "  and  "  pcMiscke  PtrsonliekktiUn  "  aa  political  individuaU  and  politkal  per* 
soaa.— Sorroa]. 


130  Annals  of  the  American  Academy. 

contact  with  each  other,  struggling  each  against  the  other,  or  agreeing 
upon  compromises,  and  investigates  the  motives  of  their  action,  the 
methods  of  their  practices,  the  aims  they  seek  to  obtain  by  these  prac- 
tices and  the  conditions  which  render  more  difficult  or  more  easy  the 
attainment  of  these  purposes.  In  this  manner  Ratzenhofer  has  suc- 
ceeded in  making  politics  a  science,  just  as  Adam  Smith  was  able  to 
raise  political  economy  to  such  a  rank  because  he  simply  observed  the 
economic  phenomena  and  stated  their  vital  principles  and  their  con- 
formity to  laws. 

Of  course,   when  an  observer  takes  such  an  objective  unpartisaii 
standpoint,  we  cannot  expect  him  to  palliate  events ;  and  thus  the 
presentation  given  by  Ratzenhofer  will  wound  many  a  sensitive  nature 
However,  the  blame  lies  not  with  the  scientific  investigator,  who  state 
the  truth  first  of  all,  but  rather  with  the  regardlessness  and  egotistic 
action  of  the  "political   individuals."     We  can   no  more   reprc 
Ratzenhofer  because  the  **  political  persons  "  carry  on  a  life  and  deat 
struggle  that  they  may  thereby  pursue  purely  selfish  aims  and  empl< 
every  means  that  will  secure  to  them  these  aims,  than  we  can  censi 
Adam  Smith  because  of  his  economic  motive,  ' '  self-interest, ' '  or  Darwil 
because  of  the  "struggle  for  existence  "  which  he  observed  and  inv< 
tigated.     Ratzenhofer  is  only  the  faithful  delineator  of  the  thinj 
which  the  actual  facts  bring  within  observation.     Furthermore, 
gives  us  cheerful  prospects  of  "civilizing"  politics  in  which  noblei 
motives  dominate,  and  the  "barbarous"  politics  are  held  in  checl 
Far  be  it  from  him,  however,  to  set  up,  as  political  writers  often  c 
moral  rules  for  political  action,  with  the  demand  that  they  shall 
oljserved  by  contending  parties,  nor  has  he  any  thought  of  writing 
code  of  State  morals  {'^ SiaaistnoraP'),  as  Mohl  once  desired  to  dc 
To  be  sure,  he  often  gives  counsel  and  introduces  rules  of  action,  bt 
these  concern  only  the  fitness  of  particular  operations.    When  he  dc 
thus  give  his  counsel,  it  is  such  that  it  can  be  put  into  practice  equally 
well  by  the  representative  of  the  nobility,  the  church,  the  laborers 
the  farmers,  he  gives  only  rules  for  action  deduced  from  the  exj 
rience  of  political  conflicts. 

This  struggle  of  "  political  persons  "  is  subject  to  the  "  law  of  absc 
lute  enmity."  '' Diese  absolute  Feindseligkeif'  is  the  essentij 
characteristic  of  all  politics.  However,  the  purpose  of  all  politics 
sncceaa— fiuccess  in  the  struggle  to  satisfy  the  self-interests  of  tl 
political  individual.  Such  interests  are  numerous;  the  source  from 
which  they  all  flow  is  the  care  for  existence.  "Men  have  a  strong 
desire  to  raise  themselves  out  of  the  lowlands  of  material  cares,  a 
desire  which  continually  increases  witli  growing  culture."  Besides 
these  material  motives,  there  are,  of  course,  intellectual  and  moral 


Wesen  und  Zwbck  der  Poutik.  131 

ones,  but  these  are  ouly  the  branches  on  the  trunk  of  the  material  mo- 
tives. According!:  to  the  position  of  the  individual,  or  the  "political 
persons,"  does  the  one  or  do  the  other  of  these  motives  have  prepon- 
derance in  determining  political  action;  but  "the  mass  of  persons 
must  be  ruled  by  material  motives  tmder  all  circumstances."  This 
does  not  prevent  these  same  masses,  and  often  their  leaders,  from 
holding  before  themselves  various  other  motives,  such  as  love  of 
country,  justice,  etc. 

We  see  that  the  author  is  extremely  realistic  in  his  presentatk>&« 
but  he  justly  observes  that  "investigations  concerning  the  character 
of  politics  demand  a  ruthless  striving  after  truth."  (I,  59).  Conse- 
quently, the  author  does  not  hesitate  to  tell  men,  as  political  beings, 
the  full  and  unmixed  truth,  and  to  hold  before  them,  as  such,  a  mirror 
in  which  every  lover  of  truth,  must  plainly  recognize  that  which  he 
loves. 

'•  If  we  wish  to  know  the  causes  of  political  conflict,"  he  says,  "  we 
must  entirely  disregard  every  moral  struggle. "  .  .  .  "  The  ani- 
mal part  of  our  race  contains  the  true  causes  of  the  struggle  for  exist- 
ence." (I,  126).  Since  "nourishment  and  the  increase  of  the  race 
are  dependent  upon  the  area  which  is  at  the  disposal  of  the  single 
individual  and  of  the  race,  it  follows  that  the  gaining  of  territory  is 
the  object  of  every  political  conflict;  "  all  other  objects,  as  for  exam- 
ple, slaves,  capital,  advantages  in  trade,  are  only  means  "by  which 
men  make  the  produce  of  a  given  area  and  the  advantages  of  space  ** 
serviceable  (I,  127). 

The  most  primitive  political  persons  that  carry  on  political  conflict 
are  primitive  hordes;  development  leads  to  the  tribe,  state  and  nation; 
these  are  the  more  advanced  political  persons.  The  character  of  the 
political  struggle  remains  the  same;  its  forms  alone  change  according 
to  the  proportion  of  this  development.  These  few  sentences  are  giren 
merely  to  afford  the  reader  an  idea  of  the  character  of  Ratzenhofer's 
work.  It  would  take  us  too  long  to  give  even  an  approximate  r^snmi 
of  its  rich  contents. 

Passing  from  the  "Character  of  Politics  {im  allgem^meny*  to  "Na- 
tional Politics,"  the  author  portrays  the  parties  in  the  state,  sets 
forth  the  "leading"  of  the  same,  and  describes  the  statesman,  the 
agitator  and  demagogue.  He  brings  out  characteristic  instantaneous 
photographs  of  these  types.  Likewise  the  chapters  [in  ^which  he 
brings  before  us  the  stages  of  political  operations  are  incomparably 
masterly.  Prom  these  chapters,  politicians  of  all  parties;  ministers  of 
state  as  well  as  leaders  of  workingmen  may  learn  miKh. 

After  national  politics  "foreign  politics"  are  treated.  Here  the 
states  form  the  contending  uniu  and  thus  the  political  persons.    Tbe 


132  Annals  of  the  American  Academy. 

objects  of  foreign  politics  are:  "The  increase  and  maintenance  of  the 
national  territory  and  the  advantages  of  trade."  This  kind  of  politics 
does  not  serve  party  advantage,  but  the  interest  of  the  state,  which 
interest  the  author  defines  as  the  "common  will  of  the  social  struc- 
ture." The  author  examines  the  conditions  upon  which  the  political 
power  of  tlie  state  abroad  depends.  Among  these  conditions  are  good 
natural  boundaries.  "The  destruction  of  the  State  of  Poland  is  a  clas- 
sical example  of  the  disadvantage  of  defective  natural  boundaries" 
(II,  39).  The  chapters  concerning  the  defence  of  the  state  (a  subject 
upon  which  the  author  wrote  a  very  good  book  eleven  years  ago),  are 
excellent 

After  devoting  several  chapters  to  the  foreign  political  operations  of 
the  state,  the  author  ends  this  division  of  his  work  with  a  glance  at 
"  world  politics  "  (or  the  policy  of  colonization).  Here  he  very  justly 
remarks  that  the  interests  of  culture,  which  in  Europe  restrain  abso- 
lute hostility  or  wars,  necessitate  the.  extension  of  dominion  outside 
of  Europe  (II,  243).  Because  of  this  the  European  States  have  entered 
upon  their  colonial  policy  and  the  "struggle  for  possessions  and 
influence  outside  of  Europe."  In  this  foreign  arena  of  conflict  the 
"struggle  between  Russia  and  England  for  world  dominion  stands  in 
the  foreground."  The  author  thinks  that  this  conflict  will  ultimately 
be  settled  by  England's  giving  Asia  to  Russia,  in  order  thereby  to 
maintain  herself  in  the  rest  of  the  world,  India  being  retained  as 
long  as  possible  under  England's  care. 

But  Ratzenhofer  looks  still  farther,  and  foresees  the  time  when  "  out 
of  the  downfall  of  Russia  and  out  of  the  dissolution  of  the  English 
power  into  many  separate  English  States,  a  circle  of  states  embracing 
the  world  shall  at  last  arise  as  the  outcome  of  the  increasing  dominance 
of  European  culture"  (II,  249).  It  may  seem  that  here  the  author 
has  given  too  loose  reins  to  his  political  fancy,  but  that  is  not  the  case. 
He  is  only  drawing  the  strong,  logical  conclusions  from  his  scientifically! 
and  firmly  established  premises  in  regard  to  the  character  of  politics. 

The  investigation  of  "social  policy"  {Gesellscha/tspolitik)  forms^ 
the  last  (IV)  division  of  the  second  volume.  "In  every  state,"  he 
■ftys,  "there  are  'persons'  which,  under  the  laws  in  force,  can  obtain 
no  power.  These  persons  strive  for  political  power,  either  by  means 
of  revolution  or  by  opposing  the  existing  legal  order  with  the  legal 
powers  they  possess  under  that  order."  Such  persons  (and  here  we 
arc  thinking  of  religious  and  socialist  parties)  necessarily  seek  the 
support  of  those  circles  that  are  outside  the  state,  but  have  com- 
mon interests.  "This  struggle  and  the  conflict,  within  and  without 
the  state,  which  arises  in  consequence,"  is  social  policy  {Gesel 
uha/ispolitik)  (II,  252).     In  this  section  the  author  discusses  in  a  vei 


WKSEN   UND   ZwECK    DER    PoUTIK.  X33 

objective  and  moderate  manner  the  work  of  the  various  religious, 
nationalistic,  capitalistic,  feudal  and  communistic  (socialistic)  sodetica. 
At  this  juncture  he  speaks  at  length  of  the  Antisemitic  Society,  whidi 
was  called  into  being  by  the  Jewish  Society,  in  keeping  with  the 
eternal  and  unchangeable  law  that  "every  really  effective  social 
organization  calls  forth  an  opposing  one  "  (II,  363). 

After  the  author  has  investigated  the  nature  of  politics,  as  carried 
on  both  by  society  and  by  the  state,  and  in  national  and  foreign  afiaira, 
he  takes  up,  in  Volume  III,  the  purpose  and  aims  of  each  of  these  sy»> 
terns  of  politics.  Throughout  the  first  two  volumes  a  realism  prevails 
that  certainly  will  not  escape  being  considered  pessimistic  by  many 
though  I  should  by  no  means  make  such  an  indictment  With  the 
very  first  page  of  the  third  volume,  however,  the  author  enters  upon 
a  somewhat  optimistic  course  of  thought,  a  fact  that  will  conciliate 
many  opponents  of  the  first  two  volumes.  The  author  thinks  he 
can  prove  that  *'  the  influence  of  the  self-interest  of  all,  taken  collec« 
tively,  upon  individual  self-interest"  is  growing  with  the  development 
of  mankind,  and  that  the  aim  of  politics  is  to  "  harmonize  progressive 
socialization  and  individualization,  the  one  a  social,  the  other  an 
individual,  necessity."  To  the  extent  that  politics  fulfill  this  purpose 
are  they  civilizing; "  following  an  opposite  course  will  produce  '*  bar- 
barous" politics.  "The  aim  of  politics,  *.  e.,  civilizing  politics,  is  the 
commonweal  of  mankind." 

The  author  is,  of  course,  careful  to  say  that  he  is  speaking  only  con* 
ditionally  of  the  purpose  of  politics,  because  ' '  considered  as  a  phenom- 
enon, politics  is  of  itself,  without  purpose. "  This  assurance  is  fortunate, 
for  without  it  we  should  be  compelled  to  charge  him  with  having  a 
teleological  concept  of  the  world.  The  author  seems  to  appreciate  this 
well,  and  consequently  does  not  neglect  at  the  outset  to  surround  his 
statements  regarding  the  purpose  of  politics  with  certain  restrictions, 
in  order  that  he  may  protect  himself  against  ever>'  possible  accusation, 
and  especially,  against  the  charge  of  an  unwarranted  optimism.  For 
the  charge  of  being  thus  optimistic  would  be  at  the  door  of  everyone 
who  claimed  that  the  aim  of  all  politics,  domestic  and  foreign,  and  the 
policy  as  well  of  all  societies,  is  to -secure  the  maximum  welfare  of  all 
mankind.  The  author  does  not  make  this  claim.  Nevertheleas  he 
naturally  desires  not  to  leave  his  large  temple  of  thought  without  har- 
monious completion;  he  wishes,  so  to  speak,  to  crown  his  stractnre 
with  a  beautiful  dome.  He  has  spoken  of  struggles  and  conflicts  with- 
out end;  can  he,  then,  tell  us  nothing  of  the  ^jji'^/^  conclusion  of 
these  as  an  aim  of  politics  ?  Not  to  do  so  would,  perhapa,  be  more 
scientific,  though  less  human. 


134  Annals  ok  the  American  Academy. 

The  author  does  not  practice  any  such  cruelty  upon  his  readers. 
Just  as  the  poet  brings  his  tragedy  to  a  conciliatory  close  so  Ratzen- 
hofer  reassures  us  with  a  reference  to  a  possible  ending  of  these 
struggles  by  the  victory  of  civilization.  This  is  what  he  terms  **  prac- 
tical optimism."  However,  we  will  not  call  him  to  account  for  this, 
because  we  ourselves  accept  this  humane  view.  The  idea  may  not  be 
absolutely  scientific,  but  we  gladly  accept  it  as  a  kind  of  religion  of 
humanity.  This  practical  optimism  judges  all  poHtics  according  as 
they  do  or  do  not  lead  to  a  higher  degree  of  socialization  of  men;  if 
they  do,  then  they  lessen  tlie  "absolute  enmity  "  within  the  societies 
that  are  thus  more  highly  socialized;  and  there  results  a  harmony  of] 
the  interests  that  have  previously  been  in  barbarous  conflict. 

These  more  socialized  societies  can  in  time  come  to  include  entii 
circle  of  states.     In  them  also  the  material  motives  will  steadily  de-' 
cline,  and  the  intellectual  and  moral  incentives,  those  having  the  com- 
mon good  of  all  as  their  goal,  will  win  the  upper  hand.     Under  the] 
steady  operation  of  such  forces  culture  develops  into  civilization,  the] 
highest  form  of  morality  and  science  for  which  we  are  by  nature  fitted,?] 
a  civilization  whose  characteristic  is  freedom  of  thought  concemingi 
those  secrets  of  nature  that  have  from  the  earliest  times  been  the  pro- 
%4nce  of  religion  (III,  24).     Of  course,  we  are  to-day  still  very  far  firom 
such  a  condition  of  aflfairs.     To  mention  but  one  evidence  of  this, 
the  author  considers  "the  practical  (present)  meaning  of  the  aim  of 
civilizing  politics  "to  be  the  just  participation  by  each  person,  and] 
thus  by  the  masses,  in  the  conditions  of  life."     Since  the  idea  of  civil- 
ization requires  a  continually  increasing  socialization,  the  idea  is  not] 
concerned  with  the  maintenance  of  '  *  political  individuals ; ' '  the  con- 
tinuance of  political  individuals  may  often  prove  a  hindrance  to  civili- 
zation (III,  88). 

The  author  maintains  that  the  progress  of  civilization  is  certain,  be- 
cause it  is  a  natural  necessity  of  mankind.  We  cannot  follow  the] 
author  thus  far.  Has  he  not  at  this  point  allowed  himself  to  be  too  far] 
misled  by  his  "practical  optimism?"  On  the  contrary,  we  will^ 
gladly  join  him  in  believing  in  the  great  progress  of  the  idea  of  civili-1 
zation  within  the  states  and  the  larger  circles  of  culture. 

We  agree  with  the  author  that  the  tendency  of  races  and  nations  is 
to  unite  into  political  states,  for  it  is  a  social  law  that  the  concept  of  a 
nation  is  becoming  constantly  more  freed  from  the  idea  of  a  common 
ancestral  descent  (III,  130).  From  this  standpoint  of  a  necessary  pro- 
cett  of  civilization,  which,  like  a  social  law,  must  work"  itself  out  in 
every  state  with  a  civilizing  influence,  the  author  subjects  the  several 
"political  interests  "  existing  in  a  civilized  State  to  a  searching  criti- 
dam.     It  would  lead  us  too  far  afield  to  follow  the  author  into  detail 


Wesrn  und  Zweck  dkr  Politik.  135 

here.  Suffice  it  to  say  that  what  he  6a>'s  concerning  the  interests  of  the 
laboring  class,  of  capital  and  of  manufacturers  is  worthy  of  note.  He 
considers  the  basic  institutions  of  the  civilized  state  from  the  same 
standpoint  also.  "  and  the  purposes  of  the  same  when  carried  into  the 
realm  of  practice."  In  the  last  chapter,  devoted  to  the  latter  theme, 
he  considers  the  "  civilizing  administrative  system  "  of  the  state. 

The  succeeding  chapter  on  the  civilizing  foreign  politics  of  the  state 
gives  the  author  an  opportunity  to  investigate  pablic  law,  and  the 
commercial  and  colonial  policies  of  modem  states. 

In  the  last  division  of  this  (III)  volume,  the  author  gives  a  con- 
densed outline  of  his  philosophy  of  history,  under  the  title  of  a 
"  Critique  of  Civilization."  He  bases  his  philosophy  of  history  upon 
the  two  results  of  his  previous  investigations,  respectively  expressed  in 
tlie  two  following  sentences:  "  The  nature  of  politics  manifests  itaelf 
a.s  a  struggle  of  the  existing  public  entities  and  institutions  each  for 
its  own  advantage"  (III,  401).  *'  The  aim  of  politics  shows  itself  to 
be  establishment  of  a  harmony  of  all  interests." 

At  this  juncture  the  author  shows  that  according  as  civilization  itself 
is  politics  developed  for  the  accomplishment  of  good,  so  do  political 
methods  employed  in  the  civilizing  process  improve.  This  considera- 
tion is  a  warning  to  the  state  to  employ  as  far  as  possible  only  civiliz- 
ing means.  How  did  Castlereagh's  success  in  bribing  the  masses  and 
inducing  the  Irish  Parliament  to  decree  its  own  death  profit  Eng- 
land? What  advantage  has  it  been  to  Austria  to  fail  to  observe  the 
rights  by  which  she  and  Hungary  have  been  reconciled  ?  (Ill,  418). 

As  the  state  must  ultimately  place  itself  in  the  service  of  civiliza- 
tion, so  must  the  sciences  place  themselves  in  the  same  position  ?  The 
natural  sciences,  however,  must  form  the  basis  of  all  sciences,  the 
political  and  social  included,  if  they  are  to  be  justified  in  having  this 
aim;  for  civilization  itself,  as  the  author  asserts  in  the  "  Conclusion 
of  the  Discussion  of  Sociolog>',"  is  "  a  phenomenon  in  which  the  laws 
of  nature  obtain."  Tliis  view  demands  a  conscious  and  purposive 
participation  of  man  in  civilization.  The  author  calls  this  view  of 
civilization,  and  of  the  duties  men  have  toward  it,  **the  socialistic 
concept  of  the  world,"  an  expression  which  may  lead  to  ambignitiea 
and  mistakes. 

It  is  perhaps  better  to  designate  this  concept  of  the  world,  the  •*aocto- 
logical  "  rather  than  the  socialistic*  A  sociological  view  of  the  world 
for  the  reason  that  it  can  command  only  the  lading  thinkers  among 
men,  "  conceals  within  it.«ielf  no  social  dangers,  no  exaggeration,  as  the 

•  Cf.  Oomplowic* :  '*Dif  sociolofiukt  Staatsidt*."  Crai,  189a-  In  which  the 
•othor  r«tab«5hc«  thU  "  aodologtcal  view  of  the  world »•  la  a  w«y  simlUr  to  that 
employed  by  Ratsenhofcr. 


136  Annals  of  the  American  Academy. 

individualistic  does.  An  aggressive  indi\ndualism,  the  leaven  of  civili- 
zation, is  ineradicably  connected  with  our  political  nature,  to  temper  it 
and  rationally  to  restrict  it  is  the  purpose  of  socialism  considered  as  a 
world  ideal"  {i.  <?.,  as  a  sociological  view  of  the  world). 

The  author  closes  his  thoughtful  work  with  these  striking  words. 
We  have  been  able  to  present  the  content  of  the  book  but  briefly,  to 
give  a  detailed  estimate  of  the  work  would  lead  us  beyond  the  limits 
of  a  review.  We  think  it  is  not  saying  too  much  to  assert  that  this 
work  by  Ratzenhofer  is  an  epoch-making  one  in  the  world's  political 
literature.  The  name  of  its  author  will  henceforth  be  associated  with 
the  most  illustrious  sociologists  and  political  philosophers,  though  he 
may  at  first  expect  to  meet  much  opposition  from  the  ranks  of  the 
scholars  in  the  faculties  of  the  German  universities. 

LUDWIG  GUMPW>WICZ. 


Th^  Repudiation  of  State  Debts,  By  Wii^wam  A.  ScoTT,  Ph.  D. 
Pp.  X,  325.  Price  I1.50.  Library  of  Economics  and  Politics,  Num- 
ber 2.  Richard  T.  Ely,  editor.  New  York:  Thomas  Y.  Crowell  & 
Co.,  1893. 

The  first  feature  of  this  book  to  attract  the  reviewer's  attention  is  the 
extensive  and  painstaking  research  evinced  by  it.  A  vast  amount  of 
material  has  been  worked  through,  much  of  it  consisting  of  original. 
"  sources,"  though  a  portion — as  in  the  case  of  almost  any  book  now- 
adays— falls  rather  under  the  head  of  "authorities."  The  author j 
seems,  in  fact,  to  have  availed  himself  of  most  that  would  serve  his  j 
purposes  with  best  eflfect.  Nor  is  it  too  much  to  say  that  the  material 
has  been  well,  and  even  skillfully  handled. 

Another  merit  of  this  book  is  the  clear  and  concise  style  in  which  j 
it  is  written.  With  the  exception  of  a  single  sentence  on  page  71,  ini 
which  the  construction  of  the  word  "issued"  is  not  clear,  there  isij 
hardly  a  line  of  doubtful  meaning. 

The  author,  however,  shows  in  his  work  a  higher  quality  than  that] 
of  the  careful  investigator  or  the  clear  writer.     His  impartial  and  sue- ' 
ccssful  treatment  of  the  sectional  question  that  constantly  forces  itself- 
into  the  field  of  his  inquiry,  proves  that  he  has  the  historical  insight 
and  broad  human  sympathy  necessary  to  understand  and  interpret 
the  phenomena  with  which  he  has  to  deal.     His  summary  of  the  causes ; 
of  repudiation  in  the  South  is  admirable.     The  work  deals  with  a  most 
important  social  question,  and  its  value,  beyond  the  purely  economic 
aspects  of  the  case,  would  be  much  increased  if,  in  the  separate  accounts 
for  the  various  Southern  States,  the  separation  was  more  clearly  indi- 
cated between  the  ' '  carpet  bag  "  governments  which  saddled  the  States . 


1 


Repudiation  of  State  Dbbts.  137 

with  their  heavy  debts  and  the  more  representative  governments  which 
came  later  and  repudiated  these  debts.  The  reviewer  hopes  that  in 
the  next  edition  this  will  be  done. 

The  book  is  in  eight  chapters,  exclusive  of  the  appendices,  and 
these  eight  arrange  themselves  naturally  in  four  parU.  Chapter  I 
deals  with  "  The  Constitutional  and  Legal  Aspects  of  Repudiation." 
Chapters  II- VI  give  the  history  of  repudiation  in  each  of  tweh-e 
different  States.  Chapter  VII  deals  with  the  causes  of  repudiation, 
and  Chapter  VIII  proposes  remedies.  The  States  are  arranged  in 
groups;  on  what  principle,  however,  is  not  quite  apparent  One 
cannot  see  exactly  why  Mississippi,  Florida  and  Alabuna  should  be 
grouped  in  one  chapter,  while  Georgia,  Louisiana  and  Arkansas  are 
dealt  with  in  another.  But  in  fact  each  State  has  its  own  story  entirely 
separate  from  the  others. 

There  are  certain  other  details  of  no  very  important  character,  in 
which  correction,  addition,  or  change  might  be  desirable.  One  would 
like  to  know,  if  possible,  what  the  amount  of  land  referred  to  on  page 
62  really  was  and  what  was  its  approximate  value.  On  page  65  the  old 
debt  of  AIal)ama  is  summed  up  as  principal  alone,  while  the  item  just 
above  the  footing  line  contains  an  interest  element  On  page  99, 
and  again  on  page  320  the  resignation  of  Governor  Bullock  and  his 
flight  from  Georgia  in  1S71  are  spoken  of;  but  there  is  not,  as  there 
should  be  in  justice  to  him,  any  mention  of  his  subsequent  return  and 
his  life  in  Atlanta.  Chapter  VI  is  entitled  "  Repudiation  in  Vir- 
ginia," and  West  Virginia  is  in  this  way  dismissed  from  the  place  she 
deserves,  at  least  in  some  degree,  in  the  formal  enumeration  of  repu- 
diating States.  To  be  sure  the  connection  of  West  Virginia  with  the 
Virginia  debt  is  explained,  but  her  share  in  it  ought  to  gi\-e  her  a  place 
in  the  title  of  the  chapter.  "  Antoni  f.  Greenhow,"  page  185,  must 
mean  Hartman  r.  Greenhow.  It  is  to  be  questioned  whether  the 
table  given  on  page  214  and  repeated  on  page  275  will,  on  a  cloae 
study,  bear  out  the  conclusion  drawn  from  it  The  movement  of 
prices  of  Georgia  bonds  especially,  for  the  period  taken,  is  against  the 
inference. 

The  reviewer  is  of  opinion  that  repudiation  was  quite  as  much  doe 
to  the  lack  of  confidence,  which  the  States  having  low-priced  bonds 
had  in  their  ability  to  pay  their  debts  as  to  their  indispositioo  to  pay 
them. 

The  conclusion  stated  on  page  316,  impljring  that  repudiation  might 
have  been  avoided  by  the  Southern  Stotes  is  to  be  questioned.  The 
table  on  page  376  shows  that  the  taxable  values  of  North  Carolina, 
for  instance,  in  1870  were  about  1130,000,000,  while  her  debt  was  about 
150,000,000.     The  statement  on  page  74,  taken  from  the  Governor's 


138  Annai^  of  the  American  Academy. 

message  and  differing  from  the  table,  makes  the  maximum  of  the  debi 
over  140,000,000.  It  must  be  confessed  that  it  would  have  taken  a 
large  heart  under  such  conditions  to  look  to  the  future  and  hope  to 
avoid  repudiation. 

The  remedies  suggested  for  repudiation  are  none  of  them  (except 
that  of  better  moral  education)  without  objection.  Federal  assump- 
tion of  State  debts  would  involve  too  great  correlative  control  of  the 
general  government  over  State  finances  ;  the  repeal  of  the  Eleventh 
Amendment  would  hasten  the  centralization  which  is  going  on  with 
rather  dangerous  rapidity  already  ;  and  constitutional  provision  by 
the  States  for  settlement  of  claims  against  them  determined  and 
enforced  judicially,  would  substitute  for  the  irresponsibility  of  the 
State  the  possible  despotism  of  the  courts.  But  all  the  objections  are 
fairly  discussed. 

The  defects  of  this  work  are  of  minor  importance  and  may  easily  be 
remedied;  its  good  features  are  cardinal  and  essential.  It  will  dis- 
please extreme  partisans  North  and  South,  just  as  it  should;  but  it  can 
not  fail  to  commend  itself  to  all  who  desire  a  clear,  candid  and  intelli- 
gent treatment  of  the  subject  with  which  it  deals. 

George  p.  Garrison. 


An  Analysis  of  the  Ideas  of  Economics.    By  L.  P.  Shirres.    Pp.  260.. 

Price  I2.00.   London  and  New  York:  Longmans,  Green  &  Co.,  1893. 

This  little  volume  is  unique  in  aim  and  method.  It  is  an  attempt 
by  the  author,  •*  taking  Austin  as  his  model,"  to  parallel  in  economics 
the  '*  lucid  expositions  of  the  analytical  jurists  "  in  the  science  of  law. 
From  such  an  undertaking  one  would  naturally  expect  a  series  of 
strained  analogies  and  of  ideas  mutilated  by  procrustean  definitions. 
The  result,  however,  is,  in  the  main,  agreeably  disappointing.  Such 
subjects  as  the  '  *  Province  of  Economics, ' '  and  such  concepts  as  wealth, 
value,  credit,  commodities  and  capital,  are  treated  with  clearness, 
breadth  of  view,  consistency,  and  sound  sense.  It  is  notable  that 
with  apparently  little  knowledge  of  continental  European  writers,  the 
author  has  occupied  some  of  the  most  advanced  positions  of  the  latest 
eoonomic  thought.  Particularly  happy  are  his  development  of  Jevons* 
idea  that  the  laws  of  value  must  be  sought  primarily  in  consumption, 
and  his  phrase  "The  law  of  consumption "  for  Jevons'  "Variation 
of  the  final  degree  of  utility."  Very  timely,  also,  is  his  proof  of  the 
fact  that  economics  is  a  science  distinct  from,  and  not  a  part  of  soci- 
ology, which  he  defines  as  the  science  which  *'  regards  society  from  a 
biological  point  of  view." 

The  author  seems  to  have  been  most  profoundly  influenced  by  the 
Bcntham-Jevons  "Analysis  of  Utility,"  by  H.  D.  MacLeod's  economic 


Analysis  of  thb  Ideas  of  Economics.         139 

application  of  juristic  ideas  and  distinctions,  and  by  his  own  cloie 
observance  of  social  and  economic  life  in  India,  where  he  hat  held 
important  government  positions. 

This  affiliation  of  jurisprudence  and  economics,  seen  in  MacLeod 
and  Shirres,  is  capable  of  yielding  much  good  fruit,  and  the  latter  has 
one  very  useful  quality  denied  by  nature  to  the  learned  but  erratic 
MacLeod— a  judicial  temperament  Shirres  recognizes  the  differing 
limits  of  legal  and  economic  concepts,  which  MacLeod  rarely  does. 
For  example,  MacLeod's  definition  of  credit  is  purely  Ugal  in  itsacope 
— "a  right  of  action  against  a  person  to  pay  or  do  something." 
Shirres'  definition  reads  "the  interest  of  the  payee  in  an  uncondi- 
tional agreement  to  pay  a  sum  of  money  which  is  fixed  or  certain  in 
amount."  This,  whatever  its  faults,  releases  economic  credit  from  the 
purely  legal  limitation  of  "contract"  or  "right  of  action,"  for 
"  agreement "  may  be  veider  than  law.  * 

His  definition  of  consumption  is  one  of  the  best  in  the  book:  "  A 
commodity  is  said  to  be  consimied  when  it  is  utilized  or  made  to  yield 
utility."  His  distinction  of  "  personal  consumption  "  for  final  utili- 
zation and  "impersonal  consumption  "  for  the  " capital  "  or  mediate 
utilization  of  goods  is  one  which  rests  upon  a  more  reasonable  idea 
than  that  which  lies  at  the  basis  of  the  singularly  inapt,  obscure  and 
inaccurate  distinction  now  unhappily  in  vogue — "  present  and  future 
goods." 

But  the  book  is  not  free  from  faults.  The  treatment  of  value  begins 
and  progresses  for  a  considerable  distance  very  lucidly  only  to  end  in 
darkness.  The  legal  bent  of  the  author's  mind,  moreover,  somewhat 
distorts  his  treatment,  and  the  conclusions  reached  are  now  and  then 
barren  of, 'economic  significance.  Indeed,  it  may  be  said  that  the 
attempt  of  the  author  can  only  be  made  truly  succetafol  when  further 
investigations  into  economic  life  sliall  have  wrought  more  consistency 
into  current  economic  conceptions.  Then  the  method  of  the  author 
may  be  followed  with  sure  results  in  the  matter  of  clear  definition, 
accurate  classification  and  consistent  system. 

SiDNBY  SURRWOOD. 
J»kn*  Hopkins  Umiversiiy. 

NOTR  OK  CORRRCTION. 

In  my  review  in  the  May  Annals  of  Profesaor Coosa's  "Introduc- 
tion to  the  Study  of  Political  Kconomy,"  translated  by  Loub  Dyer,  I 
called  attention  to  two  mistakes  of  fact  regarding  Professor  Conrad 
and  the  Hon.  Carroll  D.  Wright.  A  comparison  of  the  translation 
with  the  original,  made  at  the  suggestion  of  Professor  Coaia,  allows 
that  both  blunders  are  the  fault  of  the  translator. 

J.  W.  JRMSS. 


NOTES. 


In  his  monograph  upon  the  "  Economic  History  of  a  Nebraska 
Township  "  *  Mr.  Bentley  does  well  in  making  a  study  from  the  begin- 
ning. He  is  able  to  tell  us  the  number  of  people  who  located  farms 
at  first  (1872)  and  can  trace  the  various  fluctuations  of  population 
down  to  March,  1893.  The  causes  of  these  changes  are  worked  out  by 
a  close  study.  Other  studies  show  us  the  way  credit  has  worked  in  the 
a£fairs  of  this  township;  how  much  debt  has  been  incurred,  and  where 
the  burden  lies  hardest.  Most  interesting  is  the  study  of  the  condition 
of  those  who  secured  land  from  the  government,  from  the  railroad 
and  purchased  from  others.  The  last  class  seems  greatly  burdened  by 
their  debts;  while  the  greatest  prosperity  is  seen  among  those  who 
secured  the  free  land.  The  evidence  given  shows  that  the  debts  on 
record  balance  the  improvements  and  the  personal  property  owned. 
The  farmers  in  Harrison  Township,  Hall  County,  Neb.,  have  in  recom- 
pense for  twenty  years  of  labor — ^their  land  left.  The  measure  of 
greatest  prosperity  is  not  very  large.  Most  failures  have  come  in  recent 
years,  when  the  market  has  been  East.  It  is  to  be  regretted  that  Mr. 
Bentley  was  unable  to  secure  tables  of  prices  which  were  obtained  at 
the  local  market  for  farm  produce.  It  might  have  been  well  had  he 
investigated  what  was  raised  a  little  farther. 


In  the  second  edition  of  his  ''  L^hrbuch,'"\  Professor  Bemheim 
supplies  all  that  was  lacking  in  the  first.  J  There  are  amply  sufficient 
citations  and  notes  and  two  indexes.  Almost  every  page  contains 
changes,  mainly  additions.  The  bibliographies  are  brought  fully  up  to 
date.  The  book  shows  a  remarkable  acquaintance  with  the  literature 
of  the  subject,  not  only  in  Germany  but  in  foreign  countries,  and  the 
author  with  his  usual  diligence  is  already  collecting  material  for  a 
third  edition.    In  spite  of  the  use  of  smaller  type  for  the  excursuses 

•  TV  Condition  Of  the  Western  Farmer,  as  illustrated  by  the  Economic  History 
of  a  Nebraska  Toivnship.  By  Arthor  F.  Bentley,  A.  B.  Pp.  92.  Price  |l.oo. 
Baltimore,  Johns  Hopkins  Press,  1893. 

t  Lehrbuch  dtr  historischen  Methode.    Von  Ernst  Bbrnheim ,  Zweite  Aufla^e. 
Leipxtg:  Duncker  und  Humblot,  1894. 
t  See  the  Avnals,  May.  1893. 

[140] 


Notes. 


141 


and  illustrations,  the  volume  has  expanded  from  530  to  600  paget, 
exclusive  of  the  indexes.  It  is  "the  best  existing  handbook  on  his- 
torical science,"  and  supplies  a  need  felt  by  every  ftndent 


Professor  Brbntano  has  recently  given  ns  the  results  of  his  latest 
researches  into  one  phase  of  the  labor  problem  in  the  form  of  a 
second  edition  of  his  "  Ober  das  Verhdliniss  vom  Arbeiisiohn  und 
Arbtitszeit  zur  Arbeitslcistung:*  The  views  presented  in  the  first 
edition,  which  appeared  in  1875,  are  restated  in  this  one  with  the 
additional  assurance  and  fuller  illustration  which  an  abundance  of 
new  material  has  made  possible.  Professor  Brentano  makes  frequent 
use  in  confirmation  of  his  arguments  of  the  investigation  of  Dr. 
Gerhart  von  Schulze-Gavemitz  on  the  cotton  industry,  of  Dr.  Ludwig 
Sinzheimer  on  the  iron  industry  and  of  the  material  furnished  by  the 
eight  hour  movement  in  all  commercial  countries.  The  last  half  of 
monograph  consists  of  a  valuable  collection  of  apt  quotations  from 
these  and  various  other  sources. 


In  thbsb  days,  the  political  problem  which  really  demands  our 
most  serious  attention  is  the  reform  of  dty  government  This  has  been 
"the  one  conspicuous  failure  of  the  United  States,"  say%  Professor 
Bryce.  The  causes  of  this,  of  course,  are  many ;  but  one  cause  un- 
doubtedly is  the  lamentable  ignorance  of  our  citizens  regarding  the 
nature  and  extent  of  their  duties  as  voters.  Mr.  Brinley  has  given 
Philadelphians  a  veritable  voters'  handbook.*  In  this  little  volume  is 
packed,  in  well-arranged  sequence,  a  great  deal  of  information  that 
every  citizen  ought  to  have  ready  at  hand  in  order  to  know  how,  fully 
and  intelligently,  to  discharge  his  political  duties.  We  have  a  digest 
of  the  laws  of  citizenship  ;  naturalization  and  qualification  of  electors  ; 
ward  boundaries  and  election  divisions ;  a  list  of  national,  state  and 
local  officers,  for  whom  the  Philadelphian  may  vote  ;  a  calendar  of  the 
officers  to  be  voted  for  between  now  and  1896 ;  the  platforms  and 
rules  of  the  city  Republican  and  Democratic  parties  and  the  Munici- 
pal I>agne.  The  citizen  will  find  also  the  text  of  the  new  ballot  law 
of  1893,  the  acts  of  1881  to  prevent  election  frauds ;  a  brief  digest  of 
the  dty  charter,  together  with  memoranda  of  legislative  acts,  pertain- 
ing to  the  city,  and  important  recent  changes  in  the  laws  of  other 
States.  Much  statistical  information,  as  to  the  dty's  vote  by  wards, 
its  financial  budget  and  amount  of  real  estate,  etc.,  etc.,  is  tbond  in 
the  form  of  Ubles.    Last,  but  by  no  means  least  in  usefUness,  is  an 

•A  Handbook  for  PhilatUtpkia  VoUra.  Compiled  by  CnaSLSS  A.  BaurLsr. 
Pp.  210.    Price  soc.    PbiUdelphia,  1194. 


142  Annals  of  the  American  Academy. 

ample  index,  which  aids  the  person  desirous  of  obtaining  specific  facts. 
This  handbook  will  be  of  real  service  to  Philadelphians.  Citizens  of 
other  cities  will  do  well  to  follow  Mr.  Brinley's  example. 


Optimism  has  its  legitimate  place,  and  that  a  large  one.  It  is  grati- 
fying that  such  an  optimistic  book  as  Andrew  Carnegie's  ''Triumphant 
Democracy  "  should  be  so  widely  read  as  to  require  the  publication  of 
a  "revised  edition,  based  on  the  census  of  1890."*  "Triumphant 
Democracy"  is  in  reality  a  popular  discussion  of  present  political, 
sociological,  and  economic  questions,  and  is  as  accurate  a  picture  as 
one  based  on  census  returns  can  be.  Mr.  Carnegie  has  written  "to 
the  whole  body  of  Americans  "  in  order  to  give  them  "  a  juster  estimate 
than  prevails  in  some  quarters  of  the  political  and  social  advan- 
tages which  they  so  abundantly  possess  over  the  people  of  the  older 
and  less  advanced  lands,  that  they  may  be  still  prouder  and  even  more 
devoted  if  possible  to  their  institutions  than  they  are. "  "Triumphant 
Democracy  "  is  a  book  which  the  teachers  of  college  classes  and  the 
University  Extension  lecturers  can  advantageously  use  in  connection 
with  their  work. 


An  interesting  addition  to  our  sources  of  knowledge  about  Fred- 
crick  the  Great  and  his  Court  is  furnished  in  this  memoir  of  General 
Chasot,  recently  brought  to  light  by  Herr  Gaedertz  at  Liibeck.f  The 
memoir  was  prepared  in  1797  by  Matthias  Kroeger,  Recorder  of  Liibeck, 
and  is  based  on  Chasot's  last  reminiscences,  which  were  published  to 
supplement  Frederick's  ^'Hisioire  de  nion  terns. '^  The  general  was  a 
life-long  companion  of  the  king,  save  during  a  few  years  of  misunder- 
standing, and  the  brief  record  throws  side-lights  on  many  aspects  of  the 
monarch's  life  and  character.  The  crown-prince's  court  at  Rheins- 
berg,  with  its  concerts  and  banquets,  the  prince's  flute-plajang  and 
French  verses,  the  vigilance  and  energy  of  Frederick  on  the  battlefield, 
his  irritability  and  capriciousness  in  private,  are  incidentally  but  clearly 
brought  out.  His  stern  antipathy  to  duelling  is  seen  in  a  year's  sen- 
tence of  imprisonment  for  Chasot  after  acquittal  by  a  court-martial. 
The  battle  of  Friedberg  is  vividly  painted  in  a  letter  from  Chasot,  de- 
scribing, with  a  soldier's  modesty,  his  own  share  in  the  brilliant  victory. 
It  is  the  monarch's  best  side  that  is  turned  toward  Chasot.     There 

•  Triumphant  Democracy;  Stxiv  Years'  Afarch  of  the  Republic.  Revised  edition, 
based  on  the  censtxs  of  1890.  By  Andrew  Carnegie.  Pp.  xii,  549.  Price  I3.00. 
New  York  :  Charles  Scribner's  Sons,  1893.' 

f  Ftiedrich  der  Grosse  und  General  Chasot.  Nach  der  bisher  ungednickten  Haad- 
achrifl eine*  Zeitgenossen.  Von  Karl  Theodor  Gaedbrtz.  Pp.101.  Bremen: 
C  Ed.  MUller,  1893. 


Notes. 


143 


is  aa  account  of  a  dramatic  scene  in  which,  after  the  officer's  return 
from  bis  own  imprisonment  for  duelling,  he  risks  his  whole  favor  with 
the  king  by  interceding  importunately  for  the  life  of  a  page  under 
severer  sentence  for  the  same  offence.  Although  the  king  had  reaisled 
the  appeals  of  his  mother  and  his  wife,  he  yielded  to  the  pleadings  of 
the  friend.  Chasot  himself  is  a  t>'pical  figure  of  the  times — the  landless 
younger  son,  the  soldier  of  fortune,  first  winning  Frederick's  attention 
by  a  run  of  luck  at  the  faro-table  that  broke  the  bank,  then  retaining 
his  favor  by  his  personal  attractiveness.  We  see  him  now  running 
himself  to  death  with  Frederick  through  the  sands  of  RhetnM>etg, 
now  escorting  Voltaire  across  Germany  and  drawing  an  impromptu 
stanza  from  the  philosopher  by  his  ready  ingenuity,  now  reselling  his 
master  from  capture  at  Mollwitz  by  crying,  "  I  am  the  king,**  and 
draMring  the  attack  to  himself,  now  declining  to  marry  a  fortune  be- 
cause he  disliked  the  heiress,  now  sustaining  his  position  by  a  lavish 
display  of  paste  jewels  at  brilliant  entertainments,  now  taking  his 
departure  from  Frederick's  service  in  proud  silence,  and  finally  settling 
down  to  a  sober  old  age  as  commandant  at  Liibeck.  So  instructive  a 
picture  of  a  knight  of  the  eighteenth  century  we  do  not  oflen  find. 
Herr  Gaedertz  has  done  a  real  service  in  recovering  it  for  us  from  the 
archives  of  Lubeck,  and  presenting  it  to  us  with  only  so  much  of  ex- 
planation as  enables  it  to  speak  for  itself 


Professor  Gidk  is  one  of  the  several  writers  who  have  made  us 
aware  of  the  fact  that  while  English  and  later  German  econombU 
think  profoundly  and  reason  abstrusely,  the  French  see  clearly  ami 
present  their  conclusions  in  admirable  form.  To  those  who  recognise 
that  back  of  the  science  of  economics,  and  the  possible  application  of 
its  principles,  stands  the  philosophy  to  which  these  principles  must  be 
referred  for  full  analysis,  the  work  on  ''  prindp^s  <t  fconomit  Mi- 
iigue*'  will  prove  very  satisfying.  The  fourth  and  new  edition*  bean 
evidence  of  careful  revision  and  correction.  Chapters  upon  the  his- 
tory of  economic  doctrines  and  upon  the  system  of  protection  have 
been  added,  and  much  new  matter  concerning  economic  legislation 
introduced.  Statistics,  citations  and  bibliographical  data  which,  in 
the  opinion  of  the  author,  interfere  with  the  continuity  of  the  argu- 
ment,  have  been  removed  from  the  text  and  the  more  valuable  placed 
among  the  foot-notes.  Many  of  the  improved  features  of  the  new 
edition  are  due  to  the  fact  that  the  work  has  pasted  through  two  trans- 
lations,  and  hence  has  been  brought  into  the  field  of  a  wider  critktHB. 

•  Principes  d'economie  politique.     P«r  Cn*aLKS  GioK,   Profcsaeur  d 
politique  A  U  faculty  de  droit  de  MontpelUcr.     Qus^r^^n*  ftdiOoo.    R< 
corrigW.    Pp.  644.    Price  6  fr.    PmrU :  Larow,  tSu. 


144 


Annals  of  the  American  Academy. 


Professor  Gide  makes  due  acknowledgment  of  this,  and  with  good 
taste  and  judgment  has  embodied  the  best  of  these  criticisms  in  the 
foot-notes  and  made  such  rearrangement  of  the  text  as  enhances  the 
value  of  the  work  to  a  marked  extent.  While  the  new  chapters  he 
adds  are  rather  meagre  in  treatment  and  contribute  nothing  to  the 
strength  and  excellence  of  the  work  he  has  already  done,  yet  for  what 
they  suggest  rather  than  for  what  they  contain  they  will  prove  very 
serviceable  to  the  student.  To  sum  up  the  merits  of  this  work  in  a 
single  sentence  one  might  say  that  it  is  clear,  suggestive,  well-rounded, 
and  reconciles  in  an  admirable  manner  the  abstract  conceptions  of 
economics  with  their  practical  common-sense  application. 


GoscHKN's  "  Theory  of  Foreign  Exchanges  "  has  this  year  reach* 
the  sixteenth  edition.*  This  is  a  reprint,  without  change,  of  the  third 
edition  which  was  brought  out  thirty  years  ago.  The  first  edition 
appeared  in  1861,  and  its  high  value  has  been  amply  demonstrated  by 
the  publication  of  sixteen  editions  during  one  generation.  It  is  a  book 
that  does  not  become  old. 


Students  of  the  labor  movement  will  welcome  the  monograph  of  j 
Dr.  Max  Hirsch  on  ''Die  Arbeiterfrage  und  die  deutschen  Gezverk- 
vereine."  f  Heretofore,  information  regarding  labor  organizations  in 
Germany  has  not  been  easy  to  obtain,  and  it  is  safe  to  say  that  people 
who  are  well  informed  regarding  English  and  American  unions  are 
comparatively  ignorant  of  the  German.  In  a  pamphlet  of  ninety-six 
pages  Dr.  Hirsch  has  given  us  just  the  information  required.  He 
describes  at  some  length  the  beginnings  of  the  movement  in  the 
direction  of  organization,  and  sketches  the  subsequent  history  of  the 
unions.  The  struggle  against  social  democracy  and  the  depressing 
influence  of  unfortunate  strikes  are  made  especially  prominent.  Dr. 
Hirsch  has  been  a  prominent  actor  in  the  movement  from  the  begin- 
ning, and  his  sympathies  are  strong  on  the  side  of  the  unions. 


Mr.  Grovkr  Pease  Osborne  has  written  a  book  entitled  *•  Prind^ 
pies  of  Economics."  t    It  is  a  book  that  is  difficult  to  characterii 

•  TV  Theory  of  Foreign  Exchanges.    By  the  Right  Hon.  Gborob  J.  GosCBl 
M.  P.    Sixteenth  edition.    Pp.  754.   I/>ndon  :  Effingham  Wilson  &  Co.,  1894. 

t  I<eipzig  :  C.  L.  Hirschfeld,  1893.    Price  i  M. 

\  Principles  of  Economics.    The  Satisfaction  of  Human  Wants  in  so  far  as  the 
satisfaction  depends  on  Material  Resources.    By  Grovbr  Pease  Osborne. 
4S4.    Price  $3.00.    CincinuaU :  Robert  Clarke  &  Co.,  1893. 


Notes.  145 

The  author  is  evidently  familiar  with  the  works  of  the  leading  English 
economists,  and  he  has  clothed  some  of  their  doctrines  in  his  own  lan- 
guage, and  incorporated  with  them  some  ideas  of  his  own  on  practical 
economic  question^.  His  views  on  theory  are  confused  and  inexact 
when  he  does  not  follow  his  guides  closely,  and  are  simply  restatements 
of  their  opinions  when  he  does.  A  few  quotations  will  illustrate  the 
confusion  of  thought  "  Value  in  Use  is  what  a  thing  is  worth  to 
use."  "Value  in  Use  is  scarcity  of  useful  things."  "Value  in  Use 
is  the  satisfaction  which  the  object  gives  to  the  user."  "Average 
Value  in  Use  becomes  the  basis  of  Value  in  Exchange."  Cost  of 
production,  tlie  author  asserts,  is  made  up  of  wages  and  interest  on 
"free  [circulating]  capital,"  and  does  not  "  imply  interest  on  Perma- 
nent Produced  Wealth  [fixed  capital],  since  machinery  can  be  used 
for  no  other  purpose,  and  it  may  as  well  be  used  as  to  stand  idle.'* 
The  style  is  diffuse  and  the  treatment  shows  lack  of  comprehensive 
knowledge  and  firmness  of  grasp.  The  book  contains,  however, 
some  keen  reflections  on  the  existing  economic  order,  and  some  very 
sensible  practical  suggestions. 


Students  of  local  government  are  indebted  to  Mr.  Prank  Raymond 
Savidge,  of  the  Philadelphia  Bar,  for  a  very  useful  piece  of  work.  In 
"The  Law  of  Boroughs  in  Pennsylvania,"*  he  has  given  in  a  concise 
and  well-arranged  fonn  exactly  what  the  title  page  of  the  book  claims 
for  the  work,  "  \  treatise  upon  the  incorporation  and  government  of 
boroughs,  the  powers  and  duties  thereof,  and  of  borough  officials,  com- 
prising a  full  text  of  the  acts  of  Assembly  in  relation  thereto,  with 
chronological  table  of  statutes."  The  work  is  the  result  of  Mr. 
Savidge's  experience  as  the  Solicitor  of  the  Borough  of  Ridley  Park, 
Delaware  County,  Pennsylvania;  and  gives  evidence  of  careful  editing. 
The  merits  of  the  book  would  be  much  enhanced  by  enlarging  the  all 
too  brief  "  introductory  view  of  borough,"  We  hope  subsequent  edi- 
tions will  add  to  this  chapter. 


"  Masses  and  Classes,"  t  as  tlie  title  indicates,  is  a  book  desagn«d 
to  attract  popular  attention.  It  is  written  for  the  American  public  by 
ascjonmer  in  England.  The  purpose  of  the  book,  if  other  than 
commercial,  is  not  made  apparent,  but  a  common  theme  is  to  be  found 

•  Philadelphia  :  Kay  &  Bro..  1893- 

i  Messrs  and  Oassts:  a  Study  of  Industrial  Conditioon  in  SaffteBd.  By  HsmiT 
TOCKLXY.    Pp.  179.    Price  90c.    Cindnaati  :  Craaatoa  &  Carta.  iIqs. 


146  Annals  of  the  American  Academy. 

in  every  chapter — a  contrast  between  the  respective  conditions  of  Eng- 
lish and  American  working  people.  The  life  of  the  English  bread- 
winner is  painted  in  sad  colors — a  long  apprenticeship  without  pay, 
faithful  service  with  barely  living  wages  and  finally  the  poor  rates; 
this  is  the  series  presented  with  remarkable  uniformity  as  the  different 
classes  of  laborers  are  passed  in  review.  The  book  is  full  of  interest- 
ing facts  presented  in  an  entertaining  manner,  but  the  instincts  of  the 
author  seem  to  be  those  of  a  newspaper  reporter  rather  than  those  of 
the  scientist,  and  his  views  should  be  taken  with  a  grain  of  allowance. 
It  should  be  remembered  that  a  part  of  the  same  field  was  covered  in 
a  much  more  thorough  and  reliable  manner  by  the  recent  investiga- 
tions of  the  United  States  Bureau  of  Labor,  the  reports  of  which  indicate 
that  the  condition  of  the  English  workingman  is  far  better  than  that 
of  his  continental  brother,  and  not  greatly  inferior  to  that  of  the 
envied  American.  In  fact  the  returns  from  the  various  sections  of  the 
United  States,  show  that  in  nearly  every  trade  investigated  the  wages 
in  some  parts  of  this  country  are  lower  than  those  prevailing  in  Great 
Britain.  When  read  with  these  facts  in  mind  Mr.  Tuckley's  book  will 
be  found  profitable  as  well  as  entertaining. 


The  question  of  the  national  ownership  and  operation  of  the  rail- 
ways of  the  United  States  was  the  subject  of  the  Twenty-third  Annual 
Joint  Debate,  which  took  place  at  the  University  of  Wisconsin,  the 
nineteenth  of  last  January.  The  six  speeches  of  the  debate  are  printed 
in  full  in  the  University  paper.  The  Jlegis,  of  February  2,  1894.  They 
contain  a  large  amount  of  interesting  material,  worthy  the  considera- 
tion of  students  of  transportation.  The  debaters  did  a  useful  piece 
of  work  in  arranging  a  bibliography  and  publishing  the  same  in  con- 
nection with  their  speeches. 


The  Office  du  travail  has  recently  issued  the  first  number  of  a  pub- 
lication that  will  be  of  considerable  interest  to  students  of  labor  ques- 
tions. It  is  entitled  ''Bulletin  de  V office  du  travail,''  and  vdll  appear 
monthly'(the  first  number  bears  date  January,  1894),  at  the  modest 
cost  of  20  centimes  a  number,  or  2  francs  50  centimes  a  year  (Imprim- 
erie  Nationale).  The  Office  du  travail  was  organized  in  1891,  accord- 
ing to  the  terms  of  the  law  of  August  19  of  that  year,  for  the  purpose 
of  collecting,  arranging  and  publishing  all  possible  information  rela- 
tive to  labor,  the  condition  and  development  of  production,  organiza- 
tion and  remuneration  of  labor  and  its  relation  to  capital,  condition 
of  workingmen  in  France,  with  comparisons  of  their  condition  with 
that  of  laborers  in  foreign  countries.     To  this  end  the  Office  du  travail 


Notes.  147 

was  created  as  an  integral  part  of  the  Ministry  of  Commeroe  mod  In- 
dustry, and  has  already  published  many  interetting  reports  of  i^wdal 
investigations  along  the  lines  indicated.  As  these  reports,  however, 
are  oflen  voluminous  and  not  easily  accessible  to  the  public  the  OJ/Uf 
du  travail  wishes  to  popularize  its  work  snd  to  enlist  the  interest  snd 
co-operation  of  workingmen  by  issuing  the  present  *•  HuiUtin,** 
which  is  to  contain  the  substance  of  larger  reports,  with  ofl&cial  infor- 
mation gathered  from  various  sources,  and  notes  on  wages,  length  of 
working-day,  the  unemployed,  etc.,  together  with  reports  on  foreign 
countries  obtained  through  the  diplomatic  service.  The  ^'BuUriin  **  b 
divided  into  five  parts  which  show  its  scope:  (i)  Laws  and  official 
documents,  including  text  of  laws  promulgated  and  all  decrees  and 
government  regulations;  (2)  jurisprudence,  giving  the  decisions  of, 
courts  affecting  labor  organizations,  etc.;  (3)  social  chronicle,  giving 
information  relative  to  labor  organizations,  committees  of  arbitration, 
mutual  help,  and  in  general  all  that  concerns  the  social  and  industrial 
movement  in  France ;  (4)  the  same  as  part  3  but  for  foreign  countries ; 
(5)  Bibliographical  review,  giving  account  of  publications  of  statistical 
bureaus  and  labor  departments  in  Prance  and  in  foreign  countries. 
The  numbers  that  have  already  appeared,  average  about  48  pages  each 
and  the  publication  as  a  whole  will  not  fail  to  be  a  valuable  and  inter- 
esting source  of  information  for  American  students  of  economics. 


Last  yrar  Professor  Brentano  and  Professor  Lotz  of  the  University 
of  Munich  began  the  publication  of  the  economic  studies*  of  the 
students  in  their  seminary.  Three  numbera  appeared  in  1893.  The 
first  monograph,  a  work  of  two  hundred  and  fifty  pages,  is  by  Dr. 
Ernst  Francke,  and  is  entitled,  "  Die  Schuhtnachrrei  in  Bayem :  Ein 
Bcitrag  zur  Keiintniss  unstrtr gewerblichen  Betriebsfamun."*  The 
second  is  a  short  monograph  of  fifly-nine  pages,  on  *'Die  venetianiscMe 
Seidmindustrie  und  ihre  Organisation  bis  sum  Ausgang  des  Mitttl- 
alters,''*  von  Dr.  Romolo  Graf  Broglio  D'Ajano.  The  third  monograph 
is  one  hundred  and  ninety-seven  pages  in  length;  its  title  is  "  Ueber 
die  Grenzen  der  Weiterbildung  des  fabrikmdssigen  CrossbeirUbcs  in 
Deutschland. "  The  author  is  Ludwig  Sinzheimer,  Doktor  dcr  Staatft- 
wirtschafl. 


Revue  du  Droit  Public  el  de  la  Scim<:e  /blitique  en  France  et  a 
r£tranger  is  the  title  of  a  new  bi-monthly  review  that  was  started 

•"MAneJUner  yolJtsviriseA^/HftM^Slmdifn,'*  Rermasgct«bca  von  Lvjo  BaSJrTAiro 
ttod  WALTnaa  Urn.  Stttttfsrt :  Vertsf  der  J.  G.  CotU*achen  Bachhaadlvaf  Kscb- 
folger. 


148  Annals  of  the  American  Academy. 

at  the  beginning  of  the  calendar  year.  The  name  indicates  quite 
accurately  the  field  of  its  operations  as  set  forth  in  the  program  of 
the  editor-in-chief,  M.  Ferdinand  Larnaude,  Professor  of  General 
Public  Law  in  the  Law  P*aculty  of  Paris.  The  Review  will  discuss 
questions  pertaining  to  constitutional,  administrative  and  international 
law.  It  will  aim  to  be  a  mirror  reflecting  in  its  pages  the  actual  legis- 
lation and  also  the  political  questions  which  agitate  the  various  civil- 
ized countries  of  the  world.  In  this  field  it  will  aim  to  be  a  political 
review,  not,  however,  in  any  sense  partisan.  In  each  number  will  be 
chronicled  the  principal  recent  parliamentary  and  political  facts,  such 
as  elections,  important  parliamentary  debates,  ministerial  crises,  laws 
and  proposed  legislation  concerning  public  law.  The  review  occupies 
a  comparatively  vacant  field,  it  being  the  only  one  of  its  kind  ii 
France.  Among  the  leading  articles  of  the  first  two  numbers  ai 
several  devoted  to  important  books.  The  less  important  books  o! 
public  law  and  political  science  and  the  periodicals  devoted  to  ihi 
same  questions  receive  reviews  and  notices.  Each  number  is  to  con- 
tain a  '•  Chronique  politique  "  of  several  countries.  The  "  Miscellan- 
eous ' '  department  at  the  end  of  each  volume  contains  reports  and 
other  information  of  interest. 


An  International  Congress  on  Customs  Legislation  and  on  the 
Labor  Question  will  be  held  at  Antwerp  from  July  16  to  21,  meeting 
in  the  Athen^e  Royal.  The  object  of  the  Congress  is  to  aim  at  the 
best  organization  of  labor  and  the  best  economical  system  of  inter- 
national trade.  It  will  be  open  to  men  of  every  opinion,  employers 
and  employed  alike  are  invited  to  join  together  in  the  discussion.  As 
the  Congress  is  held  only  for  the  purpose  of  discussion,  no  resolutions 
will  be  submitted.  The  Congress  will  be  divided  into  two  sections, 
the  one  on  Customs  Legislation  and  its  influence  on  the  general  wel- 
fare, and  the  other  on  the  Labor  Question.  The  first  will  meet  in  the 
morning  and  the  second  in  the  afternoon.  The  following  are  the 
officers  of  the  committee  of  organization:  Honorary  President,  M. 
the  Minister  of  Finance;  Honorary  Vice-Presidents,  M.  le  Baron,  Ed. 
Osy  de  Zegwaart  and  M.  J.  van  Rijswijck;  President,  M.  Louis  Strauss; 
Vice-Presidents,  M.  le  Chevalier  Ch.  de  Cocquiel,  M.  Aug.  Couvreur 
and  M.  H.  Lepersonne;  General  Secretary,  M.  Laurent  De  Deken; 
Secretaries,  M.  Aug.  Bulcke,  M.  le  Chevalier  Ch.  de  Waepenaert,  M. 
Aug.  Dupont,  M.  Ed.  Karcher,  M.  Emile  Roost  and  M.  Norbert  Van 
Bcylen;  Treasurer,  M.  Ch.  Good;  Delegates  of  the  Belgian  Govern- 
ment, M.  H.  Van  Neuss,  M.  J.  Kebers,  M.  L.  Capelle  and  M.  Ch. 
Morisseaux. 


I 


y 


SEPT.  1894. 

ANNALS 


OF  TBB 


AMERICAN  ACADEMY 

OF 

POLITICAL  AND  SOCIAL  SCIENCE  . 


THE  ULTIMATE  STANDARD  OF  VALUE. 

There  are  certain  unsettled  questions  in  economic  theory 
that  have  been  handed  down  as  a  sort  of  legacy  from  one 
generation  to  another.  The  discussion  of  these  questions  is 
revived  twenty  or  it  may  be  a  hundred  times  in  the  coarse 
of  a  decade,  and  each  time  the  disputants  exhaust  their 
intellectual  resources  in  the  endeavor  to  impress  their  \news 
upon  their  contemporaries.  Not  unfrequently  the  discus- 
sion is  carried  far  beyond  the  limits  of  weariness  and  satiety, 
so  that  it  may  well  be  regarded  as  an  offence  against  good 
taste  to  again  recur  to  so  well-worn  a  theme.  And  yet 
these  questions  return  again  and  again,  like  troubled  spirits 
doomed  restlessly  to  wander  until  the  hour  of  their  deliverance 
shall  appear.  It  may  be  that  since  the  last  discussion  of  the 
question  we  have  made  some  real  or  fancied  discoveries  in 
the  science,  and  some  may  think  that  these  throw  new  light 
upon  the  old  question.     Instantly  the  old  strife  breaks  forth 

[>49] 


2  Annals  of  the  American  Academy. 

anew,  with  the  same  liveliness  as  if  it  possessed  the  charm  of 
entire  novelty,  and  so  it  continues  year  after  year,  and  will 
continue,  until  the  troubled  spirit  is  at  last  set  free.  In  this 
class  we  find  the  question — ^What  is  the  ' '  ultimate  standard 
of  value, "  {dem  letzten  Bestimmgrunde  des  Wertes  der  Guter)? 
The  contest  over  this  question  began  as  early  as  the  days  of 
Say  and  Ricardo.  More  recently  the  German,  Austrian, 
Danish  and  American,  English  and  Italian  Economists  have 
taken  it  up,  so  that  the  contest  has  assumed  an  international 
character. 

The  present  generation  has  indeed  some  justification  for 
again  renewing  the  discussion.  It  cannot  be  denied  that  of 
late  we  have  made  some  important  additions  to  the  sum  of ^ 
our  knowledge  in  regard  to  the  theory  of  value.  This 
first  resulted  in  an  increase  in  the  number  of  conflicting" 
opinions,  but  if  we  are  not  greatly  mistaken,  the  present  phase 
of  this  difference  in  opinion  is  due  to  a  positive  misunder- 
standing, which  stands  as  a  rock  of  offence  in  the  path  oi 
explanation. 

I  believe  that  this  fatal  misunderstanding  may  now  be 
definitely  and  finally  removed,  by  an  investigation  which  need 
possess  no  other  merits  than  those  of  care  and  exactness,  and 
that  this  will  result  in  permanently  advancing  the  controversy 
by  several  paces.  In  this  belief  I  venture  upon  a  step 
which  otherwise  it  would  be  difiicult  to  justify,  and  propose 
to  add  yet  another  victim  to  the  hecatombs  already  offered 
upon  the  altar  of  economic  theory,  though,  owing  to  the 
necessity  of  pedantic  thoroughness  in  such  an  investigation, 
it  is  a  sacrifice  which  may  not  commend  itself  to  some  of 
our  readers. 

I. 

THE   PROGRESS   AND   PRESENT   POSITION   OF  OPINION. 

Since  the  time  when  Economics  first  became  a  science,? 
there  have  been  two  rivals  for  the  honor  of  being  considered 
the  • '  ultimate  standard  of  value, ' '  the  utility  that  the  goods 

[150] 


The  Ultimate  Standard  op  Value.  3 

afford,  and  the  cost  of  their  attainment.  Any  tyro  who 
takes  up  this  question  of  the  *'  value  of  goods"  will  invari- 
ably start  out  with  the  idea  that  we  value  goods  becauae,  and 
in  the  measure  that,  they  are  useful  to  us.  He  will,  there- 
fore, incline  to  the  opinion  that  the  ultimate  cause  of  the 
value  of  goods  is  to  be  found  in  their  utility.  But  thia 
naive  opinion  is  soon  disturbed  by  a  thousand  practical 
experiences.  It  is  not  the  most  useful  things,  as  air  and 
water,  but  the  most  costly  things  that  show  the  highest 
value.  Again,  in  innumerable  instances,  it  is  imdoubtedly 
true  that  value  and  price  do  accommodate  themselves  to  cost 
of  attainment,  and  so  at  the  very  outset  the  spirit  of  dissent 
was  introduced  into  the  theory  of  value,  and  has  remained 
there  until  the  present  day.  There  was  either  this  divergence 
of  opinion,  or  a  division  of  the  field  of  value  phenomena 
into  two  sections,  that  of  utility  and  that  of  cost;  or,  finally, 
both  domain  and  opinions  were  divided. 

The  classical  theory  of  value,  as  is  well  known,  divided 
the  domain  of  the  phenomena  of  value.  A  distinction  was 
drawn  between  '*  value  in  use  "  and  '*  value  in  exchange." 
The  * '  value  in  use  * '  of  goods  was  thought  to  rest  entirely 
upon  utility,  but  beyond  this  passing  reference  to  the  do- 
main of  utility  the  classical  theory  did  not  trouble  itself 
about  value  in  use.  In  "  value  in  exchange,"  a  distinction 
was  made  between  monopoly  or  scarcity  goods  on  the  one 
hand,  and  freely  reproducible  goods  on  the  other.  The  value 
of  goods  of  the  first  class,  e.g.,  wines  of  rare  vintage,  statues 
or  pictures  by  leading  artists,  rare  old  coins,  patented  in- 
ventions, was  thought  to  depend  upon  the  demand  for 
them,  and  this  in  turn  depended  upon  their  utilit>'.  The 
value  of  goods  of  the  second  class  was  thought  to  depend 
upon  their  cost  of  production,  or,  as  it  has  been  more  accu- 
rately stated,  since  the  time  of  Carey,  upon  their  cost  of 
reproduction.  To  this,  as  we  know  from  experience,  the 
value  and  price  of  all  freely  reproducible  goods  tends,  in  the 
long  run,  to  conform. 

[«5«] 


4      Annai^  of  the  American  Academy. 

As  we  have  said,  the  classical  theory  does  not  enter  into 
any  discussion  of  ' '  value  in  use. ' '  It  also  practically 
ignores  the  value  of  scarcity  goods,  holding,  that  instances 
of  such  value  are  few  in  number  and  of  little  importance. 
The  stress  was  thus  thrown  upon  the  value  of  freely  repro- 
ducible goods.  In  this  way  it  came  about  that  **cost" 
was  held  to  be  the  *  *  ultimate  standard  of  value. ' '  This 
view  did  not  escape  frequent  and  serious,  though  for  the 
most  part,  unsuccessful  attacks.  Say,  Macl^eod  and  many 
other  celebrated  or  little  known  writers  have,  at  one  time  or 
another,  attacked  this  cost  theory  of  value. 

It  was  urged  that  things  that  are  not  useful  do  not  have 
value,  no  matter  how  high  their  cost  of  production  or  of 
reproduction  may  be,  and  therefore  that  high  cost  can  only 
result  in  high  value,  when  associated  with  a  correspondingly 
high  utility.  From  this  the  further  conclusion  was  eagerly 
drawn,  that  the  correspondence  between  value  and  cost, 
which  is  not  to  be  denied,  does  not  result  from  value  regulat- 
ing itself  according  to  cost,  but  rather  from  cost  regulat- 
ing itself  according  to  value,  since  higher  costs  are  only 
undergone  when,  from  the  outset,  correspondingly  higher 
values  are  anticipated. 

This  line  of  argument,  however,  is  itself  open  to  serious 
and  very  manifest  objections.  It  might  be  urged  that  just 
as  there  can  be  no  value  without  utility,  no  matter  how  great 
the  cost  may  be,  so  there  can  be  no  value  without  cost,  no 
matter  how  great  the  utility  may  be.  This  is  manifest  in 
the  familiar  instances  of  air  and  water.  The  adherents  of 
the  cost  theory  had  so  much  of  direct  experience  in  their 
favor,  confirmed  as  this  was  by  the  undeniable  interdepend- 
ence of  cost  and  value,  that  they  for  a  long  time  had  the 
advantage  in  this  constantly  recurring  strife. 

A  remarkable  shifting  of  the  scene  was  brought  about  by 
the  appearance  of  the  theory  of  marginal  utility.  The 
main  points  in  this  theory  I  may  safely  assume  to  be  well 
known.     Its  comer-stone  is  the  distinction  between  usefulness 

[152] 


The  Ultimate  Standard  op  Vai.ue.  5  - 

in  general,  and  that  very  definite  and  concrete  utility, 
which,  under  given  economic  conditions,  is  dependent  upon 
the  control  over  the  particular  good  whose  value  is  to  be 
determined.  According  to  this  theory,  value  arisc8  as  a 
rule — that  there  are  exceptions  is  expressly  emphasized — 
rom  the  utility  of  goods,  not  however  from  some  abstract 
and  ever-var>'ing  usefulness  which  cannot  be  definitely  meas- 
ured, but  from  that  use  or  useful  employment  {Nutz  Vcr- 
wendung),  which  in  a  definite  concrete  case  is  dependent  } 
upon  the  control  over  the  particular  good.  ' 

Since  of  all  the  possible  useful  employments  to  which  the 
good  may  be  put,  it  is  not  the  most  important,  but  the  least 
important,  that  a  rational  being  would  dispense  ^nth  first, 
the  determining  utility  is  the  smallest  or  least  important 
utility  among  all  the  useful  employments  to  which  a  good 
may  be  put.  This  determines  its  value  and  is  called  the 
marginal  utility. 

This  more  exact  form  of  the  use  theory  of  value  meets  in 
a  clear  and  definite  way  the  objection  urged  against  the 
older  •*  use  "  theor>'  of  value  ;  namely,  that  free  goods,  no 
matter  how  useful  they  may  be,  have  no  value.  The  answer 
is,  that  since  these  free  goods  exist  in  superabundant  quanti- 
ties, there  is  for  us  no  utility  dependent  upon  a  concrete 
quantity  of  the  same,  as  a  single  glass  of  water  or  a  single 
cubic  metre  of  air.  Their  marginal  utility  therefore  is  zero. 
Again,  this  theory  of  marginal  utility  gives  us  tlie  basis  for 
a  new  and  vigorous  attack  upon  the  cost  theory  of  value. 
C^nn«^j^ered  from  one  point  of  view,  the  cost  that  determines 
tfee  value  of  any  productrepresents  nothinj^  else  than  the 
value  of  the  producers'  goods.  If  now,  as  we  are  compelled 
to  do  in  a  scientific  investigation,  we  inquire  how  we  are  to 
determine  the  value  of  these  producers'  goods,  we  find  that 
this,  too,  in  the  last  resort  is  determined  by  marginal  utilit>\ 
The  cost  therefore  exercises,  as  it  were,  only  a  vice-regency. 
It  cannot  be  denied  that  under  certain  circtimstances  it  gov-  ^ 
ems  the  value  of  certain  products,  but  it  is  itself,  at  least  in 

[153] 


6      Annals  of  the  American  Academy. 

most  cases,  governed  by  a  still  higher  ruler,  namely,  ''mar- 
ginal utility."  Cost,  therefore,  is  for  the  most  part  merely 
a  province  in  the  general  kingdom  of  utility,  and  it  is  to  this 
last  that  we  must  concede  the  position  of  the  universal 
* '  ultimate  standard  of  value. ' '  This  proposition-  was  first 
placed  in  opposition  to  the  prevailing  classical  theory,  in  a 
bold  and  uncompromising  way,  by  Jevons.  '  *  Value  depends 
entirely  upon  utility,"  this  writer  emphatically  declares  in 
the  ver}'  beginning  of  his  great  work  on  ' '  The  Theory  of 
Political  Economy."  This  proposition  has  since  found  even 
clearer  and  more  exact  statement  at  the  hands  of  the  Austrian 
Economists,  nor  have  we  even  yet  entirely  escaped  from  this 
newest  phase  of  the  old  struggle  between  cost  and  utility 
as  the  ultimate  determinants  of  value.  The  present  con- 
test is  notable,  not  merely  for  the  number  and  scientific 
rank  of  those  who  are  parties  to  it,  among  whom  may  be 
found  many  of  the  ablest  economists  of  all  countries,  but  also 
because  of  the  extraordinary  variety  of  opinions  advanced. 
Instead  of  two  opposing  conceptions,  we  find  a  whole  series 
of  separate  and  seemingly  unrelated  opinions,  each  of  which 
is  held  with  the  greatest  persistence. 

The  most  extreme  opinion  at  one  end  of  the  series  is  that 
which  finds  statement  in  Jevons'  proposition,  that  "value 
depends  entirely  upon  utility."  It  must,  however,  be  added 
that  while  Jevons  occasionally  gives  statement  to  this  propo- 
sition in  the  above  sweeping  and  uncompromising  terms, 
yet  the  doctrine  as  expounded  by  him  contains  elements 
which  necessarily  lead  to  a  limitation  of  this  proposition. 
The  addition  of  these  necessary,  though  not  highly  impor- 
tant limitations,  gives  us  the  doctrine  as  taught  by  the 
Austrian    economists.*     They,    therefore,    stand    next    to 

*  This  name,  given  us  by  our  opponents,  includes  a  certain  group  of  theoretic 
economists.  Not  all  of  those  included  are  Austrians,  nor  does  the  group  include 
all  the  Austrian  economists.  I  would  also  take  occasion  to  remark  that  when  in 
the  following  I  speak  in  the  name  of  the  Austrian  economists,  I  do  not  wish  that 
anyone  else  shall  be  held  responsible  for  what  I  may  say  or  for  the  manner  of 
U3ring  it.  Conversely  I  do  not  wish  to  place  myself  in  the  position  of  being 
responsible  for  the  statements  of  every  member  of  that  group.    Again,  while  I 

[154] 


The  Ultimate  Standard  op  Valub.  7 

Jevons  in  the  series  of  opinions.  Their  position  is  that 
cost  does  not  officiate  as  the  original  and  ultimate  determi- 
nant of  value,  except  in  a  comparatively  limited  number  of 
unimportant  cases.*  The  great  majority  of  value  phenomena 
are  subject  to  the  dominion  of  utility.  This  dominion  is 
exercised  in  some  cases  directly,  but  in  a  still  greater  number 
of  cases  indirectly.  When  exercised  indirectly  the  value  is, 
of  course,  first  determined  by  certain  costs,  but  closer  analy- 
sis shows  that  these  costs  are  themselves  determined  by 
utility. 

At  the  other  extreme  end  of  the  series,  we  find  the 
eminent  Danish  economist,  Scharling,  who  would  establish 
cost  (under  the  title  of  **  difficulties  of  attainment  ")  as  the 
sole  ruler  over  the  entire  domain  of  value;  over  value  in  use, 
as  well  as  over  value'  in  exchange;  over  the  value  of 
fi-eely  reproducible  goods,  as  well  as  over  the  value  of  scarcity 
goods,  t 

Quite  close  to  Scharling,  who  is  a  very  pronounced  oppo- 
nent of  the  theory  of  marginal  utility,  we  find  the  acute 
American  thinker,  J.  B.  Clark,  who  is  a  no  less  decided 
adherent  of  that  theory.  This  illustrates  how  strangely 
confused  the  controversy  has  become.  Clark  also  makes 
cost  the  general  and  ultimate  **  standard  of  value,"  though 
in  a  different  sense  from  Scharling.  According  to  Clark, 
the  final  and  determining  condition  is  the  amount  of  per- 
sonal fatigue,  pain  or  disutility  which  is  imposed  upon  the 
laborer  by  the  last  and  most  fatiguing  increment  of  his  day's 
work.t 

hmye  given  tutement  to  certain  seneral  doctrines  of  the  Austrian  cconomiaU,  yet 
I  would  expressly  sUte  that  the  kernel  of  the  doctrine  does  not  belong  to  am,  bvt 
is,  to  a  large  degree,  the  outcome  of  the  investigations  of  my  able  cotlcacnrt, 
especially  Menger  and  Wieser. 

•  Wieser's  "  Unprung  und HauptgeseUt  de$  U'trUcAa/tiicJUn  U'rrta,"  Wlen,  !««. 
p.  104.  Then  my  "  GrundxAge  dtr  TktorU  des  WirthihaflHchfn  GkUrwerUi,  in 
Conrad's  Jahrbkcker  fkr  Nat-Oek.  N.  P.  B.  XIII,  1886.  p.  4a-  Then  my  artide. 
••  Wert:*  in  Conrad-Lcxischen  HamdwdrUrbmck  dtr  StoMUwisttiueka/Un. 

t  Essay  on  the  "  WerttheoHen  mmd  tyerigrstU*:*  In  Conrad's  Jakrb^eker,  V.  P, 
B.  XVI. 

I" Ultimate  SUndard  of  Valne."  VaU  Revifw,  November,  iSgt. 

[i55] 


8  Annans  of  thh  American  Academy. 

Somewhat  nearer  the  middle  of  our  series,  though  still 
not  far  from  the  cost  end,  we  find  those  writers  w^ho,  with 
certain  modifications,  uphold  the  old  classical  theory.  It  is 
here  that  we  find  the  learned  and  contentious  Dietzel,*  of 
Bonn,  who  so  divides  the  field  of  value  that  the  value  of 
scarcity  goods  is  determined  by  utility,  while  the  value  of 
freely  reproducible  goods  is  determined  by  the  cost.JjHis 
position  differs  from  the  classical  theory,  in  tHat  hie  divides 
the  domain  of  value  in  use  between  utility  and  cost,  in  the 
same  way  that  he  divides  the  domain  of  value  in  exchange. 
The  classical  theory,  on  the  other  hand,  puts  the  use  value 
entirely  under  the  dominion  of  utility.  Quite  close  to  Diet- 
zel, we  find  the  Italian  economist,  Achille  I^oria,  and  the 
able  American  defender  of  the  classical  school.  Professor 
Macvane.  The  latter  has  recently  attacked  the  position  of 
the  Austrian  economists,  in  two  polemical  papers  of  great 
acuteness.  His  interpretation  of  the  Austrian  theory,  how- 
ever, is  not  always  accurate,  nor  always  free  from  polemic 
exaggeration.  His  chief  objection  is  that  their  conception 
of  cost  as  '*a  sum  of  producer's  goods  possessing  value" 
is  obsolete  and  untenable.  He  holds  that  the  only  genuine 
economic  cost  of  production  is  labor  and  abstinence  (more 
correctly,  waiting) ,  which,  in  the  case  of  freely  reprodu- 
cible goods,  are  the  final  and  entirely  independent  regulators 
of  value,  t 

Where  opinions  vary  so  widely  from  one  another,  some 
one  is  usually  found  who  will  take  a  middle  course,  hoping 
to  find  a  solution  for  the  problem  in  the  golden  mean.  This 
mission  of  conciliation  has  been  undertaken  in  this  case  by 
no  less  eminent  economists  than   Professor   Marshall,   of 

•2>iV  Oassickt  IVerltheorie  und  die  Theorie  vom  Grenznutzin,''  Conrad's /aAr- 
hUcher.  "  Zur  classichen  Wert  und  Preistheorie,"  N.  F.,  Vol.  20,  in  the  same/aAr- 
dUcher,  third  edition,  Bd.  i. 

t"  Bdhm-Bawerk  on  Value  and  Wages,"  in  the  Quarterly  Journal  of  Economics^ 
October,  1890;  also  "Marginal  Utility  and  Value,"  in  the  same  journal,  April, 
1893.  Near  the  completion  of  the  present  paper,  a  third  paper  by  Professor 
Macvane  came  to  hand,  "The  Austrian  Theory  of  Value,"  Annals  of  thb 
ACAOBMY,  Novenjber,  1893. 

[156] 


The  Ultimate  Standard  op  Value.  9 

Cambridge,*  and  Professor  Edgeworth,  of  Oxford,  f    Both  of 
these  writers  incline  toward  the  theor>'  of  marginal  utility,  but 
have  perched  themselves  very  nicely  upon  the  middle  round 
of  tlie  ladder,  from  which  vantage-g^und  they  send  forth 
gentle  blame  and  conciliating  applause  to  both  parties  in  the 
discussion.    Jevons  and  the  Austrian  economists  are  censured 
for  exaggerating  the  importance  of  marginal  utility,  while 
the  adherents  of  the  classical  theory  are  taken  to  task  for 
underrating  its  importance;  the  truth,  they  say,  lies  in  the 
middle.      Scarcity  goods,  without  doubt,  have  their  value^ 
determined  entirely  by  utility.     In  the  case  of  freely  repro- 
ducible goods  the  demand  is  governed  by  utility,  and  the  1 
supply  by  cost;  since  the  price  is  determined  by  the  inter-  ' 
action  of  these  two  factors,  one  cannot  say  either  that  utility  1 
alone  or  that  cost  alone  determines  value;  but  rather  that  / 
utility'  and  cost  co-operate  with  each  other  in  the  determina- 
tion of  price,  like,  to  use  Professor  Marshall's  figure,  the  two 
blades  of  a  pair  of  shears,  t 

Criminal  lawj'ers  of  long  experience  are  wont  to  apply  to 
obscure  and  complicated  cases  the  motto:  Cherchez  lafemme! 

For  my  own  part,  when,  in  our  science,  I  find  many  clear 
and  able  thinkers  at  odds  about  a  given  point,  I  usually  ask 
myself,  where  is  the  ambiguous  or  elusive  concept  with  which 

•  "Principle* of  Economics."  I/>ndon,  1890 (second edition.  1891), and  " BkmenU 
of  Economics  of  Industry,"  London,  1892,  passim. 

tA  very  able  criticism  of  my  "Positive  Theory  of  Capital."  In  the  EnnvwtU 
Journal,  June.  1892.  page  378.  Also  in  the  same  number  a  critidaa  of  8awn*t 
"  Introduction  to  the  Theory  of  Value."  by  the  same  writer. 

t  Among  other  noteworthy  contributions  to  the  discussion  of  this  then*  I  wosld 
mention  Pattens  '  Theory  of  Dynamic  Economics,"  1892;  also  a  paper  by  the  sam* 
writer  in  a  recent  number  of  the  Annals  of  thb  AMKMCAit  Acadbmt  on  "  Coal 
and  Expense."  Patten  Ukes  a  position  which  in  the  main  is  not  far  from  that  of 
the  Anstrian  economisU.  His  point  of  riew  is.  howe^r.  peculiar,  in  that  he  throws 
special  emphasis  upon  the  influence  01  consumption  upon  the  ralue  of  goods. 
ThU  is  a  special  theme  which  lies  ouUide  of  the  prorince  of  this  paper.  It  stiU 
remains  to  notice  the  work  of  Irving  FUher  ("  Mathematical  Invcatlcationa  in  the 
Theory  of  Value  and  Prices").  Connecticut  Academy.  189a:  also  a  irory  ahle  work 
of  Benini  ("  //  valore  t  la  sua  attriburioiu  at  heni  strmmfmtmti"),  Bari  189).  Tho 
view*  of  the  Austrian  economists  have  found  very  able  and.becanse  of  many  origiaal 
features  very  interesUng  sUtement.  at  the  hands  of  W.  Smart  ("  talrodnettoa  to 
the  Theory  of  Value."  London,  1891). 

[157] 


lo 


Annai.s  ur  THK  Amkrican  Academy. 


\\wv  i.rt-  -'l.tx  in.:.     In  this  case  we  need  not  search  far  afield; 
:l  !-<  ::x-  ^^  'iiccj-l  I'f  "  cost. "' 

II. 

■;•!••      \   \k:"!S    MI'ANINciS    OV    THE    WORD     "COST." 

'f::i  :,:::\  ■  . c-t.  "  like  inan>-  of  the  other  terms  emplo3xd 
..;  :•.:•.•.:,..:  tC' 'i'.oinw  i^  nsetl,  ])otli  in  scientific  discussions 
.,;•.,;  •.;•.  :■:,,,  t:,,!!  Iiic,  in  scx'eral  (Hfierent  senses.  P^ven  when 
■_■■_  .  ^  ■  ;;.  :  .;  \SM\-  we  a.L;ree  in  sa\ini;-  tliat  the  "cost  of  pro- 
,:•:  i:  :-.  . -:  a  ^>i.  k1  i^  the  sum  of  the  sacrifices  involved  in  the 
>:,  ■.:•■•-.'.  '  :  i'av  ■jn-d,  this,  by  no  means,  i;iiarantees  that  we 
..;;  ]:.'.\\.  t'..i  -,i::i.-  tiling'  in  miiuh  In  the  estimation  of  these 
-  .  :::;  c-,  \w  r.ia>-  em].l()_\-  several  different  methods  of  meas- 
•,:•■  :■.'.  '.-.t.  Tlx-r  ;^i\-e  ns  resuUs  which,  under  certain  circum- 
-•..•:■-.  will  ditfer  not  merel>'  with  reference  to  the  terms 
(  ::.>;.  .■•  I  .!.  i>nt  al-t>  with  reference  to  the  phenomena  indicated 

I-::  '.  .  :'  ill.  \w  :na\  distini^nish  l)etween  what  might  be 
'  .:'.'.■  •':  :'..■■  ■•  -van  hrnnons  ■ '  and  th.e  "historical"  methods  of 
<  •.::...•;:..;  -a*  !ir;ev>.  .\ccording  to  the  former,  we  take  a 
•.•.•.::  '  :  l!a-  Im'.iI  sacrifices  as  th.e  basis  for  our  reckoning,  a 
•a:.:l  w  ::;'  ';:  c  .ntaias  an  increment  of  all  the  forms  of  sacrifi- 
*  '  -  '.'.:.:  !:.  at  ai:\  instant,  nuist  enter  into  the  production  of 
:::-•  •  ■  ■•:\::\'>^\:w.  In  tile  pnxhiction  of  cloth,  for  instance,  we 
•■.■'.:::  .t  :!;'■  -amr  time,  _\-arn,  looms  (wear  and  tear),  the 
'..'•:  :  'A'l'.ers,  coal,  (■l^^ ,  l)esides  '  a  great  many  subor- 
■■••■•'  ■■■■'''  \' ']''.-' >^\\\'{\<n\.  I5\- this  method  we  usually  arrive 
•  '  .  •  :•  •  -.a  ::-i\c  list  ..f  production  sacrifices.  In  order  to 
■  '  '  -.1  ::;..l'- expression  for  tli is  aggregate,  or  for  the  height 
'  •  '••  ■  '.  "■'>'  ::in-t  briii-  tliese  various  elements  in  produc- 
'■  ■•  '■'.'■:  I  '  "laaiMM  (Kiiominator.  This  may  be  done 
■'■■  '  '::a  ■':■:;■,  tla an  all  according  to  their  value  or  price. 
'1.:  S-,  ;a  li:uii( , Us  method  of  reckoning,  the  cost 
'•"••'■  i.ar'/ai'-  •  <\  tlu-  means  of  production,  that  have 
•■:-  •  '•  ::i  til'-  creation  of  the  C(jmmodities,  estimated 
:::.-  l-  tla  :r  value. 


H 


The  Ui^timath  Standard  op  Valur.  ii 

This  is  undoubtedly  the  sense  in  which  the  term  cost  is 
understood  in  practical  business  life.  It  is  in  this  way,  that 
the  manufacturer,  the  farmer  and  the  merchant  reckon  their 
cost.  This,  too,  is  the  sense  in  which  Professor  Marshall 
employs  the  term  when  he  speaks  of  the  * '  money  cost  of 
production,"*  and  in  my  own  writings  about  value  and  cap- 
ital, I  usually  employ  the  term  cost  in  the  same  way.  Usually 
but  not  always,  becaiLse  for  certain  purposes  another  mode 
of  estimating  sacrifices,  becomes  important  and  may  not  be 
neglected.  This  is  the  historical  method.  It  is  quite  mani- 
fest that  many  of  the  concrete  forms  of  goods,  which  we  to- 
day are  compelled  to  sacrifice  to  purposes  of  production,  are 
themselves  the  product  of  past  and  more  original  sacrifices. 
For  example,  the  wood  and  coal  that  we  consume  to-day  in 
the  production  of  cloth,  and  likewise  the  machine  which  we 
wear  out,  are  themselves  the  product  of  previous  sacrifices 
of  labor.  If  we  go  behind  these  material  commodities  to  the 
sacrifices  which  the  human  race  has  suffered  in  successive 
periods  of  time,  in  bringing  them  into  existence,  or  if  you 
like  the  sacrifices  necessary  to  reproduce  them,  the  list  of 
the  historical  production  sacrifices  would  be  greatly  simpli- 
fied. It  would  include  two,  or  at  most  thr^,  elements. 
First  of  all  comes  labor ^  which  without  doubt  is  the  most 
unportant  of  these  elements.  Then  comes  a  second  to  which 
many  economists  have  given  the  name,  abstiiunce.  Perhaps 
a  third  might  be  added,  namely,  valuable  original  natural 
power;  though  many  might  decline  to  regard  this  last  as  a 
sacrifice. 

For  our  present  purpose,  the  extension  of  the  discussion 
to  the  last  two  elements,  about  which  there  may  be  some 
question,  is  not  at  all  necessar>'.  We  may  indeed  leave  them 
entirely  out  of  the  discussion,  and  take  the  most  important 
of  the  above  elements — labor — as  the  representative  of  the 
elementary  production  sacrifices.     Of  course  we  do  not  mean 

•  "*  Elements  "  toI.  i,  p.  214.  Compare  especially  the  enomeratioo  of  the  cl*> 
menu  of  coct  on  p.  217. 

[159] 


12  Annals  of  the  American  Academy. 

that  we  would  either  deny  or  overlook  the  co-operation  of  the 
other  elements;  but,  in  the  question  which  here  interests  us, 
these  elements  play  a  part  in  no  way  different  from  that 
played  by  labor,  so  that  the  result  obtained  for  the  latter 
may  in  a  general  way  be  regarded  as  true  of  the  other  ele- 
mentary production  sacrifices.  It  is  therefore  hardly  neces- 
sary to  repeat  the  same  argument  for  the  other  elements. 

As  I  have  already  remarked,  the  historical  mode  of  view- 
ing cost  is  regarded  by  Professor  Macvane  as  the  only  cor- 
rect method;*  whether  or  not  he  is  right  we  have  yet  to 
inquire.  It  is  employed  by  Professor  Marshall  in  the  state- 
ment of  his  conception,  of  '  *  the  real  cost  of  production. "  f  In 
numerous  instances  I  also  have  had  occasion  to  make  use  of 
it,  as  when  I  endeavor  to  show  that  capital  does  not  possess 
original  productive  power.  Again,  when  in  explaining  the 
operation  of  the  law  of  cost,  J  say  in  the  iron  industry,  I 
declare  in  a  brief  way,  that  the  necessary  means  of  produc- 
tion are  mines,  direct,  and  indirect  labor.  § 

According  to  this  historical  method  of  reckoning  cost, 
labor  may  be  regarded  as  the  chief  representative  of  all  pro- 
duction costs.  But  the  sacrifice  arising  from  the  expenditure 
of  labor  may  itself  be  measured  by  different  standards  or 
scales.  We  can  measure  it  either  according  to  the  amount 
of  the  labor  {i.  e.,  the  duration  of  the  labor),  according  to  the 
value  of  the  labor,  or,  finally  according  to  the  amount  of  the 
pain  or  disutility,  which  is  associated  with  the  labor. 

•  In  his  pap>er,  "  Bohm-Bawerk  on  Value  and  Wages,"  pages  27  and  28,  and  more 
recently  in  his  paper  on  "The  Austrian  Theory  of  Value,"  page  14,  In  order  to 
avoid  any  possible  misunderstanding  that  might  result  from  a  diflference  in  the 
u«e  of  the  term  " historical  cost"  by  Professor  Macvane  ("Marginal  Utility,"  page 
26a),  I  would  expressly  state,  that  I  apply  the  term  "historical "  as  antithetical  to 
"  sjmchronous."  I  therefore  include  under  thi^  term  not  only  that  cost  of  produc- 
tion, which  has  actually  been  expended  in  the  past,  but  also  the  cost  of  reproduc- 
tion, in  so  far  as  this  *'  historical "  may  be  resolved  into  the  single  state  of  primary 
productive  power,  which  must  in  successive  periods  of  time  be  applied  or  expended. 

t " Elements,"  page  214.  "The  exertions  of  all  the  different  kinds  of  labor  that 
are  directly  or  indirectly  involved  in  making  it,  together  with  the  abstinences  or 
rather  the  waitings  required  for  saving  the  capital  used  in  making  it:  all  these 
eflbrta  and  sacrifices  together  will  be  called  its  real  cost  of  production." 

t  ••  PosiUve  Theory  of  Capital,"  page  95  of  English  edition. 

%Ibid.  page  229  of  English  edition. 

[160] 


The  Ultimate  Standard  op  Valub.  13 

Obviously,  through  the  use  of  these  different  standards  of 
measurements,  one  will  arrive  at  very  different  formulas  for 
expressing  the  amount  of  the  costs.  If,  for  instance,  one 
were  asked:  What  is  the  cost  of  production  of  a  certain 
piece  of  cloth  ?  he  would  answer  according  to  the  first  scale 
or  standard,  twenty  days'  labor;  according  to  the  second 
(if  a  day's  labor  cost  say  eighty  cents),  labor  to  the  value 
of  sixteen  dollars,  and  according  to  the  third,  a  certain  simi 
of  pain  or  disutility,  which  the  laborer  must  endure. 

But  it  is  important  that  we  should  here  see  clearly,  that 
this  involves  more  than  a  mere  difference  in  the  terms  em- 
ployed. For  according  as  we  employ  one  or  the  other  of 
these  scales  or  standards,  our  estimates  of  the  actual  amount 
of  the  cost  of  any  commodity  will  vary.  They  will  not 
only  be  different,  but  may  even  positively  contradict  each 
other.  Suppose,  for  instance,  that  a  certain  commodity  A 
requires  for  its  production  twenty  days'  labor,  which  is  paid 
for  at  the  rate  of  eighty  cents  per  day;  again  let  us  assume 
that  a  certain  other  commodity,  B,  requires  thirty  days'  labor, 
which  is  paid  for  at  the  rate  of  forty  cents  per  day.  Now 
if  we  employed  the  first  scale  or  standard,  we  would  reach 
the  conclusion  that  the  cost  of  A  was  less  than  the  cost  of  B, 
(twenty  against  thirty  days'  labor).  By  the  application 
of  the  second,  we  reach  the  directly  opposite  conclusion, 
that  the  cost  of  A  is  greater  than  the  cost  of  B  (labor  to  the 
value  of  sixteen  dollars  against  labor  to  the  valup  of  twelve 
dollars).  It  is  also  clear  that  even  though  we  assume  that 
the  labor  in  these  cases  is  equal,  either  in  amount  or  in  value, 
this  does  not  necessitate  the  conclusion  that  the  amounts  of 
pain  or  disutility  are  equal.  The  labor  of  a  great  artist, 
which  perhaps  is  paid  the  highest  of  any  form  of  labor,  may 
not  only  not  cause  him  any  pain,  but  may  even  yield  him, 
quite  independent  of  all  economical  considerations,  a  large 
measure  of  pleasure.  It  might  therefore  very  readily  happen 
that  by  the  application  of  the  third  standard,  the  cost  of  a 
commodity  would  seem  very  small,  while  its  cost,  according 

[i6i] 


14  ANNAI3  OF  THB  AMERICAN   ACAD^MY. 

to  the  Other  two  standards,  would  seem  very  large,  and  con- 
versely. 

This  short  resume  of  the  uses  that  have  been  made  of  the 
term  '  *  cost  of  production' '  makes  it  clear,  that  if  we 
would  avoid  idle  disputation,  all  further  discussion  of  this 
subject  must  be  preceded  by  the  consideration  of  a  prelim- 
inary question.  A  question  which,  for  the  most  part,  has 
been  neglected  by  those  who  have  taken  part  in  the  general 
discussion.  The  whole  controversy,  in  its  final  issue,  turns 
upon  the  famous  *'  law  of  cost,"  which  holds  that  the  value 
of  the  majority  of  goods,  namely,  those  which  may  be 
regarded  as  freely  reproducible,  adjusts  itself  in  the  long 
run  according  to  the  cost  of  production.  As  to  the  actual 
manifestation  of  such  a  law,  there  can  be  no  question.  Its 
existence  is  empirically  proven,  and  so  far  as  the  actual  factj 
is  concerned  is  unanimously  acknowledged  by  all  parties  td^ 
the  discussion.  The  real  question  is  as  to  the  deeper  mean- 
ing, the  final  theoretical  conclusions,  which  may  be  deduced 
from  this  empirically  established  law  of  cost.  But  before  we 
can  enter  upon  any  inquiry  in  regard  to  this  deeper  meaning, 
we  must  first  know  in  what  sense  the  term  *'  cost "  is  to  be 
employed. 

That  it  cannot  at  one  and  the  same  time,  have  all  of 
the  above  enumerated  meanings,  the  preceding  examples 
make  very  manifest.      If  the  cost  of  a  commodity  A,  taken 
in  one  sense  is  higher,  and  taken  in  another  sense  is  lower, 
than  the  cost  of  a  commodity  B,  it  is  manifest  that  the  price 
cannot,  at  one  and  the  same  time,  be  adjusted  in  both  senses, 
according  to  the  cost.      In  that  event  the  price  of  the  com^ 
modity  A  would  at  one   and  the  same    time  be   higher] 
and  lower  than  the  price  of  the  commodity  B.     Our  mos 
pressing  problem,    therefore,  is  to  find  a  solution  for  that 
preliminary  question,  to  which  we  have  referred,  a  ques- 
tion which  finds  statement  in  the  title  of  the  following, 
chapter. 

[162] 


The  Ultimatb  Standard  of  Value.  15 

III. 

FOR  WHICH  OP  THE  DIFFERENT  MEANINGS  OF  THE  WORD 

"cost"    is   it  REALLY  TRUE  THAT,  ACCORDING  TO 

THE  EXPERIENCE  OP  INDUSTRIAL  UPE,  PRICES 

ADJUST  THEMSELVES  ACCORDING  TO  COST. 

It  is  undoubtedly  true  for  the  value  sum  of  the  synchro- 
nously reckoned  cost;  or  for  what  Professor  Marshall  calls  the 
*'  money  cost  of  production."  This  is  the  cost  from  which, 
in  practical  life,  the  "law  of  cost "  receives  its  most  direct 
and  effective  confirmation.  The  action  of  the  merchant  is 
determined  by  the  amount  which  he  must  expend  for  all  the 
necessaries  of  production.  If  the  price  of  the  ware  is  not 
sufficient  to  cover  this  outlay,  he  ceases  to  bring  the  ware  to 
market;  conversely,  if  the  price  yields  a  fair  surplus  over 
and  above  this  outlay,  the  producers  increase  the  supply 
tmtil  the  price,  in  the  above  sense,  is  adjusted  according  to 
the  cost.  It  is  therefore,  from  the  standpoint  of  the  practi- 
cal man's  estimate  of  the  money  cost  of  production,  that  the 
"  law  of  cost "  is  always  demonstrated.  Even  such  writers 
as  Professor  Marshall  have  recourse  in  the  first  instance,  to 
this  method  of  proof.* 

We  do  not  mean  to  say  that  this  * '  law  of  cost '  *  is  only  true 
for  the  synchronous  method  of  reckoning  money  cost.  On 
the  contrar>',  it  is  in  a  certain  sense  applicable  also  to  the 
historically  reckoned  cost;  and  it  is  this  extension  of  it 
which,  since  the  time  of  Adam  Smith,  has  excited  the  great- 
est interest  among  writers  on  the  theory  of  value.  The 
only  question  is,  to  which  of  the  different  conceptions  that 
are  included  under  the  historical  method  of  reckoning  cost 
may  this  be  applied. 

There  is  no  doubt  that  it  is  true— in  that  approximate  way 
in  which  any  "law  of  cost"  can  be  true — of  the  primary 
elements  of  cost,  labor  and  abstinence,  measured  according 

•  For  in*Unc«.  "  Klementt,"  page  w»,  "tlw  nemal  Icrel  aboat  whfcto  tb«  mar^ 
ket  price  flactaates  will  be  thU  definite  and  fixed  (money)  cxM  of 
Compare  also  Uie  explanation  of  "equilibrium."  on  page 319. 

[163] 


1 6     Annai^  of  the  American  Academy. 

to  their  value.  We  might  put  this  in  a  more  concrete  form 
as  follows: 

In  those  goods  that  generally  obey  the  ''law  of  cost,"  the 
price  of  the  finished  product  tends  to  an  approximate 
equality  with  the  total  siun,  that  must  be  expended  in  wages 
and  interest  during  the  whole  course  of  its  production. 

This  proposition,  I  believe,  is  common  to  all  theories  of 
value  including  the  classical  (see  A.  Smith  and  J.  S.  Mill) , 
and  really  follows  as  a  logical  consequence  from  the  older 
theories.  We  have  said  that  the  price,  say  of  cloth,  tends 
to  adjust  itself  to  the  money  cost  of  producing  cloth.  This 
consists  in  part  of  the  wages  and  interest,  which  are  paid 
directly  in  this  industry  (the  wages  of  weavers);  also,  in 
part,  of  the  money  expended  for  the  consumption  and  dur- 
able goods  sacrificed  in  its  production,  for  instance,  the  yarn 
consumed.  But  here  again,  the  money  price  of  yam,  accord- 
ing to  our  proposition,  would  tend  to  adjust  itself  to  the 
spinner's  money  cost.  This  again  consists,  in  part,  of  inter- 
est and  wages  of  spinners,  and  in  part,  of  the  money 
expended  upon  consumption  and  durable  goods,  say  the 
wool  consumed. 

It  is  manifest  that  the  analysis  may  be  continued  in  this 
Ny  way  until  finally  the  money  cost  of  every  single  stage  of  pro- 
duction is  resolved  into  interest  and  wages.  In  so  far  as  the 
prices  of  the  finished  product  or  of  the  intermediate  products 
(cloth,  yam,  wool,  etc.),  actually  conform  to  their  money 
cost  of  production,  they  cannot  fail,  in  the  end,  to  coincide 
with  the  total  sum  of  the  interest  and  wages  expended  in 
their  production.  Or  what  is  the  same  thing,  they  will 
agree  with  the  total  outlay  of  the  original  elements  of  pro- 
duction— labor  and  abstinence — rated  according  to  their 
value  or  price. 

The  primary  outlay  in  production,  especially  the  labor, 
to  whose  consideration  we  will,  for  the  sake  of  brevity,  con- 
fine ourselves,  can,  as  we  know,  be  measured  by  other  scales 
or  standards. 

[164] 


The  Ultimate  Stanparb  •p  Valub.  17 

If  we  attempt  to  verify  the  law  of  cost,  with  reference  to 
these  other  methods  of  measuring  costs,  we  soon  come  to 
grief. 

It  is  very  clear,  for  example,  that  the  *'  law  of  cost,"  in 
the  sense  that  the  price  tends  to  conform  to  the  quantity  or 
duration  of  the  labor  expended,  will  not  hold  good.  To 
prove  this,  we  need  only  advert  to  the  simple  fact  that  the 
product  of  a  day's  labor  of  a  machinist  or  cabinetmaker  is 
much  higher  in  value  than  the  product  of  a  day's  labor  of 
an  ordinary  ditch-digger.  This  holds  good,  not  only  for  the 
difference  between  skilled  and  unskilled  labor,  but  also  for 
the  less  pronounced  differences  that  exist  between  the  various 
groups  or  grades  of  common  labor.  The  well-known  doc- 
trine of  the  socialists,  which  bases  all  value  upon  the  quan- 
tity of  labor  expended,  must  either  do  violence  to  the  facts 
or  be  untrue  to  itself;  and  this  entirely  independent  of  the 
fact  that  it  ignores  the  cost  element — abstinence.  When, 
for  example,  Marx  concedes  that  skilled  labor  must  be  trans- 
lated into  terms  of  common  average  labor,  and  so,  for  the 
purposes  of  estimating  cost,  must  be  regarded  as  some 
multiple  of  this  common  average  labor,  he  is  only  verbally 
faithful  to  the  proposition  that  the  duration  of  labor  is  the 
true  measure  of  cost.  As  a  matter  of  fact,  he  makes,  the 
value  of  the  labor  expended  the  measure  of  the  cost. 

Our  investigation  becomes  far  more  difficult  when  we 
come  to  consider  the  fourth  of  the  above  enumerated  mean- 
ings of  the  word  cost;  this  meaning  understands  by  the 
word  cost,  the  sum  of  the  pains  or  disutilities  which  the 
laborer  must  endure  in  production.  This  brings  us  to  the 
cardinal  point  of  the  whole  question,  a  point,  however, 
which  requires  the  most  careful  investigation. 

It  is  quite  conceivable  that  the  correspondence  which  we 
have  already  noted  between  the  value  of  freely  reproducible 
goods  and  their  synchronously  reckoned  cost,  and  again  be- 
tween that  value  and  the  value  of  the  labor  expended,  may 
extend  to  a  third  member.     In  this  case  the  law  of  cost 

[1^5] 


1 8  Annals  of  the 'American  Academy. 

would  be  true  in  a  threefold  sense.  To  establish  this  it 
would  be  only  necessary  to  show,  that  the  value  of  the  labor 
corresponds  with  reasonable  accuracy  to  the  amount  of  pain 
that  the  laborer  endures. 

Such  a  correspondence  actually  occurs  under  a  certain 
definite  assumption.  This  assumption  depends  upon  the 
facts,  first,  that  the  pain  of  labor  increases  with  its  dura- 
tion, and  second,  that  the  labor  is  continued  until  the  pain 
of  the  last  increment  of  labor  {Arbeitstheilchen) ^  so-y  the 
last  quarter  of  an  hour,  is  in  exact  equilibrium  with  the 
marginal  utility  of  the  product  of  that  final  increment  of 
labor.  In  this  event  we  have  here  a  common  rendezvous  for 
our  several  items — the  utility  of  the  product,  the  pain  en- 
dured by  the  laborer,  the  value  of  the  labor,  and  finally  the 
value  of  the  product. 

Let  us  illustrate  this  by  an  example.    We  will  take  a  mai 
engaged  in  one  of  the  ordinary  trades,  say  a  cabinetmake 
or   a  locksmith.      A  certain   amount  of  money,   say  five 
cents,  which  he  obtains  for  a  quarter  of  an  hour's  labor,  hasj 
for  him  a  definite  value.     This  is  determined  by  its  mar-! 
ginal  utility,  or  by  the  importance  of  the  last  need  which  he  is 
in  a  position  to  satisfy  through  the  outlay  of  five  cents. 
Now,  according  to  well-known  principles,  about  which  my 
English  and  American  colleagues  and  myself  are  in  entire  j 
agreement,*  this  marginal  utility  will  be  smaller,  as  the  daily 
pay  of  the  laborer  increases.     It  will,  for  instance,  be  smaller 
when  the  laborer  receives  two  dollars  and  forty  cents  for 
twelve  hours  of  work,  than  when  he  receives  one  dollar  and 

•  The  very  nature  of  my  problem  specially  compels  me  to  seek  some  settlement 
or  agreement  with  the  representatives  of  English  and  American  science.  Partly 
because  their  rival  opinions  touch  most  nearly  the  salient  points  of  the  contro- 
versy ;  partly  because  they  already,  in  consequence  of  the  great  weight  of  scientific 
authority  which  they  have  upon  their  side,  and  of  the  exceptionally  able  represen- 
tatives  which  they  have  found,  are  in  advance  of  all  others.  Besides,  I  have  else- 
where taken  occasion  to  refer  to  some  of  the  others  whose  opinions  bear  upon  this 
point.  I  referred  to  Scharling's  theory  in  my  "  Theory  of  Capital,"  p.  i6o,  English 
edition;  to  Dietzel  in  two  papers,  "■  Zwischenwort  zur  Werttheorte,"  and  ''IVert, 
Kosten  und  Grenxnutzen,"  in  Conrad's  Jahrbiicher,  N.R.vol.  xxi,  and  third  edition, 
vol.  iii. 


[i66] 


1 


The  Ultimate  Standard  op  Value.  19 

sixty  cents  for  eight  hours  of  work.  Again,  according  to 
equally  well-known  principles,  about  which  there  is  a  no  le» 
complete  agreement  among  all  parties  to  the  controversy, 
the  fatigue  and  strain  of  the  laborer  grows  with  the  increase 
in  the  duration  of  labor.  Other  things  being  equal,  the 
tenth  hour  of  labor  is  unquestionably  more  fatiguing  than 
the  third  or  sixth,  and  a  fourteenth  or  an  eighteenth  would 
certainly  be  still  more  fatiguing.  Now,  since  the  marginal 
utility  of  every  five  cents  added  to  the  pay  of  the  laborer  is 
less  than  the  utility  of  the  last  preceding  five  cents,  and  since 
with  each  additional  quarter  of  an  hour  of  labor  the  pain 
increases,  there  must  come  a  point  where  the  two  will  meet  or 
be  in  equilibrium  with  each  other.  It  is  also  undoubtedly  true 
that  when  the  laborer  is  entirely  free  to  determine  the  length 
of  his  labor  day,  he  will  continue  his  labor  until  this  point  of 
equilibrium  is  reached.  He  will  work  nine  and  one-half 
hours  when  and  because  to  his  mind  five  cents  is  just  suffi- 
cient indemnification  for  the  disutility  of  the  thirty-eighth 
quarter-hour  of  labor,  but  not  sufficient  for  the  somewhat 
greater  disutility  of  the  thirt>'-ninth  quarter  hour. 

This  point  of  equilibrium  will,  of  course,  vary  for  different 
laborers.  A  laborer,  for  instance,  who  must  provide  for  a 
large  family,  and  to  whom  the  addition  of  five  cents  means 
the  satisfaction  of  a  quite  impoi^^M^'ant,  will  be  inclined  to 
work  longer,  as  will  also  a  y^^^mngorous  laborer,  who 
feels  less  fatigue  from  this  1^^^^^|L  ^^  other  hand,  the 
sickly  or  lazy  laborer,  or  the  onl^^^ias  fewer,'  or  less  press- 
ing wants,  will  stop  at  an  earlier  point.  He  will  prefer  a 
longer  period  of  leisure  to  the  increased  amotmt  of  wages, 
which  he  would  have  obtained  had  he  continued  to  work. 

It  is  just  as  manifest  that,  other  things  being  equal,  the 
point  of  equilibrium  will  vary  for  one  and  the  same  laborer, 
according  to  the  amount  of  the  wage  which  he  will  receive 
for  the  additional  quarter  hour.  A  laborer  who  would  work 
thirty-eight  quarter  ^ours,  for  fix'e  cents  per  quarter  hour, 
would  perhaps  work  forty-two  quarter  hours,   if  he  could 

[167] 


20     Annals  of  the  American  Academy. 

obtain  seven  and  a  half  cents  per  quarter  hour,  while  if  he 
received  only  two  and  a  half  cents,  he  might  only  work 
thirty  quarter  hours.*  Or  the  number  of  hours  of  labor  and 
the  degree  of  fatigue,  which  the  laborer  will  endure,  will 
vary  with  the  rate  of  wages. 

Upon  what  then,  under  the  above  assumption,  will  the 
rate  of  wages  (in  other  words  the  value  of  the  labor)  and 
the  value  of  the  created  products  depend  ?  For  the  simple 
conditions  of  a  Robinson  Crusoe  this  question  is  already 
answered.  The  value  of  the  goods  produced,  which  for  a 
Crusoe  have  no  price,  but  merely  a  subjective  value,  will 
equal  their  marginal  utilities  to  him.  Since  the  product 
constitutes  his  wages  or  the  recompense  for  his  labor,  the 
rate  of  wages  or  the  value  of  his  labor  is  identical  with  the 
value  of  the  product. 

Finally,  Crusoe,  as  a  reasonable  being,  will  continue  his 
labor  to  that  quarter  of  an  hour,  the  disutility  of  which  will 
be  exactly  counterbalanced  by  the  utility  of  the  goods  pro- 
duced in  this  quarter  of  an  hour.  All  four  of  the  items 
which  we  have  been  considering  would  then  be  equal.  Value 
of  product — value  of  labor— marginal  utility — ^pain  of  labor. 
If  it  is  asked:  What,  in  this  case,  are  the  factors  that  deter- 
mine the  value  of  the  product?  We  must  reply  that 
'  *  utility  ' '  and  ' '  disutility  ' '  are  here  of  equal  importance. 
The  utility  of  the  goods  produced  and  the  pain  of  the  laboi 
undergone.  This  point  of  equilibrium  by  which  the  mar- 
ginal utility,  and  therefore  the  value,  is  determined,  is  in 
reality  the  marginal  point  for  both  utility  and  disutility.  We 
might  therefore,  in  this  case,  say  with  Professor  Marshall,! 

*  I  would  not  maintain  that  low  wages  must  always  result  in  a  sinking  of  the 
point  of  equilibrium.  It  may  very  readily  happen,  that  with  very  low  wages  the 
necessities  of  the  laborer  and  so  the  marginal  utility  of  the  unit  of  money,  whichj 
he  receives,  is  so  great  that  he  is  compelled,  even  to  satisfy  the  most  pressinf 
wants,  to  endure  long  hours  of  labor.  This  occurs  with  us  in  the  case  of  the  misrj 
erably  paid  sewing  women,  who  not  unfrequently  work  from  fourteen  to  fifle 
hours  a  day.  But,  as  a  rule,  and  especially  where  the  payment  of  wages  is 
arranged  that  the  overtime  is  paid  for  as  a  separate  item  from  the  regular  time,  thej 
advance  in  wages  will  result  in  an  increase  in  the  supply  of  labor.  This  is  alwaj 
uoder  the  assumption  that  the  laborer  is  free  to  determine  how  long  he  will  worl 

[i68] 


The  Ultimate  Standard  op  Value.  21 

that,  in  the  determination  of  value,  utility  and  disutility, 
or  pleasure  and  pain,  work  together  like  the  two  blades 
of  a  pair  of  shears. 

Though  essentially  the  same  thing,  the  matter  tako  a 
somewhat  more  complicated  form,  when  we  turn  to  the  con- 
sideration of  a  laborer  in  our  actual  economic  world;  still 
assuming  of  course  that  the  laborer  is  free  to  continue,  or  to 
termmate  his  labor  when  he  pleases.  Here  also,  the  value 
of  the  product  will  equal  the  value  or  wages  of  labor.  This 
will  be  true,  even  though  the  laborer  does  not  receive  his 
reward  directly  in  the  form  of  the  created  prodoct,  bat 
receives  a  certain  money  consideration,  in  lieu  of  his  share 
of  the  product.  When  competition  has  done  its  work,  and 
forced  the  value  of  the  product  down,  until  it  equals  its  cost, 
then  the  wages  which  the  entrepreneur  has  paid  out  either 
directly  or  indirectly,  must  equal  the  value  of  the  product, 
(we  here  ignore  all  payments  for  abstinence).  How  high 
will  the  value  of  both  product  and  labor  go  ?  We  would 
again  answer,  to  the  point  at  which  marginal  utility  and 
marginal  disutility  coincide.  Here,  however,  a  new  element 
enters  into  the  problem.  We  have  to  consider,  not  only  the 
marginal  utility  which  the  wages  have  for  the  laborer,  but 
also  the  marginal  utility  which  the  product  of  labor  has  for 
the  general  public  or  for  the  consumer. 

Every  constmier  continues  to  buy  so  long  as  the  marginal 
utility  of  the  ware  exceeds  the  price  sacrifice.  Since  the 
marginal  utility  decreases  as  the  supply  increases,  an 
increase  in  the  amount  produced  cannot  find  a  market  except 
at  a  lower  price.  When,  for  instance,  thirty  million  pieces 
of  a  product,  each  of  which  cost  one-quarter  hour's  labor, 
will  find  purchasers  at  a  price  of  sex'en  and  one-half  cents; 
thirt}'-five  million  pieces  will  perhaps  bring  only  six  cents 
each;  thirty -eight  million  only  five  cents;  fort>--two  million 
only  four  cents,  while  fifty  million  might  only  find  buyers  at 
two  or  at  one  and  one-half  cents.  On  the  other  hand,  the 
amount  that  will  be  produced  will  depend,  ceUris paribus,  upon 

[169] 


22  Annals  of  the  American  Academy. 

the  length  of  the  working  day.  But  this  again,  as  we  have 
seen,  depends  in  part  upon  the  rate  of  wages,  or  upon  the 
amount  which  the  laborer  will  receive  for  an  additional  quar- 
ter hour  of  work.  With  a  wage  of  two  and  one-half  cents 
per  quarter  hour,  every  worker,  according  to  the  figiu-es  of  a 
previous  example,  would  be  willing  to  work  thirty  quarter 
hours  per  day:  with  a  wage  of  five  cents  per  quarter  hour, 
they  would  work  thirty-eight  quarter  hours;  with  a  wage  of 
seven  and  one-half  cents  per  quarter  hour,  they  would  work 
forty -two  quarter  hours.  If  the  number  of  workers  be  taken 
as  a  million,  then  with  a  wage  of  two  and  one- half  cents  per 
quarter  hour,  they  will  produce  thirty  million  pieces;  with  a 
wage  of  five  cents,  thirty-eight  million,  and  with  a  wage  of 
seven  and  one-half  cents,  they  will  produce  forty-two  million 
pieces  of  a  product  of  which  each  piece  costs  one-quarter 
hour  of  labor.  It  is  manifest  that  under  these  conditions 
supply  and  demand  will  be  in  equilibrium  when  we  have  a 
product  of  thirty-eight  million  pieces  with  a  value  of  pro- 
duct, and  a  wage  of  labor  equal  to  five  cents.  This  would 
be  the  price  of  the  commodity  and  the  level  of  wages  at 
which  demand  and  supply  would  come  into  equilibrium. 
All  those  who  desire  to  purchase  at  that  price  would  be 
satisfied,  and,  at  the  same  time,  the  price  would  afford  suflS- 
cient  indemnification  for  the  pain  endured  by  just  the  right 
number  of  workmen.  It  must  not,  however,  be  forgotten 
that  in  the  fixing  of  this  level  the  utility  of  the  ware  is  just 
as  important  a  factor  as  the  disutility  of  the  labor,  or  that  in 
the  determination  of  this  level  they  work  together  like  the 
two  blades  of  a  pair  of  shears. 

Here,  however,  my  English  and  American  colleagues  and 
myself  must  part  company.  They  seem  to  regard  this  rule 
as  capable  of  quite  general  application.*    They  even  seem 

•Profesror  J.  B.  Clark,  in  his  paper  on  the  "  Ultimate  Standard  of  Value,"  has 
■et  forth  with  great  clearness  and  elegance,  nearly  the  same  thought  which  I 
have  employed  in  the  text.  He  certainly  draws  from  it  a  conclusion  which  I  am 
no  more  prepared  to  accept  than  his  brilliant  statement  of  a  part  of  their  pre- 
mises. 

[170] 


The  Ultimate  Standard  of  Value.  23 

disposed  to  hold  that  it  is  the  grtat  law  itself.  I  h<dd,  on 
the  other  hand,  that  this  rule  has  no  wider  application  than 
is  justified  by  the  assumption  upon  which  it  is  baaed; 
namely,  that  the  laborer  is  entirely  fire  to  determine  how 
long  he  will  continue  his  daily  labor.  When,  however,  w« 
tuni  to  the  actual  facts  of  our  present  industrial  life,  we  find 
first  that  this  assumption  does  not  obtain,  save  as  an  excep- 
tion, and  that  it  does  not  correspond  at  all  with  the  other 
assumptions  upon  which  our  empirical  law  of  cost  is 
based. 

IV. 

the  relation  op  the  "law  op  cost"  to  disutility 
continued. 
To  demonstrate  the  first  of  the  two  propositions  with 
which  I  closed  the  preceding  chapter,  I  need  only  advert 
to  well-known  facts.  It  is,  for  instance,  a  fact  of  common 
experience,  that  in  most  branches  of  production  the  laborer 
is  not  fi^ee  to  determine  the  length  of  his  working  day.  The 
hours  of  labor  are  fixed  more  or  less  by  custom  or  law. 
This  is  true  in  factory'  and  workshop,  as  well  as  in  agricul- 
ture. In  some  countries  it  is  the  eleven-hour  day,  in  others 
the  ten-hour  day,  that  prevails.  If  the  present  labor  agita- 
tion should  be  at  all  successful,  we  may  see  the  eight-hour 
day  quite  generally  adopted.  In  any  event,  the  amount  of 
the  pain  of  labor  is  more  or  less  fixed.  When  changes 
occur  in  the  rate  of  wages  or  in  the  value  of  the  product, 
the  laborer  is  not  free  to  make  a  corresponding  change  in  the 
length  of  his  working  day,  and  thus  restore  the  eqtiilibrium 
between  utility  and  disutility.  If  the  ten-hour  day  prevails, 
we  cannot  say  that  with  a  wage  of  seven  and  one-half  centa 
per  quarter  hour,  a  million  laborers  will  work  forty-two  million 
quarter  hours,  and  hence  that  forty-two  million  pieces  of  com- 
modity will  be  produced,  while  with  a  wage  of  five  cents, 
they  will  labor  thirty-eight  million  quarter  hours,  and  pro- 
duce thirty-eight  million  pieces  of  commodity.     But  whether 

[•71] 


24  Annai^  of  the  American  Academy. 

the  wage  was  five  or  seven  and  one-half  cents,  they  would, 
in  all  probability,  work  forty  million  quarter  hours  and  pro- 
duce forty  million  pieces  of  commodity.  In  this  way  the 
equilibrimn,  in  the  case  of  the  individual  laborer,  between 
the  wages  and  the  disutility  of  labor  is  disturbed.  With 
many  the  disutility  of  the  last  quarter  hour  of  labor  will  be 
less  than  the  utility  of  the  wage  received,  while  for  others  it 
will  be  in  excess  of  the  same,  i.  e.,  the  laborer  in  this  last 
instance,  will  find  that  the  disutility  of  the  last  quarter  hour 
of  labor  (or  it  may  well  be  of  several  of  the  last  quarter 
hours)  is  greater  than  the  utility  of  the  wage  that  he 
receives  for  it,  and  this  whether  the  rate  of  pay  is  five  or 
seven  and  one-half  cents  per  quarter  hour.  If  he  were  free 
to  determine  the  length  of  his  working  day,  he  would,  of 
course,  work  that  many  quarter  hours  less.  But,  as  a  mat- 
ter of  fact,  he  is  not  free  to  do  this.  He  must  either  work 
the  reg^ar  ten  hours  or  not  work  at  all.  He  naturally 
chooses  the  former,  because  the  total  utility  of  his  entire 
wage  (which  means  for  him  protection  from  hunger,  etc.), 
is  undoubtedly  greater  than  the  total  disutility  of  the  entire 
ten  hours  of  labor. 

In  this  way  the  disutility  of  the  labor  fails  to  operate  as  a 
correct  measure,  either  for  the  amount  of  the  labor  supply  or 
for  the  quantity  of  the  product.  It  also  fails  in  the  same 
way  as  a  correct  measure  for  the  height  of  wages  and  the 
value  of  the  product.  In  so  far  as  free  competition  may  pre- 
vail in  the  determination  of  cost,  the  value  of  the  product 
will  vary  with  the  wages  paid,  but  it  will  not  vary  with  the 
disutility  of  the  labor.  A  careful  examination  of  the  actual 
facts  of  life  will  show  that  the  influence  of  this  disutility  or 
pain  of  labor  only  appears  in  the  following  special  cases  : 

{a)  In  the  case  of  those  goods  that  are  produced  outside 
of  the  time  devoted  to  the  regular  occupation.  An  instance 
of  this  may  be  found  in  the  making  or  repairing  of  tools 
during  leisure  time,  these  tools  being  intended,  not  for  sale, 
but  for  home  use.     Their  cost  is  the  pain  or  disutility  of  the 

[172] 


The  Ultimate  Standard  op  Value.  25 

labor  devoted  to  them,  and  they  will  be  valued  according  to 
the  amount  of  this  disutility. 

(d)  This  is  also  true  in  the  case  of  some  regular  occupa- 
tions, in  which  men  produce  on  their  own  account  as  artists  and 
authors.  It  is  also  true  in  the  case  of  industries  carried  on 
at  home,  where  men  are  free  to  continue  or  to  stop  working 
as  they  may  themselves  determine.  That  the  degree  of  their 
fatigue  will  exert  an  influence  upon  this  determination  may 
be  granted. 

(c)  This  is  likewise  true  in  those  industries  in  which  men 
voluntarily  work  overtime  and  receive  special  payment  for 
the  same.  But  such  overtime  is  neither  general  nor  fixed. 
It  is  a  more  or  less  temporary  and  exceptional  arrangement, 
which  only  continues  during  the  period  of  special  pressure. 
Therefore  the  influence  of  this  case  upon  the  supply  of  labor 
and  the  value  of  the  product  is  neither  deep  nor  lasting. 

(d)  Differences  in  agreeableness  or  disagreeableness  of 
the  various  occupations  will  (unless  offset  by  other  condi- 
tions) tend  to  give  rise  to  differences  in  the  rate  of  wages. 
Those  which  involve  less  than  the  average  laboriousness  or 
unpleasantness,  or  which  have  associated  with  them  certain 
advantages  or  perquisites  will  yield  a  less  than  normal  wage. 
Occupations  of  more  than  the  average  laboriousness  or  un- 
pleasantness will,  on  the  other  hand,  yield  a  more  than  nor- 
mal wage.  I  must,  however,  expressly  declare,  that  in 
these  cases  the  absolute  amount  of  the  pain  of  labor  does  not 
determine  the  absolute  amount  of  the  wages.  Differences  in 
the  disutility  or  pain  of  labor  can  only  give  rise  to  variations 
from  a  normal  wage,  and  as  we  shall  take  occasion  to  show, 
this  normal  wage  is  determined  by  an  entirely  different  set 
of  conditions. 

The  influence  of  the  laboriousness  or  disagreeableness  of 
the  labor  is  often  greatly  modified  and  in  some  instances 
is  entirely  offset  by  opposite  tendencies.  In  Professor 
Marshall's   *'evil  paradox"  *  we  have  one  of  the  earliest 

•  •* ElcmeuU,"  page  275. 

[«73] 


26  Annals  of  the  American  Academy. 

recognized  facts  of  our  economic  experience.  This  is  the 
fact  that  unpleasant  occupations,  unless  they  demand  some 
rare  quality,  usually  bring  in  a  wage  that  is  not  only  no 
higher,  but  is  ofltimes  lower,  than  that  paid  in  more  pleas- 
ant occupations. 

(e)  Under  normal  wage  I  include  the  wage  in  all  those 
occupations  that  do  not  require  any  rare  or  exceptional 
qualities.  This,  of  course,  includes  the  great  mass  of  all 
occupations.  With  this  understood,  it  becomes  clear  that 
the  disutility  of  labor  has  but  an  indirect,  and  in  one  sense 
crude  influence  upon  the  absolute  height  of  the  normal 
wage.  It  undoubtedly  prevents  the  introduction  of  an  eigh- 
teen-hour  labor  day  or  even  of  a  fifteen-hour  day,  but  it  has 
not  been  able  to  prevent  the  introduction  of  a  thirteen  or 
fourteen-hour  day,  as  is  shown  by  the  history  of  the  condi- 
tion of  the  laboring  classes.  No  one  would  claim  that  the 
progress  of  humanity  from  a  thirteen  to  an  eight-hour  labor 
day  has  corresponded  step  for  step  with  a  similar  progressive 
movement  in  the  subjective  feelings  pf  the  laborer.  Nor  will 
any  one  claim  that  the  laborer  will  find  in  his  wages  an  exact 
equivalent  or  recompense  for  the  pain  or  disutility  of  his 
labor  when  he  works  thirteen  hours  per  day.  Again,  when 
he  works  twelve  hours  per  day,  and  so  on  for  eleven,  ten, 
nine  and  finally  for  eight  hours  per  day.  It  is  no  nice  varia- 
tion in  the  point  of  equilibrium  between  utility  and  dis- 
utility that  determines  the  length  of  the  working  day.  It 
is  the  changing  of  the  relative  strengths  of  the  various  social 
factors  that  plays  the  principal  part  in  this  determination. 
This,  within  certain  limits,  which  we  cannot  here  stop  to  dis- 1 
cuss,  it  will  probably  continue  to  do  in  the  future. 

(/)  Finally  the  absolute  height  of  the  wages  of  skilled) 
labor  is  manifestly  still  more  independent  of  the  disutility  ori 
pain  of  such  labor.  I  take  it  that  no  economist  would  urge! 
that  this  is  the  element  which  finally  determines  the  salary' 
of  the  higher  officials,  great  actors  or  singers,  specially  skilledj 
workmen,  managers  of  factories,  lawyers,  doctors,  etc. 

[174] 


Thb  Ultimate  Standard  op  Valub.  27 

These  various  points  taken  together  certainly  justify  the 
assertion  made  above,  viz. ,  that  the  actual  conditions  which 
make  possible  an  equilibrium  of  wages  and  pain,  or  of  value 
and  pain  (so  far  as  the  value  of  the  product  is  dependent  upon 
the  height  of  the  wages),  do  not  obtain  in  our  industrial  life. 
On  the  contrary,  these  conditions  are  only  found  in  a  rela- 
tively limited  number  of  unimportant  and  exceptional  caBes. 

This  alone  would  be  sufficient  to  show  that  in  tracing  the 
influence  of  disutility  upon  the  value  of  goods,  we  have  quite 
a  different  and  indeed  much  narrower  trail  to  follow,  than 
that  which  leads  to  the  great  empirical  law  of  cost.  This 
may  be  shown  in  the  clearest  and  most  convincing  way  from 
several  different  standpoints,  and  with  this  we  are  brought  to 
the  second  proposition  advanced  at  the  end  of  the  preceding 
section.  First,  it  may  be  shown  that  in  many  instances  the 
correspondence  of  the  value  of  goods  with  their  cost,  in  the 
sense  of  the  great  empirical  law  of  cost,  not  only  does  not 
imply  that  the  value  of  the  goods  corresponds  to  the  disutility 
or  pain  of  labor,  but  actually  excludes  this  assumption. 
Excludes  it  not  merely  by  chance  or  temporarily,  but  of 
necessity  and  permanently. 

In  order  to  avoid  needless  repetition,  we  will  take  an 
example  that  is  sufficiently  comprehensive  to  include  nearly 
all  possible  cases.  In  the  production  of  nearly  all  wares 
there  comes  into  play,  besides  the  commoner  sorts  of  labor, 
some  better  paid  skilled  labor.  In  the  making  of  a  common 
cloth  coat,  we  will  have  the  labor  of  some  skilled  cutter,  or 
of  a  manager  with  a  higher  standard  of  life.  Again,  in  the 
weaving  of  the  cloth,  we  find  the  better  paid  labor  of  factory 
bookkeeper,  manager,  etc.  If  we  go  back  to  still  earlier 
stages— the  manufacture  of  the  machines  or  looms,  the  min- 
ing or  preparation  of  the  steel,  etc. — it  is  clear  that  the  better 
paid  labor  of  the  engineer,  foreman  and  manager  will  enter 
into  the  cost. 

Let  us  now  assume  that  the  production  of  a  cloth  coat, 
including  all  stages,  costs  three  days  of  common  labor  at 

[«75] 


28  Annals  of  the  American  Academy. 

eig:hty  cents  and  one  day  of  skilled  labor  at  one  dollar  and 
sixty  cents.  Let  ns  also  assume,  for  the  sake  of  the  argu- 
ment, that  the  wage  of  eighty  cents  is  an  exact  equivalent  or 
rcc  )inpcnsc  for  the  pain  of  a  day's  labor.  If  the  amount  of 
thi>  pain  of  labor  is  to  figure  as  the  regulator  of  price,  then 
un  Icr  the  above  assumptions,  the  price  of  the  coat  should 
11.  )i  exceed  three  dollars  and  twenty  cents,  for  the  skilled  labor 
of  the  engineer  or  bookkeeper  is  not  more  painful  than  that 
of  the  ctimmon  miner  or  tailor.  Hence,  if  we  take  the  pain 
as  the  standard,  we  cannot  reckon  the  former  as  greater  than 
tile  latter.  And  yet  we  all  know  that  under  the  above 
assumptions,  a  cloth  coat  could  not,  for  any  long  time,  be 
j)nt  upon  the  market  for  less  than  four  dollars  (not  including 
interest ) .  This  is  manifestly  out  of  proportion  with  the  dis- 
utility of  the  lalx)r.  And  yet,  according  to  the  law  of  cost, 
the  price  of  the  coat  in  the  long  run,  and  under  conditions 
of  free  comjx-tition,  should  tend  or  gravitate  toward  this 
disutility. '•■ 

The  lack  of  agreement  of  the  cost,  in  the  sense  of  the 
classical  law  of  cost,  with  the  disutility  of  labor,  may  be 
sIkjwii  by  aj)proaching  the  question  from  an  entirely  diflfer- 
eiit  \x)'\ni  of  view.  This  brings  us  to  an  interesting  counter 
test,  which,  if  I  am  not  greatly  mistaken,  has  hitherto 
entirely  esca})ed  the  attention  of  Economists. 

We  have  occasionally  remarked  that  the  w^ages  of  skilled 
laljorers,  as  a  rule,  are  determined  upon  other  grounds  than  the 
amount  ot  pain  which  these  persons  endure.     In  particular 

•  \Vr  ini;<l,t  c.mpar.-  the  coat  that  cost  three  days  of  common  labor  at  eighty 
crj.t,  ,,i,l  ,,„,.  ,i,y  ,,j-  ^;^ii]^.,j  ]al)or  at  one  dollar  and  sixty  cents  with  another  coat 
lh.it  ..,si  j,,ut  d.iy,  ..f  tonunon  labor  at  eighty  cents.  If  the  law  of  co.st  is  inter- 
I.?--tr.l  .,>  m.-aiiiij^  the  sum  of  the  pain  or  di.sutility  endured,  then  these  coats 
^;l...l^!  h;iv.-  :ib.,ut  ihv  same  vahie.  It  is  niani/"est,  however,  that  the  fulfilling  of 
Dir  ;..w  .,1  .,,si  .itu.illy  drniands  the  opixjsite  of  this:  that  the  coats  should 
'I  !:  It!.:'-  Ill  ih.  r.  '.i.of  t-u  to  eight.  The  emiiirical  law  ofcost  is  by  no  meansthe 
•«  i::i-  i.'iiii^;  .IS  th-  r>  K'ul.iti.)!!  of  price  through  the  disutility  of  lal)or,  and  cannot  be 
y      Of  ..H  iTof'Hv.r  C.rcrM  s.iy>  in  a  ])aper  on  "Pain  Cost  and  Opportunity  Cost," 

U>  -Jiall  irrt:,iiily  find  tlial  th.-  rule  of  vqual  values  for  c(iual  pains  is  not  the 
U-.»  wh).  h  a.  tually  .Irtcrmiiits  cxcliang<-  raiiosr— Quarterly  Journal  of  Economics, 
JaaL..»:y    i-.^ 


The  Ultimate  Standard  op  Valub.  39 

cases,  it  is  possible  to  find  a  justification  for  the  castiift- 
tical  assumption  which  regards  utility  and  disutility  as  exer- 
cising an  equal  influence,  both  upon  the  remuneration  of  labor 
and  the  value  of  the  goods  produced.  This  is  just  as  true  as 
regards  the  ordinary  carpenter  ^or  locksmith,  as  in  the  case 
of  some  famous  artist,  such  as  Titian  or  Van  Dyck.  In 
short,  it  is  true  of  all  men  who,  because  of  the  scarcity  of 
their  talents,  possess  a  sort  of  monopoly  in  the  production  of 
certain  goods.  How  long  they  will  work  per  day  will  de- 
pend, in  part  at  least,  upon  the  degree  of  fatigue  that  they 
must  undergo.  This,  however,  does  not  give  us  a  fixed 
limit.  How  long  a  great  artist  will  work  depends,  as  in  the 
case  of  the  common  laborer,  upon  several  conditions.  Among 
others  upon  the  rate  of  pay  that  he  can  obtain  for  the  pro- 
duct of  his  more  prolonged  effort.  An  artist  may  not  be 
willing  to  work  overtime  to  paint  a  picture,  for  which  he 
will  receive  forty  dollars.  He  might,  however,  not  only 
willingly  but  gladly  prolong  his  working  day  if  he  were 
offered  four  thousand  dollars  for  the  completed  picture. 

In  short,  there  is  nothing  to  prevent  the  producer  of 
a  monopoly  good  from  so  prolonging  his  day's  labor,  and 
thereby  the  daily  supply  of  his  monopoly  ware,*  until  the 
marginal  utility,  of  the  money  received  for  the  last  unit  of 
labor  time,  is  in  exact  equilibrium  with  the  disutility  of  this 
last  unit  of  labor  time.  It  cannot  be  denied  that  under  such 
circumstances  the  disutility  exercises  a  determining  or  co- 
determining  influence  upon  the  amount  of  the  supply,  the 
height  of  the  marginal  utility,  and  the  price  of  the  product. 
This,  too,  is  done  in  just  the  same  way  as  in  the  illustration 
given  in  the  last  chapter,  in  which  the  ware  was  the  product 
of  common  labor.  At  the  same  time,  economists  are  agreed 
that  such  monopoly  prices  do  not  come  under  the  classic  law 

•  It  would  be  eMy  to  find  many  other  and  poMibly  better  cjuunples  than  that  of  the 
artist.  In  his  case  the  artistic  impalae  ia  always  strongly  opposed  to  the  actios  ct 
the  purely  economic  motives.  Possibly  the  best  examfrfe  would  be  an  Invvator. 
He  is  in  a  position  to  produce  a  useful  object,  without  any  help  ftcm  oChcrs*  lad 
is  entirely  free  to  determine  the  length  of  his  working  day. 

[177] 


30  Annai3  of  the  American  Academy. 

of  cost.  Here  again,  as  I  believe,  we  are  brought  to  the 
conclusion,  that  the  disutility  which  we  are  investigating  is 
something  diflferent  from  the  cost  which  is  operative  in  the 
empirical  law  of  cost,  and,  therefore,  that  those  economists 
are  on  the  wrong  path  who  think  that  the  occasional  agree- 
ment of  value  and  disutility  may  be  explained  as  a  manifes- 
tation of  the  great  empirical  law  of  cost,  and  vice  versa. 

This  erroneous  confounding  of  two  quite  different  phe- 
nomena has  been,  as  it  were,  in  the  air  of  theoretic  eco- 
nomics since  the  time  of  Adam  Smith.  The  latter,  according 
to  the  very  apt  and  ingenious  observation  of  Wieser,*  really 
gives  two  parallel  explanations  of  the  phenomenon  of  value, 
viz. :  a  philosophical  explanation,  which  is  especially  appli- 
cable to  primitive  conditions;  and  an  empirical  explanation, 
which  is  better  suited  to  the  more  fully  developed  conditions 
of  our  present  industrial  life.  Adam  Smith  also  gives  us 
two  similarly  related  explanations  of  cost.  According  to 
the  philosophical,  he  puts  the  personal  pain  associated  with 
labor,  * '  the  toil  and  trouble, ' '  as  the  cost  which  really  deter- 
mines the  price  of  the  product.  I^ater,  in  explaining  his 
famous  law  of  cost,'  which  belongs  to  the  empirical  part  of 
his  theory  of  value,  he  holds  that  the  "  natural  price"  of 
the  product  gravitates  toward  the  empirical  cost.  This,  he 
declares  to  be  wages  of  labor  and  interest,  f  To  the  mind  of 
Adam  Smith,  of  course,  there  was  no  opposition  between^ 
these  two  explanations,  and  accordingly  it  was  impossible 
escape  the  conclusion,  that,  at  least  so  far  as  labor  is  coi 
cemed,  they  really  have  to  do  with  the  same  thing.  B] 
eliminating  the  modem  economic  conditions,  as  modified  bj 
exchange,  we  get  the  real  kernel  of  the  matter.  And  this' 
kernel,  according  to  the  empirical  law  of  cost,  is  nothing 
else  than  "  the  toil  and  trouble  "  of  labor. 

The  well-known  controversy  that  long  monopolized  the 
attention  of  the  classical  economists,  whether  the  price  of 

•  ••  DerNatbrlUke  Wert,''  Wien.  1889,  Preface,  p.  Ui. 
t"  Wealth  of  Nations,"  Bk.  i„  Ch.  v.  and  vii. 

[178] 


The  Ultimate  Standard  op  Value.  31 

goods  depends  upon  the  quantity  of  labor  expended,  as 
Ricardo  taught,  or  upon  the  amount  of  wages,  as  Mill  cor- 
rectingly  suggested,  afforded  ample  opportimity  to  correct 
this  error.  They  failed,  however,  to  do  so.  The  old  Smithian 
"toil  and  trouble  "  remained  in  a  sort  of  scientific  haziness, 
until,  through  Gossen,  and  especially  through  Jevons,  it 
was  brought  to  full  and  clear  recognition.  Then,  for  the 
first  time  under  the  name  of  the  *  *  disutility  of  labor, '  *  it 
was  raised  to  the  rank  of  an  elementary  economic  power, 
while  its  counterpart,  the  utility  of  the  good,  was  set  over 
against  it.  The  old  confusion,  however,  attached  itself  to 
the  new  names.  If  I  am  not  greatly  mistaken,  not  only  the 
followers  of  the  old  classical  school,  but  also  many  of  the 
adherents  of  the  newer  theory,  developed  by  Je\''ons,  still 
stand  under  this  ban. 

In  the  case  of  Professor  Macvane,  the  confusion  is  quite 
pronounced,  as  when  he  explains  the  cost  of  the  classical 
law  of  cost  as  *'pain  of  labor  and  fatigue  of  muscles."* 
Professor  Edgeworth  takes  substantially  the  same  position 
when  he  occasionally  explains  the  '  *  disutility  ' '  in  terms  of 
•'cost  and  sacrifice. "t  Or  when  he  sets  first  utility  and 
cost,t  and  again,  utility  and  disutility  over  against  one 
another. §  Again,  when  he  indulges  in  a  polemic  against 
the  Austrian  school  of  economists,  and  urges  that  they  have 
neglected  the  great  Ricardian  law  of  cost  and  stripped  it  of 
its  significance,  and  that  they  have  not  properly  recognized 
the  function  of  disutility  in  the  determination  of  the  eco- 
nomic equilibrium  and  the  value  of  goods.  ||  Profisssor 
Marshall,  as  it  seems  to  me,  also  becomes  involved,  to 
some  degree,  in  this  confusion.  While  Ricardo  held  that 
cost  of  production,  and  Jevons  held  that  marginal  utility 
was  the  determinant  of  value,  Marshall  holds  that  both  enter 

•  '*  Marginal  UUlity  and  Value.*'  pp.  ate,  369. 

t  Economic  Journal,  June.  189a,  p.  334. 

I  /*!</..  p.  yss- 

\rbid.,  p.  337. 

|/Mtf.,  poisim,  especially  p.  334- 

[«79] 


32 


Annals  of  the  American  Academy. 


into  the  determination  of  value,  and  that,  like  the  two  blades 
of  a  pair  of  shears,  they  are  co-equal  factors  in  this  determi- 
nation. Nor  does  he  assume  this  position  in  any  tentative 
way,  but  rather  holds  that  he  has  found  the  solution  for  a 
problem  long  in  dispute.* 

No  matter  who  is  responsible  for  this  confounding  of  the 
cost  of  the  empirical  law  of  cost  with  the  disutility  of  labor, 
the  fact  remains  that  the  confusion  does  exist.  In  order  to 
distinguish  as  sharply  as  possible  between  the  two  principles 
referred  to,  I  may  remark  that  there  is  a  rule  which  may  be 
called  the  law  of  disutility,  according  to  which  the  value  of 
all  goods  that  come  under  its  influence  tend  to  be  in  equilib- 
rium with  the  amount  of  the  pain  involved  in  their  produc- 
tion. But  this  is  far  from  being  the  same  as  the  great  empirical 
law  of  cost.  It  depends  upon  quite  different  assumptions, 
and  upon  the  play  of  other  and  intermediate  motives. 
Finally,  it  has  a  different  and  much  smaller  field  of  opera- 
tion. On  the  one  side,  it  includes  but  a  small  part  of  the 
territory  covered  by  the  empirical  law  of  cost,  and  on  the 
other,  it  includes  a  certain  portion  of  territory  which  is  not 
covered  by  the  law  of  cost. 

This  somewhat  minute  and  pedantic,  though  none  the  less 
necessary,  examination  of  the  famous  law  of  cost  leads  us  to 
the  following  conclusion.  The  law  of  cost,  as  applied  to  the 
actual  facts  of  our  economic  life,  is  susceptible  of  verifica 
tion,  in  the  sense  that  the  synchronously  reckoned  cost,  or 
the  sum  of  the  values  of  goods  expended  in  production, 
coincides  with  the  price  of  the  product.  Again,  under  the 
assumption  that  this  synchronously  reckoned  cost  can  all  be 
resolved  historically  into  labor,  it  is  possible  to  verify  the 
proposition  that  the  price  of  the  product  is  determined  by 
the  sum  of  the  labor  expended,  measured  in  terms  of  the 
value  of  this  labor.  But  the  law  of  cost  is  certainly  not  true! 
in  the  sense  that  the  price  of  those  goods  which  are  within!  j 

•••Principles,"  note  on  Ricardo's  Theory  of  Cost  in  Relation  to  Value,  Bk.  vi., 
Ch.TL 

[i8o] 


« 


The  Ultimate  Standard  op  Value.  33 

the  domain  of  the  law  of  cost  is  determined  by  the  amoant  \ 
of  the  pain  involved  in  their  production. 


THE  LAW  OP  COST  AND  THE  VALUE  OP  LABOR. 

I  would  now  ask,  and  my  colleagues  of  the  Austrian  school 
ask  with  me,  what  advance  have  we  made  toward  a  solution 
of  our  problem.  Even  though  it  be  shown  by  means  of  the 
famous  law  of  cost,  that  the  value  of  freely  reproducible 
goods  may  be  resolved  into  the  value  of  their  means  of  pro- 
duction, or  into  the  value  of  the  most  ultimate  or  elementary 
factor  in  production,  z.  e.,  labor,  we  still  must  ask,  what 
progress  has  been  made  in  explaining  the  value  of  goods  ? 

Manifestly  this  translation  of  the  value  of  goods  into  the 
value  of  the  means  of  production,  does  not  g^ve  us  the  final 
solution  for  our  problem,  for  we  must  still  further  inquire,  how 
we  are  to  determine  the  value  of  these  means  of  production; 
or  if  we  regard  the  means  of  production  as  resolvable  his- 
torically into  the  labor  previously  expended,  how  are  we  to 
determine  the  value  of  this  labor  ? 

Let  us  proceed  immediately  to  the  consideration  of  the 
second  half  of  our  question.  This  will  bring  us  at  once  to 
the  root  of  the  problem.  For  the  sake  of  clearness  I  will 
accept  as  the  basis  of  the  argument  the  doctrines  proposed 
by  those  who  are  in  opposition  to  me  in  this  matter. 

In  Professor  Marshall's  most  admirable  book  which  may 
fairly  be  taken  as  representative  of  the  present  status  of 
economic  theory  in  England,  may  be  found  several  answers 
to  the  question:  What  determines  the  value  of  labor?  In 
one  place,  he  teaches  that  "free  competition  tends  in  the 
direction  of  making  each  man's  wages  equal  to  the  ntf  prth- 
dud  of  his  own  labor;  by  which  is  meant,  the  value  of  the  pro- 
duce which  he  takes  part  in  producing,  after  deducting  all  the 
other  expenses  of  producing  it. '  '*     He  also  holds,  that  * '  the 

•  ••  Klements,"  Bk,  vl.,  Ch.  tt.,  \  a.  and  corretpondiog  |>Uce  la 

[I8t] 


34  Annai^  of  th^  American  Academy. 

wages  of  every  class  of  labor  tend  to  be  equal  to  the  net  pro- 
duce due  to  the  additional  labor  of  the  marginal  laborer  of 
that  class.  It  may  be  remarked,  that  in  obtaining  the  value 
of  labor  out  of  the  value  of  the  product  of  labor,  one  is  in 
entire  harmony  with  the  conceptions  of  the  Austrian  school. 
What  efifect  this  has  upon  the  law  of  cost  will  appear  later 
on  in  the  discussion. 

In  another  place*  Professor  Marshall  gives  us  quite  a 
different  standard  for  determining  the  value  of  labor.  He 
holds,  that  in  the  case  of  every  agent  of  production:  "  there 
is  a  constant  tendency  toward  a  position  of  normal  equi- 
librium, in  which  the  supply  of  each  of  these  agents  shall 
stand  in  such  a  relation  to  the  demand  for  its  services,  as  to 
give  to  those  who  have  provided  the  supply  a  suflScient 
reward  for  their  efforts  and  sacrifices.  If  the  economic  con- 
dition of  the  country  remain  stationary  sufficiently  long  this 
tendency  would  realize  itself  in  such  an  adjustment  of  sup- 
ply to  demand,  that  both  machines  and  human  beings  would 
earn  generally  an  amount  that  corresponds  fairly  with  their 
cost  of  production." 

I  am  not  quite  sure  how  wide  an  application  Professor 
Marshall  would  give  to  this  statement.    This  much,  however, 
is  clear,   he  would  apply  the  distinction  of   the  classical 
school,  between  the  rapidly  fluctuating  *'  market  price ' '  and 
the  '  *  normal  value  ' '  which  is  based  upon  cost,  to  the  com- 
modity— ^labor.      In  the  passage  just  cited   he  manifestly 
wishes  to  indicate  the  standard  according  to  which  the  nor- 
mal or  long  period  position  of  wages  is  finally  determined. 
But  as  it  appears  to  me,  he  is  not  quite  clear  whether  he 
would  make  the  efforts  and  sacrifices  of  the  laborer  the  ulti- 
mate standard  (as  his  expression,  ''sufficient     .     .     .     for 
their  efforts  and  sacrifices,"    would  seem  to  indicate),  or; 
whether  he  would  take  the  cost  of  rearing  and  maintaining; 
human  beings  as  the  standard  (as  the  expression  "  amount' 
that  corresponds  fairly  with  the  cost  of  production  of  human 

•  "  mements,*'  Bk.  vl.,  Ch.  v,  g  4,  and  corresponding  place  in  "  Principles." 

[182] 


The  Ultimate  Standard  op  Value. 


35 


beings  ")  would  imply.  Doubt  may  also  arise  whether  it  is 
his  opinion  that  the  absolute  height  of  wages  tends  to  an 
equilibrium  with  the  ''eflforts*'  or  "cost  of  production  of 
human  beings,"  or  that  the  differences  in  wages  to  which 
these  g^ve  rise  are  but  variations  from  an  average  le\'el,  the 
absolute  height  of  wages  being  determined  by  other  consid- 
erations. 

If  this  last  is  Professor  Marshall's  opinion,  then  I  am  in 
entire  agreement  with  him  in  his  conception  of  the  value  of 
labor.  That  differences  in  the  pain  of  labor  tend  to  bring 
about  corresponding  differences  in  wages,  I  have  already 
admitted.*  The  same  influence,  and  for  quite  analogous 
reasons,  may  be  exercised  by  differences  in  the  cost  of  pro- 
ducing human  beings. 

If,  however,  the  expression  is  to  be  interpreted  in  the 
wider  sense,  that  the  absolute  height  of  wages  is  finally  de- 
termined by  the  pain  of  labor,  or  by  the  cost  of  producing 
human  beings,  then,  as  it  seems  to  me.  Professor  Marshall 
has  taken  a  position  which  cannot  be  maintained.  This,  so 
far  as  the  pain  of  labor  is  concerned,  I  have  endeavored  to 
show  in  a  previous  chapter.  In  regard  to  the  cost  of  pro- 
ducing htunan  beings,  a  twofold  objection  suggests  itself: 
First,  this  statement  is  hardly  verified  by  experience,  tot 
modem  economists  are  quite  generally  agreed  that  the  * '  iro» 
law  of  wages ' '  cannot  be  interpreted  as  meaning  that  the 
necessary  cost  of  maintenance  is  a  fixed,  definite  amount, 
toward  which  the  wages  of  labor  must  in  the  long  run  tend. 
On  the  contrary,  they  are  agreed  that  the  wages  of  labor 
may  permanently  exceed  that  amount,  which  hitherto  has 
been  regarded  as  the  amount  of  the  necessar>'  cost  of  main- 
tenance. And  when  this  excess  of  the  wages  of  labor  above 
the  cost  of  maintenance  does  disappear,  it  is  really  due  to 
the  fact,  that  the  better  conditioned  laboring  population  have 
so  accustomed  themselves  to  the  higher  standard  of  life, 
that  much  that  before  was  a  luxury  is  now  a  neoeanty.     In 

*  See  above,  p.  24. 

[«83] 


36 


AnnaivS  of  the  American  Academy. 


an  agreement  between  cost  of  maintenance  and  wages  of 
labor  obtained  in  this  way  it  can  hardly  be  said  that  the 
cost  of  maintenance  is  the  determining,  and  the  wages  of  labor 
the  determined  element. 

Second,  this  last  explanation  is  not  satisfactory  because 
it  simply  leads  us  around  in  a  circle.  According  to  this  law 
of  cost,  the  price  of  the  means  of  maintaining  the  laborer  (as 
bread,  meat,  shoes,  coats,  etc. ) ,  is  to  be  explained  by  the 
value  and  price  of  the  labor  expended  in  the  production  of 
these  commodities.  If  we  start  with  this  proposition,  we  can 
hardly  continue,  and  say  that  the  price  of  the  labor  is  to  be 
resolved  into  the  cost  or  price  of  the  means  of  maintaining 
the  laborer.  I  have  elsewhere  dwelt  upon  the  unsatisfactory 
nature  of  this  explanation,*  and  so  need  not  elaborate  upon  it 
at  this  point.  Nor  have  I  any  ground  for  thinking  that  Pro- 
fessor Marshall  and  the  other  moderate  representatives  of  the 
modem  English  school  would  accept  the  * '  iron  law  of 
wages ' '  in  any  literal  sense,  with  all  the  theoretic  and  practi- 
cal consequences  which  this  would  involve. 

Under  these  circumstances  I  do  not  believe  it  is  possible  to  j 
give  a  scientific  explanation  of  the  absolute  height  of  wages, 
without  some  reference  to  that  standard  upon  which,  in  the] 
first  of  the  above  quoted  statements.   Professor  Marshall^ 
seems  inclined  to  base  the  market  or  demand  price  of  labor. 
This  is  the  marginal  utility  of  the  labor,   or,   otherwise' 
stated,  the  value  of   the  product  of   the  last  or   marginal, 
laborer.     This  explanation  must,  however,  be  supplemented  i 
in  many  and  in  part  important  details,  by  reference  to  the 
influence  of  the  painfulness  of  labor  and  the  cost  of  mainte- 
nance, though  these  can  never  entirely  replace  the  above 
explanation.     Even  though  for  scientific  purposes  we  were 
permitted  to  neglect   the  periods   of  short  and  moderate 
length,  we  could  not  explain  those  long  periods  to  which  we 
had  limited  ourselves  without  reference  to  other  elements, 

•In  •  paper,  replying  to  Dietzel,  on  "  H^ert,  Kosten  und  Grenznuizen,"  in  Con- 
nd's/aAr^iicA^r,  third  series,  book  iii,  p,  332. 

[184] 


« 


The  Ultimate  Standard  op  Vai.ub. 


37 


besides  the  painfulness  of  labor  and  the  cost  of  mainte- 
nance. 

But  we  are  not  permitted,  even  for  scientific  purposes,  to 
neglect  these  short  and  moderate  length  periods.  On  the 
contrary,  any  serviceable  explanation  of  the  value  of  wares, 
which  couid  be  included  imder  the  law  of  cost,  must  be  baaed, 
clearly  and  distinctly,  upon  the  actual  rates  of  wages  during 
the  periods  imder  consideration,  periods  which  are  really 
long,  though  they  may  seem  relatively  short.  The  impor- 
tant point  is  that  wages  during  these  periods  still  come  under 
the  influence  of  that  determinant,  to  which  Professor  Mar- 
shall refers  as  the  *'  demand  price  for  labor.*' 

This  point  is  just  as  important  as  it  is  simple.  In  order 
to  convince  ourselves  of  its  truth,  we  need  only  keep  clearly 
in  mind  what  it  is,  that  the  law  of  cost  really  accomplishes, 
in  relation  to  the  price  of  goods,  and  how  this  result  is 
brought  about.  The  typical  eflfect  of  the  law  of  cost  is  to 
change  the  chance  and  uncertain  fluctuations  which  the  price 
of  goods  undergoes,  into  a  regular  oscillating  motion  like 
that  of  a  pendulum.  In  this  motion  the  price  always  tends 
to  return  to  the  cost  as  to  an  ideal  resting-place.  Though 
the  price  seldom  remains  for  any  long  time  at  this  point,  yet 
in  a  general  way  this  might  be  called  the  normal  position 
about  which  the  price  oscillates. 

The  wonderfully  simple  mechanism  by  which  the  law  of 
cost  brings  about  this  result  is  as  familiar  as  the  law  itself. 
It  rests  upon  the  very  simple  motive  of  self-interest.  If  in  any 
branch  of  production  the  price  sinks  below  the  cost,  or  in 
other  words,  if  the  market  price  of  the  product  is  lower  than 
the  value  of  the  means  of  production,  men  will  withdraw 
from  that  branch  and  engage  in  some  better  paying  branch 
of  production.  Conversely,  if  in  one  branch  of  production, 
the  market  price  of  the  finished  good  is  considerably  higher 
than  the  value  of  the  sacrificed  or  expended  means  of  pro- 
duction, then  will  men  be  drawn  from  less  profitable  indus- 
tries.    They  will  press  into  the  better  paying  branch  of 

[185] 


38  Annals  of  thk  American  Academy. 

production,  until  through  the  increased  supply,  the  price  is 
again  forced  down  to  cost. 

The  law  of  cost  operates,  therefore,  by  changing  the  occu- 
pation of  the  productive  power.*  So  long  as  the  price  tends 
to  cause  a  change  in  the  occupation  of  the  productive  power, 
it  is  itself  not  in  a  state  of  equilibrium.  On  the  other  hand, 
a  condition  of  at  least  relatively  stable  equilibrium  will  be 
attained  when  in  the  different  branches  of  production  the 
price  has  so  adjusted  itself  that  the  productive  power  does 
not  tend  to  change  its  occupation.  This  would  be  the  case, 
when,  in  all  kinds  of  employment,  equal  labor  received  equal 
pay  and  unequal  labor  received  proportionately  unequal  pay. 
Then  the  differences  in  pay  could  be  regarded  as  a  just 
equivalent  for  the  special  laboriousness  or  disagreeableness, 
or  for  the  special  skill  or  fidelity,  etc.,  incident  to  certain 
occupations.  Equal  capital  would  everywhere  receive  the- 
same  rate  of  interest.  Any  excess  above  this  could  be  re- 
garded as  a  just  equivalent  for  the  greater  risk,  etc.,  incurred 
in  that  particular  investment.  We  may,  for  example,  assume  ■■ 
that  this  point  of  equilibrium  is  reached,  when  in  all  branches  j 
of  production  the  wages  of  an  unskilled  laborer  are  eighty] 
cents,  and  the  rate  of  interest  on  capital  is  five  per  cent. 

Under  this  supposition  the  normal  price,  toward  which] 
according  to  the  law  of  cost  the  market  price  gravitates, 
should  be  such  as  would  correspond  with  an  average  wagej 
of  eighty  cents,  and  a  rate  of  interest  of  five  per  cent.  Thej 
price  of  a  commodity  that  costs  three  days  of  common  labor) 
would,  according  to  the  law  of  cost,  gravitate  toward  twoj 
dollars  and  forty  cents  (interest  being  ignored).  This  would] 
be  true,  whether  or  not  this  equalized  rate  of  pay  of  eighty" 
cents  corresponded  to  the  minimum  of  existence.    It  may  bej 

•The  change  of  occupation  is  not  always  brought  about  by  individuals  aban- 
doning the  occupations  in  which  they  are  engaged.  When  in  any  branch  of 
employment  the  decrease  from  death,  etc.,  is  not  oflFset  by  the  number  entering  the 
■ame,  we  have  a  change  of  occupation.  Those  who  make  up  the  difference  have 
gone  into  other  lines.  Though  operating  more  slowly,  the  effect  of  this  is  the 
as  if  individuals  made  a  direct  change. 

[1 86] 


The  Ultimate  Standard  op  Vai.uk. 


39 


that  when  the  minimum  of  existence  is  only  forty  cents,  the 
rate  of  wages  will  not  remain  at  eighty  cents.  A  generation; 
later  it  may  sink  to  sixty  cents,  or  even  to  fifty  cents.  While 
this  would  show  that  there  is  no  fixed  and  absolute  normal 
price,*  it  does  not  alter  the  fact  that  at  the  present  time  the 
price  of  the  commodity,  according  to  the  law  of  cost,  gravi- 
tates toward  that  price,  which  would  give  the  laborer  a  wage 
of  eighty  cents.  When  we  examine  this  gravitating  motion 
more  closely,  it  is  manifest  that  we  cannot  say  that  * '  the 
price  gravitates  toward  the  rate  of  eighty  cents,"  because  the 
laborer's  cost  of  maintenance  is  forty  cents.  Instead  wc 
must  say,  that  the  price  gravitates  toward  the  rate  of  eighty 
cents,  because  the  rate  of  wages  which  obtains  throughout 
the  whole  field  of  employment  is  eighty  cents.  In  other 
words,  in  explaining  the  oscillating  motion  of  prices,  accord- 
ing to  the  law  of  cost,  we  cannot  avoid  assuming  as  a  basis, 
a  certain  average  or  normal  rate  of  wages  as  the  prevailing 
rate  for  the  period  under  consideration. 

We  will  now  repeat  the  question  which  was  asked  in  the 
beginning  of  this  chapter,  a  question  which  must  be  asked 

*  Professor  Marshall  has  very  correctly  remarked  that  the  use  of  the  term  normal 
is  more  or  less  arbitrary.  A  price  which  we  would  call  normal,  when  we  hare  ia 
mind  a  period  of  a  certain  length,  we  would  not  call  normal  when  considering  a 
longer  period  ("Principles,"  Bk.  vii.,  Ch.  vi.,  2  4).  Otherwise  I  would  certainly 
insist  that  the  real  law  of  cost  has  to  do  with  no  longer  period  than  is  sofKdeot  lo 
allow  the  adjustment  of  the  price  of  the  ware  to  the  equalized  position  of  wagca 
(and  interest);  the  wider  adjustment  of  the  wages  of  labor  to  the  cost  of  auda> 
taining  the  laborer,  which  under  certain  circumstances  might  require  a  stiU  loagcr 
period  of  time,  is  an  entirely  different  problem.  So  far  as  this  can  be  fnrtlicr 
maintained  as  a  general  law,  it  is  in  no  sense  an  effect  of  the  real  law  of  coat,  but 
should  be  regarded  as  the  effect  of  another  law— a  law  which  has  no  actual  connect 
lion  with  the  real  law  of  cost.  It  depends  upon  the  action  of  quite  different  forces 
and  in  its  results  has  but  an  external  or  non-essential  similarity,  which  has  led  to 
the  unqualified  evil  of  confounding  these  two  laws.  The  impelling  raotiire  of 
that  law  of  cost,  which  really  influences  the  price  of  wares,  is  usually  a  shrewd 
estimating  of  economic  conditions,  the  striving  for  the  greatest  posaibte  utility 
and  the  avoidance  of  harm.  The  motive  of  a  pretended  iron  law  of  wages  is  00 
the  one  side  the  irresistibleness  of  sexual  desire,  and  on  the  other  the  great 
mortality  which  results  from  insufficient  food.  But  the  effecU  of  such  natural 
forces  can  no  more  be  credited  to  the  vulgar  economical  law  of  cost  than  tiM 
aggregation  of  a  great  number  of  men  in  large  cities  can  be  credited  to  the  law 
of  gravitation,  which  of  course,  because  of  a  similar  play  upon  external  1 
has  already  been  maintained  by  Carey. 

[187] 


40  Annals  of  the  American  Academy. 

if  our  explanation  is  to  maintain  a  logical  and  coherent 
form  :  Upon  what  does  this  average  or  normal  rate  of  wages, 
prevailing  at  any  given  time,  depend  ? 

We  have  already  answered  this  question,  or  rather  Professor 
Marshall  has  answered  it,  in  the  first  of  his  explanations  of 
the  rate  wages  already  quoted.  In  this  he  has  declared,  and 
we  must  perforce  agree  with  him,  that  the  priceof  a  day's 
labor  depends  upon  the  value  of  the^iurej^oduct^oT 
laSorl  1C5r~m6ii  correctly,  upon  the  value  of  the  product  of 
^e  last  employed  laborer,  in  Professor  Marshall's  example 
the  '* marginal  shepherds."* 
\y  This  answer  brings  the  whole  doctrine  of  the  law  of  cost 
to  its  final  test.  Upon  the  one  side,  this  analysis  of  cost 
practically  abandons  the  attempt  to  show  that  disutility  is 
the  essential  element  of  cost.  On  the  other  side,  the  express- 
ion **  value  of  the  products  of  labor,"  makes  manifest  that 
we  have  not  yet  obtained  the  ultimate  element,  and  that  the 
analysis  must  be  continued  still  further.  Finally,  the  explana- 
tion seems  even  more  than  before  to  continue  in  a  circle.  In 
the  name  of  the  law  of  cost  we  explain  the  value  of  the  product 
by  the  value  of  the  labor  expended  in  its  production,  and  then 
explain  the  value  of  this  labor  by  the  value  of  the  product. 

There  is  manifestly  a  great  discrepancy  somewhere  in  this 
explanation.  A  discrepancy  which  the  Austrian  economists 
endeavor  to  avoid  by  a  special  interpretation  of  the  law  of 
cost.t  Their  efforts,  of  course,  will  not  receive  much 
encouragement  from  those  waiters  who  do  not  recognize  the 
existence   of  this   discrepancy.       This   includes   the   great 

•  I  would  not  fail  to  meDtion  tl\at  the  position  of  wages  which  corresponds  to  or 
equals  the  "  net  product  of  the  last  employed  laborer  "  is,  according  to  Professor 
Marshall's  views,  in  no  sense  a  temporary  market  price,  but  a  sort  of  "long  period 
price,"  which  requires  for  its  development  a  more  or  less  prolonged  leveling  pro- 
cess. It  is  a  sort  of  centre  of  gravity  for  the  oscillations  of  the  supply  and  demand 
of  labor. 

tin  this  attempt  Wieser  has  taken  a  prominent  part.  Compar  e  his ''Ursprung 
UHdHauptgesetze  des  IVirtscha/tlichen  PVeries,"  1884,  page  139;  and  "  Der  natur- 
liche  IVert,"  1889,  page  164.  Compare  also  the  excellent  r4sum6  by  Smart,  in  the 
editor's  preface  to  the  English  edition  of  the  last  named  work.  I^ondon,  1893,  p. 
six. 

[188] 


The  Ultimate  Standard  op  Valub.  41 

majority  of  those  who  hold,  wittingly  or  unwittingly,  that  the 
explanation  of  the  value  of  goods  in  accordance  with  the  law 
of  cost  is  firmly  anchored  upon  the  elementary  factor,  "  dis- 
utility." That  this  is  not  the  case,  I  have  endeavored  to 
show;  and  I  will  now  attempt  to  bridge  the  gap  in  the 
explanation  of  value,  which  my  investigation  has  revealed. 
On  the  one  hand  it  is  held,  that  in  numerous  cases  the  price 
of  the  product,  according  to  the  law  of  cost,  oscillates  about 
some  normal  rate  of  wages,  which  rate  does  not  correspond 
either  to  the  "  disutility  "  of  labor  or  the  cost  of  maintain- 
ing the  laborer.  On  the  other  hand.  Professor  Marshall,  in 
common  with  many  other  English  and  American  economists, 
admits  that  the  normal  rate  of  wages  is  adjusted  according 
to  the  value  of  the  product  of  the  last  employed  laborer. 

VI. 

WHAT  THE  LAW  OF  COST  REALLY  MEANS.     FINAL  RESULT. 

The  existing  productive  powers,  inclusive  of  the  most 
original  and  important  of  all — labor — seek  employment  in 
the  various  opportunities  for  production  that  present  them- 
selves. Naturally,  of  course,  they  first  engage  in  those 
branches  of  production  that  are  most  profitable.  But  as  these 
are  not  sufificient  to  give  employment  to  the  whole  productive 
power,  some  of  this  power  must  engage  in  successively  less 
productive  occupations,  until  finally  all  of  it  is  employed. 
This  gradual  extension  to  less  profitable  occupations  may  be 
seen  in  the  production  at  one  and  the  same  time,  of  more 
valuable  goods,  and  of  others,  which  from  the  very  beg^- 
ning  were  less  valuable,  because  the  demand  for  them  was 
less  urgent.  But  the  important  case  of  this  gradual  exten- 
sion to  less  profitable  employments  is  found  elsewhere. 
In  any  branch  of  production  which  hitherto  has  been  very 
profitable,  the  amount  produced  tends  to  increase.  Hence, 
according  to  well  known  principles,  we  are  compelled  to 
market  the  increased  product  at  a  diminished  price. 

[189] 


42  Annai^  of  the  American  Academy. 

The  demand  arranges  itself  in  strata  tliat  vary  with  the 
desire  and  purchasing  power  of  the  consumers.  Let  us 
assume  that  of  a  certain  kind  of  commodity,  thirty  thousand 
pieces  are  produced  by  one  htmdred  laborers  with  an  outlay 
in  labor  of  one  day  out  of  the  three  hundred  working  days 
in  the  year.  Let  us  further  assume  that  these  are  marketed 
at  the  price  of  eighty  cents  each.  There  will  then  be  among 
the  purchasers  possibly  one  thousand  to  whom  eight  dol- 
lars per  piece  would  not  have  been  too  dear,  either  because 
it  satisfied  some  pressing  want,  or  because  their  great  wealth 
makes  the  value  of  the  monetary  unit  exceptionally  low  in 
their  estimation.  Then  come  perhaps,  five  thousand  more 
purchasers  who,  in  case  it  is  necessary,  are  prepared  to  pay 
two  dollars.  Another  six  thousand,  who,  in  an  extreme 
case,  would  pay  one  dollar  and  sixty  cents.  Another  six 
thousand  who  would  pay  only  one  dollar  and  twenty  cents. 
Again,  another  six  thousand  who,  at  most,  will  pay  only 
one  dollar,  and  finally,  the  last  six  thousand  who  are  pre- 
pared to  pay  only  eighty  cents.  Below  these  comes,  perhaps, 
another  group  of  six  thousand  who  would  be  willing  to  pay 
sixty  cents,  but  for  whom  the  prevailing  market  price  of 
eighty  cents  is  too  high,  and  who,  therefore,  must  decline  to 
purchase. 

Assuming  the  conditions  of  this  example,  a  product  of 
thirty  thousand  pieces  corresponds  to  a  market  price  of 
eighty  cents.  But  manifestly,  if  the  productive  power  were 
less;  if,  for  instance,  the  number  of  laborers  was  only  eighty 
and  the  amount  produced  only  twenty-four  thousand  pieces, 
the  market  price  at  which  the  whole  product  would  be  sold 
might  be  one  dollar.  It  is  equally  clear  that  with  one  hun- 
dred and  twenty  laborers  and  a  product  of  thirty-six  thou- 
sand pieces,  the  market  price  might  not  exceed  sixty  cents. 
In  other  words,  the  value  of  the  product  of  one  laborer  when 
eighty  laborers  are  employed,  would  be  one  dollar;  when  one 
hundred  are  employed,  eighty  cents,  and  when  one  hundred 
and  twenty  are  employed,  sixty  cents.     In  the  same  way, 

[190] 


The  Ultmatb  Standard  op  Value.  43 

the  market  for  the  product  of  every  additional  laborer  above 
one  hundred  and  twenty  must  be  found  at  a  still  lower  point 
in  the  demand  scale.  Or  at  any  given  time  there  is  a  group  of 
the  least  capable  or  willing  buyers  that  corresponds  to  the 
last  employed  group  of  laborers.  The  valuation  of  this 
group  of  buyers  determines,  in  the  first  instance,  the  value 
of  the  product  of  the  last  group  of  workers;  and  through 
this,  since  at  the  same  time  and  in  the  same  market,  there 
can  be  but  one  price  for  the  same  product,  the  value  of  the 
product  of  every  laborer  in  this  branch  of  production.* 

It  even  goes  further  than  this,  and  determines  the  wages 
of  the  laborer.  On  the  one  side,  no  entrepreneur  will,  for 
any  long  period,  pay  his  laborers  more  than  he  can  obtain 
for  the  product  of  their  labor.  The  value  of  the  product 
will,  therefore,  be  the  upper  limit  of  the  rate  of  wages. 
Again,  under  conditions  of  free  competition,  he  will  not  for 
any  long  time  pay  them  less,  for  so  long  as  the  market 
price   is  in   excess  of  the  cost  of  production,!   the  entre- 

*  PTofessor  Manhall,  in  hia  example  of  the  marKinal  ahepberd,  haa  made  a  rery 
useful  application  of  this  concept  of  the  last  employed  labor,  though  in  a  iome> 
what  different  direction.  The  increase  of  product  which  results,  when,  withoot 
Increasing  the  capital,  we  employ  an  additional  laborer,  he  conceives  to  be  the 
answer  to  the  question.  How  much  of  the  total  product  may  be  regarded  as  Uw 
product  of  labor,  as  opposed  to  product  of  capital  ?  Professor  Marshal!  also  atkmt 
the  last  employed  laborer  to  play  a  part  in  the  question  of  the  relation  betwwa  tiM 
laborer  and  the  capitalist,  or  in  the  question  of  the  diTision  of  the  prioe  of  tlHelr 
products ;  I,  on  the  other  hand,  do  not  allow  the  last  emplojred  laborer  to  ptej 
any  part  in  the  question  of  the  relation  between  laborer  and  coasnmer,  or  in  the 
^  qnestion  of  the  determination  of  the  height  of  the  price  of  the  product.  Ncvrrw 
ttaeleaa,  I  believe  there  is  no  material  difference  in  our  positions.  The  truth  la, 
tiiatthe  "  last  employed  laborer"  in  both  cases  plajrs  the  r61e  ascribed  to  him. 
But  since  I  have  expressly  excluded  all  factors  of  productloa  except  labor  (MC 
above  page),  there  was  no  occasion  for  me  to  speak  further  of  the  dlviakw  of  the 
product  between  the  laborer  and  the  capiUlist.  In  my  bookoa  "CapiUl."  I 
have  given  special  attention  to  this  question.  In  our  present  discussion,  we  would 
not  insist  upon  every  point  involved  in  that  at>straction.    (See  page  ti .) 

1 1  beg  the  reader  not  to  forget  that  in  this  investigation  we  ignore  all  fiictoraoC 
production  except  labor,  especially  the  so<alled  abstinence.  If  we  did  aoC  do  so, 
we  would  somewhat  complicate  our  example.  Besides  the  cost  of  Ubor.  we  woold 
have  to  take  account  of  the  cost  of  abstinence,  must  then  subtract  thia  latter  ftoas 
the  market  price.  Then  all  conclusions,  which  we  have  here  developed  far  the 
relation  between  the  toUl  market  price  of  the  product  to  the  wagca  of  labor, 
would  have  to  be  developed,  for  the  relation  of  the  market  price  of  the  product, 
diminished  by  the  other  coots  of  production,  to  the  wagca  of  labor. 

[«90 


44  AnnaIvS  of  the  American  Academy. 

preneur  obtains  a  profit;  but  he  or  his  competitors  will 
tempted  by  this  to  increase  their  production,  and   so 
employ  more  laborers,  until  the  diflference  between  the  valua- 
tion of  the  last  buyer  and  the  wages  of  the  last  laborer  dis- 
appears. 

The  same  forces,  which,  in  every  branch  of  production,  tend 
to  fill  the  gap  between  the  value  of  the  product  of  the  last 
employed  laborer,  and  the  rate  of  pay  in  this  branch  of  pro- 
duction, tend  also  to  fill  another  gap.  Under  conditions  ofj 
perfectly  free  competition,  there  cannot,  in  the  long  run, 
any  serious  difference  in  prices  or  wages  in  those  branches  o: 
production,  that  are  in  free  communication  with  one  another. 
In  the  long  run,  the  product  of  a  day's  labor  and  the  labo: 
itself  cannot  have  a  value  of  one  dollar  and  twenty  cents 
the  woolen  industry,  for  instance,  and  only  forty  cents  in  the 
cotton  industry.  This  would  immediately  give  rise  to  a 
tendency  in  the  productive  forces  to  change  their  occupation, 
a  tendency  which  would  continue  to  operate  until  both  of 
these  branches  of  production,  together  with  all  others  in  com- 
munication with  them,  had  been  brought  into  a  condition  of 
equilibrium. 

But  where  will  this  point  of  equilibrium  be  ?    This  mui 
be  decided  within  that  general  field  of  employment  whi 
includes  all  the  freely  communicating  branches  of  produ< 
tion;  and  it  must  be  decided  upon  the  same  grounds  o 
reasons  which  we  have  found  to  be  effective  for  a  single 
branch  of  production.     There  is  a  total  or  aggregate  demand 
for  all  the  products  of  labor.     This  is  as  limitless  as  our 
desire  for  well  being,  for  enjoyment  or  for  the  possession  of 
goods,  and  is  graduated  according  to  the  intensity  of  this 
desire.     If  our  desire  for  any  product  is  very  intense,  and 
our  means  of  payment  abundant,    then  to  us  the  marginal 
utility  of  the  product  will  be   high,   while  the  marginal 
utility  of  money  will  be  low.     In  other  words,  we  will  be 
willing  to  pay  a  higher  price  for  this  product  than  we  would 
if  our  desire  for  it  or  our  ability  to  pay  for  it  were  less. 

[192] 


n 


The  Ultimate  Standard  op  Value.  45 

Hence,  in  the  general,  as  in  any  special  field  of  production, 
there  may  be  several  strata  of  demand.  There  may  be  one 
which  in  an  extreme  case  would  be  willing  to  pay  eight 
dollars  for  the  product  of  a  day's  labor.  Another  might  be 
willing  to  give  two  dollars,  while  others  would  find  their 
limit  at  one  dollar  and  sixty  cents,  one  dollar  and  twent>- 
cents,  at  one  dollar,  and  at  eighty  cents.  There  may  remain 
still  others  who  desire  to  purchase,  but  whose  wants  are  not 
suflSciently  pressing  or  whose  purchasing  power  is  so  limited 
that  they  either  will  not  or  cannot  pay  more  than  fifty,  forty 
or  twenty  cents,  and  even  less,  for  the  satisfaction  of  that 
want  to  which  the  product  of  a  day's  labor  would  be  devoted. 
To  meet  this  practically  unlimited  demand  we  have  a 
labor  power  which  in  comparison  with  this  demand  is 
always  limited.  It  is  never  sufficient  to  satisfy  all  our 
desire;  if  it  was  we  would  be  in  paradise;  we  must,  there- 
fore, always  choose  which  of  our  desires  we  will  gratify. 
Under  the  influence  of  self-interest  we  will  satisfy  them 
according  to  the  height  or  amount  of  the  fee  which  we  are 
willing  to  pay  for  their  satisfaction.  That  stratum  of  the 
demand  which  is  prepared  to  pay  eight  dollars  for  a  day's 
labor  will  not  suffer  any  inconvenience  for  lack  of  the 
desired  commodit>'.  So,  too,  that  stratum  of  the  demand 
which  is  willing  to  pay  two  dollars  will  not  suffer  any  incon- 
venience. Nor  will  those  suffer  that  are  prepared  to  pay  one 
dollar  and  sixty  cents,  one  dollar  and  twent>'  cents,  one  dollar, 
etc.  But  the  point  must  finally  be  reached  where  such  satis- 
faction cannot  be  obtained.  This  point  will,  of  course,  vary 
with  the  circumstances  or  conditions  of  particular  lands  or 
times.  Here  eighty  cents,  there  sixty  cents,  and  elsewhere 
forty  or  even  twenty  cents,  but  such  a  point  will  always  and 
everywhere  be  found.  Let  us  assume  a  concrete  case  in 
which  this  point  is  at  eighty  cents.  The  existing  productive 
power  is  here  fully  employed  in  the  satisfying  of  those  wants, 
for  whose  satisfaction  we  are  willing  and  able  to  pay  eighty 
cents  for  a  day  of  common  labor.     In  this  case  the  stratum 

t«93] 


46  Annai^  of  thk  American  Academy. 

of  the  demand  whose  valuation  is  eighty  cents  is  the  last 
stratum  for  the  satisfaction  of  whose  desires  the  last  laborer 
is  active.*  It  is  the  valuation  of  this  stratum  which  deter- 
mines both  the  value  of  the  product  and  the  wages  of  labor. 
All  those  desires  for  whose  satisfaction  we  are  either  unwill- 
ing or  unable  to  pay  at  least  eighty  cents  must  remain 
unsatisfied.  This  on  the  one  hand  will  affect  some  of  the 
unimportant  needs  or  desires  of  the  well-to-do  class,  on  the 
other,  alas,  it  will  affect  many  of  the  more  important  needs 
of  those  whose  means  are  limited,  whose  entire  purchasing 
power  has  been  exhausted  in  providing  for  still  more  press- 
ing wants. 

Let  us  now  assume  that,  under  otherwise  unchanged  condi- 
tions, there  is  an  increase  in  the  number  of  laborers  entering 
into  the  problem,  say  through  the  sudden  abolition  of  the 
standing  army,  or  through  a  great  influx  of  laborers  from 
other  lands.  The  additional  laborers  must  and  will  find 
employment  in  providing  for  a  still  lower  and  hitherto  un- 
satisfied stratum  of  the  demand,  that  stratum,  for  instance, 
whose  valuation  is  only  seventy  cents.  This  stratum  is  now 
the  lowest  for  which  the  last  laborer  is  active,  and  its  valua- 
tion determines  both  the  value  of  the  product  and  the 
wages  of  labor,  t 

*  The  fact  that  there  are  always  a  number  of  laborers  out  of  employment  tells 
in  no  way  against  my  contention;  it  is  a  result,  not  of  an  excess  of  labor  force, 
but  of  those  never-failing  disturbances  of  the  organization  of  the  entire,  yet 
insufficient,  supply  of  the  labor  forces. 

t  For  the  sake  of  the  critical  reader  I  would  here  remark  that  I  am  well  aware 
that  if  we  assume  an  increase  in  the  labor  forces  we  cannot  at  the  same  time 
assume  that  the  other  conditions  remain  entirely  unchanged.  The  increase  in 
product  which  results  from  an  increase  in  the  number  of  laborers  will  also  bring 
with  it  an  increase  in  the  purchasing  power  or  in  the  demand.  But  if,  as  in  the 
text,  we  assume  that  with  an  unchanged  condition  of  capital  and  land,  the  labor 
alone  is  increased,  the  increase  in  the  demand  for  labor  and  the  products  of 
labor  would  not  be  strong  enough  to  completely  compensate  the  increase  in  the 
supply  of  labor,  for  the  increase  in  product  thus  obtained  cannot  be  wholly  applied 
to  the  indemnification  of  labor,  some  fractional  part  of  it  must  be  given  as  tribute 
to  the  other  co-operating  factors  in  production.  Capital  and  I^and,  for  these  factors 
have,  under  our  supposition,  become  relatively  scarcer  than  the  factor,  Labor,  and  so 
are  in  a  position  to  insist  on  the  payment  of  this  tribute.  It  results  from  this,  that 
this  increased  product  of  labor  can  no  longer  be  taken  up  by  that  stratum  of  demand, 

[194] 


The  Ultimate  Standard  op  Value.  47 

What,  under  these  conditions  (the  statement  of  which  I 
hope  will  meet  the  approval  of  my  honored  English  and 
American  colleagues),  is  the  r61e  played  by  the  law  of  costs? 
An  exceedingly  simple  one.  It  guarantees  that  the  existing 
productive  power  shall  be  directed  to  the  satisfaction  of  the 
existing  needs,  according  to  the  height  of  the  fee  which 
they  are  able  and  willing  to  pay.  It  brings  about  for  the 
productive  power  in  an  indirect  way,  just  what  occurs  in 
the  case  of  the  finished  product  in  a  direct  way,  upon  every 
open  market  the  supply  of  the  finished  product  goes  Bshita 
it  will  reach  to  the  best  paying  of  those  who  desire  to  pur- 
chase. The  market  price  of  the  same  ware,  on  the  same 
market,  at  the  same  time,  is  uniform.  This  fixes,  very 
clearly  and  definitely,  the  boundary  between  those  who  are 
willing  and  able  to  purchase  at  that  price,  and  those  who 
are  willing  to  do  so  but  not  able.  If,  for  instance,  the 
market  price  is  eighty  cents,  then  all  those  to  whom  the 
money  marginal  utility  ( Geldgrenznuizen)  of  the  com- 
modity is  eighty  cents,  or  more,  will  provide  themselves 
with  the  commodity,  all  those  to  whom  the  money  marginal 
utility  of  the  commodity  is  less  than  eighty  cents  must  deny 
themselves  this  commodity.  No  one  will  intentionally  re- 
duce the  price  of  his  commodity,  to  those  who  are  willing 
and  able  to  pay  one  dollar  and  twenty  cents,  in  order  to 
favor  those  who  will  or  can  pay  only  forty  cents. 

This  same  ftmction  is  performed  for  the  productive  power 
by  the  law  of  cost.  The  latter  does  not  meet  the  consumers 
and  their  needs  directly  ;  it  does  not  come  in  contact  with 
them  upon  a  common  market ;  but  it  reaches  the  public 
through  the  money  price  which  the  public  puts  upon  the 

which  can  p«y  eighty  cents,  but  must  find  iU  market  in  •  deeper,  tboagb  it  may 
be  only  a  little  deeper,  stratum  of  the  detnand.  I  would  alao  reaark,  that  the 
question  touched  upon  in  this  note  is  a  most  difflcult  and  complicated  ooc.— It 
conUins,  perhaps,  the  most  difficult  part  of  the  difficult  theory  of  wafes.— and  that 
I  do  not  for  a  moment  think  that  I  hare  exhausted  the  subfect  with  these  rather 
brief,  and  I  fear  somewhat  obscure  remarks.  I  would  only  call  attention  to  tb* 
(act  that  I  have  not  lost  sight  of  a  difficulty,  the  complete  espoilUM  of  wbkk 
would  lead  us  too  far  afield. 

[195] 


48  Annai^  of  the  American  Academy. 

finished  product.  This  competition  (IVerden)  is  extended 
over  as  many  parts  of  the  general  market  as  there  are  dif- 
ferent kinds  of  products.  But  this  competition,  though 
widely  diffused  and  indirect,  eventually  results  in  the  estab- 
lishing of  a  certain  market  price  for  the  productive  power. 
This  market  price  of  the  productive  power  appears  in  each 
single  branch  of  production  as  the  cost  of  the  same.  It 
operates  like  a  speaking  trumpet  through  which  the  supply 
price  in  other  and  distant  parts  of  the  general  market  is 
made  audible  in  the  part  where  we  are  situated.  Those 
interested  in  one  part  are  notified  of  the  conditions  which 
obtain  in  the  general  market  and  are  thus  enabled  to  govern 
their  actions  according  to  these  more  general  conditions. 

Let  us  now  return  to  our  example.  We  will  assume  that, 
in  the  general  field  of  production  or  employment,  the  market 
price  of  the  product  of  a  day  of  common  labor,  and  thus  the 
wages  for  a  day  of  such  labor  is  eighty  cents.  We  will  also 
assume  that  in  some  special  departments,  as  cotton  manu- 
facturing, because  of  some  unfavorable  combination,  the 
value  of  the  product  of  a  day's  labor  has  fallen  to  sixty  cents, 
while  at  the  same  time,  the  wages  of  labor  being  eighty 
cents,  the  cost  of  production  is  eighty  cents.  What  is  the 
meaning  and  effect  of  this  rate  of  cost  of  eighty  cents  ?  It 
does  not  mean  that  the  laborer  cannot  live  on  less  than 
eighty  cents;  or  that  the  labor  involves  a  degree  of  disutility 
which  he  will  not  endure  for  less  than  eighty  cents.  It 
means,  and  that  quite  clearly,  that  there  are  enough  people 
in  the  world  who  will  give  eighty  cents  for  a  day's  labor,  or 
for  the  product  of  the  same,  to  keep  all  the  productive  power 
active,  and  therefore  that  it  would  be  foolish  to  ignore  this 
offer,  and  employ  the  productive  power  in  the  sendee  of 
people  who  are  able  and  willing  to  pay  only  sixty  cents  for  a 
day's  work. 

Let  us  now  assume,  that  in  the  woolen  industry  the  pro- 
duct of  a  day's  labor,  through  some  favorable  combination,  is 
worth  one  dollar  and  twenty  cents,  while  the  cost  is  only 

[196] 


The  Ultimatk  Standard  of  Valus.  49 

eighty  cents.  This  is  clearly  nothing  else  than  advice  to 
those  interested,  that  in  the  general  field  of  employment  a 
day's  labor  cannot  obtain  more  than  eighty  cents,  and  there- 
fore that  it  is  wise  to  listen  to  the  fiavorable  offer  that  we 
have  been  ignoring,  namely,  the  offer  of  those  people  who 
are  willing  and  able  to  pay  for  the  product  of  a  day's  labor 
in  the  woolen  industry,  not  indeed  all  of  one  dollar  and 
twenty  cents,  but  something  more  than  eighty  cents.  This 
advice  bears  fruit  through  the  action  of  the  watchful  self- 
interest  of  the  entrepreneurs.  In  obedience  to  the  law  of 
cost  it  levels  the  abnormal  prices  of  sixty  cents  and  one 
dollar  and  twenty  cents,  that  prevail  in  different  parts  of  the 
general  market,  to  the  normal  price  of  eighty  cents.  This 
means  nothing  more  than  the  bringing  about  of  that  dispott- 
tion  of  the  productive  power,  which  insures  that  the  best 
paying  wants  shall  always  be  satisfied  first.  At  the  outset, 
according  to  our  illustration,  those  needs  whose  money 
marginal  utility  was  eighty  cents  and  sixty  cents  were  satis- 
fied, while  those  whose  money  marginal  utility  was  between 
eighty  cents  and  one  dollar  and  twenty  cents  remained 
unsatisfied.  Eventually  a  readjustment  is  effected  so  that 
everywhere  and  in  all  branches  of  production,  the  produc- 
tive power  is  employed  in  the  service  of  the  best  paying 
wants.  This  takes  place  successively  from  the  highest  down 
to  those  whose  money  marginal  utility  is  eighty  cents.  We 
may  conclude  then,  that  in  this  and  in  all  similar  cases  the 
law  of  cost  has  no  other  function  than  to  bring  all  products 
of  equal  origin  into  line  with  each  other.  The  self-e\'ident 
proposition  that  the  same  product,  on  the  same  market,  at 
the  same  time,  must  have  the  same  value  or  price,  is 
extended  by  the  law  of  cost  a  step  further,  and  gives  us  the 
proposition  that  products  of  like  origin  must  have  the  same 
value  or  price.  But  how  high  this  value  or  price  will  be, 
neither  proposition  informs  us.  The  self-evident  propositioo, 
that  one  bushel  of  wheat  has  the  same  value  as  another 
similar  bushel  of  wheat — gives  me  no  starting  point  from 

[»97] 


50 


AnnaLvS  of  the  American  Academy. 


which  I  can  determine  the  value  of  both  bushels.  In  the 
same  way,  in  the  cases  described,  the  law  of  cost  gives  me 
no  starting  jxiint  from  w4iich  I  can  determine  the  absolute 
height  of  the  price  line;  to  which,  according  to  that  law,  the 
price  of  all  products  of  equal  origin  are  brought.  When  we 
take  a  certain  limited  view  of  the  question  we  do  seem  to  get 
an  answer.  As  when  we  confine  ourselves  to  a  single  branch 
of  production  and  think  of  the  amount  of  the  cost  as  some- 
thing that  we  determine  independently  of  our  problem.  But 
we  might  just  as  well  argue,  in  the  case  of  our  two  bushels 
of  wheat,  that  according  to  our  proposition,  one  of  these 
bushels  has  just  the  same  value  as  the  other.  We  also  know 
that  number  one  is  worth  one  dollar,  therefore,  according  to 
our  ])rojx)sition,  number  two  is  worth  one  dollar.  But  the 
value  of  number  one  is  just  as  much  a  subject  for  investiga- 
tion as  the  value  of  number  two,  and  hence,  our  answer 
does  not  give  us  the  value  of  either.  This  is  true  of  the 
height  of  the  cost  in  every  branch  of  production.  We 
must,  in  every  case,  go  back  of  the  apparent  answers  until 
we  find  the  real  answer.  In  the  case  of  the  two  bushels  of 
wheat  this  answer  lies  close  at  hand,  but  in  the  case  of  costs 
in  general,  we  must  surv^ey  the  whole  field  of  production  and 
finally  find  our  answer  in  the  following  elementary  proposition: 
There  is  a  certain  limited  quantity  of  productive  power 
"iihiih  at  any  s^iven  time^  under  the  conditions  set  by  the  tech- 
nical dcirlopment  of  that  time,  ca7i  bring  forth  otily  a  certain 
limited  quantity  of  products.  These  products  fhrough  the 
at  lion  of  certain  leveling  influences  in  the  different  branches 
of  production^  are  disposed  of  in  a  regular  order  of  succession, 
in  each  eas,\  to  the  best  paying  purchaser.  The  satisfaction 
r  I  tends  downward  in  the  scale  of  zvants  until  a  certain 
equalir.atio}i  to  the  (j?io)iey)  marginal  cost  of  prodiiction  is 
attained,  and  it  is  this  ivhich  decides  the  value  of  all  goods 
that  come  under  the  dominion  of  that  leveling  influence.  It 
determines  the  value  of  the  products  as  well  as  the  value  of  the 
productive  power ^  which  is  represented  by  the  cost. 

[198] 


Thk  Ultimate  Standard  of  Valuk.  51 

The  representatives  of  the  English  theory  have  chosen  the 
figure  of  the  two  blades  of  a  pair  of  shears,  in  order  to  show 
the  opposition  between  the  English  and  Austrian  concepdoo 
of  the  law  of  cost.  I  gladly  follow  them  in  the  use  of  this 
figure  but  with  the  conviction  that  the  interpretation  which 
my  English  colleagues  have  given  to  it,  must  be  supple- 
mented as  follows: 

In  the  case  of  freely  reproducible  goods,  it  is  undoubtedly 
true  that  the  price  is  fixed  at  that  point  where  the  money 
marginal  utility  of  the  commodity  to  those  desiring  to  pur- 
chase it  crosses  the  line  of  the  costs.  In  our  example,  the 
last  purchaser  of  wool  will  be  the  one  whose  valuation  will 
correspond  with  the  amount  of  the  cost,  or  with  eighty  cents. 
In  this  case  it  is  entirely  correct  to  say  that  utility  (relative 
marginal  utility  for  those  desiring  to  purchase)  and  cost 
operate  together  in  the  determination  of  price,  like  the  two 
blades  of  a  pair  of  shears. 

But  now  follows  the  unavoidable  question:  What  deter- 
mines the  amount  of  this  cost  ?  The  amount  of  the  cost  is 
identical  with  the  value  of  the  productive  power,  and,  as  a 
rule,  is  determined  by  the  money  marginal  utility  of  this  pro- 
ductive power.  This,  of  course,  has  reference  to  the  existing 
conditions  of  the  demand  for  and  supply  of  this  productive 
power  in  the  various  branches  of  production.  If  in  the 
above  formula  we  substitute  for  **  cost  '*  this  explanation  of 
cost,  we  would  have  the  following:  *'  The  price  of  a  defi- 
nite species  of  freely  reproducible  goods  fixes  itself  in  the 
long  nm  at  that  point  where  the  money  marginal  utility, 
for  those  who  desire  to  purchase  these  products,  intersects 
the  money  marginal  utilit>'  of  all  those  who  desire  to  pur- 
chase in  the  other  communicating  branches  of  production.** 

The  figure  of  the  two  blades  of  a  pair  of  shears  still  holds 
good.  One  of  the  two  blades,  whose  coming  together  de- 
termines the  height  of  the  price  of  any  species  of  product, 
is  in  truth  the  marginal  utility  of  this  portictilar  product. 
The  other,  which  we  are  wont  to  call  "  cost,'*  is  the  marginsl 

[199] 


52  Annals  of  the  American  Academy. 

utility  of  the  products  of  other  communicating  branches 
of  production.  Or,  according  to  Wieser,  the  marginal 
utility  of  '  *  production  related  goods  ' '  (  produdionsverwand- 
ten  Guter).  It  is,  therefore,  utility  and  not  disutility  which, 
as  well  on  the  side  of  supply  as  of  demand,  determines  the 
height  of  the  price.  This,  too,  even  where  the  so-called  law 
of  cost  plays  its  r61e  in  giving  value  to  goods.  Jevons, 
therefore,  did  not  exaggerate  the  importance  of  the  one  side, 
but  came  ver>  near  the  truth  when  he  said  *  *  value  depends 
entirely  upon  utility." 

Almost,  but  not  quite  entirely,  for  as  I  have  endeavored 
to  show,  and  as  Jevons  well  knew,  disutility  plays  a  certain 
part  in  the  determii  ation  of  value.  A  part,  however,  which, 
in  our  actual  economical  conditions,  is  quantitatively  unim- 
portant. It  occurs  in  full  force  only,  in  the  case  of  the  few 
and  unimportant  products  of  our  leisure  hours.  For  the 
great  mass  of  products  which  are  the  outcome  of  our  regular 
occupation,  this  disutility  either  does  not  appear,  or  is  only 
a  very  weak  and  remote  element  in  the  complex  standard 
that  determines  the  *'  height  of  the  cost."*  If  we  were  to 
put  this  roughly  into  figures,  we  might  say  that  the  ten 
parts  of  that  blade  which  represents  the  demand  consist 
entirely  of  utility^  while  of  the  blade  which  represents  the 
"cost,"  nine  parts  are  utility  and  only  one  part  disutility. 
On  the  whole  then  value  depends  nineteen-twentieths  on 
utility,  and  only  one- twentieth  on  disutility. 

We  must  now  consider  a  circumstance,  which  thus  far  in 
our  argument  we  have  intentionally  ignored.  Up  to  this 
point  we  have  confined  ourselves  to  those  conceptions  of  the 
law  of  cost  which  come  nearest  to  harmonizing  with  those  of 
our  opponents,  namely,  those  which  declare  that  there  is  a 
correspondence  between  the  price  and  the  historically  reck- 
oned cost,  2.  e. ,  the  cost  elements,  labor  and  abstinence.  It 
was  only  in  this  way  that  we  could  eliminate  all  those  inter- 
mediate members,  raw  material,  w^ear  and  tear  of  tools,  etc., 

•  See  above  page  24. 

[200] 


Thr  Ultimate  Standard  op  Valur.  53 

which  in  practice  appear  as  part  of  the  cost,  and  in  common 
with  most  of  our  opponents,  speak  of  labor  and  abstinence 
as  the  determining  factors  of  cost. 

We  must  not,  however,  forget  that  there  is  a  seoood  tense, 
in  which  the  law  of  cost  is  susceptible  of  empirical  demon- 
stration, namely,  the  sense  in  which  the  law  of  cost  asserts 
a  correspondence  between  the  price  and  the  synchronously 
reckoned  money  cost  of  the  entrepreneur.*  When  we  care- 
fully consider  the  historical  and  synchronous  method  of  reck- 
oning cost  in  their  relations  to  each  other,  it  is  manifest,  that 
while  there  is  some  connection  between  them,  yet  they  are 
not  entirely  the  same,  either  in  tlieir  content  or  in  the  extent 
of  their  sway.  The  correspondence  of  the  price  with  the 
historically  reckoned  cost  involves  the  satisfying  of  much 
more  severe  and  unusual  conditions.  The  leveling  feature, 
upon  which  both  rules  rest,  must  here  operate  unhindered 
through  the  whole  of  the  complex  system  of  production, 
down  to  the  last  elementary  root.  On  the  other  hand,  the 
g^vitation  of  the  price,  toward  the  synchronously  reckoned 
money  cost  of  any  particular  stage  of  production,  merely 
assumes  that  the  leveling  influence  has  free  sway  in  this  part  of 
the  productive  process.  The  gravitation  toward  the  synchro- 
nously reckoned  cost  is  to  a  certain  degree  more  readily 
satisfied.  For  this  reason  it  is  more  frequently  operative,  and 
hence  there  is  a  wide  district,  subject  to  its  sway,  which  is 
not  subject  to  the  sway  of  the  historically  reckoned  cost. 

There  are  numerous  instances  in  which  the  synchrcmoiisly 
reckoned  cost  of  a  single  stage  of  production  is  effective  in 
determining  the  price  of  the  product,  although  there  may  be 
no  correspondence  between  the  price  and  the  historically 
reckoned  cost.  This  may  be  due  to  the  fact  that  the  level- 
ing influence  may  be  temporarily  inoperative  through  all 
stages  of  production,  or  though  free  for  part  of  the  dis- 
tance, it  may  at  some  point  be  permanently  hindered  by  some 
kind  of  a  monopoly. 

*  See  above  page  15. 


54  Annaxs  of  the;  American  Academy. 

lyCt  us  illustrate  this  by  an  example.     The  production  of 
one  hundred  weight  of  copper  costs  at  a  given  time  ten  days 
of  historically  reckoned  labor  at  eighty  cents  a  day  or  eight 
dollars.     This,  of  course,  enters  into  the  cost  of  all  copper 
goods,  and  therefore  into  the  price  of  copper  wire,  copper 
kettles,  copper  pans,  etc.     Now,  because  of  a  strong  demand 
for  electric  wire  the  hundred  weight  of  copper  advances  in 
price  from  eight  to  twelve  dollars,  nothing  is  more  certain 
than  that  the  coppersmith,  the  money  cost  of  his  materialj 
having  risen,  will  advance  the  price  of  copper  wire,  etc.     A] 
copper  kettle  which  weighs  one  hundred  pounds  and  th< 
production  of  which  involved  an  expense  of  six  dollars,  had 
in  the  past  a  total  cost  of  fourteen  dollars;  it  now  has  an, 
additional  cost  of  four  dollars  and  so  must  bring  at  least) 
eighteen  dollars,  and  this  quite  independently  of  the  question  J 
whether  or  not  the  historically  reckoned  cost  of  production] 
has  changed;  whether  ten  or  any  other  number  of  days  of  | 
labor  have  been  expended  in  its  production;  or  whether  wej 
pay  eighty  cents  or  any  other  amount  for  a  day's  labor. 

The  fate  of  the  "  historically  "  reckoned  cost  will  likewise! 
depend  upon  a  variety  of  considerations;  difficulty  may  bej 
encountered  in  producing  the  additional  amount  of  copper] 
which  is  necessary  to  supply  the  increased  demand.  It  may] 
be  necessary  to  employ  more  miners,  in  which  case  it  isj 
quite  probable  that  the  wages  of  the  miners  will  advance.^ 
Or,  perhaps,  though  we  can  obtain  a  sufficient  force  of  [ 
miners  at  eighty  cents,  it  may  be  necessary  to  work  poorer] 
veins,  in  which  a  hundred  weight  of  copper  will  cost  not  ten] 
but  twelve  days'  labor.  In  both  cases  the  advance  which) 
first  appeared  in  the  money  cost  of  a  later  stage  of  produc- 
tion, will  be  gradually  transmitted,  in  a  greater  or  less  degree, ; 
to  the  elementary  labor  cost  of  the  earlier  stages  of  produc- 
tion. Finally,  it  is  possible  that  we  may  be  able  to  supply] 
this  increased  demand  for  copper  without  any  additional  cost, , 
or  at  the  old  rate  of  ten  days  of  eighty  cent  labor  to  every? 
hundred  pounds  of  copper.      In  this  case  the  increased] 

[202] 


The  Ultimate  Standard  of  Valub.  55 

demand  for  copper  will  eventually  be  satis6ed  at  this  rate  of 
cx)st.  The  price  of  the  copper,  as  well  as  that  of  the  copper 
goods,  will  then  have  a  corresponding  return  motion  until  it 
reaches  the  original  price  of  eight  dollars. 

But  in  either  event,  it  still  remains  true  that  the  price  of 
copper  goods  may  be  determined,  at  least  temporarily,  by 
other  conditions  than  their  historically  reckoned  cost  In 
practice  numberless  instances  of  this  kind  ariae.  Evea 
though  in  the  long  nm  the  elementary  ''historical'*  ooit 
plays  an  important  part,  yet  time  is  necessary  for  its  influence 
to  be  felt  through  the  whole  of  our  complicated  system  of 
production.  During  this  time  the  stages  not  yet  effected  by 
this  leveling  influence  will  follow  the  lead  of  their  ^>ecial 
"  synchronous  *  *  cost. 

Let  us  now  take  a  few  examples,  in  which  this  leveling 
influence  is  free  to  operate  over  a  limited  area  of  the  proceflS 
of  production,  and  then  at  a  certain  point  becomes  perma- 
nently inoperative. 

Take  a  chemical  product,  which  we  will  assume  to  be  sold 
at  any  given  time,  at  its  actual  cost  of  production,  say  eight 
dollars.  Let  us  further  assume  that  some  discovery'  is  made 
by  which  the  cost  of  this  material  is  reduced  to  four  dollars, 
and  that  the  discoverer  patents  the  process  and  allows  others 
to  use  it  for  a  fee  of  two  dollars.  The  price  of  this  product 
will  now  permanently  adjust  itself  to  a  money  cost  of  six 
dollars,  which  exceeds  the  elementary  cost  of  four  dollars  by 
the  amount  of  the  patent  fee  or  royalty'  of  two  dollars. 

Let  us  take  another  case,  and  assume  that  a  hundred- 
weight of  coffee,  when  admitted  into  a  country  free  of  duty, 
will  sell  at  a  price  which  is  just  sufficient  to  cover  its  cost  of 
production,  which  we  will  assume  to  be  sixty-five  dollars. 
Let  it  now  be  subjected  to  an  import  duty  of  fifteen  dollars. 
The  price  must,  of  course,  be  high  enough  to  cover  this 
additional  cost,  and,  therefore,  will  rise  to  eighty  dollars, 
an  amount  which  exceeds  the  elementary  cost  by  fifteen 
dollars. 

[203] 


56  Annai^  of  the  American  Academy. 

Here  we  have  two  typical  examples  of  price  variations, 
which  will  be  found  to  include  nearly  the  entire  field  of  price 
phenomena,  for  there  are  at  the  present  time  very  few  pro- 
ducts in  which  some  patented  machine  or  process,  or  some 
import  duty  on  raw  or  auxiliary  material  does  not  play  a 
part. 

It  is  now  time  to  ask:  What  has  our  theory  to  say  about 
the  determination  of  these  prices  of  copper  kettles,  chemical 
products,  coffee,  etc.? 

It  must  offer  some  explanation  of  these  facts,  since  they 
are  of  such  frequent  and  general  occurrence.  It  is  also 
manifest  that  it  cannot  explain  them  in  terms  of  the  elemen- 
tary cost  of  labor  and  abstinence,  nor  in  terms  of  the  value 
of  these  elementary  factors  of  cost,  nor  by  a  reference  to  the 
disutility  which  may  be  associated  with  the  same.  The 
price  of  the  copper  kettle  has  advanced  from  fourteen  dollars  to 
eighteen  dollars,  and  the  price  of  coffee  from  sixty -five  dollars 
to  eighty  dollars,  not  because,  but  in  spite  of  the  fact,  that 
the  elementary  costs  have  remained  unchanged  at  fourteen 
and  sixty-five  dollars.  Again,  in  the  case  of  our  chemical 
product,  if  the  price  depended  upon  the  elementary  cost,  it 
should  not  stop  at  six  dollars  but  should  sink  to  four  dollars. 
It  is  equally  clear  that  all  these  cases  of  price  variations  are 
subject  to  the  law  of  cost  and  are  actually  effects  of  this  law. 
It  would,  indeed,  be  a  very  serious  sin  of  omission,  on  the 
part  of  economic  science,  to  attempt  an  explanation  why 
the  present  prices  of  the  several  commodities  mentioned  in 
our  illustration  are  just  eighteen,  six  and  eighty  dollars, 
without  any  reference  to  the  characteristic  circumstance  that 
these  prices  represent  the  present  cost  to  the  entrepreneur, 
and  instead,  content  itself,  with  a  vague  reference  to  the 
relation  existing  between  the  supply  of,  and  demand  for  these 
commodities. 

The  same  considerations  which  in  the  past  have  forced  us  to 
supplement  the  general  law  of  supply  and  demand  through  the 
more  exact  law  of  cost,  makes  it  necessary  to  so  interpret 

[204] 


Thb  Ultimate  Standard  op  Value.  57 

the  law  of  cost  that  it  may  include  and  explain  the  above 
variations  in  prices. 

What  now  remains  to  be  done  ?  In  our  opinion,  just  that 
which  the  Austrian  economists  have  endeavored  to  do. 

The  conception  of  a  historically  reckoned  cost  must  be 
brought  face  to  face  with  the  conception  of  a  synchronously 
reckoned  cost,  and  due  importance  must  consciously  be  given 
to  each  of  the  two  conceptions.  These  two  conceptions  may, 
indeed,  be  put  side  by  side,  but  are  in  no  sense  interchange- 
able. For  the  solution  of  different  problems  in  our  science, 
both  conceptions  are  necessar>'.  It  is  even  necessary  to  dis- 
tinguish between  the  different  varieties  of  the  *'  historical  '* 
cost.  For  certain  explanatory  and  speculative  purposes,  it 
is  well  to  have  in  mind  the  disutility  of  labor.  In  other 
cases  (as  in  estimating  certain  technical  advances  in  produc- 
tion) ,  it  is  the  quantity  of  labor  that  we  must  consider.  In 
still  others,  it  is  the  value  of  the  labor  that  we  must  inquire 
about.  There  is  not,  as  Professor  Macvane  thinks,  only  one 
**  true  conception  "  of  cost.  Professor  Patten,  although  his 
limitations  are  not  entirely  satisfactory,  comes  much  nearer 
the  truth  when  he  says  that  the  competing  concepts  really 
belong  to  different  branches  of  the  theory,  the  one  to  the 
''theory  of  value"  and  the  other  to  the  "theory  of  pros- 
perity."* 

Again,  we  must  not  endeavor  to  find  in  the  law  of  cost 
either  more  or  less  than  the  Austrian  economists  have  found 
in  it,  namely,  a  universal  law  of  leveling.  And  this  is  an 
influence  which  operates  not  merely  upon  certain  final  ele- 
ments, but  also  at  every  stage  of  the  productive  process. 
There  is  a  leveling  or  equating  not  merely  of  the  final  ele- 
ments, labor  and  the  disutility  of  labor,  but  also  of  produc- 
tive goods  and  of  utility  with  utilit>'.  This  last  takes  place 
independent  of,  and  ofttimes  in  direct  opposition  to  the  influ- 
ence of  the  final  elements.  Why,  in  our  example  of  the 
copper  kettle,  does  the  price  rise  fix)m  fourteen  to  eighteen 

•  ♦•  Cost  and  Expense,"  page  67.    Annals.  May,  i8». 

[205] 


58  Annai^  of  the  American  Academy. 

dollars  ?  Simply  because  through  the  common  cost  it  can 
and  must  be  leveled  to  the  price  of  the  other  commodities 
produced  from  copper,  i.  e. ,  in  this  case  to  the  price  of  the 
strongly  demanded  copper  wire.  But  why  have  prices  in  the 
entire  copper  business  advanced  ?  Because,  and  in  so  far  as, 
through  the  increased  demand  for  copper,  the  marginal  utility 
of  this  material  has  been  raised.  It  is,  therefore,  an  increase 
in  utility  and  not  in  disutility,  that  here  in  the  guise  of  cost 
dictates  the  advance  of  the  price.  The  numerous  instances 
of  this  kind  which  at  once  suggest  themselves  to  the  reader, 
confirm  our  earlier  judgment  of  the  important  part  which, 
under  modem  economic  conditions,  utility  plays  in  the  deter- 
mination of  cost. 

It  is  a  curious  fact  that  the  objection  has  been  more  than 
once  advanced,  that  the  Austrian  economists  have  closed 
their  eyes  to  the  rich  treasure  of  insight  and  knowledge 
which  the  great  law  of  cost  affords;*  and  that  they  have  dis- 
dained to  avail  themselves  of  its  help  in  the  explanation  of 
the  phenomena  of  value.  In  reality  as  we  have  endeavored 
to  show,  the  reverse  of  this  is  true.  So  anxious  are  we  to 
coin  the  whole  of  this  treasure,  so  strong  is  our  desire  not 
to  neglect  or  discard  one  particle  of  the  help  which  it  offers 
us,  that  we  object  to  a  misleading  interpretation  of  this  law, 
an  interpretation  which  would  compel  us  to  ignore  the 
greater  part  of  its  influence.  The  character  of  the  facts  as 
well  as  the  necessities  of  the  science  force  upon  us,  as  we 
believe,  with  equal  imperativeness,  the  other  universal  con- 
cept, the  concept  which  the  Austrian  economists  have  made 
their  own,  and  whose  essential  features  I  will  in  conclusion 
recapitulate. 

The  variety  of  meanings  that  have  attached  themselves  to 
the  word  cost  have  been  the  source  of  much  confusion. 
There  is,  for  instance,  the  cost,  which,  in  the  sense  of  the^ 

•  Compare  for  example  B.  Dietzel's  writings,  especially  the  paragraphs  cited  te 
my   answer   (Conrad's  Jahrbucher),   third  series,  book   iii,  page   327.     See  also-' 
Professor  Edgeworth  in  the  Economic  Journal,  June,  1892,  pages  334,  337. 

[206] 


The  Ultimate  Standard  op  Value. 


59 


great  empirical  law  of  cost,  operates  as  the  determinant  or 
regulator  of  price.  To  identify  this  either  directly  or 
indirectly  with  the  personal  sacrifice,  laboriousaess,  pain  or 
disutility  that  is  imposed  upon  us  by  labor  or  abstinence,  is 
an  actual  misunderstanding. 

The  **cost  ••  of  the  law  of  cost  is  not  the  name  of  an  ele- 
mentary factor.  It  is  a  designation  applied  indifferently, 
according  to  the  special  circumstances  of  the  case,  either  to 
sacrifice  utilities  embodied  in  goods,  or  to  personal  discomfort 
or  pains,  i.  e.,  either  to  utilities  or  to  disutilities.  The  law 
of  cost  is  always  in  the  first  instance  a  simple  leveling  princi- 
ple. In  order  to  determine  what  elementary  forces  are 
included  under  this  title,  we  must  inquire  what  it  is,  that 
under  the  name  of  cost,  brings  about  this  leveling.  We 
then  find  that  at  first  the  marginal  utility  of  one  product  is 
leveled  to  the  marginal  utility  of  other  products,  that  are 
produced  fi-om  the  same  cost  good  (raw  material,  machines, 
etc.),  or  it  is  a  leveling  of  utility  with  utility.  In  most 
cases  this  leveling  process  not  only  begins  but  ends  here. 
Only  occasionally,  under  quite  definite  casuistic  assumptions, 
is  the  leveling  process  carried  a  step  further,  and  the  utility 
of  the  good  itself  brought  into  equilibrium  with  the  dis- 
utility endured  by  the  producers.  In  this  limited  number 
of  cases  the  general  law  of  cost  becomes  a  special  law  of 
disutility.  The  independent  character  of  this  law  is  shown 
by  the  fact,  that  while  its  domain  is  very  limited,  yet  in  one 
direction  it  extends  beyond  that  of  the  classical  law  of  cost,* 

What  then  is  the  "ultimate  standard  "  for  the  determina- 
tion of  the  value  of  goods,  in  the  search  for  which,  men 
have  been  as  indefatigable  during  the  last  one  hundred 
years,  as  they  formerly  were  in  their  endeavors  to  square  the 
circle.  If  we  wish  to  answer  this  question  in  a  single  phrase, 
then  we  cannot  choose  any  less  general  expression  than 
"  human  well-being."  The  ultimate  standard  for  the  value 
of  all  goods  is  the  degree  of  well-being  which  is  dependent 

*  See  abore  p«ge  39. 

[»o7] 


6o 


Annai^  op  thk  American  Academy. 


upon  goods  in  general.     If,  however,  we  desire  a  more  con- 
crete standard,  one  that  will  give  us  a  more  definite  idea, 
just  how  goods  are  connected  with  well-being,  then  we  must] 
take  not  one  but  two  standards,  which  though  co-ordinate  in  I 
theory  are  yet  of  very  unequal  practical  importance,  because] 
of  the  greater  prevalence  of  the  phenomena  in  which  one  of 
them  is  operative;  one  is  the  utility  of  the  good,  and  the ': 
other  is  the  personal  sacrifice  or  disutility  involved  in  the] 
acquisition  of  the  good.     The  domain  of  the  latter  is  much ; 
more  limited  than  we  usually  think.     In  the  great  majority 
of  cases,  even  in  those  in  which  the  so-called  law  of  cost] 
undoubtedly  plays  a  part,   the  final  determination  of  the] 
value  of  goods  is  dependent  upon  utility. 

Vienna.  B.    VON    BOHM-BAWERK. 

[Translated  by  C.  W.  Macfarlane.] 


RELATION  OF  LABOR  ORGANIZATIONS  TO  THB 

AMERICAN  BOY  AND  TO  TRADE 

INSTRUCTION. 

In  the  Century  Magazine  for  May,  1893,  occurred  these 
words,  inspired  by  the  late  Colonel  Auchmuty,  the  head  of  a 
large  New  York  trade  school:  '*  The  American  boy  has  no 
rights  which  organized  labor  is  bound  to  respect.  He  is 
denied  instruction  as  an  apprentice,  and,  if  he  be  taught  his 
trade  in  a  trade  school,  he  is  refused  admission  to  nearly  all 
trade-unions,  and  is  boycotted  if  he  attempts  to  work  as  a 
non-union  man.  The  questions  of  his  character  and  skill 
enter  into  the  matter  only  to  discriminate  against  him.  All 
the  trade-unions  of  the  country  are  controlled  by  foreigners, 
who  comprise  a  great  majority  of  their  members.  While 
they  refuse  admission  to  the  bom  American  boy,  they  admit 
all  foreign  applicants  with  little  or  no  regard  to  their  train- 
ing or  skill. ' ' 

These  words  express  a  widespread  belief  that  our  labor 
organizations  strenuously  object  to  trade  instruction,  and 
that  the  reason  for  it  is  that  these  organizations  are  con- 
trolled and  mostly  composed  of  foreign  bom,  who  are  hostile 
to  the  American  boy.  Before  determining  the  amount  of 
truth  in  the  first  charge,  with  which  this  paper  is  especially 
concerned,  it  is  worth  while  to  devote  a  few  words  to  the 
second  charge  as  to  the  composition  of  our  trade-unions  and 
their  attitude  toward  the  American  bora  and  those  of  Ameri- 
can parentage. 

The  two  historians  of  our  early  labor  movement,  Mr. 
George  E.  McNeil,  of  Boston,  and  Professor  R.  T.  Ely. 
hold  that  the  founders  of  most  of  our  earliest  labor  organi- 
zations before  i860  were  of  native  stodc.  Since  then,  our 
immigrants  have  entered  the  hard-handed  industries  more 
largely  than  have  the  native  Americans.     Still  more  largely 

[209] 


f^2  AnN'AI.S    of    TIIK    AMERICAN    ACADRMY. 

iKivo  ihev  entcrccl  the  labor  organizations  of  their  trades  in 
ra.uiw  I'Ut  lint  all,  occnpations.  In  Illinois,  in  1886,  according 
t"  the  rejinrt  that  year  ot' the  Illinois  Bureau  of  I^abor  Statis- 
tic-, .)!il\  thirt>-t\V(^  per  cent  of  the  89,221  then  in  labor 
t'r>;ani/ati<)iis  were  of  American  birth,  while  seventeen  per 
cent  Were  t'T  Irish,  twenty-seven  per  cent  of  German,  nine 
]>er  cent  of  r.iitish,  and  nine  per  cent  of  Scandinavian  birth, 
while  the  ]>ercentai;es  in  1880  of  the  various  nationalities 
;i::i>>:il;  the  3,:;;^, 942  in  Illinois  engaged  in  the  manufacturing, 
ineehaiiical  and  mining  industries,  trade  and  transportation, 
were:  Americans,  sixty  per  cent;  Irish,  seven  per  cent;  Ger- 
man-, >ixteen  per  cent;  British,  six  per  cent,  and  Scandina- 
\i  Ills,  lour  per  cent.  The  proportion  of  Americans  had  doubt- 
less Somewhat  decreased  by  1886  If  all  employers  and  their 
( lerks  could  be  excluded,  the  proportion  of  wage-earners  of 
American  birth  in  1886,  would  doubtless  still  have  somewhat, 
but  iK't  \er\-  much,  exceeded  the  proportion  of  foreigners 
in  the  union-,  h'our-fifths  of  all  those  in  the  railroad  organi- 
zations an«l  one-half  of  those -in  the  unions  of  cigar  makers, 
ir"n  moulder^,  gas  and  steam  fitters,  printers  and  pressmen 
\vere  of  American  birth. 

Mo>t  of  our  trade-unions  have  so  little  prejudice  against 
a!i>-  nationality,  native  or  foreign,  that  they  keep  no  records 
of  the  number  of  each  in  their  membership.  A  number  of 
union-,  !io\se\er,  have  given  me  estimates.  Mr.  Fruaseth, 
-'•'  iet.ir\-  of  tile  Sailors'Union  of  the  Pacific,  writes  that  the 
;«•:' •111  ICC  of  toreign  born  in  his  union  is  ninety-five,  and 
■■n  !h'-  .\tlantii  (oast  less,  ])erha])s  fifty,  while  among  the 
•  i:-' !i  in  loi.i-ii^oiiig  vessels,  who  are  entirely  unorgan- 
;/•  'i  th--  ]H  T,  ,  Mtage  is  fully  ninety-five.  Of  the  lake  seamen 
"•••*  :'i'-  and  in  the  union,  fully  seventy-five  per  cent  are 
:  .:.:.:n  l.,rn. 

In  til'-  ilaki  rs'  rnion,  the  foreign  born  ])redominate,  and 
ni  tic  c"'.nteeti(Mn  i,s'  rniou,  the  native.  Ninety  per  cent  of 
li".'  Si'ini.:  Knite  Makers'  Protective  Union  are  native 
•'^''''■:''   t:i       -Xb^ut  lw(;-thirds  of  the  International  P'urniture 


Labor  Organizations  and  Trade  Instruction.    63 

Workers  and  of  the  International  Trade  Association  of  Hat 
Finishers;  thirty-five  per  cent  of  the  Amalgamated  Associa- 
tion of  Iron  and  Steel  Workers,  and  forty  per  cent  of  the 
carriage  and  wagon  workers  are  of  foreign  birth. 

President  G.  P.  Monroe,  of  the  Stationary  Engineers,  says, 
only  fifteen  per  cent  of  his  union  are  foreign  bom,  which,  he 
thinks,  "smaller  than  in  the  trade  outside."  About  one- 
half  of  the  brass  workers  in  the  luiion  and  in  the  trade  out- 
side are  reported  as  foreign  bom.  About  eighty  per  cent  of 
the  silk  ribbon  weavers  in  the  trade  and  apparently  in  the 
union  are  of  foreign  birth.  About  one-sixth  in  the  Barbers' 
Union  are  of  foreign  birth,  and  a  larger  proportion  of  these 
outside.  Of  the  Boiler  Makers'  and  Iron  Ship  Builders' 
Union,  about  one-half  are  reported  as  of  foreign  birth,  but 
the  president  writes :  * '  Nationality  cuts  no  figure.  The 
most  intelligent  are  most  in  favor  of  organization." 

Mr.  F.  P.  Sargent  writes  of  the  Firemen's  Brotherhood, 
what  is  equally  tme  of  the  Brotherhood  of  Locomotive 
Engineers:  ' '  Our  organization  is  almost  entirely  composed 
of  American  bora  persons." 

President  Martin  Fox,  of  the  Iron  Moulders'  Union,  writes: 
*'  The  question  of  ascertaining  the  percentage  of  native  and 
foreign  in  the  organization  has  never  been  entered  into,  as 
the  union  knows  no  politics,  creed  or  nationalit>'.  The 
qualifications  for  membership  are  based  on  the  ability  and 
workmanship  of  the  applicant  to  perform  the  work  and  com- 
mand the  wages  paid  average  workmen,  but,  as  a  matter  of 
fact,  the  native  born  predominate.  Many  of  them,  no  doubt, 
are  of  parents  bora  in  foreign  countries." 

That  such  restriction  of  apprentices  as  exists  in  some 
unions  is  disconnected  with  any  race  prejudices,  may  be 
indicated  by  the  case  of  the  Tackmakers'  Protectiw  Union 
with  only  about  300  members  in  six  locals,  ninct>'-five  per 
cent  being  of  American  birth.  This  union,  dating  bom 
X854,  and  one  of  its  locals,  perhaps  the  oldest  of  existing 
local  unions,  from  1820,  voted  in  1890  to  take  no  apprentices 

[211] 


64  Annai^  of  the  American  Academy. 

for  the  next  five  years,  save  sons  of  members,  unless  by  vote 
of  the  union.  The  secretary  naively  writes  that  his  union 
has  never  opposed  the  formation  of  trusts  among  employers 
in  his  trade,  and  the  men  earn  $125  to  $225  a  month,  and 
sometimes  work  only  forty  hours  a  week.  ^ 

While  the  foreign  bom  are  in  the  majority  in  many  of  theSI 
hard-handed  industries,   this   is   not   because  of  our  labor 
organizations,   but  often   in   spite  of  their  efforts,  of  late 
increasing,  to  prevent  by  restricting  immigration  this  form  of 
competition  of  those  with  a  lower  standard  of  living.    When 
the  American  bom  are  not  in  our  unions,  it  is  either  becai 
the  American  boy  does  not  like  manual  labor,  and  so  is  nc 
engaged  in  the  trades  in  which  there  are  unions,  or  else  he 
refuses  to  join  the  union  of  his  trade.     Many  unions  write 
that  the  Germans  take  most  readily  to  labor  organization, 
while  in  Chicago,  the  native  farmers'  boys  from  the  Atlantic' 
seaboard  States  are  least  responsive.     An  intense,  self-suffi- 
cient individualism,  which  was  more  fitted  to  our  earlier 
history,  where  organization  of  capital  was  also  little  devel- 
oped, than  to  the  present  era  of  the  corporation  and   the 
trust,  keeps  a  large,  but  of  late,  decreasing  percentage  of  the 
American  boys  actually  in  our  trades  from  joining  the  unions 
of  those  trades.* 


♦  In  the  niinois  I^abor  Bureau  Report  for  1886,  pp.  228-29,  appear  some  excellent 
observations  on  this  subject,  in  part  as  follows  :  "There  is  both  the  distaste  of  the 
American  youth  for  the  trades,  and  their  further  indisposition  to  identify  them- 
selves permanently  with  any  class  or  with  any  sphere  in  life.  The  foreign  work- 
man has  the  traditions  of  many  generations  and  the  walls  of  caste  to  restrain  him 
within  certain  limits  as  to  his  occupation  ;  he  has  no  possibilities  beyond  a  given 
sphere,  and  is  trained  and  developed  within  it.  Thus  environed,  his  career  and 
ambitions  He  in  the  paths  his  fathers  have  trod,  and  his  associations  with  his 
fellow-craflsmen  make  the  trade-union  his  natural  and  necessary  place.  Trans- 
ported to  this  country,  he  brings  his  feeling  for  the  union  and  his  class  associa- 
tions with  him  as  a  habit. 

"  But  the  American  mechanic's  boy  is  born  to  no  condition  in  life  from  which  he 
may  not  rise,  or  hope  to  rise,  or  which  at  least  he  may  not  abandon  for  better  or 
worse.  All  the  precepts  of  the  schools  and  teachings  of  observation  suggest  other 
ways  of  making  a  living,  or  at  least  other  avenues  in  life  than  those  of  his  father. 
Add  to  this  the  time  and  toil  required  to  learn  a  trade,  and  the  frequent  objections 
to  his  being  admitted  to  the  shops,  the  encroachments  of  machinery  upon  intelli- 
fent  skill  in  all  the  industries,  the  lack  of  technical  training  in  the  public  schools, 

[212] 


Labor  Organizations  and  Tradb  Instruction.    65 

An  extreme  instance  of  a  skilled  trade  monopolized  by  the 
foreign  bom  is  that  of  the  better  kinds  of  tailoring.  One 
of  the  most  expert  workmen  among  the  tailors  of  Chicago 
tells  me  that  he  has  never  known  but  one  American  at  work 
among  the  better  grades  of  tailoring.  But  this  is  due  to  the 
fact  that  a  jounieyman  tailor  cannot  afford  to  take  a  helper 
unless  that  helper  has  first  learned  how  to  sew.  But  oppor- 
tunity for  so  leaniing  is  not  afforded  in  this  countr>'.  In 
Germany,  such  preliminary  training  is  afforded  in  numerous 
so-called  back-shops  connected  witli  tailoring  establishments, 
but  which  do  not  exist  to  any  great  extent  in  America. 
Here  work  is  largely  done  by  the  joume>Tnan  in  his 
room. 

A  few  years  ago  a  trade  school  was  established  by  the 
merchant  tailors  in  New  York  for  teaching  the  tailoring 
trade.  The  first  year  the  school  had  forty  pupils.  The 
boys  were  paid  a  proportion  of  the  value  of  their  product. 
Then  the  system  was  changed,  and  the  boys  were  charged 
tuition.  The  bright  boys  dropped  out  and  procured  situa- 
tions as  cash  boys,  errand  boys,  etc.,  and  were  replaced  by 
merchant  tailors'  sons  and  proteges  or  fiiends,  who  never 
intended  to  be  journeymen,  but  desired  to  gain  a  smattering 
of  practical  work  to  qualify  them  to  become  cutters  or 
masters.  The  school  dwindled  to  ten  pupils  during  its 
fourth  and  last  year.  Indifference  on  the  part  of  merchant 
tailors  and  the  preference  of  American  boys  for  positions  as 
civil  engineers,  physicians,  electricians,  and  the  like,  rather 
than  tailors,  are  said  in  letters  to  me  by  its  managers  to 
have  been  more  responsible  for  failure  than  any  hostility  or 
indifference  of  the  Journeymen  Tailors*  Union. 

Mr.  M.  H.  Madden,  president  of  the  Illinois  State  Federa- 
tion of  Labor  thus  writes  me:  "You  ask,  are  foreign  bom 
workmen  received  into  the  unions  with  less  inquiry  as  to  the 

•nd  it  U  not  difficult  toundenUnd  why  the  Amerlain-brrd  yoath  seek  drrkshlp* 
•nd  swell  the  rmnk«  of  non-producen,  who  lire  by  Iheir  wlu  rather  than  by  maaaal 
industry,  nor  why  four-fifth*  of  49,604  mechanlca  and  artiMM  la  Illlaote  art  of 
foreign  antecedents  and  habita." 

["3] 


66  Annals  of  the  A:\ikrican  Academy. 

Ivni^th  (^r  Ihcir  training;  than  is  true  of  American  born. 
The  a!is\vcr  t<>  this  must  ])c  in  the  negative,  and  it  must  be 
ciLi:\Li\Hl  with  emphasis.  Tiie  modern  trade-union  in 
Avaltica  ]<  in  its  iiitaiic_\- as  compared  with  the  trade-unions 
(-:"  the  *-M  world.  vSe\-cn  years  is  the  time  required  to  serve 
a-  .i!i  .ipp.:\-:il;cc  in  the  okl  world,  h'ive  years  is  the  limit  in 
i'.;-  i"v.n'.:\.  Cumpensation  is  a  feature  here.  Over  there 
t'.iv  ,:-. ■pi^n'.Ke  reCL-iNes  iiotiiing,  and  frequently  pays  for  the 
:  ::',:".i  ;.:'•.  As  rega.rds  C()naj)ctL'ncy,  the  foreign  born  journey- 
:::.:::  :>  th' >rouglil\-  grounded  in  man}'  particulars.  I  wish 
t  ■  d.iievl  \()ur  attention  to  tliis  feature  especially.  I  am  a 
r..:t:-.e  <'f  Illinois  and  for  thirty  years  have  been  a  close 
(.--viAer  and  >indent  of  these  matters.  Therefore  I  cannot 
lie  a.een-ed  i^[  prejudice  in  behalf  of  the  foreigner.  Instead 
(  ;"  1::-^  being  di>crinnnated  in  favor  of,  he  is  rather  legislated 
:.^,ii:i-~t  by  onr  societies  principall}'  in  the  way  of  appealing 
t  -   p:\;n  lire."' 

1 1'  t/.e  tra<le-union  is  not  opposed  to  the  American  born 
i:i  ;•  -tieral,  i'^  it  o])posed  to  the  latter  learning  a  trade?  This 
i~  .■::•  n  eliarjed  hteanse  of  rules  in  some  unions  that  limit 
tl.e  !;ii::i'»er  of  a}>prentices  to  Ijc  employed  at  au}- one  time 
i:;  ,1  •,;:i:  >;\  w /ik-^liop.  Ibux-  sucli  rules  really  limited  trade 
::.-ir','.ei:o!i  ^  Rather  ha\-e  they  tended  in  most  cases,  where 
■  ::  ■:  ■!.  to  ])re\ent  a  horde  of  half-trained  boys,  with  less 
'.',  i'.l-  r.i.in  lin-  a.Nerage  married  wage-earner  from  being  used 
••  t;  '  r.i  '!■'•  nn-cru])nlous  en.iployers  to  beat  down  wages. 
'i  '.  •  ■  :-.  1.  <-.'.v\er,  immensely  less  actual  restriction  of  those 
t-    '■■     '\'~--V"\\->    oi     an     ap})renticeship    than     is    connnonly 

1-    '!;    :;   ..,;;    t:  ade-unions  did   material!)-  restrict  competi- 

■   ■       •.'.  ■  '. .  •';'::!  MM-d  men  ])\'  de])ri\dng  them  of  the  oppor- 

—  ■    ■     '■:    ■     ■■■;::■■.-',  .1  traile,  the  exam])le  of  man\-   employers 

'•  ■     ■•'  ^'  •      '■•   1  •   '  a  ii'.-tifiealion  of  such  action.      Trusts  and 

'    •■■•'  '■"■   '■    ■'■      '  '    :'    -:i''t    e.  );n])etition    are    the   order  of    the 

'■!  ■    '    '    'Av^  :\\]' ,:\,    in   iSi;2,  of  the  National  As.socia- 

■■  "■    I'":  ■.■'    •  >   "l"  tiw    rnit((l    States.  Jcdm    IbTUS,  of  New 

I -Mil 


Labor  Organizations  and  Trade  Instruction.    67 

York  City,  declared:*  **  In  the  dty  of  New  York  no  con- 
sumer can  go  into  a  supply  house  and  buy  a  pound  of  lead, 
and  I  think  that  that  same  system  exists  throughout  the 
country.  We  deem  this  necessary  for  the  protectton  of  our 
interests.  If  a  consumer  could  go  to  a  supply  man  and 
obtain  goods  as  low  as  we  can  and  cheaper  sometimes,  when 
our  bills  should  go  to  the  consumer  it  would  put  us  in  the 
light  of  extortionists."  C.  W.  Gindele.  of  Chicago,!  de- 
clared: *•  The  Stone  Cutters'  Association  have  a  distinct 
imderstanding  with  the  Quarr>'men*s  Association  that  e\'ery 
foot  of  dimension  stock  that  is  sold  in  Cook  County  must  be 
sold  direct  to  the  stone  cutters." 

In  a  recent  article,  Mr.  George  C.  Sikes,  has  shown  by 
a  reference  to  the  declarations  of  large  employers  themselvesl 
that  neither  in  Boston,  Rochester,  New  York,  nor  Chicago  in 
the  building  trades  do  the  large  builders,  who  are  able  to 
train  apprentices,  take  as  many  such  as  the  union  rules 
allow  or  as  they  would  like,  while  the  inferior  small  em- 
ployers would,  if  allowed,  flood  the  market  with  cheap,  half- 
trained  youths.  Prominent  builders  in  the  above  cities  state 
that  the  unions  do  not  stand  in  the  way  of  as  many  gaining 
thorough  trade  instruction  as  present  facilities  and  self- 
interest  among  competent  employers  permit. 

The  semi-annual  report  of  the  British  Trade-Union  of 
Lithographic  Printers,  in  September,  1889,  thus  clearly  and 
sensibly  expresses  the  laborers'  view:§  "We  bclicN'e  in 
technical  education,  if  the  object  sought  to  be  attained  is  to 
improve  the  skill,  efficiency'  and  touch  of  workmen  and 
apprentices,  who  may  be  permanently  engaged  in  certain 
industries,  that  is,  for  those  engaged  in  the  printing  trade  to 
receive  further  instruction  in  printing  in  the  technical 
school;  those  employed  in  lithographic  printing  to  receive 

*  Proceedings  of  ConvenUon,  p.  70. 

t/*i</..  p.  78. 

t  Journal  of  Pt>litical  Economy,  Joae.  1894. 

i  Fourth  Report  on  TTmde-Unk>Ds  of  British  Orpartmcat  of  Ubor 

pp.  613-14. 

["5] 


68  Annals  of  the  American  Academy. 

lessons  in  lithography;  and  those  engaged  in  other  trades  to 
receive  practical  instruction  in  respect  to  those  trades.  But 
to  throw  the  classes  open  for  individuals  engaged  in  one 
industry  to  receive  practical  lessons  from  practical  teachers 
engaged  in  another  industry  will  be  to  defeat  the  object 
sought  to  be  attained,  and  will  be  mainly  prolific  in  intro- 
ducing or  manufacturing  workmen  far  less  skilled  than  those 
of  to-day.  It  will  appeal  to  the  intelligence  of  any  man 
that,  unless  this  restriction  be  observed,  dire  results  must 
follow. 

' '  We  would  place  no  obstacle  in  the  way  of  the  develop- 
ment of  technical  education.  We  wish  it  every  success. 
But  we  must  ask  our  members,  several  of  whom  are  teach- 
ing in  technical  schools  in  different  parts  of  the  country, 
that  only  those  who  are  engaged  in  the  trade,  either  as  jour- 
neymen or  apprentices,  shall  receive  instruction  in  connec- 
tion with  it. 

'  *  The  system  of  to-day  by  which  apprentices  are  but 
taught  a  portion  or  certain  branch  of  their  trade  is  in  itself 
bad  enough,  and  produces  a  number  of  workmen  not 
properly  skilled,  and  these  are  the  individuals  who  would  be 
much  benefited  by  receiving  instruction  at  the  schools 
But  to  give  instruction  in  lithography  to  any  who  ma] 
apply  for  it,  and  who  are  not  members  of  the  trade,  woul<| 
be  to  act  diametrically  opposite  to  the  objects  ostensibly 
sought  to  be  attained. ' ' 

The  writer  of  this  paper  made  a  personal  investigation 
this  matter  in  1891,  embodying  the  results  in  a  paper  whic 
appeared  in  the  proceedings  of  the  American  Social  Scien< 
Association  for  that  year.  Of  the  sixty  to  seventy  trade-unioi 
in  the  United  States  then  having  a  national  or  international  01 
ganization,  forty-eight  with  a  membership  of  over  five  hundre 
thousand  made  returns  to  the  writer.  Most  of  the  other  unioi 
are  small  and  known  to  place  no  restrictions  on  apprentice 
Now  of  these  forty-eight  unions,  twenty-eight  embracing 
222,000  members,  or  forty-five  per  cent  of  the  above  500,< 

[216] 


Labor  Organizations  and  Trade  Instruction.    69 

had  no  restrictions  upon  apprenticeship;  in  ten  unions  with 
197,000  members,  or  thirty -nine  per  cent  of  all,  restriction 
was  left  to  the  locals.  Nearly  all  of  these  197,000  were  car- 
penters, printers,  cigar  makers,  painters  and  decorators.  No 
returns  were  received  fix>m  most  of  the  building  trades  aside 
from  the  carpenters,  but  it  is  known  that  where  they  have 
any  restrictions  upon  apprenticeship,  they  are  usually  a 
matter  of  local  regulation.  Let  us  examine  a  little  the  re- 
strictions in  these  unions.  Only  those  branches  of  the  cigar 
makers'  organization  which  make  the  better  grade  of  cigars 
attempt  any  restriction  at  all  of  apprentices.  Where  restric- 
tion is  attempted,  it  is  usual  to  allow  one  apprentice  to  a 
shop  and  two  apprentices  where  from  five  to  ten  journeymen 
are  employed.  The  term  of  apprenticeship  being  three  years, 
and  the  natural  working  life  of  cigar  makers  over  fifteen 
years,  there  is,  in  the  application  of  this  rule,  opportunity 
for  a  considerable  yearly  increase  in  the  number  of  cigar 
makers.  It  may  be  a  sufficient  evidence  that  the  cigar 
ikers  do  not  unduly  restrict  the  number  of  apprentices  if 
>tate  that  the  Chicago  imion,  with  a  membership  of  1900, 
1ms  between  700  and  800  apprentices. 

Of  the  eleven  local  t>'pographical  unions  in  New  York 
State  investigated  in  1886  by  the  New  York  Bureau  of  Labor 
latistics,   eight   reported  some   restriction   of  apprentices. 
he  very  moderate  rule  common  to  most  of  these  was  one 
pprentice  to  four  or  five  journeymen,  the  term  of  learning 
being  four  years.     But  such  rules  are  of  comparatively  little 
avail  in  keeping  down  the  number  of  apprentices  because  of 
the  large  number  trained  in  the  country  newspaper  offices, 
where,  in  the  absence  of  unions,  no  rules  are  applied.     All 
of  the  eleven  unions,  as  stated  in  the  report,  admitted  to 
their  membership  on  equal  terms  with  any  others,  those  bo3rs 
who  had  learned  their  trades  in  non-union  establishments. 
The  Chicago  Tj-pographical  Union  allows  one  apprentice  (in 
newspaper  and  two  in  job  offices)  to  the  first  ten  journey- 
men and  one  apprentice  to  every  five  joumejrmen  thereafter. 

[217] 


70  Annai^  of  the  American  Academy. 

A  veteran  printer  of  the  union  has  found  this  rule  woulc 
allow  for  the  1 700  membership  of  one  of  the  Chicago  unioi 
about  250  apprentices,  but  the  number  employed  is  onlj 
about  140,  very  clearly  proving  that  not  as  many  boys  desii 
to  be  apprentices  in  the  printing  trade  by  nearly  one-half 
the  imion  rules  would  allow. 

In  view  of  the  common  belief  that  the  building  trades  ai 
successful  in  limiting  the  number  of  apprentices,  it  is  vei 
significant  to  note  the  fact  brought  out  in  the  Massachusett 
census  for  1885,  that  in  none  of  the  building  trades  w£ 
there  one-half,  and  in  most  cases  not  one-fourth,  as  man] 
apprentices  as  the  union  rules  would  allow.  Amonj 
the  blacksmiths  there  was  one  apprentice  only  to  twenty 
eight  journeymen;  among  the  carpenters,  one  to  sixty- twc 
among  the  machinists,  one  to  twenty;  among  the  masons 
one  to  one  hundred  and  five;  among  the  painters,  one 
eighty-nine;  among  the  plumbers,  one  to  forty-four;  amonj 
the  printers,  one  to  nineteen;  among  the  tinsmiths,  one 
sixteen.  In  Wisconsin,  in  1889,  according  to  the  fourtl 
biennial  report  of  the  Commissioner  of  Labor  and  the  induj 
trial  statistics  of  that  State,  there  was  only  one  apprentice  t( 
every  thirteen  among  the  masons;  one  to  every  twelve  amonj 
the  carpenters;  one  to  every  twelve  and  a  half  among  th^ 
painters,  while  there  were  three  apprentices  to  every  foi 
journeymen  among  the  plumbers. 

Two  of  the  most  exclusive  unions  in  this  country  are 
Tile  Layers'  and  the  Flint  Glass  Workers' .  The  former  with 
a  small  membership  requires  a  learner  to  serve  two  years  as 
an  apprentice,  and  then  he  must  be  able  to  secure  a  two 
years'  contract  as  a  laborer  at  three  dollars  a  day  for  the  first 
year  and  three  dollars  and  a  half  for  the  second.  He  must 
then  be  able  to  earn  four  dollars  a  day  and  pay  an  initiation 
fee  of  from  twenty-five  to  one  hundred  dollars  according  to 
the  locality. 

The  Flint  Glass  Workers'  allow  only  one  apprentice  to 
every  twenty  men  unless  there  are  less  in  a  shop,  and  he  must 

[218] 


Labor  Organizations  and  Trade  Instruction.    71 

serve  four  years.  By  adding  an  initiation  fee  of  one  hundred 
dollars  in  case  of  emigrants,  and  having  other  stringent  shop 
rules,  they  keep  up  wages  to  from  six  to  nine  dollars  a  day 
for  their  members  in  this  skilled  trade  during  the  ten  months' 
work  season.  But  these  examples  of  a  labor  trust  mo<leled 
after  the  increasing  examples  of  the  same  among  capitalists 
are  the  exception  in  the  labor  world. 

Only  seventeen  of  the  fort>'-eight  unions  making  returns 
as  above  stated,  had  any  national  rules  restricting  appren- 
tices, and  only  fourteen  of  these  unions,  with  71,000  mem- 
bers, or  fourteen  per  cent  of  the  500,000,  in  the  forty-eight 
tmions,  reported  any  success  in  the  enforcement  of.  such 
rules.  Of  these  71,000,  9500  were  glass-workers,  5417 
were  hat  makers,  28,000  were  iron  moulders,  and  20,000 
were  journeymen  tailors;  and  these  last  allowed  one  appren- 
tice to  every  journeyman,  the  apprenticeship  lasting  four  to 
five  years,  a  very  liberal  rule.  In  the  census  of  1885  in 
Massachusetts,  it  appeared  that  in  the  hat  business  there 
were  226  technically  known  as  hatters  and  twenty-nine 
apprentices,  but  there  were  875  other  hat  makers  such  as  silk 
and  fur  hat  makers,  finishers,  trimmers,  pressers,  etc.,  and 
only  three  apprentices,  instead  of  fully  three  times  that  num- 
ber, as  the  union  rules  allowed.  Similarly,  there  were  in 
Massachusetts  only  sixteen  apprentices  to  769  journeymen 
pattern  makers,  or  one  to  forty-eight;  fifty-eight  apprentices 
to  2997  iron  moulders,  or  one  to  fifty- two,  and  one  apprentice 
to  twenty-six  wood  carvers,  and  one  apprentice  to  every 
twelve  journeymen  tailors.  In  this,  as  in  nearly  every  case, 
we  find  that  the  death-blow  to  apprenticeship  is  not  struck 
by  the  unions,  but  by  the  conditions  of  business  which  bring 
workers  into  a  trade  without  any  regular  training  or  appren- 
ticeship whatever. 

As  a  final  proof  that  the  trade-unions  are  losing  interest  to 
a  great  degree  in  the  restriction  of  apprentices,  reference 
may  be  made  to  the  small  number  of  strikes  for  this  pur- 
pose.    In  1881-86,  inclusive,  according  to  the  United  States 

[219] 


72  Annals  of  the  American  Academy. 

Bureau  for  Labor  vStatistics  there  were  22,304  strikes  and 
of  these  only  250,  or  one  and  one-tenth  per  cent,  had  any 
coinicction  with  apprentices.  Sixty-three  of  these  were 
unsuccessful.  Of  these  250  strikes,  157  were  in  the  building 
tra'k--^,  twenty  in  glass,  fifteen  in  tobacco,  twelve  in  clothing, 
nine  in  metals,  seven  in  printing  and  publishing.  Of 
the  i>3S4  establishments  on  strike  in  New  York,  during 
jss:^-S9.  as  reported  by  the  New^  York  Bureau  of  Labor 
vStatistics  for  1SS9,  only  114,  or  one  and  two-tenths  percent 
Were  connected  with  apprenticeship,  and  of  these  114  only 
.seventeen  per  cent  were  either  wdiolly  or  partly  successful, 
thi)u.>;h  of  all  strikes,  sixty- two  per  cent  were  wholl}^  or  partly 
successful.  In  1891  and  1892  less  than  one  per  cent  of  the 
strikes  or  of  the  men  involved  were  connected  w4th  disputes 
over  apprenticeship  rules. 

Althoui;h  the  writer  of  the  CcJitury  articles  charges  the 
trade-unions  with  the  downfall  of  the  apprenticeship  system, 
the  only  system  known  until  very  recently  for  imparting 
trade  instruction,  he  says  in  the  June  number,  1893:  *'Atthe 
Sixth  Ainuial  Convention  of  the  Pennsylvania  Association 
of  .Master  House  Painters  and  Decorators,  held  at  Scranton 
in  January-  last,  one  of  the  delegates  read  a  paper  on  the 
api^renticeship  .system  as  observed  in  his  trade.  He  said 
that  after  a  personal  investigation  among  at  least  600  mas- 
ter painters  and  decorators  of  Philadelphia  and  vicinity, 
he  had  discovered  that  not  an  average  of  one  in  fifteen  had  a 
sini^lo  apprentice  in  liis])usiness,  and  that  the  larger  the  work- 
shop or  esta])lishment,  the  greater  seemed  the  abhorrence 
with  reference  to  the  employment  of  boys  to  learn  the  trade, 
many  (jf  the  masters  going  so  far  as  to  saj^  that  in  all  their 
cx])erienre  as  masters,  extending  over  fifteen  to  thirty-five 
>ears  a!i'l  i-mploying  from  fifteen  to  fifty  and  as  high  as 
ei.'.lilN  Workmen,  the\-  had  never  bothered  their  brains  teach- 
in;:  a  b'»\-  the  l)usine>s." 

I  will  furtiier  s'ate  tliat  in  the  course  of  Universit}' Exten- 
sion   !■  ctures    before    man>-   thousands  of   persons,    I    have 

[220] 


Labor  Organizations  and  Trade  Instruction.    73 

urged  everj'one  who  knew  of  a  single  boy  who  had  been 
prevented  from  learning  his  trade  by  trade  restrictions,  to 
kindly  report  the  matter,  orally  or  in  writing,  to  me,  and  I 
have  never  thus  or  in  any  other  way  received  personal 
knowledge  of  more  than  two  cases,  one  of  which  was  among 
the  nail  workers,  and  the  other  among  glass  workers 
although  I  believe  there  are  a  few  hundred  such  among  our 
65,000,000  population.  The  downfall  of  the  apprenticeship 
system  is  due  largely  to  the  introduction  of  machinery  and 
the  consequent  subdivision  of  work  in  large  shops.  This 
renders  it  impracticable  for  the  employer  to  take  a  personal 
interest  in  each  of  his  men,  or  to  give  them  an  all-roimd 
training.  It  is  more  profitable  to  set  the  learner  at  work 
upon  a  single  machine  or  branch  of  work  where  he  will  soon 
acquire  speed.  The  boy  prefers  this  because  he  is  eager  to 
begin  earning  as  soon  as  possible.  But  the  apprenticeship 
system  as  managed  under  modem  conditions  is  at  best  a  poor 
method  of  trade  instruction.  It  is  a  picking-up  process. 
Scores  of  wage-earners  have  assured  me  that  very  little 
actual  teaching  is  done  for  the  boy  in  the  apprenticeship,  but 
he  must  do  a  great  deal  of  drudgery,  run  more  or  less  danger 
of  moral  contamination,  and  can  only  learn  what  he  may 
incidentally  pick  up  by  watching  others.  This  is  a  g^reat 
waste  of  time.  There  is  no  awakening  of  keen  ambition 
and  love  of  the  work;  no  adequate  training  or  imparting  of 
dignity  to  the  work.  A  journeyman  is  hardly  ever  paid,  as 
he  should  be,  when  on  piece  work  for  the  time  lost  in  teach- 
ing an  apprentice.  This  alone  accounts  for  much  of  what- 
ever opposition  there  may  be  among  journeymen  to  a  larg^ 
number  of  apprentices. 

In  a  forcible  address  before  the  Charities  Congress  of 
the  World's  Fair  Auxiliary,  Professor  Felix  Adler,  of 
New  York,  held  very  truly  that  our  institutions  are  based 
first,  on  democracy,  and  second,  on  universality  of  culture, 
and  that  this  latter  must  come,  not  only  in  the  pleasure  and 
culture  of  school  days  and  out  of  working  hours,  but  that  man 


74  Annals  of  the  American  Academy. 

must  get  his  greatest  good  in  his  work.     But  he  cannot  do 
so  unless  he  is  better  trained  to  see  and  produce  the  beautiful 
and  the  skillful  than  is  the  ordinary  apprentice.     President 
Smart,  of  Purdue  University,  Indiana,  who  has  been  very 
successful  in  combining  practical  trade  instruction  with  high 
school  and  more  advanced  work,  presented  at  the  annual 
convention  of  the  Bureau  of  Labor  Statistics  in  1888,  the 
result  of  extensive  inquiries  as  to  the  number  of  boys  thatj 
had  become  successful  workmen  out  of  every  hundred  wh< 
had  entered  each  trade  mentioned.     Of  the  carpenters,  there] 
were  only  eighteen;  of  the  pattern  makers,  sixteen;  of  the] 
blacksmiths,  ten;  of  the  moulders,  seventeen;  of  the  machin- 
ists, fourteen;  or  an  average  of  fifteen  to  each  one  hundred. 
Evidently  something  must  be  done.     What  shall  it  be  ? 

First  should  come  far  more  of  mental  training  through 
compulsory  education  from  five  to  fifteen  years  of  age,  and 
ultimately  five  to  sixteen.  Next  a  thorough  system  of 
manual  training  properly  taught  by  expert  teachers  should 
be  a  part  of  every  school  system  from  the  kindergarten  to 
the  college.  Such  training  develops,  as  experience  in 
Toledo,  Boston  and  scores  of  other  cities  is  proving,  manual 
skill  and  the  development  of  the  whole  body  and  character. 
Its  object  has  been  well  defined  to  be  to  add  to  the  pupils' 
power  of  expression  by  verbal  description  the  power  of 
expression  by  delineation  and  construction.  It  tends  to 
awaken  a  pleasure  in  honest  work  in  the  hard-handed  as 
contrasted  with  the  soft-handed  occupations.  It  renders  it 
possible  for  a  boy  to  learn  a  trade  more  quickly  after  leaving 
school,  and  thus  induces  the  parents  to  keep  the  child  in 
school  longer  and  thereby  better  equip  him  in  other  ways 
for  life.  It  is  beginning  to  be  recognized  that  the  worst 
enemies  of  workingmen  are  those  who  would  confine  public 
education,  as  some  recent  Chicago  agitators  would  do,  to 
"the  three  R's"  that  might  fit  the  boy,  as  one  of  them 
urged  to  be  "a  clerk  in  O'Leary's  grocery."  If  it  be  urged 
that  the  workingmen  cannot  afford  to  keep  their  children  in 

[222] 


Labor  Organizations  and  Trade  Instruction.    75 

school  more  than  three  years,  or  that  the  public  schools  are 
not  sufficiently  equipped  for  better  training,  a  sufficient  reply 
is  that  the  working  men  who  have  the  votes,  should  demand 
such  reform  in  taxation  as  will  secure  public  revenue  in  pro- 
portion to  ability  to  pay  from  the  rich  citizen  as  well  as  from 
the  small  house  owner,  and  thereby  properly  equip  our 
school  and  provide,  where  private  charity  may  fail,  such 
temporary  aid  to  children  at  school  as  will  guarantee  to  them 
a  nearer  approach  than  now  to  equality  of  opportunity  with 
other  social  classes  in  the  development  of  their  manhood. 
Before  a  boy  enters  upon  the  duties  of  a  trade  or  occupation, 
he  should  have  such  breadth  of  culture  as  will  enable  him  to 
choose  wisely  and  to  be  an  intelligent  citizen.  One  can 
never  succeed  thoroughly  in  any  special  occupation  who  has 
not  a  broad  foundatibn,  as  the  president  of  Heidelberg 
University  recently  said  relative  to  professional  training: 
**  A  specialist  who  is  only  a  specialist  is  not  a  specialist  at 
all." 

Workingmen  need  great  capacity  for  turning  from  one 
tool  or  machine  to  another  in  the  same  or  a  kindred  occupa- 
tion. W.  T.  Harris,  Commissioner  of  Education  in  the 
United  States,  well  put  it  when  he  said  that,  whereas  for- 
merly a  man  was  obliged  to  spend  seven  years  in  learning  a 
trade,  he  must  now  be  able  to  learn  a  new  one  in  seven 
weeks.  Such  are  the  vicissitudes  of  modem  invention  and 
industrial  development.  For  all  this,  manual  training  is  an 
excellent  preparation.  As  Mr.  Powderly  said  at  the  time 
of  President  Smart's  address  just  quoted:  "  Every  school- 
room should  be  a  workshop,  a  laboratory,  and  an  art 
gallery.  At  present,  a  trade  learned  is  a  trade  lost,  for  the 
learner  does  not  have  an  opportunity  to  practice  more  than 
one  part  of  his  calling,  and  if  thrown  out  of  that  one  groove 
cannot  fall  into  another.  Under  an  industrial  system  of 
training,  every  American  youth  will  know  sufficient  of  all 
trades  to  step  into  whatever  opens  itself  to  him,  and  he  will 
not  be  forced  by  circumstances  to  stand  in  the  way  of 

[223] 


76  Annai^  of  the  American  Academy. 

another  who  is  anxious  to  rise,  but  will  be  fitted  to  take  a 
step  forward  at  a  moment's  notice.  He  will  always  find 
work  to  do  and  will  do  it  more  rapidly,  with  better  tools, 
and  with  greater  reward  than  the  artisan  of  the  present. ' ' 
Both  Mr.  Samuel  Gompers  of  the  American  Federation  of 
Labor  and  Mr.  George  E.  McNeill,  of  Boston,  confirm  my 
opinion  that  if  any  opposition  by  organized  labor  to  public 
manual  training  schools  ever  existed,  it  has  in  most  places 
yielded  to  hearty  endorsement. 

But  something  more   is  needed  than  manual  training. 
This  furnishes  the  foundation;  but  there  should  follow  iu; 
some  trades  special  trade    instruction.      The  well-known i 
authority  upon  education,  Professor  James  Mac  Alister,  writes  j 
me:  "  I  am  strongl}^  of  the  opinion  that  trade  schools  are 
needed  to  maintain  the  skilled  crafts  at  a  high  standard  of 
excellence,  and  that  without  them,  labor,  demanding  intelli- 
gence and  training,  will  deteriorate.     Without  them  our  pro- 
ductive industries  and  the  men  engaged  in  them  cannot  hold 
their  own  against  the  skilled  labor  of  the  most  advanced 
European  countries.     We  have  not  yet  begun  to  realize  the 
importance  of  technical  education  in  the  broadest  sense  of 
that  term.     The  trade'  school  is  needed  to  bring  the  finer ' 
industries  to  perfection.     It  is  clearly  understood  in  Germany 
and  France,   and  England  is  rapidlj'-  learning  the  lesson. 
Workmen  in  this  country  must  learn  to  accept  the  schools  in ' 
which  their  crafts  are  taught  as  the  only  means  of  raising  the 
standard  of  their  work  and  improving  their  economic  andj 
social  condition.      The  same  thing  must  be  done  for  the 
skilled  occupations  of  women.     The  courses  in  dressmaking       i 
and  millinery  in  the  Drexel  Institute  have  this  end  in  view."  fll 

It    is  well    known    that    the    superiority    of    France   in      " 
works  of  taste  and  the  rapid  strides  of  Germany  in  dispos- 
sessing England  of  some  of  her  foreign  markets  are  partly       | 
attributable  to  the  fine  technical  and  trade  schools  which       | 
France  and  Germany  have  supported,  partly  through  public, 
partly  through  private  means.     So  far  as  can  be  learned,  the 

[224] 


Labor  Organizations  and  Trade  Instruction.  '  77 

trade-unions  in  these  countries  have  co-operated  with  the 
movement.  In  Paris,  as  I  am  informed  by  the  distinguished 
economist,  Professor  Levasseur,  there  are  twenty  trade- 
unions  that  are  affiliated  with  evening  trade  schools  for  the 
better  instruction  of  those  who  work  as  apprentices  during 
the  day.  The  reputation  of  Paris  in  millinery  and  dress- 
making is  surely  somewhat  sustained  by  the  eight  fine  schools 
for  training  girls  in  cutting,  fitting  and  artistic  designing. 
Belgium  has  also  developed  an  excellent  system  of  trade 
schools.  For  example,  at  Brussels  there  are  trade  schools 
in  the  building  trades,  tailoring,  printing,  watchmaking, 
etc.;  at  Liege,  in  iron  mining,  electrical  work,  etc.;  at 
Ostend,  in  ship  building  and  the  fisheries;  at  Ghent  and 
Verviers,  in  cotton  weaving  and  dyeing.  Most  of  these  schools 
have  night  and  even  Sunday  forenoon  sessions  for  those 
that  can  best  come  then  and  week-day  sessions  for  others. 
A  large  portion  of  the  pupils  are  regular  apprentices,  and, 
what  is  most  vital,  they  are  thoroughly  taught.  There  is 
DO  pretence,  as  in  some  American  schools,  to  teach  all  of  a 
trade  in  three  evenings  a  week  for  six  months.  The  even- 
ing school  course  for  journeymen  weavers  at  Enschede,  Hol- 
land, is  six  school  months  each  year  for  six  years.  In 
the  United  States  Consular  Report  for  October,  1893,* 
are  interesting  accounts  of  trade  instruction  in  Europe. 
Our  Consul  at  Rotterdam,  Mr.  William  E.  Gardner, 
thus  writes:  "Next  to  educators  themselves,  employ- 
ers of  skilled  labor  are  the  most  pronounced  advocates 
of  trade  schools,  which  do  not  cheapen,  as  these  men 
testify,  but  only  improve  the  grade  of  skilled  labor,  making 
it  not  merely  profitable  to  the  employer,  but  more  market- 
able. The  old  adage  that  *  there  is  room  at  the  top*  is 
proved  anew  in  the  experience  of  the  country  thus  far  with 
its  trade-school  graduates.  Strangely  enough,  as  it  will 
appear  to  Americans,  there  is  not,  on  the  part  of  journeymen 
mechanics,  any  serious  protest  against  an  increase  of  skilled 
•P|Ki»y-j87. 

["5] 


78  Annals  of  the  American  Academy. 

workers,  for  two  reasons:  (i)  There  is  not  in   the  Neth- 
erlands, as  in  England  and  the  United  States,  the  com- 
pact labor  organization  to  crystallize  and  make  public  anyj 
latent  objection   that  may  exist;  and  (2)  the  older  shop- 
trained  mechanic,  from  whom  opposition  would  be  naturally  1 
expected,  is  probably  also  the  father  of  a  boy  or  girl  who  is  i 
having  the  benefit  of  virtually   free  training  in  the  local] 
trade  school.     Thus  is  the  disadvantage  of  the  school  in  its] 
relation  to  him  as -a  mechanic  quite  offset  by  its  advantage] 
in  its  relation  to  him  as  a  father;  and,  on  the  whole,  he  has 
no  fault  to  find."     In  view  of  the  favor  shown  to  these  trade 
schools  by  such  labor  organizations  as  do  exist  in  Paris  andj 
elsewhere,  it  may  be  safely  said  that  the  second  of  the  abovt 
two  reasons  is  far  more  important  than  the  first. 

The  recent  report  of  the  United  States  I^abor  Commis-j 
sioner  on  Industrial  Education  is  an  invaluable  presentation] 
of  the  great  work  of  European  trade  schools.     Nowhere  in  I 
all  the  report  is  there  a  hint  of  trade-union  opposition.     In 
Brussels  the  Typographical  Union  took  the  initiative  in 
establishing  a  trade  school.     After  five  years'  attendance, 
pupils  successful  in   the  examination    receive    a    diploma 
entitling  them  to  the  wages  of  a  skilled  workman.     The] 
governing  committee  of  the  school  is  equally  composed  of] 
workmen  and  employers.*    A  similar  school  was  started 
1886  by  the  Printers'  Union  at  Paris.     All  of  the  graduates,] 
says  the  report,  f  have  entered  into  positions  found  for  the 
by  this  union.     The  report  declares  that  the  considerable 
effort  of  the  past  twenty-five  years  to  raise  the  standard  of] 
trade  education  in  France  ' '  has  come  from  the  side  of  labor 
organizations,  industrial  employers ' '  and  private  and  benevo- 
lent institutions.!     The  report  also  declares,  in  speaking  of 
the  Belgian  trade  schools  :§  "The  value  of  these  institutions 

•  Eighth  Annual  Report  of  the  Commissioner  of  I^abor  of  the  United  States, 
p.  i9»- 
t  Page  277. 
$  Page  277. 
fPage  199. 

[226] 


Labor  Organizations  and  Tradb  Instruction.    79 

to  the  laboring  classes  can  hardly  be  overestimated.  They 
meet  the  needs  of  various  kinds  of  wage-earners.  Working- 
men's  children,  who  become  bread-winners  as  soon  as  the  fac- 
tory laws  allow,  and  even  before,  find  in  night  study  at  the 
industrial  schools  the  instruction  which  otherwise  they  would 
never  have  leisure  to  secure.  Older  men,  moreover,  discov- 
ering at  the  shop  what  they  lack  in  efficiency,  what  hin- 
drances bar  their  advancement,  what  influences  must  be 
counteracted,  start  in,  even  late  in  life,  to  supply  the  want 
by  systematic  training,  which  may  be  had  absolutely  \inth- 
out  cost.  Laborers  fifty  years  old  are  not  ashamed  to  seize 
such  tardy  opportunities,  and  numbers  of  workingmen 
assert  that  they  were  fathers  of  large  families  before  the 
chance  occurred  to  enter  on  this  coveted  instruction." 

The  nearest  approach  I  have  discovered  in  this  countr>'  to 
the  European  method  of  trade  instruction  is  in  connection  with 
instruction  in  plumbing  at  the  Pratt  Institute,  Brooklyn. 
**  The  Journeymen  Plumbers  'Association of  Brooklyn,"  says 
the  catalogue  of  1893-94,  "co-operates  in  the  direction  of 
these  classes.  At  the  end  of  a  two  years'  course,  a  committee 
of  the  association  examines  the  members  in  regard  to  both 
manual  skill  and  knowledge  of  trade  methods  and  awards 
certificates  to  those  showing  satisfactory  proficiency,  which 
certificates,  in  case  of  the  holder  aftenvard  applying  for 
admission  to  the  association,  are  accepted  in  place  of  the 
examination  of  like  character  otherwise  required.  In  the 
Januar>'  number  of  the  Pratt  Institute  Monthly  appears  this 
statement:  "The  evening  trade  classes  of  the  department 
represent  very  forcibly  the  change  of  attitude  which  practi- 
cal workmen  are  showing  toward  trade  schools.  Over  eighty 
per  cent  of  the  total  number  in  these  classes  are  engaged 
daring  the  day  at  practical  work  in  the  trades.  Many  of 
these  are  sons  of  mechanics  of  reputation  and  experience, 
while  in  many  cases  tlie  student's  presence  is  due  to  the 
older  associates  in  the  trade.  The  use  of  the  e\'ening  trade 
dasses  in  this  manner  has  been  encouraged  by  the  Institute^ 

[227] 


8o  Annals  of  the  American  Academy. 

which  holds  that  the  natural  work  for  these  classes  is  tc 
broaden  and  perfect  the  training  of  those  already  started 
the  trades,  while  the  day  classes  afford  the  true  opportunit 
for  training  beginners. ' ' 

In  this  connection  the  following  letter  from  the  head  ol 
trade  instruction   at   the    Pratt    Institute,    Brooklyn,    will 
interest:    "The  attitude  of  the  trade  organizations  toward 
the  trade  work  of  the  Institute  has  been  in  general  one  of 
armed  neutrality.      With  the   exception    of  those  trades_ 
involving  the  most  ignorant  labor,   viz.,   plastering  an( 
bricklaying,  we  have  never  met  with  active  opposition  froi 
trade  organizations.     In  the  cases  above  mentioned, 
unions,   on  two  occasions,   threatened  to  take  away  ot 
instructors,  who  were  journeymen,  but  in   each  instance,1 
the  matter  was  amicably  adjusted.     Any  opposition  to  the* 
work  of  the  school  is,  of  course,  felt  in  resistance  to  the 
employment  of  its  graduates  and  this  has  varied  greatly  in 
the  various  trades.     In  plastering   and  bricklaying,    this 
opposition  has  always  been  quite  strong  and  compelled  the 
graduate  to  commence  work  in  some  small   place  out  of 
town  and  after  a  while  to  return   to   Brooklyn   and  join 
the  union,  which,  under  these  circumstances,  was  easily 
done. 

' '  In  the  plumbing  class,  most  of  our  students  have  been 
apprentices  before  coming  to  the  school,  and  with  those  who 
are  not,  it  has  been  the  practice  to  afterward  obtain  an  open- 
ing as  an  apprentice  and  then,  after  a  short  time,  take  the 
examination  which  the  rules  of  the  Journeymen' s  Associa- 
tion provide  for  and  gain  their  standing  as  journeymen. 
The  journeymen  would,  as  a  rule,  I  think,  like  to  shut  out 
these  latter  school-trained  men,  but  they  know  that  they  are 
powerless  to  do  so  and  largely  in  consequence  of  this  they 
have  come  into  a  working  co-operation  with  the  Institute  in 
the  direction  of  the  plumbing  classes — the  first  time,  as  far 
as  I  am  aware,  that  a  journeymen's  organization  has  come 
into  co-operation  with  trade-school  movement. 

[228] 


Labor  Organizations  and  Trade  Instruction.    8i 

' '  The  members  of  the  carpentry  classes  have  had  little 
difficulty.  They  have  not  brought  forward  their  school 
training  among  the  workmen,  but  they  have,  almost  without 
exception,  very  quickly  secured  good  openings  at  very  favor- 
able wages.  I  think  there  is  very  little  prejudice  among  the 
carpentry  trade  against  the  trade  schools.  In  machinery'  it 
is  much  the  same.  The  students  are  obliged  to  start  at 
smaller  wages  but  their  progress  is  rapid.  They  are  liable 
to  meet  at  first  with  prejudice  from  the  workmen,  but  in  no 
case  have  I  known  of  active  opposition.  With  printers  I 
have  not  so  much  data  because  we  deal  almost  entirely  with 
apprentices  and  even  with  jotuTieymen." 

Relative  to  the  median  ical  trade  schools  of  the  master 
builders  of  Philadelphia,*  one  of  the  managers  wrote,  me  in  the 
summer  of  1893,  ^s  follows:  **  At  the  opening  of  the  schools, 
three  years  since,  the  attitude  of  some  of  the  principal  trade 
associations  was  entirely  hostile.  They  claimed  that  the  Ex- 
change established  the  schools  to  render  their  members  inde- 
pendent of  any  agitation  in  regard  to  wages,  by  training  for 
trades  only  such  as  they  chose,  and  that  the  policy  of  refusing 
to  admit  the  sons  of  journeymen  would  be  adopted.  Claiming 
also  that  it  was  intended  to  teach  trades  in  less  than  the  usual 
time,  they  stated  emphatically  that  the  shop  was  tlie  only 
school,  that  no  trade  could  be  learned  in  less  than  four  years, 
and  that  employers  were  themselves  responsible  for  keeping 
American  boys  out  of  trades.  None  of  these  statements  had 
any  foundation  in  fact,  but  their  influence  was  such  that, 
outside  the  membership  of  the  Exchange,  it  was  almost  im- 
possible for  our  graduates  to  obtain  entrance  into  trades,  and 
the  attendance  on  some  trades  during  the  second  term  was 
reduced  more  than  one-half. 

'  *  The  Exchange  would  be  glad  to  work  in  harmony  with 
the  various  associations  for  the  general  improvement  of  both 
apprentices  and  journeymen.      But  where  rules  exist  to 

*  For  a  good  account  of  this  school  and  of  apprenticeship  generally  in  the  buiki- 
iag  tzmdes,  sec  Journal  of  Btlituat  Economy,  June,  1894,  article  by  Gca  C.  SUcesi 

[229] 


82  Annals  of  the  American  Academy. 

iuterfere  with  proposed  work  it  cannot  take  the  initiative  in 
proposinj;  to  modify  them.  This  has,  however,  been  done 
vohmtarily  b\'  one  of  the  principal  associations,  the  brick- 
layers, and  after  a  conference  the  points  conceded  were  that 
preference  wonld  Ixi  given  to  gradnates  from  the  schools,  and 
in  conseipience  of  their  holding  certificates  their  term  of 
aj)prenticeshii)  wonld  l)e  shortened  one  year.  Other  trades 
have  not  shown  tlie  same  foresight  and  still  retain  rules  which 
might  be  modified  if  the  objects  sought  w^ere  fully  explained, 
:ls  they  might  be  in  a  conference  of  committees. 

' '  There  can  be  no  doubt  of  either  the  value  or  the  practi- 
cability of  trade  instruction,  avoiding,  however,  the  attempt 
to  teach  too  much  in  a  short  time.  Up  to  the  present  time 
the  schools  are  limited  to  the  instruction  of  apprentices.  For 
them,  under  the  changed  condition  of  apprenticeship,  there 
is  only  the  opportunity  to  learn  from  observation.  Only  in 
exceptional  cases  are  journeymen  willing  to  teach  them,  and 
there  is  consequently  no  regular  system  of  instruction,  the 
rules  of  the  associations  simply  stating  that  apprentices  shall 
be  afforded  every  opportunity  of  acquiring  their  trades. 
That  this  is  unsatisfactory  is  shown  by  the  number  of  young 
men,  already  apprentices,  who  fill  whatever  vacancies  remain 
in  the  classes,  and  applications  received  from  journeymen  of 
several  years'  experience  who  recognize  the  fact  that  '  pick- 
ing up '  a  trade  leaves  them  the  inferiors  of  younger  men  who 
have  acfjuired  lK)th  method  and  manual  skill."  Others  of 
the  managers  more  emphatically  testify  their  conviction  of 
the  growing  friendliness  to  the  school  of  the  Philadelphia 
tradc-niiioii^. 

Mr.  I'.  J.  McGnire,  general  secretary  of  the  United 
liiotherli'xxl  of  Carpenters  and  Joiners  of  America,  and  a 
rt-sideiit  of  Philadel])hia,  thus  writes  relative  to  the  Phila- 
di-lpliia  and  New  York  schools:  "While  there  has  been  no 
•  .ffii  ial  h.;Ntilily  on  the  ])art  of  labor  organizations  toward  the 
.Me<h;inical  Trade  School  of  the  Philadelphia  Builders'  Ex- 
:hani;e.  still  there  is  an  undercurrent  of  ill-feeling  against 

[230] 


Labor  Organizations  and  Trade  Instruction.    83 

it  The  members  of  labor  organizations  had  the  impression 
that  the  management  of  such  a  trade  school  under  the  aus- 
pices of  the  Builders'  Exchange  was  undertaken  purely  out 
of  hostility  to  the  trade-unions  and  with  a  view  to  their 
injury.  Quite  an  influential  element  of  these  organizations, 
nevertheless,  is  of  the  opinion  that  mechanical  trade  schools 
are  merely  primary  and  elementary  and  largely  theoretical; 
hence,  they  cannot  materially  injure  labor  organizations  nor 
bring  the  graduates  of  these  schools  into  very  active  compe- 
tition with  mechanics  trained  imder  a  practical  apprenticeship 
system. 

After  the  pupil  leaves  the  trade  school  and  goes  out 
on  a  building,  he  has  to  practically  apply  the  knowledge 
he  has  acquired  in  the  trade  school  and  sometimes  has  to 
unlearn  much  of  that  which  he  has  been  taught.  Had  these 
mechanical  trade  schools  been  imdertaken  by  the  State  or 
mimicipality,  there  would  not  be  such  manifest  opposition  to 
them  on  the  part  of  organized  labor.  The  late  Colonel 
Auchmuty's  efforts  were  combatted  by  the  trade  unions, 
because  he  went  to  the  employers  and  contractors  for  co-op- 
eration and  encouragement  and  solicited  their  endorsement 
on  the  special  plea  that  graduates  from  these  trade  schools 
could  work  cheaper  and  be  free  horn  the  control  of  the  trade- 
unions.  He  went  out  of  his  way  to  charge  that  the  trade- 
tmions  were  managed  and  run  by  foreigners  and  that  Ameri- 
can boys  were  excluded  from  learning  trades  by  the  efforts 
of  foreign  trade-unionists.  These  ill-ad\'ised  remarks  on  his 
part  created  a  sturdy  prejudice  among  organized  workmen 
against  Colonel  Auchmuty. 

"The  allegations  in  a  recent  issue  of  the  Century  are 
untrue  generally.  There  is  no  restriction  in  our  organiza- 
tion nor  in  the  bulk  of  trade-unions  to  keep  the  American 
boy  graduates  from  the  trade  school  from  joining  a  trade- 
union  or  working  beside  a  trade-union  man.  There  are  very 
few  trades  now  which  have  apprentice  '  rules  to  exclude  the 
American  boy  from  learning  a  trade  as  an  apprentice  in 


84  Annals  of  the  American  Academy. 

favor  of  badly  trained  foreigners  who  are  daily  admitted  to 
the  unions.'  " 

Aprc)ix).s  of  Mr.  McGuire's  suggestion  of  public  technical 
schools  to  supplement  manual  training  schools,  it  may  be 
stated  that  in  Europe  many  of  the  trade  schools  were  started 
by  private  aid,  but  by  far  the  larger  part  are  now  managed  or 
sui>ervised  by  the  State,  while  the  entering  wedge  to  a  simi- 
lar development  in  this  countr}^  has  already  been  driven  in 
the  su]>port  by  taxation  of  our  State  agricultural  colleges, 
whicli  teach  not  only  the  trade  of  farming  but  also  in  many 
cases,  engineering  and  some  of  the  mechanic  arts.  In  Chi- 
cago and  very  likely  in  a  few  other  cities  many  apprentices 
among  stone  cutters  and  other  trades  requiring  drawing  take 
lessons  in  a  Turner  hall  from  nine  to  twelve  Sunday  morn- 
ings, but  the  expense  and  distance  from  home  if  not  religious 
scruples  keep  away  many.  There  is  great  need  of  public 
technical  instruction. 

Mr.  M.  H.  Madden,  president  of  the  Illinois  State  Federa- 
tion of  Labor,  previously  quoted,  expresses  the  opinion  of 
many  American  trade-unionists  when  he  writes:  "  You  ask, 
do  the  Illinois  trade-unions  refuse  to  admit  to  membership 
any  graduates  of  a  good  trade  school,  like  Purdue,  or  would 
the  unions  refuse  to  admit,  if  .such  a  person  should  apply  for 
membership.  The  an.swer  to  this  would  depend  somewhat 
upon  circumstances  and  .somewhat  upon  the  trade  involved. 
In  many  trades  the  question  would  be  one  of  competency 
only,  which  would  be  ascertained  by  examination  or  example 
of  work.  In  other  trades,  .such  as  engineering,  the  trade 
insists  on  recruits  coming  along  the  line  of  gradual  promo- 
tion. This  makes  the  journeyman  out  of  the  .stoker  appren- 
tice. Hence,  trade  .schools  or  manual  training  in.stitutions 
m\yh{  not  l)e  recognized  as  furnishing  the  field  for  this  sort 
of  a  plant." 

Wry  si.:.Miifi(ant  in  relation  to  the  attitude  of  our  unions 
towrird  \>'>{h  to  trade  instruction  and  immigrant  labor  were 
the  re^)lutions  pa.ssed  in  the  November,  1893,  convention  of 

[232] 


Labor  Organizations  and  Trade  Instruction.    85 

the  Illinois  Federation  of  Labor,  on  motion  of  a  delegate 
from  the  Painters'  District  Council  of  Chicago: 

•*  Whbrbas,  owing  to  the  defective  apprenticeflhip  sjstem  of  thi« 
country  U^e  standard  of  skill  of  the  American  mechanic  is  not  what  it 
should  be  in  trades  where  active  ability  is  required,  and 

**Wh^eas,  in  all  industries  throughout  this  great  land  aliens  per- 
form the  most  skillful  part  of  the  work,  and 

"  IVh^reas,  drawing  and  designing  are  the  fundamental  principles 
of  all  trades  of  handicraft,  be  it 

'* Resolved,  that  this  convention  advocate  the  perfecting  of  an  appren- 
tice law  that  will  protect  the  apprentice  and  tend  to  raise  the  standard 
of  skill  of  the  American  workmen  up  to  that  degree  now  enjoyed  by 
our  brothers  across  the  sea  ;  and  to  this  end  be  it 

*^ Resolved,  that  we  demand  of  the  public  schools  throughout  the 
State  the  establishment  of  classes  in  night  schools,  whereby  those  who 
work  during  the  day  at  their  various  trades  can  obtain  instruction  in 
the  art  of  free-hand,  ornamental  and  mechanical  drawing.** 

The  fears  of  many  trade-imionists  with  regard  to  trade 
schools  are  forcibly  stated  in  a  letter  from  Mr.  Samuel  Gom- 
pers,  president  of  the  American  Federation  of  Labor. 
He  holds  that  the  Baron  de  Hirsch  Trade  School,  as  well  as 
the  other  trade  schools  in  New  York  City,  are  only  working 
great  injury  to  the  American  wage- worker.  Mr.  Gompers 
writes:  "  It  is  not  only  ridiculous  but  positively  wrong  for 
trade  schools  to  continue  in  their  turning  out  '  botch  '  work- 
men who  are  ready  and  willing,  at  the  end  or  their  so-called 
'  graduation, '  to  take  the  places  of  American  workmen  far 
below  the  wages  prevailing  in  the  trade.  With  practically 
half  of  the  toiling  masses  of  our  cotmtry  unemployed,  the 
continuance  of  the  practice  is  tantamount  to  a  crime." 

The  nub  of  the  difl5culty  is  evidently  that  which  was  pre- 
sented in  the  report  for  1886  of  the  New  York  Bureau  of 
Labor  Statistics,  by  the  secretary  of  one  of  the  trade-unions  : 
•  •  I  believe  in  all  jounieymen  and  apprentices  being  con- 
nected with  the  unions.  If  a  boy  become  a  full-fledged  me- 
chanic in  a  technical  school,  he  would  not  know  anything 
about  unions,  nor  would  he  have  any  sympathy  with  their 
rules  and  regulations." 

[»33] 


86  Annai^  of  ths  American  Academy. 

Cannot  this  difficulty  be  obviated  in  public-supported 
trade  schools,  or  in  schools  affiliated  with  trade-unions 
possibly  in  some  such  way  as  in  Paris,  Belgium,  or  in 
the  Pratt  Institute  schools  hitherto  mentioned,  where  the 
pupil  in  the  trade  school  afterward  becomes  an  apprentice  for 
a  short  time,  or  is  an  apprentice  even  during  his  trade  life  ? 
In  fact,  may  not  the  present  few  American  trade  schools  be 
animated  by  a  more  friendly  spirit  toward  organized  labor 
and  be  deserving  of  more  kindly  consideration  in  return 
than  is  assumed  by  some  trade-unions? 

Says  the  New  York  Herald  of  May  28,  relative  to  the 
Hebrew  Trade  School  just  mentioned,  in  an  article  endorsed 
by  the  managers  of  the  School: 

"  In  this  city  there  exists  a  trade  school  whose  policy  is 
directly  in  accord  with  organized  labor,  and  that  is  the 
Baron  de  Hirsch  Trade  School,  at  No.  225  East  Ninth 
street.  This  school  has  been  in  operation  for  nearly  a  year 
and  is  one  of  the  works  founded  by  means  of  the  fund  con- 
tributed by  Baron  de  Hirsch  for  the  amelioration  of  the  con- 
dition of  Russian  Jewish  immigrants. 

* '  The  management  of  this  school  deserves  the  hearty  sup- 
port of  every  trade-imionist  in  the  city.  It  does  a  good  and 
necessary  work  for  the  Russian  immigrants  without  interfer- 
ing in  any  way  with  established  standard  of  wages  or  hours, 
simply  by  adopting  the  aims  and  methods  of  organized 
labor.  Every  pupil  is  strongly  urged  to  join  the  union  of 
his  trade  immediately  upon  graduating,  and  not  content 
with  this  passive  indorsement  of  trade-unions,  the  managers 
have  instituted  a  Saturday  evening  course  of  lectures  upon 
social,  political  and  industrial  questions,  which  includes 
lectures  upon  the  objects  and  methods  of  labor  organiza- 
tions." 

The  manager  of  these  Baron  de  Hirsch  trade  schools  thus 
writes  me: 

'*  My  impression  is,  that  the  labor  leaders  who  reflect  upon 
the  trade  school  problem  are  much  more  friendly  now  than 

[234] 


Labor  Organizations  and  Trade  Instruction.    87 

they  were  formerly;  they  are  beginning  to  see  that  trade 
schools  are  a  fixture  in  this  country  and  that  it  is  the  part 
of  wisdom  for  them  to  take  trade  schools  graduates  into  their 
organizations  as  friends,  instead  of  leaving  them  on  the  out' 
skirts  as  enemies.  Their  hostility  should  be  directed  not  to 
trade  schools,  but,  if  anywhere,  to  unrestricted  immigration. 
The  few  men  graduated  by  the  trade  schools  are  as  '  a  mere 
drop  of  water  in  a  bucket '  as  compared  to  the  thousands  of 
mechanics  from  Europe,  who  pour  into  this  country  annu- 
ally; how  wrong,  therefore,  for  American  mechanics  to  shut 
oflf  from  their  own  children  the  advantages  of  a  trade  school 
in  the  face  of  this  unrestricted  immigration. 

'  *  There  is  no  doubt  in  my  mind  about  the  practicability 
of  trade  school  instruction;  I  can  point  out  a  graduate  of 
these  schools  from  the  Carpentry  Department  who  knew 
nothing  about  carpentry  when  he  came  here,  about  eight 
months  ago;  to-day  he  is  earning  about  twelve  dollars  per 
week  in  an  establishment  where  first-class  joinery  work  only 
is  done.  So  there  are  numerous  examples  in  our  different 
departments.  We  are  mere  beginners.  We  do  not  pretend 
to  *  turn  out  *  finished  mechanics  in  six  months  or  a  year, 
any  more  than  a  law  college  *  turns  out  *  lawyers  in  two 
years,  or  a  medical  college  '  turns  out '  doctors  in  the  same 
time;  it  takes  years  of  hard  work  and  study  to  make  a 
mechanic,  or  a  lawyer,  or  doctor — after  they  leave  their 
schools  of  instruction. 

**  The  talk  of  our  one  hundred  annual  graduates  under- 
mining American  workmen  by  working  for  wages  below  that 
generally  prevailing  in  trade  is  a  mistake,  a  radical  error, 
foimded  on  ignorance;  these  few  men  are  being  absorbed  in 
this  country  far  more  easily  than  moisture  by  the  dryest 
sponge.  I  find  our  graduates  insist  on  getting  good  wages; 
and  they  generally  succeed  in  getting  them  in  time,  pro- 
vided they  have  been  taught  a  trade  which  is  adapted  to 
their  physical  and  mental  attainments;  some  men  are  adapted 
for  one  thing  and  some  for  another;  thus,  it  is  an  error  to 


88  Annals  of  the  American  Academy. 

have  a  small  boy  taught  carpentry,  for,  a  carpenter  should 
be  a  strong  man,  capable  of  handling  a  heavy  plank. 

"  Again,  it  is  still  a  question  in  my  mind  as  to  what  trades 
are  best  adapted  for  trade-school  instruction;  I  am  satisfied 
that  carpentry-,  wood-turning,  cabinet  work,  carving,  plumb- 
ing, house  and  sign  painting  are  so  adapted;  doubtless,  also 
brickwork,  masonry,  stone  cutting  and  blacksmithing  are 
likewise  so,  though  our  schools  have  not  yet  adopted  the 
same  for  lack  of  room.  I  am  thoroughly  convinced  that 
labor  organizations  have  nothing  to  fear  from  trade  schools 
and  their  products;  of  a  hundred  men  who  enter  our  trade 
schools,  we  do  not  graduate  ten;  the  remainder  become  tired  of 
the  work  which  we  make  them  do;  the  result  is  that  the  other 
ninety  per  cent  who  leave  us  enter  some  common  labor  pur- 
suit where  they  are  apt  to  cut  down  wages  of  labor,  whereas, 
had  they  remained  in  our  schools,  we  would  have  made  in- 
dependent mechanics  of  them,  who  would  be  amongst  the 
first  to  uphold  the  scale  of  wages.*' 

The  Auchmuty  School  in  New  York  has  in  twelve  years 
sent  out  over  4000  more  or  less  trained  mechanics,  and  just 
before  the  recent  death  of  its  founder  received  $500,000  en- 
dowment fi-om  Pierrepont  Morgan.  The  prospectus  declares 
three  months  to  be  sufficient  in  the  day  classes  to  graduate 
young  men  who  in  the  school  become  "possessed  of  the 
skill,"  though  not,  it  is  elsewhere  admitted,  of  the  speed 
**  of  the  average  journeyman  and  have  a  wider  knowledge  of 
the  trade  in  all  its  branches. ' '  Colonel  Auchmuty  wrote  in 
the  Century  of  January,  1889:  "  lyiving  is  made  dearer, 
the  poor  are  made  poorer  by  union  rules.  In  nearly  all  call- 
ings where  skilled  labor  is  required,  it  can  safely  be  asserted 
that  a  journeyman  receiving  four  dollars  a  day  and  working 
with  a  trade-school  graduate  at  two  dollars  a  day  could 
produce  as  much  as  two  journeymen  now  do  for  eight  dollars 
— a  saving  in  cost  of  two  dollars,  or  twenty-five  per  cent." 

No  wonder  that  any  such  effort  to  benefit  the  employer  or 
the  consumer  at  the  expense  of  wages  was  opposed  by  the 

[236] 


Labor  Organizations  and  Trade  Instruction.    89 

trade-unionist.  It  is  sound  economic  policy  for  the  worker 
to  prefer  high  wages  to  sharing  as  part  constuner  of  his  pro- 
ducts in  the  cheapness  that  might  result  from  lower  wages. 

But,  as  hitherto  suggested,  organized  labor  might  possibly 
arrange  with  the  Auchmuty,  as  has  already  been  done  to 
some  degree  with  other  schools,  as  just  shown  in  Boston, 
Brooklyn  and  Philadelphia,  to  examine  the  graduates  of  the 
school  and  to  apprentice  them,  with  such  shortening  of  the 
time  of  apprenticeship  as  the  work  done  in  the  school  would 
justify.  In  this  way,  too,  the  trade-school  graduate  would 
be  brought  into  a  knowledge  of  labor  organizations,  with 
the  same  prospect  of  becoming  a  member  on  completing  his 
apprenticeship  as  is  true  of  the  ordinary  apprentice.  From 
the  letter  of  the  secretary  of  the  National  Trades  Building 
Association  quoted  below,  it  would  appear  that  already  in 
some  trades  an  amicable  agreement  between  the  Auchmuty 
School  and  some  trade-unions  has  been  secured. 

The  trade-unionist  who  believes  in  apprenticeship  but  fears 
the  trade  school  should  notice  that  the  former  is  also  a  kind 
of  school  wherein  the  journeyman  more  or  less  imperfectly 
teaches  the  trade  to  his  helper,  and  that  the  trade  school,  put 
on  the  basis  urged  in  this  paper,  can  here,  as  already  abroad, 
help  rather  than  hurt  the  apprenticeship  system  and  make  it 
again  a  strong  factor  in  human  progress.  Many  employers 
of  labor  and  those  mterested  in  endowing  or  managing  pri- 
vate trade  schools,  to  say  nothing  of  those  to  be  founded,  I 
trust,  by  the  State  and  by  organized  labor,  might  here  as  in 
Europe,  be  glad  to  co-operate  in  this  use  of  the  trade  school 
to  more  thoroughly  train  the  regular  apprentice,  whether  of 
American  or  foreign  birth.  Mr.  Gompers,  whose  severe 
words  upon  New  York  trade  schools  were  just  quoted,  has, 
since  hearing  of  the  nature  of  the  European  trade  schools, 
expressed  to  the  writer  his  hearty  indorsement  of  the  idea, 
stating  that  he  and  his  fellow  American  trade-unionists 
hold  that  no  skill  or  knowledge  is  too  great  to  be  desired  by 
the  members  of  our  organizations. 

[237] 


90  Annals  op  the  American  Academy. 

The  Plumbers'  Union  of  Boston  refused  to  let  one  of  thei 
members   teach   in   a   plumbing   school.     But    the    Maj 
Builders'  Association  and  the  Bricklayers'  Unions  of  Bostoj 
and  vicinity  have  taken  a  great  step  forward  in  solving  thi^ 
matter   of  trade   instruction   by  placing  the  supervision  oi 
apprenticeship   in   the   hands   of  a  joint   committee   of  th^ 
above  organizations  of  empldyers  and  employed.     The  a] 
prentice  when  taken  must  be  between  sixteen  and  twenty-oi 
years  of  age  and  be  able  to  read  and  write  the  English  h 
guage.     He  must  serve  three  years  and  until  twenty-one 
The  employer  must  give   ' '  legitimate  instruction  ' '   durind 
the  entire  time.     The  joint  committee  relieves  the  employ 
of  an  unfaithful  apprentice  and  takes  away  a  good  appre 
tice  from  an  unfaithful  employer,  and  adjusts  all  difFerenc 
and  sees  to  it  that  the  apprentice  receives  his  pay  and  thj 
he  has  properly  completed  his  apprenticeship.     Without 
certificate  in  this  last  point  from  the  joint  committee, 
worker  cannot  join  the  Bricklayers'  Union,  membership 
which  seems  to  be  necessary  for  employes  of  the  Buildei 
Association. 

The  admirable  agreement  closes  with  the  following  pr( 
vision,  though  no  such  trades  school  as  is  there  mentioned 
appears  to  be  as  yet  in  operation  in  Boston:  "  Recognizing 
the  fact  that  special  instruction  in  the  fundamental  features 
of  the  bricklaying  trade  (which  instruction  shall  comprehend 
education  of  both  mind  and  hand,  so  that  the  individual 
shall  gain  a  proper  knowledge  and  strength  of  materials,  and 
of  the  science  of  construction)  is  of  as  much  importance  as 
special  instruction  in  other  trades  or  professions,  and,  real- 
izing that  the  chances  of  an  apprentice  to  get  as  much 
instruction  as  he  is  entitled  to,  while  at  work  on  buildings, 
are  necessarily  limited,  the  parties  to  these  rules  agree  that 
they  will  join  in  an  effort  to  establish  an  institution  in  this 
city  where  all  the  trades  shall  be  systematically  taught;  that 
when  such  school  is  established  they  will  unite  in  the  over- 
sight and  care  of  the  same  and  will  modify  these  rules  so  that 

[238] 


Labor  Organizations  and  Trade  Instruction.    91 

a  reasonable  deduction  shall  be  made  from  the  term  of  an 
apprentice  by  virtue  of  the  advantage  gained  through  instruc- 
tion in  said  school." 

The  secretary  of  the  National  Association  of  Builders, 
thus  writes  me  from  his  oflSce,  166  Devonshire  street,  Boston: 
"Some  difficulty  was  experienced  in  securing  the  co-opera- 
tion promised  by  the  union,  which  was  caused  by  the  fear  of 
the  workmen  that  employers  would  avail  themselves  of  the 
services  of  apprentices  at  a  less  rate  of  wages  than  is  paid  to 
journeymen,  which  action  would  have  operated  to  the  detri- 
ment of  the  latter.  All  opposition  to  trade  instruction 
ceased,  however,  upon  the  adoption  of  the  enclosed  agree- 
ment [just  quoted] .  The  experience  of  the  Master  Builders' 
Exchange  of  Philadelphia  has  proved  that  when  the  purpose 
of  trade  instruction  as  advocated  by  this  association  has 
been  understood,  opposition  on  the  part  of  the  unions  has 
changed  to  co-operation.  The  Bricklayers*  Union,  the  most 
powerful  organization  of  workmen  in  that  city,  is  actively 
assisting  the  effort  of  the  Master  Builders  in  the  trade  school 
work;  and  other  tmions  have  followed  their  example.  The 
earnest  efforts  of  the  late  Colonel  R.  T.  Auchmuty,  of  the 
New  York  trade  schools,  had  practically  overcome  the  oppo- 
sition by  the  unions  of  New  York  City  to  trade  training 
[not  quite  true,  we  have  seen,  so  far  as  concerns  the  Auch- 
muty School] ,  and  at  present,  a  number  of  the  classes  have 
committees  of  inspection  appointed  from  the  unions  of  the 
respective  trades.  There  is  a  small  school  in  existence  in 
Rochester,  under  the  supervision  of  the  Builders'  Exchange, 
which  is  favored  by  the  workmen,  and  many  similar  in- 
stitutions are  projected  by  the  filial  bodies  of  this  associ- 
ation." 

If  trade  schools  were  general,  covering  most  of  the  com- 
mon trades,  their  influence  upon  wages  would  be  beneficial, 
for  increased  skill  would  mean  increased  capacity  to  earn  high 
wages,  which  after  being  earned,  labor  organizations  might 
be  trusted  to  secure  for  their  members. 

[239] 


92  Annals  of  the  American  Academy. 

Again,  with  the  increased  artistic  training  of  the  workmen 
would  come  an  increased  demand  for  the  production  of  pro- 
ducts to  satisfy  those  wants  and  there  would  also  come  the 
demand  for  wages  with  which  to  buy  them.  This  would  mean 
a  higher  standard  of  comfort  and  of  wages.  The  experience 
of  the  best  institutions  that  have  tried  to  teach  trades  in 
Europe,  shows  that  a  trade  may  be  learned  somewhat  quicker 
as  well  as  far  better  at  a  trade  school,  followed  or  accom- 
panied by  a  year  of  practical  work.  This  would  leave  the 
apprentice  or  learner  free  to  remain  longer  by  at  least  two 
years  in  the  public  schools.  Anything  that  will  allow  of  our 
youth  remaining  in  schools  where  the  manual  and  mental  are 
properly  co-ordinated,  until  the  child  is  sixteen  or  seventeen, 
ought  to  be  welcomed  by  every  wage-earner  as  a  means  of 
first  giving  such  person  that  wider  culture  which  is  one  of 
the  greatest  goals  of  modem  democracy,  and,  second,  of  rais- 
ing the  ambition  and  intelligence  which  shall  lead  to  a  higher 
standard  of  living  and  to  a  wise  use  of  such  agencies  as 
organization  and  State  activity.  When  asked  if  trade  schools 
would  not  increase  competition  with  workmen  who  are  now 
already  in  the  field.  President  Smart,  in  the  address  already 
referred  to,  thus  replied:  *'  Is  it  possible  that  there  is  a  man 
in  this  country  who  is  afraid  of  the  competition  of  his  own 
child  ?  If  there  is  such  a  one,  I  think  I  can  give  him  a  good 
answer.  My  answer  is  this:  The  meanest  form  of  competi- 
tion which  a  good  workman  has  to  contend  with  is  the  com- 
petition which  comes  from  a  man  who  has  spent  little  or  no 
time  in  learning  his  business,  and  who  therefore  produces  an 
inferior  job  of  work  at  a  lower  price.  This  is  the  only  form 
of  competition  which  a  good  workman  need  fear.  If  a  man 
does  as  good  a  job  as  you  do,  he  will  charge  a  fair  price  for 
it."  I  fully  believe,  with  Professor  MacAlister,  that  the 
trade  schools  have  to  come  and  that  trade-unions  can  so 
shape  the  movement  as  to  get  benefit  rather  than  harm  firom 
it,  and  that  they  need  have  no  more  fear  that  an  increase  in 
the  nimiber  of  workers  will  reduce  the  wages  for  skill  than 

[240] 


I^ABOR  Organizations  and  Trade  Instruction.    93 

have  teachers  and  lawyers  that  an  increase  in  their  number 
will  reduce  their  fees,  or  than  the  capitalist  has  that  the 
increase  in  the  amount  of  wealth,  though  it  lower  the  rate 
of  interest  on  the  dollar,  will  lower  the  profit  of  the  capital- 
ist. With  an  increase  of  trade  skill,  a  unit  of  skill  may 
conceivably  get  less  pay  than  now,  though  that  is  by  no 
means  certain,  in  view  of  the  greater  demand  for  products 
which  the  more  highly  trained  classes  of  wage-earners  will 
I  have.  The  increased  demand  for  products  would  of  course 
jmean  an  increased  demand  for  labor  to  produce  them.  But 
even  if  we  admit  that  trade  schools  would  slightly  lessen  the 
reward  of  the  unit  of  skill,  as  the  increase  of  wealth  lessens 
the  rate  of  interest,  yet  there  will  be  so  much  greater  amount 
of  skill  in  society  as  a  whole  that  the  wage- worker,  like  the 
capitalist,  will  find  his  earnings  greater  than  when  skill  was 
less  extensive  and  diffused.  In  other  words,  his  condition, 
even  at  the  worst,  is  likely  to  be  analogous  to  that  of  capi- 
talist who  formerly  could  earn  ten  per  cent  on  his  one  thou- 
sand dollars  and  now  earns  say,  six  per  cent,  but  has,  say, 
three  thousand  dollars  invested,  so  that  his  total  earnings 
wotild  now  be  eighteen  hundred,  where  they  were  formerly 
only  one  thousand  dollars.  Organized  labor  should  treat  this 
question  in  a  broad  and  liberal  spirit,  bearing  in  mind  that 
in  the  long  run  trade  exclusiveness  and  selfishness  will  not 
be  as  wise  as  a  broad  sympathy  that  should  not  only  include 
those  more  fairly  skilled,  but  the  vastly  greater  mass  of  com- 
paratively unskilled  because  untaught  humanity  all  about  us. 

Edward  W.  Bemis. 

Umhmrntjf  9/  Chicago. 


MORTGAGE  BANKING  IN  RUSSIA. 

Russia  and  America  are  alike  in  as  many  respects  as  th" 
are  different.  There  is  the  same  vastness  of  territory,  the 
same  severity  and  variety  of  climate,  a  similar  conglomera- 
tion of  people  and  races,  the  same  undeveloped  nat 
resources,  and  necessity  of  capital  and  skill  to  take  adyi 
tage  of  them. 

The  paternal  government  of  Russia  and  the  enterprise 
her  German  citizens  have  given  her  a  number  of  large  fin 
cial  institutions,  however,  to  make  real  estate  loans,  which 
it  is  my  object  to  describe  here,  because  it  is  the  lack  of  such 
institutions  in  the  United  States,  which  is  chiefly  to  blame 
for  the  enormous  rates  of  interest  revealed  by  the  census 
mortgage  statistics  of  1890,  recently  published.* 

As  a  rule,  the  rate  of  interest  on  mortgages,  as  well  as 
the  rate  on  public  loans  of  any  community,  will  indicate  its 
economic  condition,  but  the  mortgage  statistics  published 
this  year  for  Russia  show  that  with  a  strained  public  credit, 
an  inconvertible  paper  currency,  an  ignorant  population,! 
an  unenterprising  upper  class,  and  the  entire  absence  o^HI 
middle  class,  Russia,  as  far  as  her  mortgage  statistics  dll 
concerned,  still  compares  favorably  with  the  United  States. 

As  in  the  United  States,  so  also  in  Russia,  it  is  the  richest 
and  most  prosperous  localities  that  have  the  heaviest  mort-  ^ 
gage  indebtedness,  the  property  of  the  poorer  districts  being  I 
always  subject  to  shorter  loans  at  higher  rates   and  for 
smaller  amounts.     On   the  map  issued  with  the  statistics 
from  St.  Petersburg,  one-third  is  red  of  different  shadc 

*  Sec  my  article  on  "Mortgage  Banking  in  America."— /owrna/  of  Political 
Economy,  March,  1894. 

tOf  the  men  less  than  ten  per  cent  know  how  to  read  and  write,  and  of  the 
women  leas  than  one-half  of  one  per  cent,  according  to  M.  Anatole  I^roy- 
Bcaulleu. 

[242] 


MoRTGAGB  Banking  in  Russia. 


95 


showing  forty  per  cent  and  over  of  the  land  to  be  under 
mortgage,  another  third  blue  of  varying  shades,  and  a 
third,  in  the  northern  portion,  where  less  than  five  per  cent 
of  the  land  is  under  mortgage,  is  brown  or  white.  The  red 
belt  runs  south  firom  the  Baltic  to  the  Black  Sea  and  thence 
northeast  nearly  to  the  sources  of  the  Volga. 

The  manner  in  which  the  statistics  at  hand  have  been 
obtained  in  itself  indicates  the  different  conditions.  The 
statistics  given  simply  comprise  a  statement  of  the  loans 
made  by  thirty-six  public,  private  and  mutual  banks,  and 
this  shows  forty-one  per  cent  of  the  total  number  of  acres 
belonging  to  private  individuals  to  be  subject  to  a  debt  of 
fifty-one  and  one-half  per  cent  of  their  value. 

The  following  tables  briefly  show  these  figures  for  acres 
and  lots: 

FOR  ACRES. 


-eS- 


li« 


|s 


Ill 
ill 

i'i 

Nt 

•< 


^ 


TW  Joint  Stock  Banks 

Mortgage  Bank  of  Kherson  .  . 
National  Mortgage  Bank  for  the 

Nobility 

National  Mortgage  Bank  for  the 

Peasantry 

toedal  Section  of  the  National 

Mortgage  Bank   for  the  No- 

Wllty 

Mortgaflre  Bank  of  Saratov-Sim- 

birik In  liquidation 

Mortgage  Bank  for  the  Nobility 

of  Nijnii-Novgorod     

Credit  Association  for  the  cities 

of  the  Baltic  Provinces  .  .  .  . 
CrcdU  Association  of  the  King- 

doan  of  Poland 

Moiteage  Bank  for  the  Nobility 

ofXaukasus 

Total 


3,740     3,187,939 


".597 
9.339 

7.77X 

157 

537 

33.374 

9.338 

X,a63 


102,313 


9.605.405 
'.700,775 

5.933.893 

316.9*4 

185.510 

5.523.193 

3.7«3.647 

49».o4i 


623.576 
193.475 

573.578 

70,516 

284.988 

5.470 

6.864 

X50.434 

283.743 

ia.195 


3»A39  I 
96.737 

3*6,873 

53.739 

174.482 

2.548 

4,728 

8i,l5» 

128  J09 
5.734 


47.322,286 


2.204,639 


1.214.149 


3*4.397 
80,117 

319*473 
49.69» 

169.631 

2,2tS 

4.67s 

63.275 

113.783 

3.899 


«.«3»/>98 


•  One  Deciatlne  equals  2.775  acre*. 


[»43] 


96            Annals  of  the  American  Academy. 
FOR  IvOTS. 

ft 

It 

111 

Amounts  for  which 
properties  are  in- 
sured.—1000  Roub- 
les. 

Total  amounts 
loaned  origfinally 
and  subsequenUy. 
—1000  Roubles, 

21 

«  rt  8 

Ten  Joint  stock  Banks  .   .   .,.   . 

Mortgaee  Bank  of  Saratov-Sim- 
birsk in  liquidation     ...... 

Bank  for  the  Nobility  of  Nijnii- 
Novgorod 

Mortgage  Bank  for  the  Nobility 
ofTiflisandKoutais 

Six  Credit  Associations  of  Rus- 
sian cities                   

14,329 

109 

758 

2,290 

15,917 

4,093 

5,707 

856 

225,150 

1,533 

7,505 

28,258 

705,012 

155,790 

69,480 

16,783 

202,997 
1,219 
8,010 

20,555 
681,921 
97,131 
67,036 
15,862 

119,988 

799 

4,326 

16,027 

510,445 

57,467 

35.048 

8,499 

ioo,8j 

30 

4,rf 

9,« 

367.X! 

Five  Credit  Associations  of  Pol- 
jgjj  citie**                    

45,7^ 

Five  Credit  Associations  of  cities 
in  Baltic  Province 

Credit  Association  of  the  City  of 
Tiflis 

28,8: 
7^ 

Total                         

44,059 

1,209,511 

1,094,731 

752,579 

564,7; 

From  these  tables  it  appears  that  twenty-nine  per  cent  of  the 
loans  on  lands  have  been  made  by  private  banks,  thirty-tw 
and  one-half  per  cent  by  government  banks,  and  thirty-eig! 
and  one-half  per  cent  by  mutual  associations,  and  Russia  thus 
affords  an  illustration  of  the  three  principal  diflferent  systems 
of  mortgage  banking  that  are  carried  on  in  Europe  to-day. 

To  obtain  the  total  mortgage  indebtedness  of  Russia, 
should  be  added,  however,  to  these  figures  of  1,695,871,933 
roubles,  also  a  sum  for  loans  made  by  private  individuals,  and 
furthermore  the  debt  of  872,000,000  roubles  which  is  due 
from  the  village  communities  of  liberated  serfs  to  the  Rus 
sian  Government.* 

The  liberation  of  the  serfs  in  i860  marks  an  epoch  in  a 
things  Russian.  The  change  itself  was  of  less  immediate 
consequence  to  most  of  the  serfs  than  to  their  masters.  The 
former  wanted  to  be  free  and  to  become  the  owners  of  all 
their  land.  The  latter  wanted  them  to  be  free  but  to  have  no 
land.   What  took  place  then  was  a  division  of  the  land  giving 

*  According  to  figures  furnished  by  Mr.  Wischnegradsky  in  1889  to  Mr.  W.  T 
Stead. 

[244] 


11c     T 


Pi 


Mortgage  Banking  in  Russia.  97 

to  eight  million  "  souls,"*  or  about  twenty  million  persons, 
about  thirty  per  cent  of  all  the  land,  the  nobility  retaining 
twenty-four  per  cent,  the  crown  and  the  crown  tenants  own- 
ing the  remainder.!  Each  "soul"  obtained  from  three  to 
four  "  deciatines, "  giving  to  ever>'  family  of  three  male 
members  from  twenty-five  to  forty  acres.  The  peasants  had 
hoped  for  more  land,  and  in  many  cases  preferred  serfdom 
with  compulsory  labor  on  the  manor  to  the  compulsor>'  pur- 
chase of  land  now  adopted.  Each  village  community  was, 
when  the  change  was  finally  completed  at  the  accession  of 
Alexander  III.,  compelled  to  purchase  its  land  in  common, 
paying  to  the  government  besides  the  interest  of  six  per 
cent,  a  small  annual  installment,  which  will  redeem  the 
land  in  forty-nine  years,  and  which  is  assessed  with  the 
other  taxes  on  each  village  communit)-.  The  nobles  were 
paid  for  the  land  in  government  bonds  of  different  kinds. 

Thus  the  old  village  community  was  continued,  and  to-day 
the  *' Three  Field  System,"  with  a  lot  around  each  house, 
owned  individually;  long,  narrow,  scattered  strips  of  plough- 
land  allotted  periodically,  and  pasture  land  held  in  common, 
is  still  the  usual  mode  of  Russian  agriculture.  And  the  Rus- 
sian peasants  seem  to  prefer  this  to  individual  ownership, 
which  is  spreading  only  slowly  through  the  division  of  com- 
munities and  the  purchase  of  land  from  the  nobility  and  the 
mortgage  banks. 

While  the  effects  of  this  radical  change  have  not  yet  worked 
themselves  out,  it  is  evident  that  it  caused  increased  demands 
for  mortgage  banking  facilities  on  the  part  of  nobles,  who 
having  lost  their  serfs  were  now  compelled  to  adopt  the  West 
European  mode  of  farming  by  hired  laborers,  and  who  had, 
in  most  cases,  their  land  already  mortgaged  to  somebody,  t 

*  According  to  the  Runsian  usage  of  the  word  "■oul,"  it  iadudcd  only  the  male 
peasants  paying  the  capiUUon  Ux. 

t  Anatole  I.croy>Beaulicu,  "  Das  Reich  der  Zaren,'*  Berlin.  1884,  p.  349.  I  bairc  not 
■een  the  oriKinal  French  edition  of  this  excellent  book. 

t  Xa  i8s9  about  fiAy-nine  per  cent  of  the  land  of  the  noblca  waa.  acoordiaff  to 
I.«ro]^Bcaaliea  (p.  13a),  mostgaged  to  banks,  and  the  remainder  oftea  to  private 

[*45] 


98  Annaxs  of  the  American  Academy. 

And  thanks  to  the  mortgage  banks  now  established  an< 
to  the  slow  and  quiet  way  in  which  the  great  reform  W£ 
accomplished,  Russia  escaped  such  a  demoralization  of  it 
agricultiu-e  as  that  which  the  Southern  States  of  the  Unioi 
have  but  recently  recovered  from. 

Before  this  time  there  had  been  but  little  organized  morti 
gage  banking  done,  and  the  ' '  souls  ' '  or  serfs,  rather  thj 
the  land  itself,  had  been  considered  as  the  security.  Tw< 
banks  were  founded  in  1754,  making  short  term  mortgaj 
loans  at  six  per  cent.  They  did  not  foreclose,  but  tool 
temporary  possession  of  the  property.  In  1786,  they  wei 
amalgamated  with  another  bank  to  form  the  Imperial  Loj 
Bank,  which  made  both  city  and  country  loans.  On  lane 
it  loaned  at  eight  per  cent,  three  per  cent  of  which  formed 
sinking  fund  to  redeem  the  loan  in  twenty  years.  On  lot 
the  rate  was  seven  per  cent,  with  redemption  in  twenty -twc 
years. 

In  1797  another,  auxiliary,  bank  was  founded  which  lent' 
from  forty  to  seventy-five  roubles  per  '*  soul,"  the  loans  were 
made  in  five  per  cent,  twenty -five  year,  bonds  of  the  bank  itself, 
which  the  borrowers  then  had  to  sell.  This  bank  lent  fifty 
million  roubles,  of  which  only  1,395,000  were  outstanding 
in  1802,  when  it  was  united  with  the  Imperial  Loan  Bank. 
The  new  bank  was — unfortunately,  one  would  think — ^per- 
mitted to  loan  also  its  deposits  on  land.  In  addition  to  this 
there  were  two  concerns  founded,  which  were  not  for  profit, 
but  to  render  aid  where  needed,  the  Lombards  of  1772,  and 
the  Establishment  for  Public  Aid  of  1775. 

In  1 84 1  the  Imperial  Loan  Bank  had  a  capital  of  8,581 ,330 
roubles,*  in  1851  it  held,  according  to  Hiibner,t  344,000,000 
Thaler  (Prussian),  and  in  1858  it  had  outstanding  loans 
of  326,000,000  roubles.! 

Up  to  the  Crimean  War,  these  were  the  only  mortgage 
concerns  of  Russia  proper,  and  they  were  successful  until 

•J.  Dedc,  "Das  Russische  Reich,''  p.89. 

to.  Hiibner,  "Die  Banken,"  Appendix. 

;  R.  Jtculmann,  ''Das  LandwirthschaflUche  Krediiwesen,''  p.  105. 

[246] 


Mortgage  Banking  in  Russia.  99 

1857,  when  the  depreciation  of  the  paper  currency  got  them 
into  trouble,  and  the  government  had  to  come  to  their 
assistance  by  repaying  a  large  amount  previously  borrowed. 

In  1859  a  commission  was  then  appointed  to  study  the 
question,  and  for  three  reasons  it  recommended  the  forma- 
tion of  mutual  associations:  first,  because  it  was  supposed 
there  would  be  a  good  market  for  the  bonds  of  such  associa- 
tion; secondly,  on  account  of  the  active  control  of  their 
affairs  by  the  borrowers,  who  would  be  mutually  liable;  and 
thirdly,  because  it  was  thought  that  between  such  associa- 
tions, managed  by  the  previous  borrowers  themselves,  there 
would  be  no  competition,  and  thus  no  temptation  to  make 
risky  loans.* 

Such  mutual  associations,  similar  to  those  of  Germany, 
had  long  been  successfully  operating  in  the  Baltic  Provinces 
and  in  Poland.  The  credit  associations  of  the  nobility  of 
Esthland  and  Liefland  had  been  founded  in  1802  and  1803 
respectively,  when  the  Czar  loaned  them  several  million 
roubles  at  three  per  cent  with  which  to  commence,  t 

Furthermore,  in  1825  one  had  been  founded  in  Poland 
with  seat  at  Warschau,  similar  also  to  the  German  Provin- 
cial Associations,  and  this,  as  well  as  the  preceding  ones,  is 
still  in  successful  operation.  The  members  are  the  pro- 
prietors of  country  estates  and  are  all  responsible  for  the 
bonds  which  are  g^ven  to  borrowers  when  loans  are  made. 
These  bonds  are  redeemable  in  paper  roubles,  and,  with  the 
exception  of  one  issue,  of  which  there  was  in  1890  out- 
standing 37,628  roubles  at  four  per  cent,  they  draw  five  per 
cent  interest.  The  total  amount  outstanding  in  1890  at  five 
per  cent  was  112,267,008  roubles.^ 

The  Credit  Association  of  Kurland,  with  seat  at  Mitau, 
founded  in    1832,  also   resembles  the   Prussian   Provincial 

*V£conomisterHssf,  February  i,  1891. 

fBergsoe,  "£«  Creditfarening,  etc.:'  (Copenhagen.  1835),  p.  94.  R.  Zeolmana, 
**  Das  Landtoirthschaflliche  Kreditwesen,"  Berlin,  1866,  p.  105. 

I W.  Saling,  Berliner  BdrunjahrbucM  for  1891.  Cf.  alao  *'  Statutiqu4  dm  Crtdttm 
kmgttt  Urwu  *n  Ruuit."  St.  Petersburg,  \%^, 

[247] 


loo  Annals  of  the  American  Academy. 

Associations.  The  members  are  mutually  liable.  I^oans 
are  made  of  not  more  than  one-half  the  value  of  the 
property.  When  either  principal  or  interest  is  paid  on  any 
of  the  bonds  of  this,  as  also  of  the  preceding  association,  a 
tax  of  five  per  cent  of  the  amount  paid  is  levied  by  the 
Russian  government.  This  association  had  in  1890  out- 
standing at  five  per  cent  17,982,700  roubles,  and  2,044,000 
roubles  at  four  and  one-half  per  cent.* 

In  addition  to  these  four  early  mutual  associations,  a  num-  • 
ber  of  others  were  now,  after  1857,  founded  throughout  Rus- 
sia, as  follows:  In  St.  Petersburg,  in  1861;  in  Moscow,  1863; 
in  Riga,  1866;  another  in  Riga,  1869;  in  Reval,  1869;  in 
Warschau,  1870;  in  Odessa,  1871;  in  Lodz,  1872;  inKurland, 
1875;  in  Kronstadt,  1875;  in  Liefland,  1884;  i^  Subline, 
1885;  in  Kief,  1885;  '^^  Kalich,  1886,  and  in  Plotsk,  1887. 
All  these  credit  associations  are  for  owners  of  city  proper- 
ties, and  are  on  the  same  plan  as  those  of  Germany  and  the 
earlier  Russian  ones  above  described. 

The  most  important  mutual  mortgage  concerns  of  Russia 
now  founded  were,  however,  the  Kherson  Provincial  Bank 
of  1864,  and  the  large  Credit  Association  of  St.  Petersburg, 
founded  in  1866. 

The  former  lent  fifty  per  cent  of  the  value  of  the  property, 
with  sinking  fund  redemption  of  the  loans,  either  in  thirty- 
four  years  eleven  months,  or  in  thirty-six  years  six  months. 
The  bank  charged  a  commission  of  one-half  per  cent.  One- 
half  per  cent  of  all  loans  was  paid  every  year  to  the  sinking 
fund  and  one-quarter  per  cent  to  the  surplus  funds.  Both 
five  per  cent  and  five  and  one-half  per  cent  bonds  were 
issued.     The  outstanding  loans  of  this  bank  grew  rapidly, t 

•W.  Baling,  Berliner  Bbrsenjahrhuch  for  1891.    Cf.  also  "Statisiique  du  Credit  a 

tongue  terme  en  Russie,"  St.  Petersburg,  1894. 

ti865 1,833,000  Roubles. 

*^ 14.53I1500 

'^5 43.065,500 

»88o  . 48,872,000 

'*5 57.635,000 

«89o 66,864,500 

[248] 


Mortgage  Banking  in  Russia.  ioi 

and  in  1890  it  had  accumulated  a  surplus  of  4,152,500 
roubles.  In  1868  the  bonds  had  to  be  sacrificed  by  the  bor- 
rowers at  from  seventy- two  to  seventy-seven  per  cent,  but  in 
1890  the  five  and  one-half  per  cent  bonds  were  above  par 
and  the  five  per  cent  bonds,  at  ninety-nine  per  cent;  it  had 
then  outstanding  at  five  and  one-half  per  cent  49,038,000 
roubles,  and  at  five  per  cent  17,102,900  roubles.* 

The  Mutual  Credit  Association  of  1866,  of  St.  Petersburg, 
made  loans  to  the  owners  of  landed  estates  not  exceeding 
one-half  the  valuation.  The  loans  were  redeemable  by  sink- 
ing fund  in  fifty-six  and  one-half  years  and  were  made  in 
gold  bonds  of  the  association.  A  penalty  of  one  per  cent  a 
month  was  charged  for  delays  in  payments  due  from  bor- 
rowers. Absolute  foreclosure,  without  redemption,  took  place 
after  two  months'  default,  and  the  association  was  obliged  to 
sell  within  six  months  the  property  so  obtained.  The  bonds 
were  redeemable  in  the  course  of  fifty-six  and  one-half  years 
at  125  per  cent  by  annual  drawings. 

The  large  scale  on  which  this  association  was  commenced 
made  it  an  immediate  success.  The  amount  of  outstanding 
loans  rose  quickly  to  over  a  hundred  million  roubles,  and  the 
five  per  cent  bonds  were  sold  by  the  Rothschilds  and  Bleich- 
roeder  in  Berlin.  The  borrowers  obtained  ninety  per  cent 
of  the  face  of  the  bonds.* 

At  first  all  interest  and  sinking  fund  installments  were 
payable  to  the  association  in  gold,  but  as  paper  money  fell 
in  value,  this  was  found  very  diflScult.  In  1881-82  members 
had  to  pay  as  much  as  seven  and  eight-tenths  roubles  in 
paper  for  five  roubles  gold.  In  1884  the  government  there- 
fore came  to  the  rescue  of  the  association,  agreeing  to  loan  it 
3,800,000  roubles,  and  the  rates  to  be  paid  in  paper  for 
roubles  in  gold  were  now  gradually  reduced  from  eight 
roubles  in  1884-85  to  seven  and  one-half  roubles  in  1886-87; 
six  and  nine-tenths  roubles  in  1887-88,  and  seven  roubles  in 
1888-89.     Since  1880  loans  have  also  been  made  in  paper, 

*  v£amomut4  rusu,  Jan.  15,  Feb.  i  and  is  i89<- 

[249] 


I02  Annals  of  the  American  Academy. 

and  bonds  redeemable  in  paper  have  been  issued,  of  wbi 
were  outstanding  in  1890  about  thirty-six  million  roubles. 

Of  every  loan  five  per  cent  was  retained  by  the  association 
and  in  this  manner  a  capital  was  obtained;  the  govemmeni 
further  contributing  a  fund  of  5,000,000  roubles  in  interest- 
bearing  notes  of  the  National  Bank,  the  so-called  "Ai 
Fund. ' '     The  amount  of  loans  was  not  to  exceed  ten  tim 
the  total  of  these  two  funds.    The  ''  Aid  Fund  "'  at  one  tim 
sustained  a  loss  of  1,455,695  roubles  by  embezzlement.     Up 
to  1887,  loans  of  about  150,000,000  roubles  had  been  made 
most  of  the  bonds  being  issued  at  five  per  cent.     In  1887 
rather  expensive  but  successful  conversion  took  place,  th( 
bonds  being   exchanged    for  four    and  one-half  per  ceni 
bonds  redeemable  at  par  instead  of  at  125  per  cent.     T 
absorbed  the  entire  capital  and  surplus  of  the  associatio: 
including  the  "  Aid  Fund."     In  June,  1890,  the  capital  w; 
501,930  roubles,  the  special  surplus  fund,  1,925,642,  and  th( 
general  surplus  fund,  1,054,802  roubles,  f 

The  new  four  and  one-half  per  cent  bonds  are  redeemable 
in  the  course  of  fifty-six  years,  and  can  be  tendered  by  bor- 
rowers in  payment  of  loans.  They  are  absolutely  guaranteed 
by  the  government.  In  1889  they  were  quoted  in  Berlin  at 
ninety -nine  and  three- tenths  per  cent,  and  in  1890  at  loi 
per  cent. 

The  mutual  credit  associations  were  thus  established 
Russia,  and  in  fact,  most  of  the  city  loans  are  now  made  b; 
them,  but  owing  to  the  difficulties  due  to  the  fall  in  the  value 
of  paper  currency,  which  was  felt  by  any  association  issu- 
ing gold  bonds,  it  was  in  1890  decided  to  have  the  large 

♦  W.  Baling:,  Berliner  Bdrsenjahrbuch,  1891. 

fOn  July  X,  1890,  the  association  had  outstanding : 

I^ouR  time  loans  in  coin  of 101,025,324  Roubles. 

In  paper  currency 36,623,300       " 

Short  lime  loans 7,404,846       " 

It  had  outstanding : 

Five  per  cent  coin  bonds 6,616,200       " 

Four  and  one-half  per  cent  coin  bonds  94,417,100       " 
Five  per  cent  currency  bonds   ....    36,623,300       " 
{V AcoHomiste  russe,  as  above.) 

[250] 


a 


Mortgage  Banking  in  Russia.  103 

association  of  St.  Petersburg  amalgamated  with  the  National 
Land  Bank  of  the  Nobility,  a  government  bank,  issuing  five 
per  cent  bonds,  which  had  been  founded  in  1886. 

There  are  now  two  national  mortgage  banks  in  Russia,  this 
one  for  the  nobility,  which  has,  aside  from  the  loans  of  its 
special  section,  outstanding  loans  of  319,000,000  roubles,  and 
another  bank  for  the  peasantry  founded  in  1883,  which  has 
loans  outstanding  of  49,000,000  roubles. 

The  former  was  by  law  of  1889  authorized  to  issue  bonds 
with  prizes,  as  is  customary  on  the  continent  of  Europe, 
where  tlie  lottery  business  is  not  regarded  as  in  America, 
and  in  1890  there  were  eighty  millions  of  prize  bonds  out- 
standing at  five  per  cent.  This  bank  had  in  1890  a  surplus 
of  1,292,708  roubles. 

The  one  for  the  peasantry  had  in  1891  a  capital  of 
2,807,439  roubles,  but  had  already  then  had  to  assume  prop- 
erties to  the  amount  of  six  million  roubles.*  It  seems,  there- 
fore, too  early  to  pronounce  the  vast  mortgage  loan  business 
done  by  the  Russian  government  an  unqualified  success. 

The  private  mortgage  banks,  however,  make  an  excellent 
showing.  These  date  from  tlie  period  succeeding  the  pay- 
ment of  the  French  indemnity,  and  are  doubtless  to  be 
attributed  to  the  thrifty  Germans,  to  whom  Russia  owes 
most  of  her  commerce.  That  of  Kharkow  was  founded  in 
187 1  and  nine  othersf  immediately  afterward.  Each  of 
these  banks  is  limited  to  a  certain  district  in  such  a  manner 
that  only  two  banks  can  compete  making  loans  at  any  one 
point. 

They  loan  up  to  sixty  per  cent  of  the  valuation,  and  can 
foreclose,  without  redemption,  after  three  and  one-half 
months'  default,  which  the  borrower,  however,  can  avoid  at 
any  time  before  the  sale  by  paying  a  penalty  of  one  per 
cent.     The  interest   is  paid  semi-annually,  and  loans  are 

•  L'^amomisU  russt,  Dec.  15,  1890. 

tPolUvn,  St.  Petersburg,  Moscow,  BesMnbU-Tsuria.  Nyoli-Norgorod- 
tenurs.  Kief.  Vilna.  Ysroslaw-Kostroma  and  Don.  Purthennore,  in  1873.  Uwt 
of  teratorSimbirsk,  now  in  liquidation. 


I04         Annai^  of  th^  American  Academy. 

made  on  both  lands  and  town  property  for  periods  varying 
from  eighteen  years  and  seven  months  to  sixty -one  years  and 
eight  months. 

The  borrowers  must  pay  each  year  one-half  per  cent  to 
form  a  siu^lus  fund  until  one-tenth  of  the  loan  has  been 
amortized  or  covered,  then  one-half  per  cent  of  nine-tenths, 
then  one-half  per  cent  of  eight-tenths,  etc.,  until  the  loan  is 
six-tenths  paid  up. 

The  loans  and  the  bonds  draw  the  same  rate  of  interest, 
and  the  loans  are  made  in  bonds  which  are  sold  for  the 
borrower's  account. 

Most  of  the  banks  must  set  aside  from  five  to  ten  per  cent 
of  their  net  earnings  to  the  surplus  each  year,  until  th 
shall  reach  eight  per  cent  of  the  capital. 

The  business  of  these  banks  increased  very  rapidly 
Some  bad  loans  were  made,  but  the  rise  in  the  value  of 
property  from  1870  to  1882  protected  them.  In  the  decade 
from  1873  to  1883  they  lost  four  and  one-half  million  roubles 
on  foreclosures,  but  since  then  have  been  loaning  with 
greater  care. 

A  complete  list  of  dividends  shows  that  although  a  large 
surplus  has  been  accumulated  by  all,  they  have  still  paid 
from  seven  to  fifteen  per  cent.  1 

The  loans  of  any  bank  must  not  exceed  ten  times  its       f 
capital,  and  the  banks  have  had  to  increase  their  capital 
accordingly  from  time  to  time.     They  are  subject  to  the^i 
active  control  of  the  Minister  of  Finance.  fl| 

These  banks  have  had  no  foreign  market  for  their  bonds, 
and  in  1874  these  fell  to  eighty  per  cent.     They,  therefore. 


% 


*     (MilUon  Roubles.) 

Loans, 

Oh  Land. 

On  Lots. 

Total. 

Capital  Stock. 

Surplus. 

1874. 

.  .    63.H 

28.  >i 

92. 

13. 

0.017 

X875. 

.  .    76. 

32.  J4 

108.  K 

14. 

0.141 

1880. 

.  .  15a. 

48.  Ji 

200.  J^ 

24. 

1.4 

1885. 

.  .238. 

67.54 

267. 

26.  J4 

2-3 

I890. 

.  .  391. 

81. 

,       372. 

34.% 

8.1 

{D J&conomiste  russc,  April  i  and  May  i,  1891.) 
[252] 


Mortgage  Banking  in  Russia.  105 

combined  to  limit  the  total  amount  loaned  in  1874  to  thirty 
million  roubles,  which  caused  the  bonds  to  rise  to  from 
eighty-six  to  eight>' -seven  per  cent.  In  1875  they  were 
quoted  at  from  ninety-three  to  ninety-five  per  cent,  and, 
excepting  the  period  of  the  Turkish  War,  they  remained 
from  then  on  at  about  this  rate  until  1885.  In  1890  they 
were  quoted  at  from  103  to  104  per  cent. 

Up  to  1885  the  banks  had  issued  almost  entirely  six  per 
cent  bonds,  and  in  January,  1890,  two- thirds  of  the  bonds 
drew  this  rate.  A  conversion  to  five  per  cent  was  effected 
that  year,  and  as  the  bonds  were  payable  on  giving  notice, 
the  bondholders  had  to  choose  between  receiving  cash  or 
five  per  cent  bonds  at  par,  an  operation  by  which  two  and 
one-half  million  roubles  per  anniun  were  saved  for  the  bor- 
rowers. 

What  also  probably  caused  the  bonds  to  rise  after  the  fall 
of  1873  was  the  formation  of  the  Central  Mortgage  Bank  of 
St.  Petersburg,  in  April,  1873,  in  order  to  assist  the  smaller 
mortgage  concerns  that  were  unable  to  market  their  bonds 
at  a  fair  price.  It  had  a  capital  of  16,000,000  roubles,  of 
which  forty  per  cent  was  at  once  paid  in.  About  one- third 
of  the  shares  belong  to  the  government.  Further  paj-ments 
on  the  stock  were  made  in  1876,  1877  and  1887,  so  that  the 
capital  is  now  fully  paid  in. 

This  bank  makes  no  direct  mortgage  loan  whatever  itself, 
it  only  issues  bonds  based  on  the  bonds  of  the  other  con- 
cerns which  are  then  deposited  with  the  National  Bank. 
The  principal  and  interest  of  the  latter  bonds  are  payable  in 
paper  roubles,  the  bonds  of  the  Central  Bank  in  gold,  and  it 
has,  therefore,  constantly  sustained  losses  caused  by  the 
downward  course  of  paper  money.  It  paid  in  1873  a  divi- 
dend of  twelve  per  cent;  in  1874,  10.45  P«r  ce^^J  »n  1875, 
12.65  per  cent;  and  in  1876,  five  per  cent;  since  then  no 
dividends  have  been  paid.  And  as  the  government  is  to 
blame  for  the  depreciation  of  the  currency,  it  was  natural 
enough  that  it  should  come  to  the  assistance  of  the  bank  in 

[253] 


io6 


Annai^  of  thk  American  Academy. 


1887  and  pay  in  3,000,000  roubles  on  its  shares  of  the  capi? 
tal  stock,  thus  making  them  fully  paid  up,  besides  refunding 
to  the  bank  the  actual  loss  sustained  up  to  that  time,  viz: 
3,400,808  roubles.  The  bank  was,  however,  given  to  under- 
stand that  in  the  future  it  would  have  to  operate  entirely  at 
its  own  risk. 

The  respective  series  of  bonds  of  this  bank  are  redeemable 
in  the  course  of  twenty-seven  and  one-half,  forty-three  anc 
one-half,  and  fifty-four  and  one-half  j^ears.     Of  five  and  on< 
half  per  cent  bonds  were  in  1890   outstanding  and  kno\ 
in  Berlin,  7, 192,500 roubles,  and  of  five  percent  bonds,  31J 
931,000  roubles.      In   1890  the  five  per  cent  bonds  wc 
quoted  in  Berlin  at  ninety- three  per  cent.* 

In    1894  it  was  finally   decided  to  liquidate  this  banl 
After  the  market  for  the  bonds  of  the  smaller  banks  had 
become  good,  it  was  no  longer  needed.     Its  gold  bonds  wil^. 
be  converted  into  government  bonds,  and  the  Russian  go^HI 
emment  will  take  control  of  all  its  assets,  with  the  expecta- 
tion of  realizing  perhaps  only  twenty -five  per  cent  for  the 
shareholders,  t 

The  history  of  both  the  mutual  and  the  joint  stock  mort- 
gage concerns  of  Russia  thus  affords  an  illustration  of  the 
misfortune  to  a  country  of  not  having  the  same  monetary 
standard  as  the  rest  of  the  civilized  world,  and  the  rates  of 
interest  at  which  bonds  have  been  issued  show  a  difference  of 
over  one-half  per  cent  in  favor  of  the  gold  bonds,  as  follows: 


Rate  of  Interest. 

Currency  Bonds. 

Total  amount  issued.— 

Roubles. 

Gold  Bonds. 

Total  amount  issued.— 

Roubles. 

1,387,007,452 

92,201,600 

4     per  cent. 
4}i        " 
S 

l>^   :: 

none 

I.I  per  cent. 
86.1 
II 

1.8 

0.7  per  cent. 
92.6 

6.7        " 
none 

•  W.  Baling,  Berliner  Bdrsenjakrbuch. 

^  Frankfurter  Zritung,  May  30, 1894.  The  5^  and  5  per  cent  bonds  will  be  ex- 
changed for  3  per  cent  government  bonds  with  a  bonus  of  u  and  10  per  ceut,  to 
oompensate  for  the  lower  rate  of  interest.    {U^conomiste  europien,  1894,  p.  820.) 

[254] 


Mortgage  Banking  in  Russia. 


107 


Which  of  the  three  diflferent  systems:  mutual  credit  asso- 
ciation, goverument  banks,  and  private  joint  stock  banks,  is 
likely  to  gain  the  day  is  difficult  to  tell. 

The  real  test  of  the  streng^  of  a  mortgage  loan  institu- 
tion is  perhaps  the  rate  at  which  it  can  obtain  money.  Up 
to  the  last  conversion  in  1890,  the  private  banks,  which  for 
other  reasons  seem  preferable,  show  inferiority  in  this 
respect.*  One  cause  probably  is  that  when  loans  are  made 
in  bonds  to  be  sold  at  the  borrower's  expense,  sufficient 
regard  is  not  had  to  the  effect  of  new  bonds  on  the  money 
market.  And  another  reason  is  that  these  banks  have  lim- 
ited themselves  to  Russia  alone  as  a  market  for  their  bonds. 

At  present,  however,  the  bond  quotations  of  the  different 
institutions  do  not  show  any  marked  difference  in  favor  of 
any  except  the  bonds  payable  in  coin.f 

*Bond  Quotations,  Bank  of  Moscow— 18S1-1891: 


188a. 
i88j. 
1884. 
1885. 
X886. 
1887. 
1888. 
18B», 
1890 


per  cent  bonds. 

Six  per  cent  bonds. 

Low. 

High. 

Low. 

High, 

84X 

87K 

99H 

looH 

79K 

85 

94H 

lOOjf 

7^ 

83 

95 

97« 

8o}i 

^H 

9SK 

98 

84 

92}i 

97K 

loiH 

9a 

96« 

looX 

lOJ 

9»K 

9SH 

looH 

mH 

90% 

94 

99 

loaH 

90K 

941< 

101 W 

i«X 

91K 

97K 

loiK 

105 

tBond  QnoUtions.  May  8,  1891,  as  reported  by  UtconomisU  mu*: 


Mutual  Associations. 


Xnrland  bonds,  5  per  cent, 

loa. 
Bank  of  Kherson,  5  per 

cent,  loiH.  I03. 
Folish  bonds,  5  per  cent, 

100,  looH. 


Joint  Stock  Banks. 


Bonds  of  Russian  banks 

(at  time  of  couTeraion). 

6  per  cent,  10154.  102X; 

5  per  cent,  101 J4,  loaji. 
Bank  of  Tiflis,  6  per  cent, 

10154,  103. 
Bank   of    KouUis,  6  per 

cent,  loiH.  vxi. 


Government  Coaceraa. 


Mortgage  bank  for  the  no- 
bility. 6  per  cent,  101  3-14, 
loa.  Special  section  (for- 
merly independent  mut- 
ual  association),  5  per 
cent,  loaH*  ">*• 

Mortgage  bank  for  the 
peasantry,  sK  p^  cent. 

GoldBoada. 

(Cnrreacy  QooUtkms.) 
Mortgage    bank    for    the 

B^Utty.  prise  bonds.  at6 

per  cent. 
Special  section   (formerly 

independent  mutual  as- 

•odation),  4H  per  cent, 

113  per  cent. 


[255] 


io8 


Annals  of  thk  American  Academy. 


On   the  whole   the  Russian  mortgage  concerns  deserve 
admiration.      In    spite   of    innumerable    difficulties,  larg 
amounts  have  been  loaned  at  a  trifle  over  five  per  cent.    Ani 
while  it  is  true  that  it  is  only  through  an  absolute  guarant 
by  the  government  that  money  has  been  obtained  at  less  thi 
five  per  cent,  and  although  the  peasants  are  still,  where  n 
assisted  by  the  * '  Popular  Banks, ' '  in  the  clutches  of  the  vil 
lage  usurers,  it  cannot  be  doubted  that  the  imitation  of  Ger 
man  methods  of  mortgage  banking  as  above  described  h 
been  of  immense  benefit  to  the  Russian  people. 

D.  M.  FredERIKSEN, 

Chicago. 


BRIEFER  COMMUNICATIONS. 


THB  BBGINNINC  OF  UTthlTV. 

In  a  recent  paper*  I  discussed  the  relation  of  economica  to  sociology. 
I  tried  to  show  that  the  place  of  economics  in  the  hierarchy  of  the 
sciences  is  before  that  of  sociology;  the  theories  of  utility  and  of 
goods  being  necessary  pre-suppositions  in  any  study  of  social  relations. 
Prc^cssor  Giddings  contends  that  there  is  no  independent  theory  of 
utility. t  Subjective  utility,  cost  and  \'alue  are  all,  in  his  opinion, 
social  products  ha\ang  sociological  antecedents.  Apart  from  asso- 
ciation, he  claims  that  there  can  be  no  such  thing  as  subjective 
utility.  He  endeavors  to  make  the  theory  of  utility  a  part  of 
sociology  by  showing  that  only  under  social  conditions  can  pleasur- 
able feeling  be  voluminous  enough  to  admit  of  appreciable  distinctions 
<^  more  or  less.  The  capacity  for  pleasure,  it  is  claimed,  will  remain 
infinitesimal  unless  the  activity  of  the  organism  is  aroused  through 
concourse,  suggestion  and  imitation.  It  is  assumed  that  if  the  organ- 
ism experiences  different  degrees  of  utility,  it  will  be  conscious  of  this 
di£Ference  and  recognize  the  relations  existing  between  them. 

This  line  of  reasoning  overlooks  the  fact  that  the  failure  to  recognize 
degrees  of  utility  may  be  due  to  the  intensity  of  the  pleasure,  as  well 
as  to  its  lack  of  clearness  and  volume.  A  strong  feeling  or  a  passion 
shuts  out  comparison  as  completely  as  one  of  infinitesimal  importance, 
just  as  an  intense  light  may  blind  as  completely  as  utter  darkness.  It 
docs  not,  therefore,  follow  that  a  being  with  intense  feelings  can  com- 
pare these  feelings  and  be  conscious  of  degrees  of  utility.  To  compare 
feelings  a  being  must  have  the  power  to  hold  in  consdousness  two 
diflRerent  feelings  long  enough  to  recognize  their  difference.  A  being 
which  does  not  possess  this  power  may  enjoy  every  possible  degree  of 
utility  without  having  its  conduct  influenced  by  their  relations.  We 
must,  therefore,  contrast  sharply  a  capacity  for  intense  pleasures  ¥rith 
a  pofwer  to  appreciate  degrees  of  utility.  A  being  with  a  capacity  for 
intense  pleasure,  may,  however,  act  on  a  theory  of  utility  as  well  as  a 
being  who  is  conscious  of  degrees  of  utility.  It  is,  of  course,  a  differ- 
ent theory  of  utility,  and  leads  to  another  t>'pe  of  conduct  We  are 
apt  to  think  that  there  is  only  one  theory  of  utility,  because  to  ua,  m 
•odal  beings,  only  one  of  the  theories  of  utility  is  of  importance. 

•  **  The  Pailurc  of  Biologic  Sodolocy."  Ajckals.  JUy,  1894- 

t  **  Theory  of  Sodolocjr,**  p.  ss.  Sopplemrnt  to  Axj(AX.a.  July.  iSm. 

[»S7] 


no  Annai3  of  the  American  Academy. 

When  we  have  a  number  of  increments  of  a  commodity  we  attach 

but  little  importance  to  single  increments.     We  know  that  if  certain 

increments  are  taken  away  the  remaining  increments  will  satisfy  our 

wants  as  completely  as  before.     Our  valuation  of  each  increment  is 

letermined  by  the  importance  to  us  of  the  final  increment.     This  isj 

le  well-known  theory  of  final  utility,  according  to  which  each  increJ 

lent  of  an  object  has  the  value  of  the  final  increment.     A  being,! 
lowever,  who  has  intense  feelings,  but  has  not  the  power  of  contrast- 
ing and  comparing  these  feelings,  will  act  on  the  theory  of  initial 
utility;  that  is,  he  will  value  each  increment  of  an  object  by      ~ 
importance  of  the  first  or  initial  increment  to  him.     The  formula 
the  theory  of  initial  utility  is:  each  increment  of  a  commodity  has 
value  to  its  possessor  of  the  first  or  initial  increment. 

Suppose  a  hungry  lion  has  captured  a  deer  and  another  anil 
attempts  to  take  a  portion  of  it.     The  lion  will  resist  this  act  fiercely 
He  will  not  reason  that  a  small  portion  of  the  deer  will  satisfy  his 
hunger  and  that  the  portion  which  the  other  animal  desires  will  not 
affect  him.     He  attaches  the  same  importance  to  every  portion  of  the       , 
deer  that  he  attaches  to  the  first  portion  he  means  to  eat.     When  h|HI 
has  satisfied  a  part  of  his  appetite  his  action  is  more  moderate,  bt^^ll 
still  he  will  resist  any  attempt  to  take  a  portion  of  the  deer,  with  a  vigor 
depending  upon  his  appetite  at  the  time.     He  always  acts  on  the  same 
theory,  and  values  each  portion  of  what  he  has  left  by  the  importance 
to  him  of  the  first  portion  of  it.     There  is  a  gradual  fall  in  the  value 
as  the  hunger  is  satisfied,  but  there  is  no  comparison  of  the  successive 
states  of  feeling,  and  hence  their  relations  to  one  another  have  no 
influence  upon  the  valuation. 

Suppose  again,  a  hunter  kills  a  deer.  He  cuts  off"  a  portion  and 
gives  it  to  his  dog.  He  does  this  because  he  acts  on  the  theory  of 
final  utility.  He  knows  that  a  part  of  the  deer  will  satisfy  his  appo^ll 
lite  and  that  he  loses  nothing  by  giving  a  portion  of  it  to  his  dog^B^ 
The  dog,  however,  will  quarrel  with  any  animal  trying  to  take  a  part 
of  the  flesh  given  to  him,  although  it  may  be  much  more  than  he  can 
eat.  He  acts  on  the  theory  of  initial  utility  and  values  each  portion 
of  what  he  has  by  the  importance  of  the  first  part  to  him.  JtB 

The  difference  between  social  and  unsocial  beings  depends  ^P^^^PI 
their  theory  of  utility.  The  unsocial  being  adopts  the  theory  of  initial 
utility,  and  puts  himself  thereby  in  opposition  to  all  other  beings. 
He  wants  ever>'thing  he  sees,  and  he  values  the  whole  of  any  object 
by  the  utility  of  its  initial  increment.  He  regards  anyone  as  a  tres- 
passer who  invades  his  domain  and  is  as  hostile  to  him  as  he  is  to 
anyone  trying  to  get  a  portion  of  his  food.  The  peculiarities  of 
primitive  economic  conditions  favor  the  development  of  such  beings. 

[258] 


The  Beginning  op  Utility.  hi 


Only  a  few  favored  localities  have  free  food  in  abundance,  and 
in  the  struggle  for  existence  depends  upon  the  monopolization  of 
these  localities.  The  theory  of  initial  utility  aids  a  being  in  snch  a 
struggle,  as  it  causes  him  to  attach  more  importance  to  the  excluaiv« 
poosession  of  food  and  locality  than  he  would  otherwise  attach  to 
them.  It  promotes  contest  and  activity,  and  thus  leads  to  a  move 
rapid  development  of  function  and  desire.  The  increase  of  desire 
localizes  a  being  still  more.  It  canaet  him  to  r^ect  the  lesa  edible 
kinds  of  food,  thus  reducing  the  variety  of  his  diet  and  narrowing  the 
region  in  which  it  can  be  found.  So  long  as  these  conditions  con> 
tinue  there  is  an  increased  adjustment  to  the  local  environment  and  a 
growing  opposition  in  the  interests  of  individuals.  Social  progress  is 
impossible  without  a  new  theory  of  utility  and  other  economic  con- 
ditions. 

Not  only  are  intense  feelings  a  characteristic  of  the  pre-social  state, 
but  an  appreciation  of  degrees  of  utility  is  also  necessary  before  toler- 
ation, the  first  step  in  the  social  state,  is  possible.  Beings  must  be 
conscious  of  the  fact  that  additional  quantities  of  articles  have  leas 
importance  to  them  than  the  first  portion  before  they  will  tolerate  the 
presence  of  other  beings.  They  must  associate  the  consumption  of 
other  individuals  not  with  the  initial  increments  of  what  they  have, 
but  with  the  final  increments.  Each  being  thinks  of  the  others  as 
consoming  those  portions  of  commodity  which  have  little  or  no  value 
to  him.  The  conscious  opposition  between  beings  is  thus  reduced  to 
a  minimum  and  the  favorable  effects  of  association  are  allowed  their 
due  weight.  Furthermore,  the  pain  connected  with  driving  others 
away  from  the  locality  and  food  becomes  greater  than  the  pain  of 
losing  the  final  increments  of  the  food  supply.  The  consciousness  of 
degrees  of  utility  and  the  acceptance  of  the  theory  of  final  utility  that 
opens  the  way  for  social  actiWty. 

Subjective  cost,  however,  is  of  much  later  origin  and  has  social 
antecedents.  Professor  Giddings  speaks  of  the  pain,  wearinesSi 
terror  and  physical  mutilation  which  accompany  success  in  the 
struggle  for  existence  as  though  they  were  costs.*  This  is  an  error. 
True  cost  is  not  the  pain  that  accompanies  the  struggle  for  food  or  its 
consumption,  but  rather  the  pains  due  to  endeavors  to  increase  the 
food  supply.  Costs  arise  only  when  acts  of  production  begin.  They 
are  not  the  whole  of  the  pains  of  existence,  but  only  those  that  are 
coosdoualy  undergone  for  the  purpose  of  increasing  the  supply  of 
coanDoditiea.  They  can  arise  only  when  the  growth  of  social  in- 
stincts has  caused  individuals  to  give  up  the  struggle  for  the  free  goods 
of  the  local  environment  and  has  led  them  to  cooperate  in  the  better 

•(>caL,pafaaB. 

[259] 


112 


Annai^  of  the  American  Academy. 


utilization  of  the  general  environment  where  conscious  effort  will 
give  a  greater  surplus,  even  though  true  costs  have  now  become  a 
factor  in  the  calculations  of  individuals. 

When  Professor  Giddings  says  that  man  has  "an  enormously  greater 
capacity  for  pleasure  than  any  rival,"*  he  evidently  has  total  utility  and 
not  initial  utility  in  mind.     So  also  when  he  says,  "  Pleasure  admits 
of  indefinite  increase,  pain  of  indefinite  decrease,"  he  is  thinking  of 
the  total  quantity  of  pleasure  and  pain  and  not  of  the  intensity  of  any 
particular  variety  of  pleasure  or  pain.     His  argument,  however,  de- 
mands that  the  intensity  of  pleasure  be  increased  by  social  action.    H« 
must  show  that  the  capacity  for  pleasure  would  remain  infinitesims 
but  for  social  conditions.     Social  forces  do  undoubtedly  increase  tot 
utility,  but  they  do  it  not  by  increasing  the  intensity  of  the  init 
utility,  but  by  raising  the  utility  of  the  subsequent  increments.     The 
laws  of  variety  and  harmony  of  consumption  produce  this  result  in 
spite  of  the  lowering  of  the  initial  utility  which  accompanies  social 
progress.     A  high  initial  utility  and  a  large  total  utility  are  not  in 
harmony.     The  one  indicates  primitive  and  the  other  advanced  social       ± 
conditions.  ^|l 

It  is  easy  to  exaggerate  the  importance  of  association  and  co-opera-^^^ 
tion  by  overlooking  the  abundance  of  free  goods  which  certain  locali- 
ties afford  to  primitive  unsocial  beings.  The  struggle  for  the  possession  L 
of  these  regions  develops  intense  pleasures,  but  prevents  any  marked  f 
increase  of  total  utility.  Toleration,  association  and  imitation  belong 
to  a  later  stage  of  development  when  degrees  and  sums  of  utility  are 
objects  of  conscious  calculation.  Production  can  then  begin;  true 
costs  arise  and  the  amount  of  the  surplus  instead  of  the  mere  intensity 
of  pleasure  determines  action.  These  forces  cause  beings  to  utilize 
the  general  environment  instead  of  to  struggle  for  the  possession  of  a 
favorable  local  environment.  There  is  a  loss  of  the  free  goods  which 
the  local  environment  might  afford  to  a  few  individuals,  but  it  is  more 
than  compensated  by  the  increase  in  total  utility  which  the  new  con- 
ditions afford.  Society  begins  when  the  economic  tendencies  favor  an 
adjustment  to  the  general  environment  and  thus  make  the  surplus  of 
the  whole  society  instead  of  that  of  certain  individuals  the  determin- 
ing element  in  the  struggle  for  existence. 

University  0/  Pennsylvania.  SiMON  N.  PATTEN. 


PRESENT  CONDITION  OE  SOCIOI^OGY  IN  THE  UNITED  STATES. 

In  a  discussion  of  the  present  condition  of  sociology  in  this  country, 
we  must  not  confound  sociology  with  social  problems.  Social  prob- 
lems are  questions  growing  out  of  abnormal  social  relations.    Sociology 

•  Op.  cit.,  page  28. 

[260] 


Sociology  in  the  Unitbd  States.  113 

Is  the  science  which  proposes  to  investigate  social  relations.  There  is 
at  present  a  great  deal  of  thinking  about  social  problems,  much  of 
which  is  entirely  independent  of  a  sociological  science.  Oar  purpose 
is  to  set  forth  the  present  condition  of  thought  about  sociology. 

Bven  among  those  who  have  studied  the  science  most,  there  ar« 
vague  and  conflicting  notions  about  its  method  and  what  it  proposes 
to  do.  Some  hope  to  extract  from  metaphjrsics  a  "golden  medical 
discovery  "  that  will  cure  all  social  aches  and  pains,  or  at  least  a  formula 
that  will  solve  the  most  intricate  social  problem.  Others,  mistaking  a 
means  for  an  end,  think  that  the  sole  business  of  sociology  is  to  go 
nosing  about  in  the  slums  to  6nd  out  how  the  other  half  lives.  Some 
persons  condemn  the  science  because  of  this  latter  conception.  This 
is  the  idea  and  the  feeling  of  a  certain  professor  of  English,  who  is 
reported  to  have  said,  "  What  is  the  use  of  sending  out  students  of 
•odology  to  observe  the  conditions  of  life  among  the  poor,  when 
IHckens  and  Thackeray  have  done  all  that  work  much  better  than  they 
can  hope  to  do  it  ?  " 

Several  years  ago  Professor  Sumner,  of  Yale  College,  defined 
sociology  as  ••  the  science  of  life  in  society  ;  it  investigates  the  forces 
which  come  into  action  wherever  human  society  exists.  Its  practical 
utility  consists  in  deriving  the  rules  of  right  social  living  from  the 
(acts  and  laws  which  prevail  by  nature  in  the  constitution  of  society ;  •* 
and  Professor  Giddings,  of  Columbia  College,  says  that  "  general  or 
philosophical  sociology  is  a  broad  but  penetrating  and  thorough  sci- 
entific study  of  society  as  a  whole — a  search  for  its  causes,  for  the 
laws  of  its  structure  and  growth,  and  for  a  rational  view  of  its  purpose, 
function,  meaning  or  destiny."  We  shall  see  that  among  sociologists 
there  is  a  wide  difference  of  opinion  in  regard  to  the  content  of  these 
definitions.  If  one  expects  to  find,  in  present  sociological  thought,  a 
definite  conception  of  the  nature  and  function  of  the  science  of  soci* 
ologyt  or  a  clear  body  of  thought  concerning  its  scope,  its  method  and 
its  object,  he  will  be  disappointed.  It  takes  a  science  a  long  time  to 
free  itself  from  charlatanry  and  metaph3rsics,  and  to  formulate  precise 
definitions.  This  is  the  task  which  sociology  is  now  trying  to  accom- 
plish. And  while  it  is  thus  engaged  it  cannot  make  great  headway  in 
popular  favor. 

With  this  preliminary  suggestion  of  what  we  shall  find,  let  us  now 
examine  the  condition  of  thought  among  sociologists  themselves.  In 
order  to  determine  this  condition.  I  recently  wrote  to  sll  the  teachers 
of  sociology  in  the  United  States,  and  to  others  known  to  be  deeply 
iatmated  in  the  subject  and  entitled  to  express  an  opinion,  and  asked 
them  to  answer  the  following  questions : 

I.  Which  term  do  you  prefer.  Social  Science  or  Sociology? 

[361] 


114  Annai^  of  the  Amkrican  Acadkmy. 

2.  Do  you  think  the  study  is  entitled  to  be  called  a  science  ? 

3.  In  what  department  does  it  belong  ? 

4.  What  is  its  relation  to   Political  Economy,  History,  Politi 
Science,  Ethics? 

5.  How  much  of  the  subject,  if  any,  should  be  taught  in  the  hig] 
school? 

6.  In  what  year  of  the  college  course  should  the  subject  be  in 
duced,  and  what  subjects  do  you  regard  as  directly  preparatory  ? 

7.  What  is  the  nature  of  the  course  that  should  be  offered  to  under- 
graduates ? 

8.  Would  you   divide   the    subject   into  descriptive,   statical   an 
dynamic,  and  in  what  sense  do  you  use  each  of  these  terms  ? 

9.  What  relative  importance  does  the  treatment  of  the  dependent^i 
defective  and  delinquent  classes  hold  ? 

Notwithstanding  the  disagreeable  suggestion  of  an  unauthoriz< 
examination  which  my  letters  must  have  raised,  they  received  fro; 
most  of  my  correspondents  immediate  attention.     About  forty  ha- 
replied.    Of  these,  three  pleaded  knowledge  insuflacient  to  entitle  th( 
to  an  opinion.     All  the  others  gave  answers  to  at  least  some  of  th 
questions.      From  the  nature  of   the  case,   answers    could  not  be! 
otherwise  than  brief.      In  this  respect  one  reply  is  a  model.     One 
would  scarcely  think  that  the  fourth  question,  What  is  the  relation  of 
Sociology  to  Political  Economy,  History,  Political  Science  and  Ethics, 
could  be  dealt  with  briefly.     But  one  writer  disposes  of  it  as  follows 
"  The  relation  of  Sociology  to  Political  Economy,  History,  etc.,  is  close.^ 
On  the  whole,  however,  the  replies  are  far  more  complete  and  morel 
carefully  written  than  I  expected  to  receive.     A  brief  summary  of  the' 
opinions  expressed '  will  illustrate  the  condition  of  thought  about 
sociology  among  those  who  ought  to  be  informed.      Do  not  anticipate 
from  this  summary  a  clarification  of  sociological  ideas,  but  look  rather 
to  see  the  confusion  in  which  sociological  thought  is  involved.     We 
shall  take  up  each  question  separately. 

In  answer  to  the  first  question,  only  six  expressed  themselves  as 
preferring  the  term  Social  Science.  Among  the  reasons  offered  for 
preferring  this  term  are  its  breadth  and  the  popular  prejudice  against 
an  increase  in  the  nimiber  of  the  "  ologies."  Three  find  a  use  for  both 
terms,  two  using  them  interchangeably.  Still  another  writes,  "Per- 
sonally I  prefer  neither,  but  should  like  to  see  the  term  Politics  used 
in  the  broad  Aristotelian  sense,  reserving  the  term,  Political  Science 
for  the  narrower  region  relating  to  governmental  relations."  The 
great  majority,  however,  are  in  favor  of  using  the  name  Sociology 
because,  they  say,  it  is  one  word,  and  has  also  its  adjective,  sociolog- 
ical.    While  not  assimiing  so  much  as  "Social  Science,"  it  suggests 

[262] 


4 


SOCIOIXXJY  IN  THB  UNITED  STATES.  II 5 

more  unity,  and  distinguiahes  itself  from  several  social  iciencw. 
Moreover,  it  has  been  adopted  by  such  men  as  Comte,  Spencer,  Ward, 
Giddings  and  others.  No  objection  was  offered  on  account  of  the 
etymology  of  the  word.  The  name,  then,  that  Bttms  to  have  the  field 
is  Sociology.* 

But  is  sociology  a  science  ?  Fully  three-fourths  of  the  answers  to  this 
question  are  in  the  affirmative.  Some  say  it  is  a  "becoming  science.*' 
Professor  John  Bascom,  of  Williams  College,  writes,  *'  It  is  a  question 
of  degrees.  It  will  do  no  harm  to  call  it  a  science  ifwe  do  not  abate  our 
•flbrt  to  make  it  one."  The  de6nition  of  science  upon  which  these 
answers  seem  to  be  based  is  a  systematized  body  of  knowledge,  or  as 
Professor  John  R.  Commons,  of  Indiana  University,  puts  it,  "The 
study  and  cla.s8ification  of  a  body  of  facts,  with  a  view  to  discovering 
oo*ezistences  and  sequences."  But  there  is  another  point  of  view 
from  which  the  question  may  be  regarded,  namely.  Is  there  a  special 
field  for  sociology  ?  Does  it  justify  itself  by  showing  a  qualitative 
differentiation  from  antecedent  sciences  ?  Those  who  recognise  this 
point  of  view  think  that  sociology  either  is  or  is  rapidly  becoming  a 
science. 

How  then,  we  ask,  shall  this  new  science  be  classified  ?  In  what 
department  does  it  belong  ?  Most  of  the  teachers  of  sociology  think 
it  ought  to  form  a  department  by  itself.  Some  would  place  it  in  the 
department  of  the  social  sciences,  along  with  politics,  economics, 
juri^mdence,  etc.  Others  would  change  the  order,  maVing  «]1  the 
social  sciences  divisions  of  sociology.  On  the  other  hand,  PioftMor 
Giddings  says,  "  General  sociology  cannot  be  divided  into  special 
social  sciences,  such  as  economics,  law,  politics,  etc.,  without  losing 
its  distinctive  character.  It  should  be  looked  upon  as  the  foondatioB 
or  groundwork  of  these  sciences,  rather  than  as  their  sum  or  as  their 
collective  name."    Scattering  replies  place  it  under  psychology,  morsl 

•White  adopUng  this  term,  some  complain  of  Its  mlsose.  Profe— or  O.  W. 
Fatrkk,  of  the  Univerrity  of  Iowa,  writes.  "The  word  todolacy  has  bcea  mack 
ussd  la  this  country,  unfortunately,  I  think,  as  syaoajrmoas  with  the  science  oC 
Charities  and  Corrections."  And  Professor  William  MacOooald,  of  Bowdota  Col> 
tairSi  asysi  "  I  prefer  the  term  Sociology.  nndcrtaiHng  hgr  that  tana  the  adeaoa 
oChamaa  society.  The  ose  of  the  tana  to  dcaote  sjstaaistic  faqttaj  hrto  the  sab" 
jscts  of  Clime,  pauperism  and  labor  accau  lo  aM  aarrow,  aad  Ukciy  to  withdraw 
sttSBliMi  tnm  Biore  important  and  OMica  fhadsBHBtsI  laqalftea."  The  word 
"aodologjr,*'  as  first  used  by  ComU  in  the  **  Cmrs  4t  Fkihtt^kii  pMttim,"  was  a 
**  aarae  for  that  part  of  a  positive  or  Teriftable  phOoaophy.  which  shoald  attempt  to 
explain  the  phenomena  of  human  society.  It  was  exactly  equivalent  to  *  aodal 
phyilca.'  for  the  Usk  of  Sociology  was  to  diaeovar  tha  aatart,  the  1 
aad  tha  aataral  laws  of  socieCy.  aad  to  baalah  ftaat  Ualary. 
«te..  an  appeals  to  the  SMlaphyalcal  aad  the  aaperaataral.  aa  they  had 
fraat  sstToaomy  aad  chcaUalry."~ProfcaMr  Fraakhn  H.  < 


ii6  Annai3  of  thk  American  Academy. 

and  political  science,  political  economy  and  anthropology.  One 
teacher  thinks  it  belongs  under  the  "humanities,"  while  two  say  it 
has  no  natural  boundaries,  and  is  therefore  not  included  in  any  one 
department.  A  general  feeling  in  regard  to  the  question  is  expressed, 
perhaps,  by  Professor  John  Dewey,  of  the  University  of  Chicago,  who 
says,  "I  don't  feel  at  all  sure.  It  would  seem  well  to  have  it  a  sep- 
arate branch,  in  order  to  make  sure  that  it  received  proper  attention, 
but  I  think  its  separation  a  great  pity  if  it  means  isolation  from  any 
of  the  great  subjects  mentioned  in  question  four ;  i.  <?.,  Political 
Economy,  History,  Political  Science  and  Ethics."  "Sociology,"  he 
continues,  *' should  be  a  sort  of  meeting  place  for  the  organized  co- 
operation of  these  subjects,  it  supplying  the  general  theory  and  prin- 
ciples and  progress,  they  filling  in  the  media  axiomata  and  the 
fecial  facts," 

These  answers  indicate  the  opinion  in  regard  to  the  matter  inquired 
about  in  the  next  question,  namely,  the  relation  of  sociology  to 
pohtical  economy,  history,  political  science  and  ethics.  Those  who 
believe  that  all  these  branches  are  departments  of  sociology  con- 
tent themselves  by  merely  saying  so.  Those  who  regard  sociology  as 
an  independent  science  think  its  function  is  to  co-ordinate  the  results 
of  these  special  sciences,  or  that  sociology  studies  the  same  phenomena 
from  a  diflferent  point  of  view ;  that  is,  sociology  treats  of  the  phe- 
nomena of  economics,  etc. ,  that  are  due  to  the  existence  of  society. 
For  this  study  history  furnishes  material.  It  is  the  medium  through 
which  sociological  phenomena  must  be  observed.*    "History,"  says 

*  But  history  is  dependent  upon  sociology  for  its  topics  and  its  valuation.  "  I 
would  like  to  emphasize  this  thought,"  says  Professor  James  R.  Weaver,  of  De 
Pauw  University,  "  that  history  may  be  taught  best  through  some  such  study  as 
constitutional  law,  the  theory  of  the  state,  international  law,  or  sociology."  To 
better  indicate  the  points  of  view,  I  give  a  few  answers  to  this  fourth  question  in 
full.  "  I  should  adopt  a  classification  like  that  of  DeGreef  History  is  sociological 
evolution.  I  should  say  that  ethics  looked  at,  not  from  an  historical  and  descrip- 
tive standpoint,  but  from  that  of  improvement,  is  identical  with  Sociology.  It  is 
Sociology  working  toward  the  goal  of  human  betterment."— Professor  J.  R.  Com- 
mons, Indiana  University, 

"  Political  economy  is  not  a  department  of  social  science,  nor  is  political  science. 
Both  furnish  materials  to  social  science,  but  are  to  have  their  independence 
respected.  This  last  is  true  of  history  as  a  fundamental  discipline.  Ethics  is 
merely  a  related  subject  according  to  the  Intuitional  Conception.  Conceived  in 
it«  evolutionary  aspect,  it  is  parallel  with  political  economy  and  political  science, 
Maiding  social  science."— Professor  D.  Collin  Wells,  Dartmouth  College. 

••  History  simply  contributes  material  to  this  as  to  all  the  other  social  sciences. 
Ethics,  understood  not  as  a  science  of  life,  but  as  a  science  of  conduct,  is  a  depart- 
ment  of  Sociology,  Political  economy  and  politics  lie  partly  within  and  partly 
without  the  field  of  Sociology,  but  they  are  so  special,  so  highly  developed,  and, 
moreover,  comprise  so  much  that  is  so  technical,  that  they  should  not  be  regarded 

[264] 


I 


• 


Sociology  in  thb  United  States.  117 

one,  "  is  its  material,  ethics  its  guide,  political  economy  its  inter- 
preter, and  a  rational  system  of  political  science  its  proposed  end.*' 
Siony  express  themselves  as  in  doubt  about  the  relation  of  ethics  to 
sociology.  Professor  Anthony,  of  Bates  College,  says  that  *'  Sociology 
is  Political  Economy  in  practice.  History  in  the  making*  Political 
Science  as  an  art,  and  Ethics  applied."  And  this  view  of  ethics  is 
held  by  Professor  Peabody,  of  Harvard,  who  describes  sociology  as 
ethics  applied  to  the  economic  situation. 

Coming  now  to  the  opinious  expressed  in  regard  to  the  time  when 
the  study  of  sociolog>-  should  be  introduced  into  the  schools,  we  find 
decidedly  more  agreement  Only  six  think  any  part  of  sociology 
■honld  be  taught  in  the  high  school,  and  three  of  these,  owing  to  the 
absence  of  suitable  textbooks,*  think  it  is  of  doubtful  utility.  Pro- 
fessor Commons  thinks  the  high  school  should  teach  "descriptive 
sociology,  local,  State  and  federal  government,  administration,  labor, 
capital,  pauperism,  etc.,  the  whole  subject  treated  objectively,  begin- 
ning with  the  best  known  facts  in  the  locality  and  proceeding  out- 
ward, one-half  hour  a  day  more  or  less  during  the  entire  high  school 
course."  "The  teacher,"  he  says,  "could  make  it  an  exercise  for 
the  entire  school,  and  by  alternating  the  subjects,  the  teaching  force 
would  not  have  to  be  enlarged. "  Professor  Charles  R,  Henderson,  of 
the  University  of  Chicago,  would  have  a  brief  sketch  course  introduced 
very  early.f  This  course  should  provide  for  systematic  observation 
of  £uniliar  social  facts.  There  is  almost  general  agreement,  however, 
that  sociology  proper  is  a  branch  that  cannot  be  successfully  taught 
outride  of  the  college  or  university. 

As  to  what  year  in  the  college  course  the  study  should  be  taken  np, 
there  is  some  uncertainty  and  much  diflference  of  opinion.   Twenty^Dor 

at  brmnches  of  Sociolojry,  but  as  independent  science*.— ProfcMor  K.  A.  Sosi^ 
iidand  SUnford  Jr.  University. 

••  IN>litical  economy  and  social  science  hare  to  do  with  many  qttcstiotts  inUmatdy 
rvlatcd,  and  so  affecting  each  other  that  it  U  difficult  to  separate  them.  History, 
recording  the  evolution  of  society,  must  Ukc  account  of  many  causes  and  eveata. 
the  laws  and  institutions  entering  into  its  structure.  The  study  of  social  science 
fives  opportunity  for  pointing  out  the  resulU  of  certain  forces  operaUng  daring  a 
ocTtala  historic  period,  and  I,  therefore,  regard  the  reUtion  of  social  science  and 
kislory  as  very  close  and  imporUnt. "-Professor  H.  h.  Reynolds.  Adrian  CoDege. 

•Prafcssor  A.  W.  Small  and  Mr.  George  B.  Vincent,  of  the  University  of 
ChiGaflo,bave  recenUy  published  an  excellent  textbook  entitled,  "An  IntrodwtiM 
to  the  aiady  of  Society. ' ' 

tProftsKM-  Henderson  says :  "  Sociology  shoald  not  be  Introduced  as  a  formal 
and  separate  study  before  the  second  year  of  the  college  course,  and  then  only  in 
a  general  survey  to  precede  special  social  stndka.  But  from  the  tiuM  that  children 
begin  to  study  geography  and  history  in  the  aebooU.  a  tether  aoqnalBtcd  with 
sock>k}gical  methods  can  tralp  pupils  in  the  haWt  of  obMrriac. 
naming  and  reasoning  upon  the  social  phenomena." 

[265] 


ii8  Annals  of  ths  American  Academy. 

answer  the  question  directly.     Of  these,  four  would  have  sociologyj 
taught  in   the  Freshman  year,   two  in  the  Sophomore,  five  in  the 
Junior,  and  thirteen  in  the  Senior  year.     Others  were  uncertain,  oi 
felt  unprepared  to  answer.     As  a  matter  of  fact,  most  of  the  courses  ia^ 
sociology  dflfered  in  the  United  States  are  graduate  courses,  or  Senior 
year  electives.      As  preparatory  studies,  history  takes  the  first  rank, 
with  political  economy  second.      Ethics,  psychology  and  biology  are 
also  named  by  many  as  desirable,  biology,  especially,  for    besides 
encouraging  the  scientific  habit  of  mind,  it  gives  a  definite  and  con- 
crete conception  of  the  theory  of  development  as  worked  out  in  that 
science,  which  is  useful  in  the  study  of  social  evolution.     Logic,  politi- 
cal science,  civics  and  anthropology  are  each  mentioned  once.     ^^•^■1 
A.  W.  Small  would  have  descriptive  sociology  taught  as  a  preparation^^l 
for  all  the  special  social  sciences,  and  then,  after  a  preparation  has         ' 
been  gained  in  biology,  psychology,  history,  ethics,  political  science, 
and,  if  possible,  anthropology,   he  would  introduce  the  elements  of 
statical    and  dynamic    sociology.       Preparatory    studies    aside,   the 
opinion  seems  to  be  all  but  general  that  every  well-regidated  college 
and  university  should  oflfer  a  course  in  sociology  to  its  undergraduates. 

What  should  be  the  nature  of  that  course  ?  To  this  question  I  received 
few  definite  replies.  "General  summary,"  "  elementary  and  stimu- 
lating," "only  those  topics  which  illustrate  economics,"  and  other 
like  answers,  are  too  vague  to  be  effectively  summarized.  The  implied 
opinion  seems  to  be  expressed  in  the  reply  of  Professor  C.  H.  Cooley, 
of  Michigan  University,  which  I  quote:  "In  my  opinion,  such  a 
course  should  consist  of  two  parts:  first,  a  concrete  survey  of  historical 
forms  of  association  from  the  primitive  family — or  horde — down  to  the 
numerous  and  complex  associations  of  the  present  day.  This  survey^™! 
should  be  something  more  than  a  condensation  of  the  history  of^fl 
institutions.  It  should  be  unified  throughout  by  applying  to  all  insti-  i 
tntions  certain  fundamental  questions  relating  to  their  sociological 
character — such  as  how  far  they  are  free,  how  far  coercive,  whether 
vague  and  indefinite  or  formal  and  binding;  the  physical  mechanism 
of  their  organization,  as  transportation  and  the  facilities  for  the  pro- 
duction and  preservation  of  material  goods;  the  psychical  mechanism- 
means  for  the  dissemination  and  preservation  of  thought,  communica- 
tion, law,  custom,  morality  and  literature.  These  things  have  been 
much  studied  in  themselves,  but  little  as  factors  of  association. 

"The  second  part  of  the  course  should  attempt  a  searching  and 
somewhat  detailed  analysis — a  Theory  of  Association.  To  show  what 
I  mean  I  would  cite  the  first  two  volumes  of  Schaffle's  *  Ban  und 
Leben'  as  an  attempt  to  work  out  such  a  theory.  To  accomplish  an 
analysis  of  association  is  the  main  end  of  the  study,  but  I  believe  that 

[266] 


Sociology  in  the  United  States.  119 

the  concrete  historical  sarvej  will  be  found  indispensable  m  as 
introduction.  Let  the  student  pass  from  historical  facts  and  pioz' 
imate  explanations  to  a  more  general  and  penetrating  analysis." 

We  come  now  to  the  question  whether,  for  purpoaea  of  study  and 
investigation,  sociology  should  be  divided  into  descriptive,  statical 
and  dynamic.  Out  of  twenty-three  answers  to  this  inquiry,  nine  are  in 
favor  of  such  a  division,  while  fourteen  are  opposed.  In  the  Univer' 
sity  of  Chicago  and  in  the  Leland  Stanford  Jr.  University  this  division  i* 
adopted.  It  will  be  interesting,  therefore,  to  know  in  what  sense  the 
terms  are  used.  Dr.  Small  defines  the  term  "  descriptive  "  as  applied 
to  sociology  as  the  "correlation  of  historical  and  analytical  facts  fdx>ut 
society  as  it  has  been  and  is;"  "  statical,"  as  "  the  ideal  of  society  in 
equilibrium,  essential  social  structure  and  needs  being  the  critexion;*' 
and  "dynamic,"  as  "the  doctrine  of  the  application  of  available 
social  forces  for  approach  to  the  ideal."  Professor  Rom  defines  the 
terms  as  follows:  "'Descriptive,'  a  preliminary  survey  to  provide 
actual  data;  '  statical,'  seeks  to  distinguish  social  types,  and  the  forme 
of  institutions,  in  order  to  determine  the  laws  of  their  cooistenoe 
and  sequence;  'dynamic,'  studies  the  forces  underlying  social  phe- 
nomena and  causing  movement  and  change,  in  order  to  ascertain  the 
laws  of  their  action,  and  thereby  the  mode  of  controlling  them  for  the 
furtherance  of  social  progress."*  The  objections  urged  against  this 
division  are  that  the  terms  are  too  vague,  not  co-ordinate,  and  that 
description  is  not  a  division  of  science.  Professor  H.  H.  Powers,  of 
Smith  College,  writes:  "Description  is  a  necessary  part  of  scientific 
work,  but  not  a  division  of  the  science.  The  science  is  necessarily 
djmamic  in  its  fuller  treatment,  in  that  it  treats  of  forces  in  action, 
evolution  in  progress.  To  lose  sight  of  this  for  a  moment,  to  explain 
the  family,  the  state,  religion,  etc.,  as  accomplished  or  fully  evolved 
facts  is  the  greatest  difBculty  we  have  to  meet.  To  overcome  this  vicious 
habit  of  assuming  momentary  adjects  of  social  institutions  as  norms 
of  judgment,  we  cannot  too  often  or  stoutly  insist  that  the  science  is 
dynamic,  and  all  its  elementary  substances  plastic,  nascent,  and  ever 
entering  into  new  combinationsL  Static  studies  are  not  co-ordinate 
with,  but  subordinate  to  this  fimdamental  conception.  They  are 
valuable  as  giving  us  temporary  and  local  phases  of  social  combinations, 

•  Profcssui  Dewey  my :  "  I  thtas  dhridc  it  The  term  descriptive  wetmM  to  me 
Bccemary  at  pre«eat,  bat  I  tliink  nlthaatcty  an  material  now  pat  under  that  head 
Sbonld  And  a  place  under  stotical  and  dynamic.  It  appear*  to  me  to  be  a  separate 
bead  dmply  in  ao  far  as  there  is  a  maaa  of  facta  whose  aiffnlficance  with  reference 
to  general  principles  b  not,  as  yet,  seen.  SUtical.Iooaalder  theprindplcaof  aodal 
orpuriaation  a*  auch:  the  itmctuna  rclattoas.  the  ■orphofcigy.  Dynaadc  la  the 
theory  of  aodal  movement  as  anch;  the  Anetfoalac  of  tlM  Offaas  so  fer  as  tbey 
IsTolve  modlflcaUon  of  stmctnre,— the  phyiiotogy." 

[867] 


I20  Annals  of  the  American  Academy. 

instantaneous  photographs  of  a  moving  scene  in  successive  mo- 
ments. But  it  takes  many  such  pictures  to  suggest  the  moving  and 
changing  fact  There  is  no  approximation  to  equality  between  a 
static  and  a  dynamic  study." 

This  point  of  view  is  taken  by  several.  A  few  propose  other 
divisions,  as  for  instance,  historical,  practical  and  theoretical;  and 
again,  historical,  comparative,  or  descriptive,  theoretical  and  applied. 
Professor  Giddings  adopts  the  following  division:  Ethnographic,  demo- 
graphic, and  social  pathology;  Ethnographic,  in  the  sense  of  the 
general  sociology  of  those  savage  and  barbarous  peoples  who  are  organ- 
ized in  herds,  clans  and  tribes;  Demographic,  as  the  sociology  of  the 
great  modem  populations  which  are  politically  organized  in  national 
States;  and  Social  Pathology,  as  the  study  of  abnormal  social  phe- 
nomena. "Many  sociologists,"  says  Professor  Giddings,  "would 
maintain  that  a  constructive  general  sociology  can  be  built  up  only  on 
the  basis  of  researches  in  social  pathology." 

And  this  leads  us  to  the  last  question,  in  regard  to  the  importance  of 
social  pathology,  or  the  treatment  of  the  dependent,  defective,  and 
delinquent  classes,  as  a  branch  of  sociology.  "  The  treatment  of  these 
classes,"  says  Professor  Chapin,  of  Beloit  College,  "holds  a  place 
somewhat  analogous  to  that  of  pathology  in  medical  studies."  And 
this  is  the  opinion  of  Professor  Henderson,*  Professor  Peabody,t  and 
many  others.  To  quote  again  Professor  Giddings:  **  Social  pathology 
has  for  the  sociologist  the  same  importance  that  physical  or  mental 
abnormality  or  illness  has  for  the  physiologist  or  the  psychologist  The 
abnormal  reveals  and  defines  the  normal."  On  the  other  hand,  there! 
are  those  who  deny  to  social  pathology  this  important  place.  "The 
treatment  of  these  classes,"  says  Professor  James  W.  Cain,  of  St.  Johns 
College,  "would  come  more  fittingly  under  political  science,  or  better 
still,  under  practical  politics.  With  the  treatment  of  any  class  socio- 
logy can  have  nothing  to  do."  To  the  same  effect  and  more  emphat- 
ically. Professor  Powers  writes:  "  Sociology  is  not  social  pathology. 
The  tendency  to  confound  the  two  is  contrary  to  etymology  and  all 
scientific  precedent  and  experience.  We  shall  never  understand  the 
abnormal  till  we  have  understood  the  normal  and  determined  the  norm 

•  Professor  Henderson's  view  is  staUd  as  follows:  "As  there  is  normal  anatomy, 
physiology  and  hygiene  of  the  sound  and  growing  body,  so  there  is  a  morbid 
anatomy,  physiologfy  and  therapeutics  of  the  broken  and  diseased  body.  Study 
of  the  abnormal  must  be  carried  on  in  relation  to  the  study  of  the  natural  life  of 
aodety,  and  social  pathology  thus  comes  to  be  a  special  department  under  general 
•ociology:  sUtical,  and  dynamical." 

t  *•  The  treatment  of  charity,"  says  Professor  Peabody,  '*  must  be  preliminary  and 
subordinate  to  the  larger  question  of  those  who  can  help  themselves.  It  is  the , 
pathological  side  of  the  subject." 

[268] 


• 
I 


iMPROVEBiENT  OP  COUNTRY   ROADS.  121 

from  which  to  meastire  the  degree  of  departure.  The  study  of 
dependents,  etc.,  has  failed  both  of  scientific  accuracy  and  profitable 
reforms  on  account  of  the  variously  vague  notions  regarding  normal 
man  and  the  consequent  direction  which  reform  should  take.  Those 
who  begin  with  the  study  of  the  abnormal,  usually  assume,  at  least 
unconsciously,  that  the  normal  is  largely  present  in  society  and  is 
fUtic  The  abnormal  needs,  therefore,  to  be  conformed  to  it  As 
a  matter  of  fact,  the  normal  does  not  exist  except  as  an  evolving 
fiict,  and  the  abnormal  is  an  incident  of  it,  a  lateral  moraine  of  the 
moving  glacier  of  society.  Only  the  glacier  and  the  law  of  its  move- 
ment can  explain  the  moraine.  Social  pathology  is  an  exceedingly 
fanportant  science  belonging  to  a  secondary  group— €riminologitnd,jy 
of  classes,  etc." 

This  brief  presentation  of  many  conflicting  opinions  is  fu  from  sat- 
iiCsctory.  But  my  task  is  not  to  clear  up  ideas  about  sociology,  but  to 
show  the  chaotic  condition  of  sociological  thought. 

The  inability  of  sociology  to  answer  certain  questions,  scientific  and 
pedagogic,  only  shows  what  every  sociologist  admits,  that  the  science 
is  in  a  more  or  less  tmdefined  and  tentative  position.  It  does  not  dis> 
prove  the  existence  of  the  science.  "Sociology  exists,"  as  Herbert 
Spencer  wrote,  "  because  there  exists  a  social  organism."  It  is  still  a 
very  incomplete  science.  The  same  may  be  said  of  all  the  other  con- 
crete sciences.  Sociology  is  far  behind  many  of  them,  but  they  have 
all  passed  through  their  formative  periods,  and  faced  the  objections  of 
irrelevancy  and  futility.  There  was  a  time  when  physics  and  astxxMi- 
omy  "belonged  to  the  divine  classes  of  phenomena  in  which  human 
research  was  insane,  fruitless  and  impious.'*  But  they  have  outlived 
these  objections.    And  so  also  will  sociology. 

Okimgo.  IKA  W.  HOWSRTB. 


nCPROVBMSMT   OP    COUNTRY    ROADS    IN    MASSACHUSBTTS    AND 
NBW  YORK. 

The  improvement  of  country  roads  is  a  subject  that  is  rightly  recctv- 
ing  a  large  amount  of  attention  on  the  part  of  scholaxa  and  men  of 
business.  The  marked  inferiority  of  the  highwa3rs  in  America  as 
compared  with  those  of  Htiropean  countries  has  led  to  an  earnest 
attempt  by  several  SUtes  to  inaugurate  a  reform.  What  has  been  done 
is  but  a  beginning;  the  demand  for  better  roads  may  be  expected  to 
fltrengthen  with  the  increase  of  intelligence  on  the  subject  and  as  the 
necessity  for  them  becotqes  greater  because  of  the  growth  in  the 
density  of  population.  More  has  been  done  by  New  York  and  Ifassa- 
chttsetts  than  by  the  other  SUtes,  and  the  laws  passed  last  jrear  by 
these  two  States  may  well  be  referred  to. 


122  Annals  of  the  American  Academy. 

Massachusetts  has  frequently  been  in   the  van  of  movements 
reform,   and  so  she   is  in  the  attempt  to  secure  good  roads. 
Legislature,  in  1892,  passed  "An  Act  to  Establish  a  Commission 
Improve  the  Highways"  of  the  Commonwealth.     This  commissioi 
made  a  report,  February,  1893,*  in  which  were  discussed  the  topog- 
raphy of  the  State,  the  road  material  of  Massachusetts,  the  condition 
of  Massachusetts  roads,  the  economics  of  Massachusetts  roads,  and 
methods  of  construction.    The  report  was  made  by  George  A.  Perkins, 
W.  E.  McClintock  and  N.  S.  Shaler,  and  contained  a  good  deal  o^HI 
valuable  information.  ^H| 

In  June,  following  this  report,  the  Legislature  passed  an  act  estabUsh- 
ing  a  permanent  "  highway  commission  [of  three  men]  to  improve  the 
public  roads  "  and  defining  its  powers  and  duties.  The  main  features 
of  this  act  are  contained  in  section  six,  which  reads  as  follows: 

"Whenever  the  county  commissioners  of  a  county  adjudge  that  the  common 
necessity  and  convenience  require  that  the  Commonwealth  acquire  as  a  State 
highway  a  new  or  an  existing  road  in  that  county,  they  may  apply  by  petition  in 
writing  to  the  Massachusetts  Highway  Commission,  Stating  the  road  they  recom- 
mend, and  setting  forth  a  detailed  description  of  said  road  by  metes  and  bounds, 
together  with  a  plan  and  profile  of  the  same.  Said  commission  shall  consider  such 
petition,  and  if  they  adjudge  that  it  ought  to  be  allowed,  they  shall  in  writing  so 
notify  said  county  commissioners.  It  shall  then  become  the  duty  of  said  county 
commissioners  to  cause  said  road  to  be  surveyed  and  laid  out  in  the  manner  pro- 
vided for  the  laying  out  and  alteration  of  highways,  the  entire  expense  thereof  to 
be  borne  and  paid  by  said  county.  Said  county  commissioners  shall  preserve  a 
copy  of  such  petition,  plans  and  profiles  with  their  records  for  public  inspection. 
When  said  commission  shall  be  satisfied  that  said  county  commissioners  have  propn 
crly  surveyed  and  laid  out  said  road,  and  set  in  place  suitable  monuments,  and 
have  furnished  said  commission  with  plans  and  profiles,  on  which  shall  be  shown 
such  monuments  and  established  grades,  in  accordance  with  the  rules  and  regula- 
tions of  said  commission,  said  commission  may  approve  the  same,  and  so  notify 
in  writing  said  county  commissioners.  Said  commission  shall  then  present  a  certi- 
fied copy  of  said  petition,  on  which  their  approval  shall  be  indicated,  together  with 
their  estimates  for  constructing  said  road  and  the  estimated  annual  cost  for  main- 
taining the  same,  to  the  Secretary  of  the  Commonwealth,  who  shall  at  once  lay 
the  same  before  the  Legislature,  if  it  is  in  session,  otherwise  on  the  second  Wed- 
nesday of  January  following.  If  the  I,egislature  makes  appropriation  for  con- 
structing said  road,  said  commission  shall  cause  said  road  to  be  constructed  in 
accordance  with  this  act,  and  when  completed  and  approved  by  them,  said  road 
shall  become  a  State  highway  and  thereafter  shall  be  maintained  by  the  Common- 
wealth under  the  supervision  of  said  commission." 

Massachusetts  has  thus  established  a  State  Commission,  one  of 
whose  powers  enables  it  to  co-operate  with  the  county  commissioners 
in  the  conversion  of  the  more  important  roads  into  State  highways 
under  State  control.  The  commissioners  appointed  in  1892  were 
reappointed  under  the  act  of  1893. 

•  "  Highways  of  Massachusetts,"  Report  of  the  Commission  to  Improve  the  High- 
ways of  the  Commonwealth.    February,  1893.    Pp.238.    Boston:  1893. 

[270] 


Improvkmbnt  of  Country  Roads.  123 

New  York  is  trying  the  county  system,  as  recommended  by  Governor 
Flower.  The  Legislature  passed  an  act  in  the  spring  of  1893,  •  by 
means  of  which 

"  The  board  of  supenri«ors  of  aoy  county  may.  by  a  concurring  vote  of  at  Icaat 
a  minority  of  the  members  thereof,  by  resolution,  adopt  the  county  road  aystcin, 
and  shall,  as  soon  as  practicable  after  the  adoption  of  aach  reaolntion.  caoae  to  be 
designated  as  county  roads  such  portions  of  the  pnbUc  highways  in  such  ooonty 
not  within  an  incorporated  village  or  city  as  they  shall  deem  advisable.  .  .  .  The 
roads  so  designated  shall,  as  far  as  practicable,  be  leading  market  roads  in  such 
county." 

Each  county  adopting  this  system  shall  have  an  engineer  appointed 
by  the  board  of  superN-i-sors.  * '  The  expense  of  maintaining  the  county 
roads  of  each  county  shall  be  a  county  charge." 

New  York  now  has  three  systems  of  road-making:  (i)  The  town 
■ystem  by  which  the  taxpayers  are  allowed  to  work  out  their  ■norm 
snenta;  this  is  known  as  "The  Labor  System  of  Taxation."  (3)  The 
town  system  having  "The  Money  System  of  Taxation."  (3)  The 
county  system  as  provided  for  by  the  law  of  1893.  The  adoption  of 
the  money  system  of  taxation  is  optional  with  the  town;  the  county 
system,  as  stated  above,  depends  upon  the  will  of  the  county  super- 


Shortly  after  the  passage  of  the  law  making  the  county  system  per- 
missive, the  New  York  Legislature  proWded  for  the  publication  and 
distribution  of  a  "  Highway  Manual  of  New  York,"  f  containing  a 
compilation  of  the  highway  laws  of  the  State,  defining  the  powers 
and  duties  of  highway  officers  and  resident  taxpayers,  and  giving 
diagrams  and  practical  suggestions  and  directions  for  grading,  building 
roads,  etc.  The  manual,  as  prepared  by  N.  S.  Spalding,  assisted  t>y 
three  Commissioners  of  Statutory  Revision,  Daniel  Magone,  Charlea 
A.  Collin  and  John  J.  Linson,  is  a  well-arranged  compendiimi  of  the 
laws  of  New  York.  The  part  devoted  to  "Practical  Suggestions  on 
Highway  Construction  and  Maintenance,"  though  well  done,  does 
not  equal  the  work  of  the  Massachusetts  Commission.  The  manual 
of  New  York  was  distributed  free  of  charge  among  town  clerks  and 
the  highway  commissioners  and  overseers  thtoughout  the  State,  and 
was  sold  to  other  persons  at  seventy-five  cents  a  copy.  It  was  a  wise 
method  of  promoting  a  greater  intelligence  concerning  good  roads. 
It  is  yet  too  early  to  judge  of  the  workings  of  these  laws.  They  are 
lK>th  permissive,  rather  than  mandatory  in  character.  They  put  both 
the  State  and  county  systems  on  trial.  The  rcstilts  will  be  noted  with 
Titerest  Bmory  R.  JOHKaoN. 

*Xjbws  of  1893.  chapter  jjj. 

fBlffliway  Manual  of  the  fltatc  of  New  York.' 
Chapter  fiiss  of  the  Laws  of  1893.    Pp.  359>    Albany:  189). 

t»7«] 


PERSONAI.  NOTES. 


AMERICA. 

•    Bowdoin  College. — Mr.  Henry  Crosby  Emery  has  been  appoiul 
Instructor  in  Political  Economy  and  Sociology  at  Bowdoin  Coll 
Me.    He  was  born  December  21, 1872,  at  Ellsworth,  Me.     He  attend 
the  Ellsworth  public  schools  and  in  1888  entered  Bowdoin  Colle 
from  which  he  graduated  with  the  degree  of  A.  B.  in  1892.     The  ne 
year  he  studied  at  Harvard,  receiving  the  A.  M.  degree  in  1893.    Du: 
ing  the  past  year  he  has  held  a  University  Fellowship  in  Social  S' 
ence  at  Columbia  College.*    Mr.  Emery  is  a  member  of  the  Ameri( 
Economic  Association  and  of  the  American  Academy  of  Political 
Social  Science. 

Chicago,  III, — General  Matthew  Mark  Trumbull,  distinguished 
soldier,  in  the  political  world  and  as  a  writer  on  social  and  econo 
questions,  died  in  Chicago,  on  May  9,  1894.  He  was  bom  in  Londoi 
on  December  30,  1826.  His  parents  were  so  poor,  that  after  obtaini: 
a  very  elementary  education,  he  was  started  to  work  at  the  age 
thirteen.  He  took  an  active  part  in  the  Chartist  movement,  and  as 
young  man  came  to  America  to  secure  that  chance  in  life  which  he 
not  have  in  England.  He  landed  at  Montreal,  Canada,  and  started 
work  as  a  day  laborer  on  the  railroad.  The  following  year  he  went 
Boston,  where  he  was  also  employed  as  a  laborer.  While  in  Can 
he  taught  school  in  the  winter,  perfecting  himself  by  studying  at  nigh 
At  the  outbreak  of  the  Mexican  War  he  enlisted  as  a  private  in 
United  States  Artillery.  After  the  war  he  was  employed  as  a  labo: 
in  the  South  and  West,  devoting  his  spare  time  to  studying  law  and  in 
the  winter  teaching  school.  He  was  finally  admitted  to  the  bar  and 
started  practicing  in  Iowa.  In  1857  he  was  elected  to  the  Legislature. 
When  the  Civil  War  began  he  again  enlisted  and  was  chosen  captaim. 
He  soon  rose  in  rank  on  account  of  his  distinguished  services  and 
became  successively  lieutenant-colonel,  colonel  and  brigadier-general. 
After  the  war  General  Trumbull  was  elected  District  Attorney  and  was 
appointed  Collector  of  Internal  Revenue  for  Iowa  by  President  GrantHI 

General  Trumbull  edited  the  "Current  Topics"  department  of  th^Bl 
Open  Court  from  May,  1890,  until  his  death.  Besides  contributions  to  ' 
the  Arena,  Nineteenth  Century,  etc.,  he  wrote: 

•See  AififAU.  Tol.  iv,  p.  467,  November,  1893. 

(272) 


Personal  Notes.  125 

"  The  Free  Trade  Struggle  in  England.''  Chicago,  1882.  Second 
edition.     Pp.  280.     1892. 

"  The  Ethics  of  Legal  Tender^    Open  Court,  Vol.  VH. 

«'  751^  Decline  of  the  Senate :'    Open  Court. 

"  Pensions  for  All. ' '     Popular  Science  Monthly. 

*•  Earl  Grey  on  Reciprocity  and  Civil  Service  Reform.''    Pp.  27. 

*•  Wheelbarrow."    Pp.  303.     Chicago,  1894. 

'*  The  Parliament  of  Religions."    Monist,  April,  1894. 

Chicago  University. —  Mr.  Charles  Thompson  Conger,  formerly 
Docent  in  Political  Geography  at  the  University  of  Chicago,  has  been 
advanced  to  Assistant  in  History  and  Political  Geography.  Mr. 
Conger  was  born  in  New  York  Citj*.  on  December  14,  1863.  He  at- 
tended the  New  York  public  schools,  and  in  1885  entered  the  Uni- 
versity of  Minnesota,  from  which  he  graduated  in  1890  with  the  degree 
of  A.  B.  The  two  years  following  he  acted  as  Secretary  to  the  Board 
of  Education  of  Minneapolis.  Mr.  Conger  then  went  abroad  to  study, 
spending  1892  at  the  University  of  Oxford  and  1893  at  the  University 
of  Berlin.  In  the  latter  year  he  became  Docent  in  Political  Geography 
at  the  University  of  Chicago. 

Mr.  Conger  is  a  member  of  the  National  Geographical  Society,  of 
Washington,  D.  C.     He  has  written: 

*'  Geography  at  the  World's  Fair."  The  Geographical  Journal,  Feb- 
ruary, 1894. 

Mr.  John  Cummings,  who  for  the  past  year  has  been  Senior  Fellow 
in  Political  Economy  at  the  University  of  Chicago,  has  been  appointed 
Reader  in  Political  Economy  at  that  University.  He  was  bom  on  May 
18,  1868,  at  Colebrook,  Coos  County,  N.  H.  His  early  education  was 
obtained  at  the  public  schools  of  Wobum  and  Lynn,  Mass.  In  1887 
he  entered  Harvard  University  and  graduated  with  the  degree  of  A.  B. 
in  1891.  During  1891-93  he  pursued  post-graduate  studies  at  Harvard, 
receiving  in  1892  the  A.  M.  degree.  During  the  past  year  he  studied 
at  the  University  of  Chicago,  and  in  June  received  the  degree  of  Ph.  D.* 
His  thesis  was  on  the  "  United  States  Poor  Laws."  He  has  also 
written: 

*^  Monetary  Standard."    Journal  of  Political  Economy,  June,  1894. 

Mr.  Howard  Benjamin  Grose,  formerly  Instmctor  in  History  in  the 
University  Extension  Faculty  of  the  University  of  Chicago,  has  been 
advanced  to  the  position  of  Assistant  Professor  of  History.  Mr.  Grose 
was  bom  at  Millerton,  Dutchess  County,  N.  Y.,  on  September  5,  1851. 
Most  of  his  early  education  he  obtained  by  study  at  home  in  the  even- 
ings. In  1870  he  entered  the  old  University  of  Chicago,  haNnng  spent 
a  year  in  the  preparatory  school  of  that  University.     After  four  >*ears 

*8ct  below  p.  1)4. 

[273] 


126  Annai<s  op  thb  American  Academy. 

there  he  entered  the  University  of  Rochester,  in  1875,  and  received  in 
1876  the  degree  of  A.  B.  from  that  college  In  1881  he  received  from 
the  University  of  Rochester  the  degree  of  A.  M. 

From  1877  to  1880  he  was  New  York  correspondent  of  the  Chicago 
Tribune,  and  from  1880  to  1883  was  on  the  editorial  staflf  of  the 
New  York  Examiner.  The  next  four  years  he  was  pastor  of  the  First 
Baptist  Church  of  Poughkeepsie,  N.  Y.,  and  from  1888  to  1889  was 
pastor  of  the  Fourth  Baptist  Church  of  Pittsburgh,  Pa.  In  1890  he 
became  President  and  Professor  of  Philosophy  at  the  State  University 
of  South  Dakota,  which  position  he  resigned  in  189 1  to  go  to  Berlin  to 
study  history.  He  returned  in  1892  to  become  Instructor  in  Modem 
History  in  the  Extension  Faculty  of  the  University  of  Chicago. 

Rev.  Charles  Richmond  Henderson  has  been  advanced  from  Assist- 
ant Professor  to  Associate  Professor  of  Social  Science  at  Chicago  Uni- 
versity. Professor  Henderson  was  born  at  Covington,  Fountain 
County,  Ind. ,  on  December  17,  1848.  After  studying  at  the  lyafayette 
(Ind.)  High  School,  he  entered  the  old  University  of  Chicago,  from 
which  he  received  the  A.  B.  degree  in  1870,  and  the  A.  M.  degree  in 
1873.  The  same  year  he  received  the  degree  of  B.  D.  from  the  Baptist 
Union  Theological  Seminary  and  ten  years  later  (1883)  the  degree  of 
D.  D.  from  the  same  institution. 

From  1873  to  ^882  Dr.  Henderson  was  pastor  of  a  Baptist  church  in 
Terre  Haute,  Ind.,  and  from  1882  to  1892  of  the  Woodward  Avenue 
Baptist  Church  in  Detroit,  Mich.  He  resigned  his  last  charge  to 
become  Recorder  and  Assistant  Professor  of  Social  Science  at  the  Uni- 
versity of  Chicago.  Professor  Henderson  has  always  been  active  in 
charitable  and  educational  work.  For  twenty  years  he  served  on  the 
Board  of  State  Missions  (ten  in  Indiana  and  ten  in  Michigan)  and  for 
ten  years  was  a  trustee  of  Kalamazoo  College.  He  has  served  also  on 
the  Board  of  Direction  of  the  Rose  Orphan  Home,  the  Terre  Haute 
Society  for  Organizing  Charity,  the  Michigan  House  of  Industry  for 
Discharged  Prisoners  and  the  Detroit  Association  of  Charities.  He 
acted  as  Chairman  of  the  Arbitration  Committee  between  the  Detroit 
Street  Car  Companies  and  their  employes. 

Professor  Henderson  has  written  much  for  the  daily  papers,  espe- 
cially the  Detroit  Free  Press,  on  social  questions.  He  is  the  author 
also  of  the  following: 

''Pauperism:'     Baptist  Review,  1880. 

''Methods  of  Help  for  Young  Men  in  Cities:'  Proceedings  of 
State  Y.  M.  C.  A.,  Michigan,  1891. 

"Women's  Work:'    Science,  1892. 

"  Methods  of  Reform:'  Proceedings  o.  Michigan  Board  of  Chari- 
ties and  Coimty  Agents. 

[274] 


Pkrsonai,  Notes. 


127 


''Methods  of  Child  Saving.*'  Report  to  Board  of  Rom  Orphan 
Home. 

*  •  Dependents,  Defectives  and  Delinquents.  * '   Pp.  27a.   Chicago,  1 893. 

"  On  Charity  Organization  and  the  Churches.**  ProceedingB  of  the 
Katioual  Conference  of  Charities  and  Corrections  held  at  St.  Louis. 

••  The  Argument  Against  Public  Out-Door  Relief.**  Proceedings 
of  the  National  Conference  of  Charities  and  Corrections  held  at 
Indianapolis. 

''Industrial  Education  as  a  Preventive  of  Crime.**  Detroit  Na- 
tional Prison  Congress.  * 

"Comparative  View  of  Public  and  Private  Charities.**  Proceed- 
ings of  the  International  Congress  of  Charities  and  Correctiona, 
Chicago,  1893. 

**  Individual  Efforts  at  Reform  not  Sufficient.  *  *  Proceedings  of  the 
Rdigious  Congress,  Chicago,  1893. 

**  The  Church  and  the  IVorkingman.**    Evangelical  Alliance,  1893. 

'♦  The  Relation  of  Trades- Union  Men  to  the  Church,**  ChanUuqua 
Herald,  August,  1893. 

Mr.  William  Hill  *  has  been  advanced  to  the  position  of  Instructor 
in  Political  Economy  at  the  University  of  Chicaga  He  has  recently 
published: 

••  First  Stages  of  the  Tariff  Policy  of  the  UniUd  StaUs.**  Publica- 
tions of  the  American  Economic  Association,  Vol.  VIII,  No.  6,  No- 
vember, 1893.     Pp.  162.     Ithaca,  N.  Y. 

••  Protective  Purpose  of  the  Tariff  Ad  of  1789.**  Journal  of  Politi- 
cal Economy,  December,  1893. 

Mr.  Francis  W.  Shepardson,  formerly  Reader  in  History  at  the  Uni- 
versity of  Chicago,  has  been  advanced  to  Assistant  in  History  in  the 
University  Extension  Faculty.  Mr.  Shepardson  was  bom  at  Cheviot, 
Cincinnati,  Ohio,  on  October  15,  1862,  and  obtained  his  early  educa- 
tion at  the  Granville,  Ohio,  public  schoob.  He  graduated  fifom 
Deniaon  University  with  the  degree  of  A.  B.  in  1883  and  received  the 
same  degree  from  Brown  University  the  following  jrear.  In  1886  he 
received  the  degree  of  A.  M.  from  Denison.  From  1883  to  1887  he 
taught  in  the  Young  Ladies'  Institute  at  Granville,  Ohio.  For  the 
three  years  following  he  was  editor  of  the  Granville  Times.  In  1890 
he  entered  Yale  University  and  received  in  189a  the  degree  of  Ph.  D.f 
The  same  year  he  was  appointed  Docent  in  History  at  the  Univerrity 
of  Chicago.    Dr.  Shepardson  has  written: 

"Is  the  Puritan  Element  Overestimated  t**     Denison  Quarterly, 
January,  1893. 
•  9c«  Aint  ALS,  vol.  It.  p.  43!^  November.  iSg}. 
tScc  Ajcmals,  voL  iU.  p.  343,  aeptenbrr.  itgs. 

[»75] 


128  Annals  of  thk  American  Acadkmy. 

"  The  Traveling  Library  and  How  to  Use  IV^  University  Exten- 
sion World,  March,  1893. 

"  The  Traveling  Library.'^   University  Extension,  September,  1893. 

^'Graduate  Work  in  the  University  of  Chicago.'^  Denison  Quar- 
terly, January,  1894. 

He  has  also  been  connected  in  an  editorial  capacity  with  the  Uni- 
versity Extension  World,  of  Chicago. 

Dr.  Thorstein  B.  Veblen  *  has  been  advanced  from  the  position  of 
Reader  in  Political  Economy  to  that  of  Instructor  in  the  same  subject 
at  the  University  of  Chicago. 

Mr.  George  Edgar  Vincent  has  been  appointed  Assistant  in  Socio! 
in  the  University  of  Chicago.  He  was  born  at  Rockford,  111., 
March  21,  1864,  and  studied  in  the  public  schools  of  Plainfield,  N. 
and  in  Dr.  Pingrey's  school,  at  Elizabeth,  N.  J.  He  entered  Yj 
College  in  1881,  graduating  with  the  degree  of  A.  B.  in  1885.  Sin^ 
1889  he  has  been  Vice-Chancellor  of  the  Chautauqua  System  of  Edi 
cation,  and  since  1892  he  has  been  pursuing  post-graduate  studies 
the  University  of  Chicago.  During  the  past  year  he  held  a  Uni 
sity  Fellowship  in  Social  Science.!  Mr.  Vincent  is  a  member  of 
American  Academy  of  Political  and  Social  Science. 

In  collaboration  with  Professor  Albion  W.  Small,  he  has  just  pi 
lished: 

''An  Introduction  to  the   Study   of  Society.''^      Pp.    375.    N 
York,  1894. 

Colby  University. — Dr.  James  W.  Black  J  has  been  appointed 
fessor  of  History  and  Political  Economy  at  Colby  University,  Wai 
ville,  Me. 

He  has  recently  published: 

''Historical   Sketch  of  Georgetown   College,''^  in  the  Bureau 
Education  monograph  on  "  Higher  Education  in  Kentucky." 

He  has  translated  Laveleye's  "La  Question  monetaire,^^  and  is  at 
work  upon  a  translation  of  Laveleye's  "La  Monnaie  et  le  BimHal- 
listne  international.^' 

University  of  Colorado.— Dr.  James  A.  Mcl^ean  has  been  appoint. 
Professor  of  History,  Economics  and  Political  Science  at  the  Univer 
sity  of  Colorado,  at  Boulder.  He  was  born  August  2,  1868,  in  Mid- 
dlesex County,  Ontario,  Canada,  and  obtained  his  early  education  at 
the  Collegiate  Institute,  Strathroy,  Ontario.  From  1888  to  1892  he 
studied  at  the  University  College  of  Toronto,  receiving  the  B.  A. 

•8e«  AmtALS.  vol.  iv,  p.  649,  January,  1894. 
tSee  Annau,  vol.  iv,  p.  314,  September,  1893. 
1 8e«  AiTNALS,  vol.  iii,  p.  373,  November,  1892. 

[276] 


Jl 


Personal  Notbs.  129 

degree  in  the  latter  year.  The  following  two  years  he  pnrsned  pott- 
graduate  studies  at  Columbia  College,  New  York,  and  received  from 
that  institution  the  degree  of  M.  A.  in  1893  and  the  degree  of  Ph.  D. 
in  1894.  *  Professor  McLean,  in  addition  to  his  poaition  at  Colorado, 
is  Examiner  in  Political  Science  in  the  University  of  Toronto. 

Columbia  College.— Mr.  Arthur  Morgan  Day  has  been  appointed 
Assistant  in  Political  Economy  and  Social  Science  at  Columbia  Col- 
lege. Mr.  Day  was  bom  on  April  13,  1867,  at  Danbury,  Fairfield 
County,  Conn.  He  attended  the  public  schools  in  his  native  town, 
and  in  1888  entered  Harvard  University,  where  he  studied  four  yean 
as  an  undergraduate,  receiving  in  1893  the  degree  of  A.  B.,  and  two 
years  as  a  graduate  student,  receiving  the  A.  M.  degree  in  1894.  The 
past  year  he  has  been  Assistant  in  History  at  Harvard. 

Cornell  University.— Dr.  Herbert  Tuttle,  Professor  of  Modem  Euro- 
pean History,  of  Cornell  University,  died  on  June  ai,  1894.  He  was 
bora  at  Bennington,  Vt,  on  November  29,  1846.  His  early  education 
was  obtained  at  public  and  private  schools  in  Bennington  and  in  Bur- 
lington,  Vt,  and  Hoosic  Palls,  N.  Y.  He  studied  at  the  Univenitj 
of  Vermont,  graduating  in  1869  with  the  degree  of  A.  B.  He  also 
received  in  after  years  the  degrees  of  A.  M.  and  L.  H.  D.  After 
leaving  college  he  engaged  in  newspaper  work  for  ten  years.  Then, 
in  1880,  he  was  appointed  Lecturer  on  International  Law  at  the 
University  of  Michigan.  The  following  year  he  became  Associate 
Professor  of  Institutions  and  International  Law  at  Cornell  University. 
In  1887  he  was  made  Professor  of  the  History  of  Political  Institations 
and  of  International  Law  at  Cornell,  and  in  189 1  became  Professor 
of  Modem  Etiropean  History.  Professor  Tuttle  was  a  member  of  the 
American  Historical  Association  and  of  the  Soci^t^  pour  rhistoire 
diplomatique.  Besides  numerous  articles  in  periodicals,  Professor 
Tattle  wrote  several  works  on  German  history: 

**  German  Political  Leaders:*     Pp.  260.     New  York,  1876. 

**  History  of.  Prussia  to  th€  Accessiim  0/  Frederick  the  Great:* 
Pp.  498.     Boston,  1884. 

**  History  0/  Prussia  under  Frederick  tke  Great:*  2  Vols.  Pp. 
408  and  334.     Boston,  1888. 

University  of  Illinois —Dr.  David  Kinley.t  who  held  last  year  the 
Assistant  Professorship  of  Political  and  Social  Science  at  the  Univer- 
sity of  Illinois,  has  been  promoted  to  a  full  professorship,  and  is  now 
in  charge  of  the  department. 

Johns   Hopkins   University.— Dr.   Jacob  H.   Hollander  has  been 

*8cc  below  p  134. 

iStt  Ajoials,  voL  Iv.  |>.  307,  September.  i9n. 

[277] 


I30  Annals  of  the  American  Academy. 

appointed  Assistant  in  Economics  at  the  Johns  Hopkins  University. 
Dr.  Hollander  was  born  in  Baltimore  on  July  23,  1871.  He  attended 
the  public  and  private  schools  in  Baltimore,  and  entered  Johns 
Hopkins  University  in  June,  1888.  Three  years  later  he  received  the 
degree  of  B.  A.  He  continued  his  university  studies  there,  holding  a 
University  Scholarship  for  the  two  years,  following  and  for  the  next 
year  (1893-94)  a  Fellowship  in  Economics.  In  June,  1894,  he  re- 
ceived the  degree  of  Ph.  D.*  He  was  then  appointed  to  his  present 
position.  During  October  and  November,  1894,  he  is  to  take  Profes- 
sor Clark's  classes  at  Amherst. 

Dr.  Hollander  is  a  member  of  the  American  Economic  Association 
and  of  the  American  Academy  of  Political  and  Social  Science. 

He  has  written  the  following  works  of  an  economic  character: 

** Municipal  Gas  Works  in  the  United  States. ^^  The  Independent, 
January  21,  1892. 

^'Mill's  Fourth  Fundamental  Proposition  Concerning  Capitals 
Johns  Hopkins  University  Circular,  May,  1893. 

Chapters  on  "  The  Industries  and  Institutions  0/  Mary  land t^'  in 
^^  Maryland  and  Its  Resources,  Industries  and  Institutions.^^  Balti- 
more, 1893. 

"  The  Cincinnati  Southern  Railway:  A  Study  in  Municipal 
Activity. ^^  Johns  Hopkins  University  Studies.  Pp.  96.  Baltimore, 
1894. 

Dr.  Westel  W.  Willoughby,  has  been  appointed  Reader  in  Polit- 
ical Science  at  Johns  Hopkins  University.  Dr.  Willoughby  was 
bom  at  Alexandria,  Va.,  on  July  20,  1867.  After  three  years  at  the 
Washington  (D.  C.)  High  School,  he  entered,  in  1885,  Johns  Hopkii 
University,  where,  for  the  three  succeeding  years,  he  held  an  honoi 
scholarship.  In  1888  he  received  the  B.  A.  degree,  and  in  1891  tl 
degree  of  Ph.  D.*  from  that  university.  The  year  1890-91  he  held 
Fellowship  in  PoUtics.  The  year  1888-89  ^^  was  Principal  of  tl 
Weightman  PubHc  School,  at  Washington,  D.  C.  Since  1891 
Willoughby  has  been  practicing  law  at  Washington.  In  addition 
his  appointment  at  Johns  Hopkins,  he  has  been  elected  Lecturer  in" 
Political  Philosophy  at  Stanford  University. 

Dr.  Willoughby  is  a  member  of  the  American  Historical  Associa- 
tion.    He  has  written: 

"  The  Supreme  Court  of  the  United  States:  Its  Administrative 
Importance  in  Our  Constitutional  System.''     Pp.120.     1890. 

'•  The  Government  and  Administration  of  the  United  States:' 
(Co-author  with  W.  F.  Willoughby.)     Pp.  152.     1891. 

•  See  below  p.  134. 

fSee  Amf  ALB,  vol.  U.  p.  254,  September,  1891. 

[278] 


Pbrsonax  Notes.  131 

**  The  New  School  0/  Criminology.*'  American  Journal  of  Politics, 
May,  1893. 

"  A  National  Department  of  Healths  Annals  Vol.  IV.,  Septem- 
ber, 1893. 

At  present  he  is  engaged,  along  with  W.  V.  Willoughby,  in  prepar- 
ing  several  reports  for  the  Bureau  of  Education. 

Lake  Forest  University.— Dr.  Adelbert  Grant  Pradenbuigh  has 
been  appointed  Instructor  in  Political  Economy  at  Lake  Forest  Uni- 
versity, Lake  Forest,  HI.  Dr.  Fraden burgh  was  bom  September  15, 
1867,  at  Point  Peninsula,  Jefferson  County,  111.  After  studpng  at  the 
Titnsville  (Pa.)  and  Oil  City  (Pa.)  high  schools,  he  entered  Allegheny 
College  in  1886.  In  1S90  he  graduated  with  the  degree  of  B.  A.,  and 
three  years  later  received  from  the  same  college  the  degree  of  M.  A. 
Daring  1891-92  he  pursued  university  studies  at  Johns  Hopkins,  and 
during  1892-94  at  the  University  of  Wisconsin,  receiving  from  the 
latter  institution  the  degree  of  Ph.  D.  in  June,  1894.*  The  year 
1890-91  Dr.  Fradenburgh  was  Professor  of  History  and  English  at  the 
Williamsport  (Pa.)  Dickinson  Seminary.  Dr.  Fradenburgh  is  a  mem- 
ber of  the  American  Academy  of  Political  and  Social  Science.  He 
has  been  a  frequent  contributor  to  the  Outlook^  Methodist  Review ^ 
Christian  Advocate,  the  Pittsburgh  Chronicle-  Telegraph  &nd' Bulletin, 
Chicago  Tribune,  Buffalo  Express  and  Cincinnati  Commercial. 

University  of  Nebraska.— Mr.  William  George  Taylor,  formerly 
Instructor  in  Political  and  Economic  Science  at  the  Univenitj  of 
Nd>ra8ka,  Lincoln,  has  been  made  Adjunct  Professor  in  those  snb- 
jects,  and  has  been  placed  in  charge  of  the  Department  of  Political 
and  Economic  Sciences.  Professor  Taylor  was  bom  in  New  York  City 
on  Bfay  13,  1859.  He  attended  public  and  private  schools  in  New 
York,  and  when  he  was  eighteen  entered  Harvard  Univemty.  In 
1S80  he  graduated  from  Harvard  with  the  degree  of  A.  B.  (magna  cum 
lande).  He  studied  law  for  one  year  at  Columbia  and  two  at  Harvard, 
reccinng,  in  1883,  from  the  latter  institution  the  degree  of  LL.  B.  The 
following  year  he  was  admitted  to  the  New  York  bar.  In  x 886  he  went 
abroad  and  spent  four  years  in  study  and  travel.  Daring  1887-W  he 
attended  lectures  at  the  Ecole  des  sciences  politiques  and  the  CoIMge 
de  France,  in  Paris,  chiefly  those  of  Leroy-Beaulicu.  The  two  years 
following  he  studied  at  Leiprig,  attending  chiefly  the  lectures  of 
Roacher,  Brentano  and  Warschauer.  During  1892-93  Professor  Taylor 
studied  at  the  University  of  Chicago  under  Professor  Laughlin.  Pro- 
fessor Tsylor  is  a  member  of  the  American  Historical  Society  and  of 
the  American  Academy  of  Political  and  Sodal  Science.  Beskies  na- 
mcroos  contributions  to  newspapers,  he  has  written: 

*8m  below  p.  13s. 

[279] 


132  AnnaIvS  of  the  American  Academy. 

^* Bismarck  as  a  Typical  German.'^  Proceedings  of  the  American 
Historical  Association.     Vol.  IV. 

Olivet  College. — Mr.  Charles  McKenny  has  been  advanced  from 
Instructor  in  History  at  Olivet  College,  Michigan,  to  that  of  Professor 
of  History.  Professor  McKenny  was  born  on  September  5,  i860,  at 
Dimondale,  Eaton  County,  Mich.  In  his  youth  he  attended  the  pub- 
lic schools  of  Eaton  County.  He  entered  Michigan  Agricultural  Col- 
lege and  graduated  in  1881  with  the  degree  of  B.  S.  From  1882  to 
1887  he  was  principal  of  public  schools  at  Charlotte  and  at  Vermont- 
ville,  Mich.  He  then  entered  Olivet  College  and  received  in  1889  the 
degree  of  A.  B.,  and  in  1892  the  A.  M.  degree.  Since  1889  he  has 
been  Instructor  in  English  and  History  at  Olivet  College.  Professor 
McKenny  is  a  member  of  the  Michigan  Political  Science  Association. 

University  of  Pennsylvania. — Dr.  Emory  R.  Johnson*  has  been 
appointed  Instructor  in  Transportation  and  Commerce  at  the  Uni- 
versity of  Pennsylvania.     He  has  recently  published: 

'♦  The  Relation  of  Taxation  to  Monopolies.''  Annai^s,  Vol.  IV, 
May,  1894. 

Dr.  Leo  S.  Rowe  has  been  appointed  Lecturer  upon  Municipal 
Government  in  the  Wharton  School  of  Finance  and  Economy,  Uni- 
versity of  Pennsylvania.  Dr.  Rowe  was  bom  at  McGregor,  Iowa,  on 
September  17,  1871.  He  attended  the  Philadelphia  public  schools, 
graduating  from  the  High  School  with  the  degree  of  A.  B.  in  1886. 
He  then  entered  the  University  of  Pennsylvania  and  received  from 
that  institution  the  degree  of  Ph.  B.  in  1890.  From  1890  to  1892  he 
held  a  Wharton  School  Fellowship  in  Political  Science. f  He  went 
abroad  in  1890  and  pursued  university  studies  at  Halle  (1890),  Paris 
(1890-91),  Berlin  (1891-92),  Vienna  (1892),  and  Rome  (1893).  In  1892 
he  received  the  degree  of  Ph.  D.  from  the  University  of  Halle.  Dr. 
Rowe's  work  abroad  was  devoted  chiefly  to  the  subject  of  municipal 
government,  and  during  the  year  1893-94  he  delivered  a  series  of  lec- 
tures upon  that  topic  in  the  University  of  Pennsylvania.  He  is  a 
member  of  the  Staatswissenschaftliche  Verein  of  Berlin  and  a  corre- 
spondant  of  the  Soci6t6  d'^conomie  sociale  and  of  the  Soci^t^  d'An- 
thropologie  of  Paris.  He  is  also  a  member  of  the  American  Economic 
Association  and  a  Councilor  of  the  American  Academy  of  Political  and 
Social  Science. 

Dr.  Rowe  has  written: 

^'Instruction  in  Public  Law  and  Economics  in  German  Univer- 
sities:'   Annaw,  Vol.  I,  July,  1890. 

•See  AKKAL9,  vol.  iv,  p.  462,  November,  1893. 
t  See  Annals,  vol.  1,  p.  297,  October,  1890. 

[280] 


Personal  Notes. 


133 


"  Une  ecoU  des  scUnces  politiques  aux  Etais-Unis,**  La  Reforme 
Sodalc,  189 1. 

"  Instructum  in  French  Univtrsities,**     A2fMAj;3,  Vol.  II,  JanuarT, 
1892. 
"  Die  Gemeinde  finanzen  von  Berlin  und  Btris.**   Jena,  1893.    Pp. 

j23d. 

'Afiei  und  GedaOde  preise  in  Frankreichy  Conrad's  Jahrt>ach, 
1893. 

*  Annual  Congress  of  the  Society  of  Social  Economy  at  Pttris.** 
Annals,  Vol.  IV,  September,  1893. 

"  Betterment  Clause  of  the  London  Improvement  Bill.**  Annals, 
VoL  rV,  November,  1893. 

•  •  City  Government  as  it  Should  Be  and  May  Become.  *  *  Proceedings 
Conference  for  Good  City  Government,  Philadelphia,  1894. 

** Reform  in  Municipal  Govemtnent**  Boston,  1894. 

Articles,  ''Municipality  in  Prussia  and  ''Municipality  in  PennsyU 
vetnia^**  in  Palgrave's  ••  Dictionary  of  Political  Economy." 

Dr.  Henry  Rogers  Seager  has  been  elected  Instructor  in  Political 
Bconomy  in  the  Wharton  School  of  Finance  and  Economy,  University 
of  Pennsylvania.  Dr.  Seager  was  bom  in  Lansing,  Mich.,  July  21, 
187a  He  received  his  preliminary  training  in  the  Michigan  Military 
Academ  y,  and  attended  the  University  of  Michigan  from  1886  to  1890, 
aking  the  degree  of  Ph.  B.  in  the  latter  year.  He  pursued  advanced 
studies  at  Johns  Hopkins  (1890-91),  Halle  (1891-92),  Berlin  (1892) 
Vienna  (1892-93),  and  Paris  (1893),  returning  to  the  University  of 
Pennsylvania  for  his  final  year,  where  he  took  the  degree  of  Ph.  D.  in 
Jnne,  1894.  * 

Dr.  Seager  is  a  member  of  the  American  Economic  Association  and 
of  the  Council  of  the  American  Academy  of  Political  and  Soda! 
Science,  and  has  written: 

*•  German  Universities  and  German  Student  Life.**  Inlander,  1892. 

** Economics  at  Berlin  and  Vienna.**  Journal  of  Political  Econ- 
omy. May,  1893. 

••  Review  of  Philippovich* s  Grundriss  der politiscken-Oekonomif** 
AmiAlS,  Vol.  IV.,  July,  1893. 

**  The  Plennsylvania  Tax  Conference,**    Annals,  VoL  IV.,  lUreh, 

Trinity  College.— Dr.  John  Spencer  BMWtt,t  who  last  year  was 
ProfcMor  of  History,  has  been  made  Profeaior  of  Hiatory  and  Political 
Science  at  Trinity  College,  North  Carolina.    He  received,  in  June,  the 

•••ebeiowp.  IJ5 

fScc  AMKAt.*,  vol.  It,  p.  461,  Norember,  iSm- 

t»8l] 


134  AnnaIvS  of  thij  American  Academy. 

degree  of  Ph.  D.  from  Johns  Hopkins  University.*  He  has  written 
since  the  last  list  was  published  : 

'•  The  Constitutional  Beginnings  of  North  Carolina^  Johns  Hop- 
kins Studies,  Twelfth  Series,  No.  3. 

" Relation  of  Rome  to  the  Early  Kentish  Church.^^    To-day,  April, 

1894- 

"  The  Naming  of  the  Carolinas.^^    Sewanee  Review,  May,  1894. 

Mr.  Jerome  Dowdf  has  been  made  Professor  of  Economics  and 
Mercantile  Science.     He  has  recently  written  : 

**  Sanitary  Suggestions  for  the  South,^^  Charlotte  Observer,  1894. 

Wheaton  College. — Professor  Elliott  Whipple,!  who  was  last  year 

appointed  to  the  chair  of  Social  Science  and  Pedagogy  at  Wheator 

College,  Wheaton,  111.,  has  been  made  Professor  of  Political  and  Socia 

Science  at  that  institution. 

o 

In  accordance  with  our  custom  we  give  below  a  list  of  the  stu- 
dents in  political  and  social  science  and  allied  subjects  on  whom  the 
degree  of  Doctor  of  Philosophy  was  conferred  at  the  close  of  or  during 
the  last  academic  year.  % 

University  of  Chicago.— John  Cummings,  A.  B.,  A.  M.  Thesis:  The 
Foor  Law  System  of  the  United  States. 

Columbia  College. — Frederic  R^nd  Coudert,  Jr.,  A.  B.,  A.  M.,  HI,.  B. 
Thesis:  Marriage  and  Divorce  in  Europe. 

James  A.  McLean,  A.  B.,  A.  M.  Thesis:  Essays  in  the  Financial 
History  of  Canada. 

Frederick  A.  Wood,  A.  B.     Thesis:  Financial  History  of  Vermont, 

Cornell  University. — Thomas  Nixon  Carver,  A.  B.  Thesis:  The 
Theory  of  Wages  Adjusted  to  Recent  Theories  of  Value. 

Thomas  Wardlaw  Taylor,  Jr.,  A.  B.  Thesis:  The  Individual  and 
the  State. 

Harriet  Emily  Tuell,  A.  B.  Thesis:  The  Work  of  the  Monk  in 
Early  England. 

Ulysses  Grant  Weatherly,  A.  B.  Thesis:  German  Particularism  in 
the  Years  1813-15. 

Johns  Hopkins  University.— John  Spencer  Bassett,  A.  B.  Thesis: 
The  Constitutional  Beginnings  of  North  Carolina  {1663-1729). 

Jacob  H.  Hollander,  A.  B.  Thesis:  The  Cincinnati  Southern  Rail- 
way: A  Study  in  Municipal  Activity. 

•  See  below, 

t  See  Annals,  vol.  iv,  p,  463,  November,  1893. 

t  See  ANNALS,  vol.  i,  p.  293,  for  academic  year  1889-90;  vol.  ii,  p.  253,  for  1890-91; 
vol.  iii,  p.  341,  for  1891-92;  vol.  iv,  p.  312  and  p.  466,  for  1892-^3. 

[282] 


4 


Personal  Notes.  135 

Masanobu  Ishizaka,  Ph.  B.    Thesis:  Christianiiy  in  Japan,  JSs^Sj, 
Jesse  Siddall  Reeves,  S.  B.     Thesis:  Jnlemational  Beginnings  of 
the  Congo  Free  State. 

University  of  Michigan.— Kennedy  Brooks,  A.  B.,  A.  M.  Thetis: 
A  Sketch  of  the  Financial  History  of  Illinois. 

Charles  Horton  Cooley,  A.  B.    Thesis:  A  Theory  of  Transportation, 

John  Patterson  Davis,  A.  B.,  A.  M.  Thesis:  Corporations  in  the 
Seventeenth  and  Eighteenth  Centuries. 

James  Allen  Smith,  A.  B.,  LL.  B.  Thesis:  The  Multiple  Money 
Standard. 

Ohio  State  University.— Lucy  Adelaide  Booth,  A.  B.,  A.  M.  Thesis: 
The  Poor  Law  of  Ohio. 

University  of  Pennsylvania.— Herbert  Priedenwald,  A.  B. 

Harr>'  Rogers  Seager,  Ph.  B.  Thesis:  The  Public  Finances  of 
Ptnnsylvania  ;  State  and  Local, 

Universityof  Wisconsin.— Adelbert  Grant  Fradenbnrgh.A.B.  Thctit* 
The  Petroleum  Interest  in  the  United  States. 

Yale  University.- Jean  du  Buy,  J.  U.  D.  Thesis:  Two  Theories  on 
ike  German  Constitution. 

Sara  Bulkley  Rogers,  A.  M.  Thesis:  The  Rise  of  Civil  Government 
and  Federation  in  Early  New  England. 

Guy  Van  Gorder  Thompson,  B.  A.  Thesis:  The  Draconian  Cousti- 
iution. 

For  the  academic  year  1894-95,  appointments  to  fellowships  and 
post-graduate  scholarships  have  been  made  in  our  leading  institntioiis 
•s  follows: 

Bryn  Mawr  CoMtgc— Fellowship  in  History,  Nellie  Neilson,  A.  B. 

University  of  Chicago.— Armour-Crane  Fellowship  in  Political 
Economy,  Robert  P.  Hoxie,  Ph.  B.;  Chicago  Women  Feltowship  in 
Mitical  Economy,  Sarah  M.  Hardy,  Ph.  B. ;  Graduate  Feltowship  in 
History,  James  W.  Fertig,  A.  B.,  A.  M.;  in  Political  Economy ,  John 
W.  Million,  A.  B.,  A.  M.;  Graduate  Scholarship  in  PolitiaU  Economy^ 
Henry  P.  Willis,  A.  B.;  in  Political  Science,  Midori  Komatz,  LL.  R, 
and  Edmund  S.  Noyes,  A.  B. ;  Honorary  Fellowship  in  Political  Sci- 
ence, Helen  H.  Tunnidiff,  A.  B.;  funior  Fellowship  in  History, 
George  H.  Alden,  S.  B.,  A.  B..  Regina  K.  Crandall.  A.  B.,  Walter  S. 
Davis,  A.  B.,  A.  M.,  and  Cora  L.  Schofield,  A.  B.;  in  Political  Econ- 
omy, George  C.  Calvert,  Ph.  B.,  A.  M.,  William  P.  Harding,  A.  B., 
and  George  Tunell,  S.  B.;  in  Political  Science,  Joel  R.  Mosley,  S.  B., 
&  M..  and  William  C.  Wilcox,  A.  B.,  A.  M.;  Senior  Feltowship  in 
History,  James  W.  Thompson,  A.  B. ;  im  Hflitical  Economy,  Henry 

t»83] 


136  Annals  op  the  American  Acadkiviy. 

W.  Stuart,  A.  B.;  in  Social  Science,  William  I.  Thomas,  A.  B.,  A.  M., 
Ph.D. 

Columbia  CoW^gc.—Seligman  Fellowship  in  Ecofiomics,  George  C. 
Sikes,  A.  M.;  Special  University  Fellowship  in  Political  Science,  H. 
A.  Vick,  A.  B. ;  University  Fellowship  in  Administration  and  Finance, 
Charles  W.  Tooke,  A.  M.;  in  Economics,  James  W.  Crook,  A.  M.,  and 
M.  B.  Hammond;  in  History,  Lester  G.  Bugbee,  A.  M.,  Harry  A. 
Cushing,  A.  M. ,  and  William  R.  Shepard,  A.  M. ;  in  .Jurisprudence 
and  Economics,  Isidor  Loeb,  A.  M.,  LL.  B.;  in  Sociology  and  Politi- 
cal Economy,  John  F.  Crowell,  A.  M.,  and  Arthur  C.  Hall,  A.  M. 

Cornell  Unvf^xsiXy.— Fellowship  in  American  History,  Mortimer 
Alexander  Federspiel,  Ph.  B.;  in  Political  Economy  and  Finance, 
John  Haynes,  A.  B.,  and  Jesse  Francis  Orton,  A..B.;  President  White 
Fellowship  of  Political  and  Social  Science,  Frank  Spencer  Edmonds, 
A.  B. ;  President  White  Traveling  Fellowship  of  Modern  History, 
Arthur  Charles  Howland,  A.  B. 

Harvard  University. — Ozias  Goodwin  Memorial  Fellowship  in  Con- 
stitutional and  International  Law,  Amos  Shartle  Hershey,  B.  B., 
A.  B.;  Henry  Lee  Memorial  Fellowship  in  Political  Economy,  Guy- 
Stevens  Callender,  A.  B.,  A.  M,;  Robert  Treat  Paine  Fellowship  in 
Political  Science,  Carlos  Carleton  Closson,  A.  B.,  A.  M.;  Thayer 
Scholarship  in  History,  Samuel  Bannister  Harding,  A.  B.,  A.  M.;  in 
Political  Economy,  Howard  Hamblett  Cook,  A.  B.,  A.  M.;  Gorham 
Thomas  Scholarship  in  History,  James  Sullivan,  Jr.,  A.  B.  fll 

Iowa  State  University. — Fellow  in  Political  Science,  Frank  Henry  "j 
Noble,  A.  M. 

Johns  Hopkins  University. — Fellowship  in  Economics,  Arthur 
Fisher  Bentley,  A.  B.;  in  History,  Thomas  Francis  Moran,  A.  B.; 
Hopkins  Honorary  Scholars  from  Virginia  and  North  Carolina, 
J.  C.  Ballagh,  S.  R.  Hendren,  A.  B.,  and  B.  W.  Sikes,  A.  M.;  Hop- 
kins Scholars  from  Virginia  and  North  Carolina,  B.  W.  Arnold,  Jr., 
A.  B.,  J.  A.  C.  Chandler,  A.  B.,  and  L.  N.  Whealton,  A.  B. 

University  of  Tcxas.— Fellowship  in  History,  J.  B.  Pearce,  A.  B. 

Washington  and  Lee  University. — Howard  Houston  Fellowship, 
William  Reynolds  Vance,  A.  B.,  A.  M. 

University  of  ^yisconsin. — University  Fellowships  in  History, 
Orin  Grant  Libby,  M.  L.,  and  Theodore  Clarke  Smith,  A.  M.;  Univer- 
sity Scholarship  in  Economics,  Nellie  Page  Bates,  A.  B.;  in  Social 
Science,  George  Smith  Wilson,  B.  L.,  and  Henry  Sherwood  Yonker, 
B.S. 


[284] 


i 


BOOK  DEPARTMENT. 


REVIEWS. 
A  Short  Account  of  the  Land  Revenue  and  its  Administration  in 

British  India.     By  B.  H.  Badbn-Powkix,  one  of  the  judges  of  the 

Chief  Court  of  the  Punjab.     Pp.  254.     Price  I1.50.    Oxford  :  The 

Clarendon  Press ;  New  York  :  Macmillan  &  Co.,  1894. 

This  is  "  an  attempt  to  describe  the  Land  Revenue  Administration 
of  British  India,  and  the  forms  of  land-holding  on  .which  that  admin- 
istration is  based,  in  the  compass  of  one  small  volume."  The  ^m^ 
author  has  published  "Land  Systems  of  British  India  ;  being  a  M«a- 
ual  of  the  Land  Tenures  and  of  the  Systems  of  Land  Revenue 
Administration,  prevalent  in  the  several  provinces."  ♦ 

Necessarily  the  author  had  to  exclude  details.  But  he  did  not  611  it 
with  generalizations.  He  has  selected  the  most  general  conditions  and 
the  most  important  e£fects  and  presented  them  analytically. 

American  readers  will  look  to  this  source  for  brief  and  comprehen- 
«ve  information  on  British  management  of  Indian  lands.  The  British 
government  aims  to  be  fair  and  equitable ;  to  have  a  system  rigid 
enough  to  command  respect  and  elastic  enough  to  relieve  the  excep- 
tional cases  of  hardship. 

For  the  economist  there  is  little  new  matter.  Economic  rent,  inci* 
deace  of  taxation,  co-operative  and  other  methods  of  making  im- 
provements are  not  discussed.  Ever3rwhere  and  always,  except  in 
ytmn  of  famine,  there  is  a  surplus  product  from  the  soil  over  and 
above  the  needs  of  the  cultivators,  of  which  the  State  gets  no  incon- 
•iderable  part;  and  frequently  there  is  some  individual  or  juristic 
person  who,  as  landlord,  gets  as  much  more.  "The  revenue  is 
technically  said  to  consist  of  a  fraction  (usually  one-half)  of  the 
.  .  .  total  rents  actually  received  "  by  the  landlord  ;  and  of  hulf 
the  "  net  product "  of  the  lands  of  cultivating  proprietors. 

It  IS  the  student  of  soda!  institutions  who  will  find  the  book  richest 
in  suggestions.  The  English  have  sorvejred  large  tracts  of  the  land. 
They  have  made  thorough  and  scientific  estimates  of  the  "rent" 
•ad  *'net  product"  of  it,  parcel  by  parcel.  And  they  have  finally 
determined  what  persons  hold  estates  in  the  land,  not  only  that  thej 
may  know  from  whom  to  collect  their  revenue,  bat  also  that  they  may 

*  J  Tots.,  Clarendon  PrcM.  1894. 

[»«5] 


138  Annai^  of  the  American  Academy. 

protect  each  and  every  estate  from  this  time  forth.  All  this  is  matter 
of  permanent  record,  and  changes  are  carefully  recorded  as  they 
occur. 

In  the  process  of  finding  out  all  the  estates  resting  on  the  land,  of 
whatever  kind  and  degree,  and  of  determining  who  were  the  equitable 
owners,  the  history  of  many  of  them  was  thoroughly  worked  out.  It 
appears  that  changes  have  been  more  violent  than  they  can  ever  be 
again.  The  fortunes  of  war  and  peace  have  reduced  independent 
chieftains  to  the  grade  of  under-lords,  or  cultivating  tenants,  or 
possibly  lower ;  and  the  same  fortunes  have  raised  undistinguished 
families  to  commanding  positions.  The  money  lender,  the  revenue 
farmer  and  the  colonizer  were  of  those  who,  having  somewhat,  could 
use  it  to  acquire  more.  But  so  long  as  British  administrators  are  dis- 
creet in  executing  the  principles  laid  down,  changeless  and  monoto- 
nous peace  will  reign.  The  landlord  has  now  been  guaranteed  his 
determined  and  recorded  rights ;  and  the  tenant  has  been  guaranteed 
his. 

Under  the  native  rulers  the  changing  conditions  exemplified  the 
principle  of  equality  and  the  principle  of  inequality  both  at  once. 
The  descendants  of  conquerors,  chieftains  and  colonizers  were  equal 
among  themselves  and  had  dependents  in  various  degrees  of  subordi- 
nation under  them.  The  antithetical  principles  of  change  and  con- 
servation were  coexistent.  The  energetic  and  powerful  were  increas- 
ing their  power,  and  the  rules  forbidding  the  members  of  a  ruling 
caste  to  become  cultivators,  which  could  not  defend  them  from  the 
successful  aggressions  of  a  stronger  tribe,  only  served  to  make  their 
condition  in  the  reduced  estate  most  hard.  However,  the  force  of 
custom  in  the  hands  of  the  natives  is  undoubtedly  far  weaker  than 
the  force  of  law  in  the  hands  of  the  Bnglish  to  conserve  whatever  was 
found  that  is  fair  and  equitable. 

No  one  estate  in  land  seems  to  have  claims  to  be  called  primary 
and  original  to  the  exclusion  of  all  others  ;  least  of  all  has  the  estate 
of  a  group  of  communistic  cultivators  a  right  to  this  claim.  From 
the  days  when  the  laws  of  Manu  were  in  the  process  of  codification 
society  was  recognizing  as  just  and  equitable  the  claims  of  various 
non-cultivators  to  a  share  in  the  product.  This  does  not  imply  either 
that  justice  is  absolute  or  that  rent  is  just.  No  one  ought  to  infer  its 
justice  from  its  antiquity.  Simply  this  :  it  is  now  matter  of  record 
that  the  East  Indians,  Aryan  and  non-Aryan,  accepted  it  without 
protest 

The  book  is,  after  all,  a  hard  one  to  read.  The  style  is  not  always 
unexceptionable.  There  is  much  that  is  of  interest  only  to  the  candi- 
date for  the  Indian  Civil  Service,  who  may  use  it  as  a  textbook.    The 

[286] 


Les  Ministres  dans  t,es  pays  d'  Europe.       139 

heavy  faced  titles  prefixed  to  each  paragraph  will  guide  the  reader 
however.  They  are  of  more  assistance  than  the  index  in  looking  np 
references  to  any  particular  subject  Americans  will  find  the  book 
valuable  in  spite  of  the  dross. 

Frederick  W.  Moorb. 


Les  Ministres  dans  les  principaux  pays  d' Europe  et  d'AnUrique. 

Par  L.  DUPRIEZ.     2  vols.     Pp.  xix,  548  and  viii,  544.     Price,   20 

francs.     Paris  :  Rothschild,  1892,  1893. 

Students  of  government  will  welcome  this  as  the  first  exhaustive 
and  satisfactory  study  of  cabinets,  embracing  the  latest  and  most 
scholarly  investigations.  Since  it  came  out,  one  or  two  other  works 
have  appeared  on  the  same  subject,  possessing  some  points  of  advan- 
tage in  the  way  of  handy  reference,  but  not  to  be  compared  with  this 
in  learning  and  in  the  deeper  treatment  of  the  topic. 

In  the  first  volume  the  author  takes  up  the  rdle  of  ministers  in 
constitutional  monarchies,  England,  Belgiimi,  Italy,  Prussia,  and  the 
German  Empire.  Under  each  countrj*  the  order  of  treatment  is,  first, 
the  ministers  and  the  constitution, — the  sources  of  the  constitution, 
the  constitutional  powers,  the  origin,  composition,  formation  and 
general  position  of  the  cabinet ;  second,  the  ministers  and  the  king ; 
third,  the  ministers  and  parliament, — the  organization  and  powers  of 
the  chambers,  political  parties,  the  part  played  by  ministers  in  the 
preparation  of  laws  and  in  financial  legislation,  and  the  control  of 
ministers  by  parliament ;  fourth,  the  ministers  and  administration, — 
local  institutions,  parliamentary  control,  and  the  functions  of  the  indi- 
▼idual  ministers.  The  second  volume  treats  of  republics,  the  United 
States  of  America,  Switzerland,  and  France.  The  scheme  followed  is 
essentially  the  same  as  in  the  first  volume,  with  such  modifications  as 
the  absence  of  royalty  necessitates. 

These  two  beautiful  and  learned  volumes  invite  one  at  many  places 
to  approval  and  commendation  ;  but  for  special  reasons  the  reviewer 
wishes  to  devote  his  limited  space  to  a  consideration  of  a  portion  of 
the  second  volume,  the  part  allotted  to  France.  In  the  Annals,  as 
well  as  in  other  publications,  there  has  of  late  been  considerable 
discussion  of  cabinet  government,  with  particular  reference  to  its  appli- 
cation to  the  United  States.  As  it  happens,  nearly  all  writers,  which- 
ever side  they  take  on  the  question,  appeal  almost  solely  to  English 
experience  alone.  On  many  grounds  this  is  largely  justifiable  ;  Eng- 
land is  the  birthplace  and  home  of  cabinet  government,  and  there  it 
has  had  its  normal  development ;  our  own  institutions  are  to  a  large 
extent  virtually  English  ;  our  government,  however  much  the  ontwazd 

[287] 


140  Annals  of  the  American  Academy. 

form  lacks  resemblance,  is  at  bottom  Bnglish  ;  our  laws,  our  political 
philosophy,  our  language,  our  religion,  our  habits  of  thought,  are  all 
English.  On  these  and  other  accounts  it  is  well  to  dwell  upon  the 
history  and  theory  of  the  English  cabinet,  when  considering  the  sub- 
ject in  relation  to  its  possible  application,  pure  or  modified,  to  the 
United  States.  But  while  all  this  is  true,  one  would  also  do  well  to 
make  a  detailed  study  of  the  transplanted  institution,  and  no  country 
affords  so  good  a  field  for  this  as  does  France.  Here,  however,  one 
must  bear  in  mind  how  much  France  differs  from  England  in  race  and 
in  political  and  legal  institutions;  but  making  the  allowance  thus 
needed,  the  Third  French  Republic  offers  an  instructive  field  of  inves- 
tigation. French  experience  is,  to  be  sure,  occasionally  referred  to  by 
writers,  though  usually  no  more  than  to  the  extent  of  calling  attention 
to  the  fact  that  in  France  there  have  been  thirty-odd  changes  in  minis- 
try in  less  than  twenty-five  years,  together  with  such  deductions  as 
vigorous  English  may  draw  from  the  mere  knowledge  of  this  one  fact. 
From  M.  Dupriez  one  may  learn — to  select  a  few  out  of  many  things 
— that  changes  of  ministry  in  France  are  often  changes  in  name  rather 
than  in  fact ;  it  frequently  happens  that  more  than  one-half  of  the 
members  of  the  new  cabinet  were  also  members  of  the  old,  and  some- 
times it  is  hardly  more  of  a  "  crisis ' '  than  was  involved  in  the 
recent  transfer  of  leadership  in  England  from  Gladstone  to  Rosebery. 
Again,  since  December,  1877,  there  has  not  been  a  single  change  of 
government  in  the  English  sense  ;  during  the  last  seventeen  years  in 
France  the  Republican  party  alone,  or,  more  accurately,  one  or  another 
group  'or  combination  of  groups  of  Republicans,  has  held  uninter- 
rupted control ;  in  the  French  chambers  there  is  not  an  organized 
opposition,  ready  to  take  up  the  reins  of  government  when  they  are  laid 
down  by  a  defeated  cabinet ;  the  new  ministry  represents,  as  a  rule, 
the  same  groups  as  the  old, — it  is  a  shuffling  of  names  and,  nowa- 
days at  least,  never  a  change  of  parties  ;  closely  connected  with  this, 
too,  is  the  fact  that,  on  many  questions,  responsibility  is  individual 
and  not  collective.  Again,  the  French  Senate,  though  far  less  power- 
ful than  the  American,  is  by  no  means  so  impotent  as  the  English 
House  of  Ivords,  and  accordingly  modifies  somewhat  the  ordinary 
workings  of  cabinet  government.  Finally,  the  French  form  of  parlia- 
mentary government  has  another  peculiarity,  in  that  it  has  been  used 
as  a  weapon  to  force  the  resignation  of  the  President  of  the  Republic  ; 
Thiers,  MacMahon  and  Gr^vy  were  all  driven  from  power  by  means 
of  the  control  possessed  by  the  chambers  over  the  cabinet,  and  already 
there  are  covert  threats  that,  in  certain  contingencies,  Casimir  P^rier 
may  similarly  be  deprived  of  his  office.  The  dissolution  of  Parliament, 
one  of  the  apparently  necessary  features  of  cabinet  government,  has 

[288] 


The  Discovery  op  America.  141 

been  resorted  to  in  Prance  bnt  once,  and  its  abuse  at  that  time  ba« 
rendered  subsequent  prime  ministers  and  presidents  loath  to  repeat 
the  process ;  and  yet  its  employment  on  certain  occasions  would 
to  have  been  the  one  thing  needed  to  bring  order  out  of  political 

Special  attention  is  called  to  France,  because  few  of  our  writers  seem 
to  be  intimately  acquainted  with  the  workings  of  cabinet  government 
in  the  most  prominent  land  of  its  adoption.  But  the  position  and 
powers  of  ministers  in  other  countries,  both  where  cabinet  government 
does  as  well  as  where  it  does  not  prevail,  are  also  treated  by  M.  Dupriez 
in  a  most  luminoiis  and  instructive  manner,  and  no  one  can  err  in 
making  a  careful  study  of  his  very  valuable  treatise. 

Charlbs  F.  a.  Curribr. 


7^  Discovefy  of  America,  with  some  account  of  Ancient  America 

and  the  Spanish  Conquest.     By  John  Fiskk,     2  vols.     Pp.  516  and 

631.     Price,  $4.00.     Boston  :  Houghton,  Mifflin  &  Co.,  1893. 

Surely  Mr.  John  Fiske  has  the  pen  of  a  ready  writer,  yet  even  he 

finds  the  writing  of  a  narrative  history  of  the  United  States  a  work 

requiring  many  years.     Meantime  he  does  not  propose  to  allow  his 

accumulating  manuscript  to  grow  musty.     From  time  to  time  he  has 

given  us  a  finished  chapter  as  an  earnest  of  the  coming  series.     The 

initial  volumes  make  their  timely  appearance  in  the  year  filled  with 

Columbian  reminiscence. 

The  book  has  two  themes,  different  in  character,  and  yet  each 
indispensable  to  a  clear  understanding  of  the  other.  The  first  and 
■absidiary  theme  is  the  study  of  ancient  America.  Here  Mr.  Fiske 
supplements  the  skill  and  accuracy  of  the  historian  witli  the  training 
and  enthusiasm  of  the  anthropologist  The  perplexity  which  the 
early  European  explorers  felt  when  first  brought  into  contact  with  the 
American  aborigines — a  perplexity  shared  by  our  earlier  historians — 
disappears  only  when  comparative  anthropology  makes  possible  the 
placing  of  the  primitive  American  peoples  in  their  proper  stage  in 
the  evolution  of  himian  society.  In  Europe  the  development  had 
been  comparatively  steady  and  continuous  ;  there  had  been  no  start- 
ling ••  breaks."  But  when  Columbus  set  foot  upon  America  he  stood 
face  to  face  with  man  of  the  stone  age,  with  man  in  a  grade  of  culture 
which  in  Europe  had  passed  away  before  the  founding  of  Rome. 

The  value  of  Mr.  Fiske's  graphic  yet  painstaking  delineation  of 
ancient  America  is  clearly  seen  in  the  later  chapters,  which  treat  of 
the  Spanish  conquests  of  Mexico  and  Peru.  The  Spaniards,  per- 
plexed by  the  strange  contrasts  between  themselves  and  the  peoples 
with  whom  they  were  struggling,  could  not  help  reading  into  primitive 
institutions  the  spirit  and  character  of  the  institutions  with  which 

[J89] 


142  Annai^  of  th^  American  Acadkmy. 

the  Europe  of  the  sixteenth  century  was  familiar.  The  work  of  the 
earlier  historians,  who  accepted  as  authentic  these  Spanish  observa- 
tions, now  comes  up  for  an  interesting  overhauling  and  reconstruction 
at  the  hands  of  the  anthropologist-historian.  Montezuma,  who 
used  to  figure  as  a  mighty  potentate,  the  head  of  a  great  feudal- 
ized "empire,"  is  now  seen  to  be  a  priest-commander  of  the  type 
of  the  primitive  Greek  basileus.  His  vast  ' '  empire  "  becomes  a  loose 
confederacy,  under  the  rule  of  the  typical  Tribal  Council,  with 
which  Sir  Henry  Maine  has  made  us  familiar.  The  roseate  hues  in 
which  the  earlier  historians  painted  the  civilizations  of  Mexico  and 
Peru  fade  somewhat  in  the  light  of  recent  research.  **  In  America," 
says  Dr.  Draper,  **  Spain  destroyed  races  more  civilized  than  herself;" 
and  he  did  not  hesitate  to  assert :  "At  the  time  of  the  conquest  the 
moral  man  in  Peru  was  superior  to  the  European,  and  I  will  add  the 
intellectual  man  also."  Mr.  Fiske,  on  the  other  hand,  insists  that 
•'if  we  are  to  use  language  at  all  correctly  when  we  speak  of  the 
'  civilizations  '  of  Mexico  and  Peru,  we  really  mean  civilizations  of  an 
extremely  archaic  type,  considerably  more  archaic  than  that  of  Egypt 
in  the  time  of  the  Pharaohs."  "A  'civilization'  like  that  of  the 
Aztecs,  without  domestic  animals  or  iron  tools,  with  trade  still  in  the 
primitive  stage  of  barter,  with  human  sacrifices  and  with  cannibalism, 
has  certainly  some  of  the  most  vivid  features  of  barbarism."  The 
cavalier  thesis  has  recently  been  put  forward  that  the  discovery  of  the 
new  coasts  by  Columbus  was  an  unspeakable  misfortune  because  it  led 
to  the  introduction  of  the  horrors  of  the  inquisition  into  the  Spanish 
conquests.  Mr.  Fiske  maintains,  on  the  contrary,  that  the  coming 
the  Spaniards  was  a  great  good,  even  for  Mexico,  where  they  in 
duced  a  far  better  state  of  society  than  they  found. 

But  the  study  of  ancient  America  and  of  the  Spanish  conquests 
not  allowed  to  obscure  the  principal  theme,  the  Discovery  of  Ameri( 
All  possible  emphasis  is  laid  upon  one  fact :  the  discovery  of  America 
was  not  one  single  event,  it  was  rather  a  long  and  painful  process 
extending  through  two  and  one-half  centuries.  Mr.  Fiske  seeks  not 
merely  to  tell  the  familiar  story  of  one  or  two  eventful  voyages,  but 
rather  to  portray  the  gradual  unfolding  of  a  new  world  before  the 
consciousness  of  Europe.  Of  the  pre-Columbian  expeditions  that  of 
the  Northmen  is  the  most  interesting.  Mr.  Fiske  reaches  the  conclu- 
sion that  the  Saga  of  Eric  the  Red  should  be  accepted  as  history,  since  it 
tells  a  straightforward  story  bearing  the  earmarks  of  a  truthful  record 
of  events  which  show  a  knowledge  of  things  which  could  have  become 
known  to  mediaeval  Europe  only  as  a  result  of  actual  visits  to  the 
North  American  coast  south  of  Labrador.  But  that  Leifs  colony 
flourished  for  several  centuries  and  carried  on  a  thriving  trade  with 

[290] 


lish      I  . 

i 


Thr  Discovery  of  America.  143 

Europe,  that  its  memory  was  clearly  perpetuated  in  Ireland,  and  that 
there  Columbus  obtained  the  information  which  led  him  to  undertake 
his  voyage— all  this  theory  of  modem  enthusiasts  who  put  forward 
the  claim  of  the  Northmen  as  the  true  '*  discoverers  "  of  America  Mr. 
Fiske  considers  utterly  groundless.  Not  an  authentic  relic  of  the 
Northmen  has  ever  been  discovered  south  of  Labrador.  ' '  Except 
for  Greenland,  which  was  supposed  to  be  a  part  of  the  European 
world,  America  remained  as  much  undiscovered  after  the  ele%*enth 
century  as  before  it.  In  the  mid-summer  of  1492  it  needed  to  be 
discovered  as  much  as  if  Leif  Ericsson  or  the  whole  race  of  Northmen 
had  never  existed." 

The  great  work  of  Columbus  and  of  the  voyagers  who  followed  him 
xcmains  the  central  feature  of  the  book,  and  is  brought  into  clearer  relief 
by  reason  of  the  carefully  prepared  background.  The  training  of 
Columbus  for  his  career,  the  many  discouragements,  the  difficulties 
and  dangers  of  the  voyages  are  all  skillfully  placed  before  the  reader. 
It  is  here  that  this  history  comes  most  sharply  into  comparison  with 
the  other  great  book  of  the  Columbian  anniversary,  Mr.  Winsor's 
"Christopher  Columbus."  Both  historians  have  used  substantially 
the  same  sources,  both  have  told  the  story  of  how  the  great  navigator 
"  received  and  imparted  the  spirit  of  discovery;'  *  on  most  points  they 
•re  in  practical  agreement.  But  the  impressions  of  the  character  of 
Columbus  which  these  two  scholars  have  gained  from  a  study  of  the 
same  facts,  dififer  most  widely.  Mr.  Winsor  has  been  painstaking  in 
his  enumeration  of  facts,  everything  that  can  throw  light  upon  the 
character  of  Columbus  is  recorded  and  its  value  weighed.  We  are 
shown  a  defect  here,  a  virtue  there,  and  are  led  up  to  the  conclusion 
that  on  the  whole  the  defects  far  outweigh  the  virtues.  And  yet  we 
feel  that  nowhere  have  we  seen  the  man  Columbus  himself.  To 
research  hardly  less  painstaking,  Mr.  Fiske  has  added  insight.  The 
defects  in  the  great  discoverer's  character  are  by  no  means  glossed 
over,  neither  are  they  forced  into  prominence  by  being  isolated.  Mr. 
Fiske  brings  to  his  characterization  the  skill  of  a  psychologist  He 
understands  men,  and  men  of  different  characters.  He  makes  us  see 
in  Columbus,  in  Magellan  and  in  Las  Casas  men  of  individuality,  not 
mere  bundles  of  virtues  and  defects.  He  realizes  that  it  was  a  "com- 
plex tangle  of  notions  that  actuated  the  medieval  Spaniard.**  Back 
into  the  very  midst  of  that  tangle  he  puts  the  reader  and  lets  him 
watch  Columbus  in  the  thick  of  the  fight 

Under  the  title  "Mundus  Novus,*'  Mr.  Piske  presents  in  graphic 
outline  the  series  of  voyages  of  Cabot,  Vespudns.  Magellan  and  the 
other  great  explorers,  which  proved  that  a  new  world  had  indeed  been 
diacovcied.    The  150  pages  devoted  to  Vespacins  comprise  tome  of  the 

[291] 


144  AnnaIvS  of  'Thk  American  Academy. 

author's  most  critical  work.  Indeed,  the  particularity  with  which 
subject  is  treated  may  seem  better  suited  to  a  monograph  than  to  a 
chapter  in  so  general  a  discussion.  Mr.  Fiske  justifies  his  course, 
however,  by  urging  that  through  this  long  analytical  discussion  of 
the  way  in  which  the  name  America  came  to  be  applied  to  the  whole 
western  continent,  better  than  by  any  mere  narrative,  are  we  made  to 
realize  how  gradual  a  growth  the  discovery  of  America  proved. 

The  beautiful  character  of  Las  Casas  arouses  the  historian  to 
unwonted  enthusiasm.  He  passionately  defends  his  hero  from  the 
charge  of  having  founded  negro  slavery  in  the  new  world,  even 
asserting  that  in  Las  Casas  we  may  see  **the  mightiest  and  most 
effective  antagonist  of  human  slavery  in  all  its  forms  that  has  ever 
lived."  Few  chapters  in  history  are  more  thrilling  than  that  which 
describes  how  the  terrible  "Land  of  War"  was  civilized  and  Chris- 
tianized through  the  consecrated  efforts  of  this  white-souled  monk. 
"The  memory  of  such  a  life,"  says  Mr.  Fiske,  "  must  be  cherished  by 
mankind  as  one  of  its  most  precious  and  sacred  possessions." 

It  goes  without  saying  that  a  book  of  this  nature  from  the  pen  of 
Mr.  Fiske  bears  evidence  of  abundant  research.  Materials  have  been 
used  at  first  hand.  If  the  reader  is  disposed  to  test  the  author's 
accuracy  of  statement  or  validity  of  inference,  ample  opportunity  is 
afforded  by  the  full  citations  of  authorities  in  the  foot-notes.  But 
many  of  the  foot-notes  have  not  been  reserved  for  this  dignified  use; 
they  show  a  flippancy,  a  resort  to  ridicule  and  sarcasm  which  seem 
strangely  out  of  place  in  so  scholarly  a  work.  Of  course  this  book 
is  written  in  Mr.  Fiske's  captivating  style;  some  passages  are  nobly 
eloquent.  The  book  is  carsfully  indexed,  and  the  student  is  grateful 
for  an  excellent  topical  analysis.  One  of  its  greatest  services  consists 
in  its  freeing  the  reader  "from  the  bondage  to  the  modern  map."  At 
each  stage  in  the  narrative  is  shown  the  contemporary  map  or  globe. 
Maps  like  those  of  Ptolemy  and  Toscanelli  not  merely  recorded  the  dis- 
coveries, they  inspired  them.  The  evolution  of  the  modem  map,  as 
traced  in  these  reproductions  of  ancient  charts,  illustrates  most 
graphically  the  slowness  with  which  there  dawned  upon  Europe  the 
knowledge  of  the  American  continent.  George;  H.  Haynes. 


Industrial  Arbitration  and  Conciliation.    Some  chapters  from  the 
industrial  history  of  the  past  thirty  years.     Compiled  by  Josephine 
Shaw  Lowei^i,.      Pp.  no.      Price,  40  cents.      Questions  of  the  Day 
Series.     New  York  and  London:  G.  P.  Putnam's  Sons,  1893. 
Any  work  bearing  Mrs.  Lowell's  name  is  sure  to  be  filled  with  the 

spirit  of  reform.    Her  standpoint  in  respect  to  the  labor  question  is 

[292] 


Industrial  Arbitration  and  Conciuation.     145 

shown  in  the  opening  paragraphs  of  the  present  book,  where  she 
says: 

'*  It  is  in  the  nature  of  things  that  men  should  unite  to  attain  their 
common  ends,  and  the  kind  of  union  they  form,  the  ends  which  they 
seek,  and  the  means  adopted  to  attain  those  ends,  are  matters  of  vital 
importance  both  to  themselves  and  to  the  public.  There  can  be  little 
doubt  that  these  points  are  all  far  more  dependent  than  is  generally 
recognized,  not  upon  the  men  who  form  the  unions,  but  upon  the 
reaction  upon  them  of  the  laws  under  which  they  live,  and  of  the 
attitude  of  their  employers  and  of  the  public  toward  them." 

Then  follows  an  extended  extract  from  **  The  Conflicts  of  Labor  and 
Capital,"  by  George  Howell,  giving  a  sketch  of  the  gradual  emancipa- 
tion of  the  English  labor  unions  from  the  oppressive  laws  which 
prevailed  at  the  beginning  of  the  present  century.  The  lesson  drawn 
is  that  repressive  laws  are  ineffectual,  dangerous  and  demoralizing. 
Membership  in  a  union  should  be  purely  voluntary.  **  Neither  the 
employer  nor  the  workman  has  the  right  to  fetter  the  free  action  of 
any  other  person  in  this  matter." 

This  ser\'es  as  an  introduction  to  the  main  subject  of  the  book — 
hidustrial  conciliation.  The  foundation  for  confidence  in  boards  of 
conciliation  as  a  means  for  promoting  industrial  peace  lies  in  the  feet 
that  strikes  are  usually  the  outcome  of  misimderstandings.  As  a  rule, 
the  employer  and  workman  associate  so  little  that  they  have  but  slight 
regard  for  each  other's  interests,  and  but  slight  knowledge  of  the 
difficulties  with  which  the  other  party  must  contend;  but  when  both 
parties  are  thoroughly  organized  a  standing  board  of  conciliation 
composed  of  trusted  representatives  of  both  masters  and  workmen 
offers  the  desired  means  for  reaching  a  mutual  understanding,  and 
for  inspiring  mutual  confidence.  The  remarkable  success  of  the 
efforts  described  in  Mrs.  Lowell's  book  makes  them  worthy  of  the  atten- 
tion of  all  who  are  interested  in  the  labor  problem,  and  the  scope  of 
the  book,  as  well  as  its  brevity,  commends  it  to  the  busy  public. 

Some  well  chosen  extracts  from  Henry  Crompton's  "  Industrial 
Conciliation  "  give  an  epitome  of  the  development  of  boards  of  con- 
ciliation in  England  from  i860  to  1876,  and  the  history  is  brought 
down  to  1890  by  extracts  fi^m  a  review  article  by  Robert  Spence  Wat- 
son. "Conciliation  in  Belgium"  is  presented  chiefly  by  translation 
from  the  writings  of  Mr.  Julien  Weiler,  through  whose  efforts  the 
system  was  adopted  in  the  colliery  of  Basconp  in  1876. 

In  the  United  States  the  principle  of  industrial  conciliation  has  been 
adopted  with  excellent  results  in  the  mason  builders*  trade  of  New 
York,  Chicago  and  Boston,  through  what  are  known  as  joint  commit- 
tees of  arbitration*    The  joint  com  mittee  consists  of  five  representatives 

[293] 


146  Annals  of  thk  American  Academy. 

from  the  labor  union  and  five  from  the  mason  builders'  associ- 
ation. These  ten  members  choose  some  disinterested  and  respected 
party  as  an  umpire  to  be  called  upon  in  case  the  regular  committee 
fails  to  reach  an  agreement.  Both  parties  agree  to  abide  by  the  find- 
ings of  this  committee  on  all  matters  of  mutual  concern  referred  to 
it  by  either  party. 

This  simple  plan  for  the  mutual  consideration  of  questions  of  com- 
mon interest  has  proved  entirely  successful  in  avoiding  strikes  ant 
lockouts.     It  has  even  been  very  rarely,  if  ever,  necessary  to  call  fc 
the  help  of  the  imipire  in  settling  disputes.     The  actual  working 
these  committees  is  well  presented  with  interesting  extracts  from  the 
records  and  rules. 

On  learning  of  the  success  of  this  plan,  which  was  inaugurated 
New  York  nearly  ten  years  ago,  one  naturally  wonders  why  it  has  nc 
been  adopted  by  every  trade  that  suffers  from  industrial  warfai 
The  explanation  undoubtedly  lies  in  the  fact  that  employers  are  lot 
to  give  up  the  idea  that  they  have  a  right  to  manage  their  business 
they  see  fit,  while  the  fundamental  principle  of  industrial  conciliatic 
is  joint  consideration  and  joint  action  on  all  matters  of  mutual  coi 
cem.  That  the  employer  must  eventually  yield  his  point  is  indicate 
by  the  ever  increasing  solidarity  of  economic  interests.  When  economi 
theory  has  established  the  true  principle  for  the  determination  of  ji 
wages,  these  joint  committees  of  arbitration  seem  likely  to  becoi 
the  means  for  inaugurating  industrial  peace. 

David  I.  Green. 


Les  Bourses  du  Travail,     By  G.  de  Mownari.     Pp.  335.    Pric 

3  fr.  50.     Paris:  Guillamnin  &  Cie,  1893. 

No  one  questions  the  immense  material  advance  of  modem  time 
and  few  are  disposed  to  doubt  the  possible  beneficence  of  this  gred 
increase  in  man's  power  over  the  forces  of  nature.  But  a  question  hj 
arisen  concerning  the  distribution  of  this  extraordinary  addition 
our  wealth.  This  is  the  labor  problem:  Have  the  means  of  good 
living  accruing  to  mankind  been  equitably  distributed  between  the 
two  great  categories  of  producers  who  have  contributed  to  their  crea- 
tion ?  Do  laborers  get  a  fair  share  of  the  product  which  results  from 
the  joint  efforts  of  the  necessary  factors  in  production,  labor  and 
capital  ?  How  can  the  division  be  made  or  be  made  to  seem  more 
just? 

Various  solutions  are  offered  to  the  problem.  Christian  philanthro- 
pists urge  the  rule  of  life  given  by  Christ  to  a  group  of  fishermen,  and 
insist  that  doing  unto  others  as  we  would  that  they  should  do  unto  us 

[294] 


Les  Bourses  du  Travail.  147 

will  alone  give  us  social  and  industrial  peace.  Henry  George  regards 
the  wages  system  as  a  modified  form  of  slavery,  and  maintains  that 
the  wedge  which  has  entered  society  and  is  making  the  rich  richer  and 
the  poor  poorer  can  only  be  removed  by  a  confiscation  of  all  landed 
property  and  by  keeping  the  same  as  the  property  of  all  of  na — that 
is,  of  the  State.  Socialists  go  a  step  farther  and  hold  all  profit  to  be 
surplus  value  and  hence  only  robbery  of  laborers.  They  would  con- 
fiscate all  the  means  of  production  and  then  use  them  under  some 
system  of  public  industry  where  all  work  for  each  and  each  for  all. 

The  answer  which  the  editor  of  the  Journal  des  EconomisUs,  M. 
de  Molinari,  gives  to  the  question  is  at  once  affirmative  and  negative. 
He  holds  that  wages  to-day  constitute  more  nearly  than  formerly  a 
just  proportion  of  the  product  of  industry,  but  that  they  will  continue 
to  absorb  a  larger  and  larger  portion;  that  this  further  increase  will 
come  as  every  past  acquisition  has  come,  from  the  remedies  adopted 
by  the  laborers  themselves  and  not  through  intervention  on  the  part 
of  the  State;  and  that  a  higher  social  level  is  to  be  attained  only  by 
modifying  and  perfecting  the  institutions  under  which  we  are  now 
living.  He  is  an  economic  evolutionist  and  writes  in  the  fear  of  the 
possible  consequences  of  socialism. 

In  the  work  of  such  men  as  Owen,  St.  Simon  and  Fourier  there  was 
only  the  romantic  chimera  of  attempting  to  replace  the  present  order 
by  a  complete  social  reorganization.  These  social  dreamers  only  influ- 
enced the  more  cultivated  classes  and  led  the  finer  minds  to  a  Brook 
Farm— Albert  Brisbane,  George  Ripley,  George  William  Curtis, 
Bmerson,  Hawthorne,  Charles  A.  Dana,  and  Margaret  Fuller.  But 
after  1848  socialists  became  politicians  and  proposed  the  expropriation 
of  the  capitalist  class  by  a  violent  social  revolution.  M.  de  Molinari 
conceives  that  socialism  has  become  epidemic,  that  repressive  measures 
do  not  suffice,  and  that  there  is  cause  for  alarm,  particularly  because 
governments  are  trj'ing  the  homeopathic  remedy  of  opposing  revolu- 
tionary socialism  with  socialism  of  the  State  and  this  more  than  any- 
where else  in  the  most  democratic  of  all  countries,  the  United  States. 
He  thinks  it  not  at  all  improbable  that  the  first  part  of  the  socialist 
pn^ram  will  be  realized  in  the  near  future.  The  political  revolutions 
of  the  eighteenth  and  nineteenth  centuries  have  made  possible  the 
•odal  revolution  of  the  twentieth.  He  therefore  presents  an  economic 
philosophy,  shows  the  impossibility  alike  of  a  personal  relation  between 
employer  and  employed  and  of  the  public  direction  of  industry,  and 
urges  the  conscious  evolution  of  society  through  the  perfection  of  the 
wages  system. 

His  theory  of  wages  is  that  the  price  of  labor  like  that  of  everything 
dae  which  is  bought  and  sold  is  determined  by  cost;  that  there  is  a 

[295] 


148  Annals  of  thk  American  Acadkmy. 

necessary  rate  of  remuneration  of  labor  which  represents  the  expenses 
of  producing  labor— the  cost  of  living  of  laborers;  that  this  is  the  just 
return  for  their  service  in  industry;  that  this  is  a  level  toward  which 
wages  must  gravitate,  and  that  the  chief  obstacles  to  reaching  and 
raising  this  are  the  secrecy  which  both  laborers  and  their  employers 
persist  in  maintaining  in  regard  to  the  rate  of  wages  actually  paid, 
ignorance  as  to  the  real  condition  of  the  labor  market,  its  limited 
extent,  and  the  pressing  necessity  and  retail  methods  of  the  laborer 
as  seller  on  the  same.     He  consequently  believes  that  the  remedy  he 
in  widening  the  labor  market,  securing  publicity,  and  using  wholesal 
methods.    Higher  wages  and  greater  security  of  income  and  regularit 
of  employment  would  result.     It  would  be  but  extending  to  labor  tL 
process  of  evolution  which  has  already  reached  capital  and  the  prr 
duction  of  many  staple  articles  such  as  cotton,  wool,  iron,  the  cereal- 
and  so  forth.     The  market  is  the  world;  the  price  is  definite  and  ikv 
arbitrary;  the  supply  is  assured.    He  urges  the  establishment  of  boards 
of  trade  and  stock  exchanges  in  which  labor  shall  be  the  article  dealt 
in,  and  asks:  "Why  should  not  our  daily  papers  give  tables  of  the 
rates  of  wages  as  well  as  the  price  of  stocks  ?"    The  larger  half  of  his 
book  is  taken  up  with  an  historical  account  of  the  attempts  to  found 
these  bourses  du  travail  in  France.    It  is  a  subject  which  has  engaged 
the  attention  of  our  bureaus  of  labor,  and  the  work  in  an  English  dress 
would  commend  itself  to  the  commissioners  and  to  leaders  of  labor 
movements. 

The  author  contends  that  the  extension  and  unification  of  the  labor 
market  will  bring  peace  where  now  there  is  war,  will  make  the  price 
of  labor  impersonal  as  is  that  of  capital  already,  will  make  possible 
wholesale  methods,  substitute  publicity  for  secrecy,  secure  collective 
instead  of  individual  guarantee  against  industrial  change  and  acci- 
dent, make  higher  wages  possible  by  their  being  determined  in  a 
general  and  not  in  an  isolated  and  local  market,  add  to  the  wealth  of 
the  community,  and  increase  the  solidarity  of  mankind.  A  few  more 
facts  in  the  text  itself  and  a  little  less  anxiety  about  the  freedom  of 
international  trade  would  make  the  book  more  interesting  to  American 
readers.  Arthur  Burnham  Woodford. 


Leonidas  Polk,  Bishop  and  General.  By  Wii.i,iam  M.  Polk,  M.  D., 
LL.D.  2  vols.,  X,  349  and  viii,  442.  Price $4.00.  New  York:  Long- 
mans, Green  &  Co.,  1893. 

The  family  of  Pollock,  under  which  form  the  name  Polk  first  ap- 
pears, is  of  Scotch  origin,  and  besides  Bishop  Polk,  has  given  to  the 

[296] 


Leonidas  Polk,  Bishop  and  General.         149 

anited  States  Goveraor  Charles  Polk,  of  Delaware,  Tmsten  Polk,  Got- 
mor  of  Missouri,  and  United  States  Senator,  and  President  James  K. 
Polk.  From  Maryland  the  family  removed  to  Pennsylvania,  and  from 
his  province,  Thomas  Polk,  the  grandfather  of  the  Bishop,  remored 
o  Mecklenburg  County,  N.  C,  in  1753. 

It  was  through  the  influence  of  Thomas  Polk  that  the  AsKmbly 
>f  North  Carolina  chartered  in  1771  Queen's  Mnsemn,  located  in 
:harlotte,  and  destined  to  serve  as  a  sort  of  high  school  and  college 
'or  the  Scotch-Irish  Presbyterian  element  by  whom  the  section  wu 
principally  settled.  But  the  charter  was  annulled  by  the  king.  The 
)chism  Act  was  enforced  in  North  Carolina  from  1730  to  1773.  The 
charter  was  withheld  from  the  Newbem  Academy  in  1766  because  the 
leadmaster  was  not  required  to  be  of  the  Church  of  England,  the 
Sdenton  Academy  had  the  same  fortune  in  1768  and  Queen's  Museum, 
o  escape  a  similar  fortune,  provided  that  the  president  should  be  an 
Spiscopalian.  But  the  Board  of  Trade  saw  through  the  arrangement, 
he  fellows  and  tutors  would  still  be  Presbyterians,  a  charter  would 
end  •*  encouragement  to  dissent,"  and  was  therefore  not  given.  Bnt 
rhomas  Polk  had  the  pleasure  of  seeing  the  institution  flourish  in 
tpite  of  royal  prohibitions,  and  it  \*-as  instrumental  in  preparing  the 
ninds  of  the  people  of  Mecklenburg  for  the  stirring  scenes  enacted 
here  in  May,  1775.  In  their  efforts  for  independence,  no  people  were 
n  advance  of  those  of  Mecklenburg,  and  perhaps  their  defeat  in  the 
natter  of  Queen's  Museum  acted  as  a  spur  to  bolder  deeds. 

Thomas  Polk  was  one  of  the  leading  actors  in  the  Mecklenburg 
declaration  of  Independence  of  the  twentieth  of  May,  so  called,  and 
ilso  in  that  of  the  thirty-first  of  May.  On  the  disputed  matter  of 
lates.  Dr.  Polk  does  not  undertake  to  enter  in  detail.  Such  would 
lave  been  impossible,  for  no  phase  of  the  history  of  North  Carolina 
las  been  so  widely  discussed,  or  has  such  an  extensive  literature.  He 
bllows  largely  the  strong  address  on  the  affirmative  side  by  the  Hon. 
^nniam  A.  Graham,  but  does  not  seem  to  be  well  acquainted  with  the 
irguments  on  the  negative  side  of  the  question. 

Bishop  Polk  was  intended  by  his  father  for  the  anny.  His  own 
eelings  led  him  into  the  church.  Perhaps  there  are  no  more  intereet- 
ng  sections  in  the  book  than  those  relating  to  his  work  at  Ifissionaiy 
iishop  of  the  Southwest.  This  post  he  occupied  firom  1838  to  1841. 
lis  work  embraced  Arkansas,  Indian  Territory,  Miaaisaippi,  I/mtaiana 
nd  Alabama.  In  many  places  he  found  that  religiea  was  hardly 
bought  of ;  in  others  the  church  was  unorganized,  and  much  time  was 
pent  in  organization.  He  was  transferred  to  the  Diocese  of  Louisiana 
n  1841.  Here  was  the  scene  of  his  life  work.  There  were  then  but 
wo  church  buildings  and  five  clergymen  in  the  State.     In  i860  be 

[297] 


I50  Annals  of  the:  American  Academy. 

had  seen  the  clergy  increase  seven-fold,  the  members  ten-fold  and 
parishes  and  missions  twenty-fold.  When  entering  upon  his  Episco- 
pate he  became  a  planter  and  took  the  negroes  coming  to  his  wife  by 
inheritance,  rather  than  money,  under  the  deliberate  conviction  that, 
as  a  planter,  he  could  exercise  a  greater  influence  among  a  society  of 
planters.  But  he  never  failed  to  recognize  that  his  mission  was  as 
much  to  the  slave  as  to  his  master,  as  his  action  in  building  St.  John's 
Church  for  his  own  negroes  while  living  in  Tennessee  will  sufficiently 
indicate.  Perhaps  no  more  typical  description  of  the  patriarchal 
character  of  the  ante-bellum  Southern  planter  can  be  found  than 
those  chapters  describing  his  home  life  and  his  tender  relations  to  his 
family  and  slaves,  and,  in  the  absence  of  an  extensive  literature  deal- 
ing with  the  private  life  of  the  old-time  Southerner  of  the  better  class, 
the  present  volumes  are  particularly  welcome. 

Bishop  Polk's  greatest  influence  on  posterity  will  be  through  the 
University  of  the  South.  In  the  organization  of  this  institution  his 
influence  was  paramount.  The  plans  and  outlines  of  the  institution 
had  been  revolved  in  his  mind  for  more  than  twenty  years.  It  was  to 
be,  as  its  name  indicates,  an  institution  which  should  embrace  all  creeds 
and  all  States  in  the  South,  one  whose  curriculum  and  advantages 
should  equal  those  of  Yale  and  Harvard  and  its  "  University  Press  " 
•was  to  serve  as  a  source  of  encouragement  and  vehicle  of  expression 
for  Southern  literature.  To  show  the  broad  basis,  the  large  mould 
into  which  his  ideas  were  cast  compared  with  other  institutions  in  the 
South,  his  purpose  was  that  work  should  not  be  begun  before  it  had 
an  endovrment  of  |500,ooo,  and  this  sum  had  been  actually  raised  when 
the  war  swept  it  away.  These  plans,  laid  deep  and  well,  met  with 
hearty  approval  from  churchmen  and  others.  Governor  Swain,  Presi- 
dent of  the  University  of  North  Carolina,  then  perhaps  the  leading 
institution  in  the  Southern  States,  and  with  which  the  new  one  would 
come  into  sharp  competition,  stated  frankly  that  if  any  denomination 
could  bring  the  various  sects  of  Christians  together  on  a  common  edu- 
cational basis  that  church  was  the  Protestant  Episcopal. 

The  turning  point  in  the  life  of  Bishop  Polk  was  in  1861.  The  year 
i860  was  spent  in  developing  the  plans  of  his  University,  and  not  in 
plotting  against  the  Union  as  his  enemies  have  said.  But  reared  in 
the  school  of  States'  rightf ,  it  was  natural  for  him  to  hold  to  Southern 
views.  He  had  perfect  faith  in  the  validity  of  an  ordinance  of  seces- 
sion; in  his  opinion  on  the  withdrawal  of  a  State  from  the  Union  the 
church  went  with  it,  and  he  took  action  accordingly.  He  consented 
to  serve  in  the  Confederate  army  only  in  answer  to  what  he  believed 
to  be  the  call  of  necessity.  He  did  not^  resign  his  bishopric.  His 
episcopal  functions  were  only  suspended  and  it  was  his  constant  desire 

[298] 


Leonid  AS  P01.K,  Bishop  and  General.         151 

to  lay  aside  the  sword.  But  that  time  never  came.  He  was  commis- 
sioned Major-General  twenty-fifth  of  June,  1861,  was  promoted  Lieuten- 
ant-General  in  1862,  was  in  most  of  the  battles  in  the  West  and  was 
killed  by  a  cannon  shot  on  Pine  Mountain,  Georgia,  on  the  fourteenth 
of  June,  1864,  while  covering  the  retreat  of  Johnston  before  Sherman. 

The  second  volume,  with  two  chapters  of  the  first,  is  devoted  to 
secession  and  Bishop  Polk's  career  as  a  general.  It  was,  perhaps,  un- 
desirable that  so  much  space  was  given  to  the  military  career  of  Gen- 
eral Polk  at  the  expense  of  the  ecclesiastical  career  of  Bishop  Polk. 
His  military  work  has  gone;  his  episcopal  and  educational  work 
remain. 

Some  errors  have  crept  into  the  volumes.  George  Burrington's  com- 
plaint of  the  North  Carolinains  (I,  8,)  was  made  in  1731,  not  1751; 
George  E.  Badger  (I,  47,)  was  never  a  member  of  the  Supreme  Court 
of  North  Carolina.  He  was  a  judge  of  the  Superior  Court  and  was 
once  nominated  as  a  justice  of  the  Supreme  Court  of  the  United 
States,  but  failed  of  confirmation.  There  was  a  newspaper  in  Hills- 
borough, N.  C,  in  1786  (I,  9),  another  in  Salisbury  in  1798,  and  one  in 
Lincolnton  about  1800.  Prior  to  1820  several  others  were  probably 
published  west  of  Raleigh.  Cooper  for  Hooper  (I,  44)  has  been  cor- 
rected in  the  index,  and  as  John  Adams  always  spelt  the  name  of 
Joseph  Hewes  correctly  in  other  places  he  probably  did  so  here.  Ray- 
nor  is  for  Rayner  (I,  157,  175,  220).  Governor  Martin's  letter  (I,  10) 
is  dated  June  30,  1775,  and  not  July  30,  and  Dr.  Charles  Caldwell's 
•*  Memoirs  of  General  Greene  "  (I,  42),  was  published  in  1819,  not  1812. 

The  carefully  prepared  and  exhaustive  index  of  sixty-six  pages  is 
to  be  thoroughly  commended.  No  better  example  to  Southern  book- 
makers can  be  ofiered  than  this,  for  to  most  of  them  this  is  a  lost  art. 
There  is  a  portrait  of  Colonel  William  Polk,  one  of  Leonidas  Polk  as 
Bishop  and  another  as  General,  with  numerous  plans  of  battles.  If 
the  bibliography  of  American  historical  literature  were  closely  exam- 
ined it  would  appear  that  little,  comparatively  speaking,  had  been 
printed  relating  to  Southern  men;  the  South  has  been  too  indiflferent, 
too  serenely  unconscious  to  care  for  the  preservation  of  the  record 
which  it  has  made.  Under  such  circumstances  the  life  of  Bishop  Polk 
is  of  more  than  usual  interest  and  value. 

Stephen  B.  Weeks. 


RECENT  BOOKS  ON  MONETARY  PROBLEMS. 

I.  A  Treatise  on  Money  and  Essays  on  Monetary  Problems.  Professor 
J.  Shield  Nicholson.  Second  edition,  revised  and  enlarged.  Pp. 
xvi  and  415.  Price  I2.50.  London  :  Adam  and  Charles  Black,  New 
York  :  Macmillan  &  Co.     1893. 

[299] 


152  Annals  of  the  American  Academy. 

2.  Die  Stichworte  der Silberleute.  Von  Ludwig  Bamberger.  Vierte 
verbesserte  und  vermehrte  Auflage.  Pp.  151.  Berlin  :  Rosenbaum 
und  Hart,  1893. 

3.  Le  mHal-argent  d.  la  fin  du  xixf  sUcle,  Par  IvOUis  Bamberger. 
Traduit  par  Raphaei.  Georges  Levy.  Pp.  xiii,  352.  Price  8  fr. 
Paris:  Guillaumin  et  Cie,  1894. 

4.  Mtlanges  financiers.  Par  Raphaei.  Georges  Levy.  Pp.  313. 
Paris:  Hachette  et  Cie,  1894.     Price  3  fr.  50. 

5.  Die  Wdhrungs/rage  und  die  Zukunft  der  Osterreichisch-Ungar- 
ischen  Valuierefotm.    Von  F.  WiESER.     Pp.  28.     Prag,  1894. 

6.  1st  eine  Abnahme  der  Goldproduktion  zu  befurchten  ?  Eine  Vor- 
frage  zur  Wahrungsfrage.  Von  Georg  Heim.  Pp.  68.  Price  2 
mark.     Berlin  :  L.  Simion,  1893. 

Monetary  literature  is  so  fruitful  a  branch  of  general  economic 
literature,  and  especially  in  recent  years  has  so  much  attention  been 
concentrated  on  the  study  of  money  that  for  others  than  specialists  a 
judicious  spirit  of  selection  is  necessary  in  order  to  keep  abreast  of 
the  current  and  to  know  those  works  that  are  really  worth  the 
knowing.  All  the  books  above  cited  are  from  able  and  representa- 
tive men  who  are  competent  to  speak  with  authority  from  the  point 
of  view  they  respectively  present. 

Professor  Nicholson  reproduces,  in  a  new  and  altered  edition,  a 
volume  that  he  originally  published  in  1888.  It  is  a  clear  and  well- 
written  statement  of  the  opinions  that  go  to  make  up  the  scientific 
international  bimetallic  faith  which  has  certainly  been  gaining  many 
adherents  of  late.  The  form  of  the  book  is  open  to  objection.  The 
first  part  is  an  elementary  treatise  of  106  pages  on  money  in  general 
and  seems  to  me  too  elementary  for  those  readers  who  can  intelli- 
gently read  the  second  part,  which  makes  up  the  bulk  of  the  volume 
and  is  a  series  of  essays,  more  or  less  abstruse,  on  various  problems  of 
monetary  science,  and  much  too  difficult  for  the  general  reader  of  the 
industrial  classes  for  whom  the  first  part  was  originally  written.  The 
book  may  prove  useful  for  class  work  to  some  teachers  who  do  not 
care  to  use  larger  works,  such  as  Walker's,  but  who  might  very  profit- 
ably place  Professor  Nicholson's  book  in  the  hands  of  those  following 
an  elementary  course  on  money,  supplementing  in  lectures  the  clear 
statement  of  principles  and  using  the  essays  later  on  as  a  basis  for 
daas  discussions.  These  essays,  Professor  Nicholson  tells  us,  are 
intended  to  be  an  application  of  the  principles  discussed  in  the  first 
part  to  "some  actual  problems,  especially  those  embraced  in  what  is 
called  the  silver  question."  It  is  here,  too,  that  most  change  has 
taken  place  in  the  new  edition,  and  that  chiefly  by  way  of  addition  of 

[300] 


A  Treatise  on  Money.  153 

six  new  essays.  A  note  of  these  may  be  of  interest  to  those  who 
possess  the  first  edition  and  do  not  care  to  purchase  the  second.  They 
are:  (i)  "Mr.  Giflfen's  Attack  on  Bimetal  lists,"  reprinted  from  the 
Nineteenth  Century,  December,  1889.  (2)  "Mr.  A.  de  Rothschild's 
Proposal  to  the  Monetary  Conference,"  from  the  Scotsman,  December 

1S92.     (3)  "  The  Missing  Link  Between  Gold  and  Silver,"  also  from 

le  Scotsman,  April  15,  1893.  (4)  ••  Living  Capital  of  the  United 
kingdom,"  Economic  Journal,  March,  1891.  (5)  "Capital  and  Labour, 

leir  Relative  Strength,"  Economic  Journal,  September,  1892.  (6) 
"The  Indian  Currency  Experiment,"  Contemporary  Review,  Septem- 
ber, 1893. 

Space  will  not  permit  us  here  to  discuss  critically  the  opinions  of 
^Professor  Nicholson  especially,  as  these  have  undergone  no  radical 
inge  since  the  publication  of  his  fi.rst  edition.  Both  his  power  as  an 
economic  reasoner  and  the  strength  of  his  position  are  better  illus- 
trated in  his  essays  than  in  the  treatise.  He  well  remarks  that  it  is  no 
longer  possible  to  divide  money  theorists  into  mono-metallists  and  bi- 
metallists,  since  of  each  of  these  classes  there  exist  many  varieties. 
There  is,  however,  one  clear  and  final  test  which  serves  as  a  dividing 
line,  no  matter  how  many  subdivisions  it  may  later  be  necessary  to 
make.  That  test  is  the  affirmation  or  negation  of  the  possibility  of 
maintaining  a  fixed  ratio  between  two  metals  irrespective  of  the  eco- 
nomic conditions  of  their  production  and  consumption.  This  says 
nothing  about  what  ratio  could  be  maintained  or  what  amount  of 
government  power  or  concerted  action  would  be  necessary  to  main- 
tain a  fixed  ratio.  Yet  whoever  says  that  under  no  conditions  is 
a  fixed  ratio  possible,  except  when  by  accident  it  agrees  with  the 
market  ratio,  is  some  kind  of  a  mono-metallist  and  he  who  says 
that  it  is  possible  is  some  kind  of  a  bimetallist.  It  then  follows 
that  each  party  must  give  his  reasons  for  the  faith  that  is  within  him. 
No  amount  of  discussion  of  the  monetary  evils  of  which  both  sides 
are  cognizant,  whether  professedly  or  not,  nor  general  talk  on  the 
morality  of  bimetallism  will  suffice  to  clear  the  already  too  hazy 
atmosphere  so  long  as  this  vital  question  is  neglected.  Professor  Nichol- 
son devotes  one  of  his  shortest  essays  to  this  question  and  seems  to 
prefer  to  make  the  quantitative  theory  of  money  the  test  of  bimetallic 
orthodoxy.  Undoubtedly  the  quantitative  theory  in  its  relation  to 
prices  is  another  vantage-ground  from  which  to  give  and  take  battle, 
but  it  may  be  held  with  so  many  different  restrictions  as  to  be  accepted 
by  both  mono-metallists  and  bimetallists.  We  should  like  to  sec  bi- 
metallists  of  Professor  Nicholson's  calibre  devote  more  discussion  to  the 
vital  point  of  the  possibility  of  a  fixed  ratio.  Among  minor  points  we 
may  mention  the  fact  that  the  two  essays  on  '*  Living  Capital "  and 

[301] 


154  Annaxs  of  the  American  Academy. 

"  Capital  and  Labour,"  which  attempt  to  estimate  the  capitalized  value 
of  the  individuals  who  compose  the  population  of  England  and  to  com- 
pare this  with  accumulated  capital  from  the  point  of  view  of  the  labor 
gtruggle,  seem  rather  out  of  place  in  a  collection  of  purely  monetary 
essays,  their  problems  having  little  connection  with  those  of  monetary 
science.  Moreover,  the  uncertain  basis  upon  which  such  statistical 
estimates  are  made  detracts  much  from  any  conclusions  that  may  be 
drawn.  The  essay  on  "John  Law  of  Lauriston  "  will  again  be  wel- 
comed by  all  students  who  wish  to  study  a  remarkable  period  in 
monetary  history.  It  is  thoroughly  well  done  and  will  help  to  "  brush 
away  some  of  the  dust  of  oblivion  and  the  mire  of  calumny  from  the 
name  of  a  man  who  in  power  and  determination  and  sheer  ability  was 
one  of  the  strongest  men  that  Scotland  has  produced. ' '  In  attempting 
to  clear  up  the  use  of  the  term  ' '  appreciation  of  gold,"  Professor  Nichol- 
son tells  us  on  page  54,  that  since  appreciation  means  that  gold  coin  will 
purchase  more  commodities  or  conversely,  that  commodities  will  bring 
fewer  pieces  of  gold,  therefore,  "  it  is  unmeaning  to  speak  of  the  gen- 
eral fall  in  prices  being  caused  by  the  appreciation  of  gold."  In  other 
words  appreciation  of  gold  and  fall  in  prices  are,  according  to  Professor 
Nicholson,  one  and  the  same  thing.  Unless  Professor  Nicholson 
wishes  to  go  into  a  metaphysical  discussion  of  the  "causal  relation  " 
and  enlighten  us  with  some  new  principle  his  point  here  is  not  well 
taken.  The  usage  Mvhich  he  condemns  has  not  only  the  weight  of 
good  authority  in  its  favor,  but  it  expresses,  as  well  as  words  ever  do, 
the  thought  intended.  Mr.  Goschen  on  Feb.  28,  1893,  in  speaking  on 
the  monetary  question  in  the  House  of  Commons,  said  that  the  lower- 
ing of  prices  was  caused  by  an  appreciation  of  gold.  A  gold  appreci- 
ation or  a  fall  of  prices  are  two  expressions  which  may  be  used  to 
convey  the  idea  that  there  has  been  a  change  in  the  relation  of  prices 
to  the  standard  in  which  they  are  measured.  Now  it  is  true  that  this 
change  may  be  due  to  two  causes,  both  to  changes  in  the  standard  and 
to  other  changes  affecting  the  prices  of  commodities,  in  which  case  it 
would  be  inexact  to  say  that  gold  appreciated  because  prices  fell  or 
vice  versa,  but  as  soon  as  we  say  the  fall  in  prices  has  been  caused  by 
an  appreciation  of  gold  we  mean  that  the  change  in  relation  has  been 
due  to  changes  in  gold.  It  is  like  two  ends  of  a  see-saw,  when  one 
end  goes  up  the  other  must  go  down,  but  when  we  say  that  end  A 
went  down  because  end  B  went  up  we  mean  that  some  change  in  the 
weight  on  end  B  took  place  which  caused  the  movement.  No  one  is 
deceived  by  this  usage  of  terms  and  we  see  no  clearer  way  of  express- 
ing the  given  idea. 

HexT  Bamberger,  as  a  member  of  the  German  Reichstag,  is  so  well 
known  by  his  speeches  and  writings  on  money  topics  as  to  need  no 

[302] 


( 


Le  met av argent.  155 

introduction.  The  present  little  book  has,  moreover,  met  with  astonish- 
ing success,  as  not  every  money  treatise  passes  through  four  editions  in 
so  short  a  space  of  time,  and  we  are  told  that  a  fifth,  and  I  believe  unal- 
tered, edition  has  been  issued  since  we  received  the  fourth  for  review. 
M.  Raphael-Georges  lycvy,  Professor  at  the  Ecole  libre  des  sciences 
politiques  at  Paris,  has  just  published  a  French  translation  of  this 
work  together  with  other  of  Bamberger's  writings  in  a  volume  of 
the  ^^  Collection  (V  auteurs  Strangers  contemporains,'^  '' Le  metal- 
argent  a  la  Jin  du  xix*  si^cle"  comprises  the  "Fate  of  the  Latin 
Union,"  "Silver,"  and  "Sophistries  of  Silver-advocates."  In 
"Sophistries  of  Silver  Advocates,"  Bamberger  re\'iews  the  case  of  the 
bimetallists  in  Germany,  and  touches  at  times  on  the  international 
question  but  always  from  a  distinctively  German  point  of  view. 
While  there  is  a  great  wealth  of  valuable  practical  experience  brought 
to  bear  on  all  that  he  has  to  say  in  favor  of  the  unconditional  main- 
tenance of  a  single  gold  standard,  and  all  lovers  of  a  sound  mone- 
tary theory  must  agree  with  many  positions  he  arbitrarily  takes 
against  some  of  the  unproved  experiments  that  our  bimetallic  friends 
would  hastily  push  into  execution,  no  reader  of  this  book  can  fail 
to  see  that  it  is  the  special  pleading  of  a  political  leader  with  his 
eye  on  the  practical  political  situation  rather  than  the  writing  of 
a  pure  searcher  after  truth  or  a  would-be  reformer.  The  Agrar- 
ian party  in  Germany  represents  agricultural  interests  that  have 
suflfered  severely  in  late  years  from  some  cause  or  causes,  and  it  has 
grasped  at  bimetallism,  at  anti-semitism,  and  at  anything  else  that 
offered  an  outlet  for  its  discontent  and  the  hope  of  a  change  ;  often,  it 
is  true,  without  other  than  a  superficial  selfish  interest  in  the  theory 
chosen  as  a  means  to  an  end,  yet  Bamberger  is  certainly  a  little  unfair 
in  charging  all  German  bimetallists  with  fickleness  and  inconsistency. 
Bimetallism  of  the  international  type  had  able  representatives  in  Ger- 
many before  the  movement  received  the  political  support  of  the 
Agrarian  party.  With  this  general  introduction  Bamberger  addresses 
himself  to  the  two  questions  upon  which  he  believes  the  bimetallists 
rest  their  case,  the  fall  in  prices  of  agricultural  products  due  to  the 
gold  standard  having  been  introduced  into  Germany,  and  the  injury 
done  German  agricultural  interests  by  unfavorable  competition  with 
those  lands  having  other  money  systems  which  enabled  them  to  flood 
German  markets  with  ag^cultural  products. 

He  finds  that  the  fall  in  price  of  agricultural  products,  except  in  a 
few  cases  where  the  harvests  were  exceptional,  has  been  no  greater 
than  in  other  products  and  he  claims  that  this  is  in  no  wise  due  to 
scarcity  of  money  as  the  quantity  of  money  in  the  world's  banks  and 
in  Germany  has  materially  increased    in  recent  years.     This  last 

[303] 


156  Annals  of  thk  American  Academy. 

statement  is  based  on  certain  bank  statistics  without  considering  the 
question  of  the  influence  of  possible  changes  in  the  means  of  doing  busi- 
ness and  is  not  an  absolutely  satisfactory  proof  that  the  stock  of  money 
has  increased.  Space  will  not  permit  us  here  to  discuss  in  detail 
Herr  Bamberger's  successive  points.  He  does  not  believe  that  the 
amount  of  free  gold  to  maintain  a  gold  standard  need  be  very  con- 
siderable, but  thinks  that  increasing  combinations  of  credit  and  balance 
arrangements  tend  to  decrease  the  amount  of  gold  necessary.  He 
maintains  that  it  is  impossible  to  force  silver  into  circulation  where  it 
is  not  wanted  and  refers  to  unsuccessful  attempts  of  the  United  States 
Government  to  help  silver  into  circulation  by  forwarding  it  free  of 
charge  to  all  parts  of  the  country.  He  believes  that  since  the  great 
gold  influx  after  the  Californian  and  Australian  discoveries,  there  has 
been  a  marked  public  preference  for  gold  on  account  of  its  convenience 
and  as  a  matter  of  taste,  and  that  the  crisis,  which  the  discarding  of 
silver  produced,  would  have  come  sooner  had  it  not  been  for  increased 
Indian  consumption  of  silver  at  this  critical  period.  He  declares  that 
the  increased  use  of  silver  as  a  reserve  against  the  issue  of  notes  is  one 
of  the  inherently  impossible  plans  of  the  bimetallists  at  the  present 
time,  and  he  finds  in  the  so-called  "  Hinkende  Wahrung  "  ("lame  coin- 
age," a  money  system  on  gold  basis  but  making  large  use  of  silver), — 
so  widespread  at  present  only  a  trifle  better  than  a  silver  standard,  and 
justifiable  only  where  it  is  the  intermediary  stage  to  a  pure  gold  coin- 
age. He  meets  Wagner's  strong  objection,  that  there  is  not  enough 
gold  reserve  for  the  possibility  of  war,  with  the  assertion  that  Germany's 
war  fund,  stored  up  in  the  Juliusthurm,  will  not  be  paid  out  at  once  in 
case  of  war,  but  used  as  a  reserve  basis  to  guarantee  a  war  currency  of 
notes,  etc.  The  question  of  the  fall  in  prices,  its  extent  and  causes, 
monetary  conferences,  the  question  of  the  old  or  a  new  ratio,  the  con- 
dition of  the  silver  industry,  all  come  in  for  their  share  of  treatment. 
In  an  appendix  written  for  this  fourth  edition,  in  July,  1893,  we  see  the 
last  proof  of  German  bimetallists  knocked  down,  in  that  India  has 
seen  the  light  and  is  going  to  adopt  a  gold  standard,  and  no  longer  can 
Indian  competition  in  agricultural  products  furnish  the  wicked  Agra- 
rians any  arguments  for  their  bimetallic  faith. 

As  already  remarked,  this  volume  partakes  throughout  rather  of  the 
nature  of  a  party  program  :  it  will  convince  those  already  convinced 
of  the  rightfulness  of  their  position,  but  can  in  no  wise  be  considered 
A  scientific  contribution  to  monetary  literature,  except  in  so  far  as  it 
clears  up  in  a  very  satisfactory  manner  and  puts  in  splendid  contrast 
the  real  points  at  issue  in  the  so-called  silver  controversy.  Herr  Bam- 
berger has  added  in  a  second  supplement  a  German  translation  of  two 
articles,  by  Mr.  A.  de  Foville,  originally  printed  in  the  Economists 

[304] 


Melanges  financiers.  157 

Francais,  Nos.  15  and  16,  of  1893,  entitled  "Silver  and  Gold."  The 
general  conclusions  are  the  same  as  those  of  Bamberger.  The  articles 
are  exceedingly  well  written  and  contain  in  a  short  space  one  of  the 
clearest  statements  of  the  silver  question  that  we  have  seen. 

Bamberger's  other  writings,  now  made  more  accessible  to  French 
readers,  perhaps  also  to  English  ones,  are  no  less  partisan.  In  the 
preface  to  M.  Levy's  very  readable  translation,  he  admits  that  M. 
Bamberger  is  a  "special  pleader."  The  *'  Fate  of  the  Latin  Union  " 
contains  so  much  valuable  historical  material  connected  with  the 
history  of  this  union  that  the  French  translation  will  be  very  accepta- 
ble to  those  to  whom  the  German  edition  is  less  intelligible.  M. 
I^vy  has  added  greatly  to  its  value  by  inserting  in  an  appendix,  a 
copy  of  the  text  of  the  first  Latin  Union  treaty  (1865)  and  of  the  last 
two,  dated  1S85  and  November,  1893,  respectively. 

The  next  number  (3)  in  the  list  of  works  above  cited  shows  us 
that  M.  L^vy  is  more  than  a  translator,  and  that  he  has  utilized  well 
his  long  experience  in  practical  banking  and  monetary  dealings. 
*^ Melanges  financiers  "  is  one  of  the  clearest  and  most  suggestive 
of  recent  publications,  and  it  will  repay  study  much  better  than  its 
modest  title  would  perhaps  warrant.  The  first  part,  entitled  "  la 
speculaiion  et  la  banque,*^  traces  the  true  and  necessary  role  of* specu- 
lation in  modem  business,  and  indicates  how  well  organized  banks 
should  diflferentiate  out  this  element  or  leave  it  to  other  financial 
institutions  in  order  to  guard  the  public's  interests  and  their  own 
position  as  institutions  of  deposit.  Part  second  on  ''Vavenir  des 
inStaux  pricieux  ^^  treats  the  vexed  question  of  the  gold  and  silver 
supply  with  great  fairness.  It  turns  on  the  arguments  of  the  bimet- 
allists  and  mono-metallists  alike  the  keen  criticism  of  one  who  knows 
the  actual  money  market,  who  realizes  fully  the  present  evils,  but  who 
knows  equally  well  the  diflSculty  in  the  way  of  making  any  radical 
change,  however  good  theoretically,  without  taking  due  account  of 
the  transitory  steps  and  the  possibility  of  preserving  continuity  with 
outstanding  credit  obligations. 

We  have  often  thought  that  a  possible  solution  of  some  of  our 
monetary  troubles  might  be  obtained  if  governments  would  agree  to 
simply  stamp  gold  and  silver  coins  as  to  their  weight  and  fineness 
without  expressing  any  value,  thus  leaving  to  individuals  all  responsi- 
bility in  the  making  of  contracts  for  deviations  between  past  and 
future  values.  M.  L^vy  clearly  states  this  idea  as  that  which  seems 
to  him  to  be  the  most  hopeful  outlook,  but  he  does  not  anticipate  its 
speedy  adoption  owing  to  the  very  diflBculties,  already  alluded  to,  of 
bringing  such  a  scheme  into  harmony  with  present  conditions.  Part 
third,  entitled,  "/<?  change,''  deals  with  the  causes  of  fluctuations  in 

[305] 


158  Annals  of  the  American  Academy. 

exchange  due  to  varying  relations  of  gold,  silver  and  paper  money  in 
a  country,  and  traces  out  the  eflfect  of  such  fluctuations  on  agricul- 
ture, commerce  and  industry.  Part  four,  on  '' le  billet  de  banque,'' 
gives  a  simimary  of  the  laws  and  conditions  that  regulate  banking 
issues  in  all  the  countries  of  Europe,  Asia,  Africa  and  America. 
Much  valuable  information  on  the  organization  of  the  banks  of  issue 
in  European  countries  will  be  found  here,  and  it  is  in  these  last  two 
parts  of  his  book  that  M.  Levy's  practical  experience  has  served  him 
best.  Throughout,  however,  the  fairness,  keenness  and  clearness  of 
his  writing  will  warmly  commend  it. 

To  all  who  wish  to  know  in  a  condensed  way  what  is  the  present 
status  of  the  Austrian  Monetary  Reform,  Professor  Wieser's  lecture, 
delivered  on  January  22,  1894,  before  the  Merchants'  Club  of  Prague, 
now  reprinted  with  some  additional  information,  will  be  very  wel- 
come. Professor  Wieser  has  a  decided  leaning  toward  international 
bimetallism,  but  he  is  first  of  all  a  patriotic  Austrian  who  believes 
that  the  present  reform  must  be  carried  through,  that  Austria  must 
get  gold  enough  to  put  her  on  an  equal  footing  with  other  European 
countries  before  there  can  be  any  question  of  bimetallism.  He  be- 
lieves that  this  can  be  done,  and  that  Austria  will  secure  gold  enough 
to  put  her  in  as  good  a  position  as  other  countries  with  the  exception 
of  England.  He  does  not  deal  with  the  question  of  the  world's  gold 
supply,  which  is  of  secondary  importance  for  Austria  at  present.  His 
explanation  of  the  difl5culties  thus  far  encountered  by  Austria  in 
securing  gold  is  extremely  interesting. 

In  a  double  number  of  the  ^'•Vortrdge  und  Abhandlungen^'"  pub- 
lished by  the  Economic  Society  of  Berlin,  Herr  Heim  gives  us  the 
results  of  further  studies  on  the  condition  and  outlook  of  the  gold 
supply  in  South  Africa.  His  first  studies  and  conclusions  published  in 
the  Zeitschrift  fiir  die  gesamten  Staatswissenschaften  (Vol.  47,  1891, 
PP«  584-598),  will  be  recalled  as  forming  part  of  the  united  attack  of 
Ruhland  and  Heim,  in  opposition  to  the  Suess  theory.  Heim  has  vis- 
ited the  South  African  gold  fields  and  has  good  command  of  all  the 
sources  of  information.  His  use  of  statistics  at  times  does  not  seem  to 
show  the  care  and  accuracy  that  will  guarantee  their  unquestioned 
acceptance.  So  many  of  the  conclusions  in  such  a  piece  of  work  as 
Herr  Heim  has  undertaken  have  to  do  with  mere  speculations  as  to 
future  possibilities,  that  the  bulk  of  the  service  it  is  possible  to  render, 
must  be  to  make  us  more  familiar  with  actual  conditions.  So  much 
interest  and  controversy  centres  at  the  present  moment  in  these  South 
African  gold  fields,  that  all  light  from  that  source  is  welcome  and 
Herr  Heim's  contribution  cannot  fail  to  interest  many  readers.  He 
is  an  optimist,  who  sees  a  bright  future  for  the  gold  cause,  in  the 

[306] 


Essays  on  Questions  op  the  Day.  159 

development  and  opening  up  of  South  Africa  and  tells  us,  that  in  the 
near  future,  South  Africa  alone  will  cause  a  considerable  increase  in 
the  world's  annual  output  of  gold.  S.  M.  Lindsay. 


Essays  on  Questions  of  the  Day^  Political  and  Social.     By  Goi«dwin 
Smith,  D.  C.  L.    Pp.  vii,  360.     Price,  I2.25.    New  York:  Macmillan 
&  Co.,  1893. 
Orations  and  Addresses   of  George    William   Curtis.      Edited  by 
Chari.es  EIvIOT  Norton.     Vol.  I:    On  the  Principles  and  Char- 
acter of  American  Institutions,  and  the  Duties  of  American  Citi- 
zens, 1856-1891.    Pp.  vii,  498.     Vol.  II:  Addresses  and  Reports  on 
the  Reform  of  the  Civil  Service  of  the  United  States.     Pp.  vii,  527. 
Vol.  Ill:   Historical  and  Memorial  Addresses,  with  portrait.     Pp. 
vi,  406.    Price,  I3.50  per  vol.     New  York:  Harper  &  Bro.,  1894. 
The  reader  of  Dr.  Smith's  essays  will  lay  the  volume  down  at  the 
close  in  a  curiously  confused  condition  of  mind.     He  will  feel  as  if  he 
had  been  rapidly  and  rudely  revolved  about  between  the  positive  and 
negative  poles  of  a  powerful  dynamo.     Whether  to  be  angry  at  the 
exasperating  virulence  and  ofltimes  petulance  of  the  author's  criti- 
cisms and  the  inconclusiveness  of  his  observations,  and  astounded  at 
his  suggestion  of  civil  war  as  the  proper  preventive  of  the  achieve- 
ment of  Home  Rule  for  Ireland,  such  as  we  find  in  his  essays  on  "  The 
Political  Crisis  in   England,"  "Woman   Suffrage,"  and  "The  Irish 
^Question; "  or  to  be  filled  with  enthusiastic  admiration  at  his  calm 
ind  comprehensive  treatment,  splendid  in  style  and  cogent  in  argu- 
[ment,  of  other  burning  questions,  as  "Social  and  Industrial  Revolu- 
Ition,"  "The  Question  of  Disestablishment,"  "The  Jewish  Question," 
lAnd  "  The  Empire, "  and  his  strenuous  endeavor  throughout  all  of  these 
[essays  to  state  fairly  the  premises  from  which  he  draws  his  conclusions : 
11  these  things  place  one  in  a  quandary  of  conflicting  judgments  and 
[feelings.     But  the  rapid  alternating  currents,  intellectual  and  emo- 
tional, will  generate  a  good  deal  of  vigorous  thought,  whether  it  be 
understand  and  to  agree  with  or  to  understand  and  to  disprove 
lis  reasonings  and  predictions. 
The  judgment  of  the  reader  concerning  the  volume  will  be  deter- 
[mined  in  most  part  by  his  predilections  respecting  the  attitude  of 
rganized  society  toward  the  social,  political  and  industrial  movements 
[of  our  day.     If  he  "be  a  liberal  of  the  old  school  as  yet  unconverted 
State  socialism  who  looks  for  further  improvement  not  to  an  increase 
|of  the  authority  of  government,  but  to  the  same  agencies,  moral,  in- 
[tellectual  and  economical,  which  have  brought  us  thus  far; "  who 
[expects  gradual  betterment  of  social  condition  and  not  "  regeneration  " 
[of  man,  these  essays  will  body  forth  his  views  most  admirably;  and 

[307] 


i6o  Annai^  of  th^  American  Academy. 

Dr.  Smith  will  have  appeared  to  have  handled  his  facts  fairly  and 
adequately  and  drawn  his  conclusions  rightly.  If,  however,  the  reader 
be  an  enthusiastic  reformer,  anxious  for  and  expecting  great  things 
from  governmental  interference  and  participation  in  the  aflfairs  of 
men,  he  will  be  thought  sadly  lacking  in  sobriety  of  tone,  in  adequacy  of 
treatment,  in  correctness  of  statement  of  representative  facts  and  deduc- 
tions from  them,  and  most  of  all,  in  sympathy  for  the  vSufiFering  millions. 

One  thing  will  be  readily  perceived  in  reading  these  e&says,  and  that 
is  the  very  practical,  matter-of-fact  turn  of  Dr.  Smith's  mind.  He  is 
usually  spoken  of  as  a  brilliant  writer  and  essayist,  and  surely  if  this 
much-abused  adjective  can  be  applied  to  any  living  writer  it  is  appli- 
cable to  him;  but  with  Macaulay  and  writers  of  that  ilk  in  mind,  it  is 
not  usual  to  associate  particular  fondness  for  the  hard,  obstreperous 
facts  of  life  and  great  attention  to  the  significance  of  details  which 
really  characterize  our  profound  students  and  thinkers  who  see  the 
nature  and  bearings  of  their  subjects,  with  brilliancy  of  literary  style. 
Yet  he  is  a  keen  and  painstaking  observer;  and  these  pages  bristle 
with  facts  taken  from  many  years  of  observation  in  England  and 
America  of  the  events  of  the  last  half  century,  or  culled  from  his 
extensive  historical  researches  and  reading. 

In  "Social  and  Industrial  Revolution"  the  objects  of  the  leading 
plans  proposed  by  social  reformers  for  bettering  the  social  and  indus- 
trial condition  of  mankind  are  passed  in  review.  Communism,  Social- 
ism, nationalization  of  land,  strikes,  plans  for  freeing  labor  from 
capital,  as  in  co-operation  and  schemes  for  the  manipulation  of  the 
currency  and  the  banks,  are  briefly  set  forth,  and  their  necessary  limi- 
tations and  general  impracticability  shown  in  a  manner  that  will  con- 
vince the  majority,  if  not  all,  who  read  the  essay.  In  discussing  Land 
Nationalization,  he  asks  a  very  pertinent  question — Why  is  land 
alone  singled  out  for  confiscation?  All  articles  of  commerce,  raw 
materials  especially,  have  been  given  to  us  by  a  beneficent  Deity  and 
are  affected  in  their  value  by  the  shifting  of  population  just  as  much 
as  laud.  Why  not  apply  the  single  tax  to  everything,  or  nationalize 
all  things  and  thus  prevent  the  iniquitous  appropriation  by  the  indi- 
vidual ?  "  Looking  Backward  "  comes  in  for  an  extended  and  search- 
ing criticism,  and  is  left  in  rather  a  bad  plight.  In  a  substantial 
appendix  we  have  the  results  of  his  personal  visit  to  the  Oneida  com- 
munistic society  and  inspection  of  the  practical  workings  of  this 
noted  experiment. 

Upon  the  much  mooted  question  of  the  present,  Woman  Suffrage, 
we  have  the  most  strenuous  opposition  to  their  enfranchisement.  His 
arguments  are  the  time-worn  ones:  man  is  the  stronger  vessel;  the 
deplorable  state  of  affairs  if,  as  of  course  they  will,  husbands  should 

[308] 


Orations  of  George  Wii.i.iam  Curtis.        i6i 


profess  diflferent  political  views  from  their  wives;  the  best  women  and 
the  majority  of  women  do  not  wish  to  exercise  the  right  of  suffrage; 
in  a  word,  it  never  has  been,  ergo,  non  sit.  Dr.  Smith  takes  up  the 
various  arguments  of  Mill's  famous  polemic  and  attempts  to  refute 
them  in  some  detail  with  more  or  less  success.  But  he  fails  notably, 
it  appears  to  us,  in  his  effort  to  show  that  from  the  point  of  view  of 
abstract  right  women  do  not  possess  as  good  a  claim  to  suffrage  as 
men.  To  say  that  many  do  not  want  it  is  no  answer  to  those  who  do 
want  it.  Because  other  people  are  willing  to  be  imposed  upon  or 
deprived  of  their  rights  is  no  reason  or  justification  for  my  being  pre- 
vented from  enjo3ring  my  rights. 

Upon  this  question  it  is  interesting  to  compare  the  views  of  the  late 
Mr.  Curtis,  given  us  in  these  three  handsomely  bound  and  printed 
octavos,  in  which  the  Messrs.  Harper  have  preserved  the  records  of 
the  noble  activity  of  one  who  was  so  long  and  honorably  connected 
with  their  house.  Two  addresses  are  on  "  Fair  Play  for  Women  "  and 
"The  Higher  Education  of  Women."  We  find  unqualified  admis- 
sion of  their  right  to  the  suffrage,  constant  advocacy  of  their  complete 
and  immediate  enfranchisement  and  earnest  pleas  for  their  highest 
education.  Comparing  men  and  women  of  all  sorts  and  conditions, 
point  by  point,  masculine  capacity,  physical,  intellectual  and  moral, 
with  feminine,  contrasting  in  many  ways  the  claims  of  each,  he  shows 
beyond  a  shadow  of  a  doubt  that  women  have  just  as  good  a  right  to 
exercise  and  enjoy  political  prerogatives  and  rights  as  have  their  dom- 
inating brothers. 

In  the  second  volume  of  "Addresses"  we  have  perhaps  the  best 
record  extant  of  the  growth  of  the  movement  for  the  reform  of  the 
Civil  Service  in  this  country,  if  indeed  there  is  a  continuous  record  of 
any  sort  presenting  a  comprehensive  view  of  the  history  of  the 
reform.  It  opens  with  his  address  on  "Civil  Service  Reform"  in  New 
York  City  in  1869  and  closes  with  the  eleventh  address  given  by  him 
as  President  of  the  National  Civil  Service  Reform  League  at  its  meet- 
ing in  Baltimore  in  April  of  1892,  on  "Party  and  Patronage,"  a  few 
months  before  his  death.  (The  note  of  the  editor  to  the  effect  that 
Mr.  Curtis'  health  prevented  his  delivering  the  latter  is  incorrect,  as 
the  writer  had  the  privilege  and  pleasure  of  hearing  him  give  it  viva 
voce.)  Besides  these  there  is  the  report  made  to  President  Grant  in 
December,  1871,  by  the  Civil  Service  Commission,  of  which  Mr.  Curtis 
was  the  chairman,  upon  the  need  of  reform,  the  rules  and  regulations 
for  the  Civil  Service  proposed  by  the  Commission  and  adopted  by  the 
President  together  with  a  second  report  made  in  April,  1872,  sug- 
gesting further  rules  which  were  likewise  adopted.  It  was  this  Com- 
mission which  Congress  in  the  winter  of  1875  ignominiously  refused  to 

[309] 


1 62    Annai^  of  the  American  Academy. 

continue  in  power  by  declining  to  vote  the  requisite  appropriation  for 
its  maintenance;  a  proceeding  which  we  saw  dangerously  near  repeated 
during  the  past  session  of  Congress,  the  House  in  Committee  of  the 
Whole  on  Appropriation  voting  to  strike  out  the  usual  allowance,  but 
the  House  in  Open  Session  restoring  it — both  of  which  were  indicative 
more  of  partisan  pusillanimity  than  of  anything  more  reputable. 

There  is  a  constant,  ever  deepening  and  enduring  inspiration  to  the 
reader  as  he  courses  through  these  records  of  a  life  nobly  given  up  to 
the  arduous  labor  of  promoting  civic  purity  and  uprightness  in  our 
national  aflfairs  and  communal  life.  It  does  not  so  much  matter  that 
these  addresses  do  not  have  a  minuteness  and  an  elaborateness  of 
treatment  befitting  scientific  essays  and  monographs;  or  that  in  some 
of  them,  especially  those  of  his  younger  days,  we  perceive  a  slight 
haziness  and  evasive  generality  in  statement  that  makes  us  feel  that 
he  was  not  quite  sure  of  himself,  that  he  would  not  have  been  able  to 
hold  his  own  against  a  doughty  dialectician;  but  it  does  matter  greatly 
that  as  we  read  we  are  inspired  and  quickened  and  lifted  up  into  "  an 
ampler  ether,  a  diviner  air,"  by  the  splendor  of  the  discourse  and  the 
sincerity  of  the  writer;  that  we  are  shown  by  deeds  and  brave  out- 
spoken words  that  it  is  the  imperative  duty  of  scholarly  men  and 
those  in  high  position  to  enter  actively  into  the  political  life  of  their 
nation  and  community  and  to  give  their  best  toward  promoting  and 
preserving  high  civic  ideals  in  politics  and  public  office,  even  though 
they  may  suffer  **  the  whips  and  scorns  of  time." 

Philadelphia.  FRANK  I.  HERRIOTT. 

Cases  on  Constitutional  Law.    By  James  Bradi^ey  Thayer,  LL.  D. 

Parts  I  and  II.     Pp.  xx,  944.     Price,|6.oo.     Cambridge,  Mass. :  C. 

W.  Sever,  1894. 

Although  this  is  a  work  designed  primarily  for  law  students,  still  it 
is  one  which  deserves  to  find  wide  acceptance  and  use  wherever  the 
constitutional  history  and  constitutional  law  of  the  United  States  are 
taught,  since  its  subject-matter  is  of  fully  as  much  importance  to  the 
student  of  history  as  to  the  student  of  law.  The  treatises  of  Cooley, 
Hare,  Story  and  others  find  here  just  that  supplementary  and  illustra- 
tive material  needed  in  order  to  afiFord  exact  and  complete  knowledge. 
Much,  perhaps  too  much,  stress  is  sometimes  laid  upon  the  study  of 
sources,  but  whatever  may  be  its  limitations  in  other  directions,  it 
certainly  forms  a  very  essential  part  of  the  study  of  American  consti- 
tutional law;  without  a  familiarity  with  the  "  cases,"  one  must  almost 
irily  be  frequently  led  astray.  Nor  will  itsuffice,  as  the  slips  of 
of  the  most  learned  writers  bear  witness,  to  rely  upon  the  head- 
notes  of  reports— the  cases  themselves  must  be  read,  and  read  with 

[310] 


Cases  on  Constitutional  I<aw.  163 

care.  Such  reading  is  an  art  in  itself,  and  expertness  comes  only  with 
long  practice  and  careful  training;  on  this  account  one  cannot  but 
lament  that  Professor  Thayer  has  not  multiplied  the  invaluable  notes 
with  which  he  has  here  and  there  elucidated  some  specially  obscure 
passages  or  unusually  difficult  problems.  For  it  is  sincerely  to  be 
hoped  that  teachers  of  American  history  may  make  extensive  use  of 
this  work,  and  not  all  can  have  enjoyed,  in  their  study,  the  guidance 
of  a  master  of  the  subject. 

The  two  parts  issued,  forming  the  first  of  the  two  volumes  of  the 
■work  when  completed,  deal  first  with  some  preliminary  considerations 
respecting  constitutions,  with  written  constitutions  in  the  United 
States,  and  with  making  and  changing  constitutions,  both  Federal 
and  State;  then  follow  chapters  on  the  jurisdiction  of  the  United 
States,  on  citizenship  and  civil  and  political  rights,  and  on  the  police 
power.  There  are  also  valuable  appendices,  giving  national  and  State 
constitutions,  entire  or  in  part.  The  second  volume  will,  it  may  be 
presumed,  treat,  among  other  things,  of  the  obligation  of  contracts, 
ex  post  facto  legislation,  regulation  of  commerce,  taxation,  money, 
:  bills  of  credit,  eminent  domain,  and  war  and  treaty  powers. 

In  the  more  than  900  large  and  closely  printed  pages  already  pub- 
lished. Professor  Thayer  has  provided  such  an  abundance  of  material 
with  judicious  care  in  selection — a  choice  based  upon  many  years  of 
teaching — that  one  can  do  little  more  than  call  attention  to  the  inesti- 
mable value  of  this  collection  of  cases,  both  to  teachers  and  to 
Students.  There  are  to  be  found  here  not  only  the  leading  cases,  such 
as  Marbury  vs.  Madison,  Fletcher  vs.  Peck,  Gibbons  vs.  Ogden, 
McCulloch  vs.  Maryland,  Texas  vs.  White,  the  Slaughter-house  cases, 
;  the  Civil  Rights  cases,  and  so  on,  but  also  the  less  familiar  and  less 
accessible  cases,  which  until  now  had  to  be  sought  through  hundreds 
of  volumes  of  Federal  and  State  reports. 

The  editor  always  gives  the  language  of  the  judges,  never  attempt- 
ing to  condense  or  summarize,  except  occasionally  in  the  preliminary 
statement  of  facts,  and  all  omissions  are  clearly  indicated.  In  this 
exact  reproduction  of  the  opinions  there  is  one  element  of  danger  for 
the  inexperienced  reader,  in  that  he  may  sometimes  fail  to  discrimi- 
nate between  dictum  and  decision;  but  the  merits  of  the  plan  plainly 
outweigh  any  disadvantages  connected  with  it.  In  conclusion,  atten- 
tion may  be  called  to  the  fact  that  the  subject  is  treated  not  only 
topically,  but  also,  when  possible,  chronologically,  and  is  brought 
down  to  the  present  time,  cases  of  the  year  1894  being  cited.  In  this 
way  the  historical  development  of  judicial  opinion  may  be  easily 
traced.  Charges  F.  A.  Curribr. 

[311] 


NOTES. 


Fbw  recent  monographs  give  evidence  of  more  patient  ransacking 
of  colonial  records  than  does  Dr.  Cortlandt  F.  Bishop's  **  History  of 
Elections  in  the  American  Colonies."  *  In  the  bewildering  chaos  of 
materials  the  writer  brings  order  by  his  logical  arrangement  of  topics. 
Part  I  is  devoted  to  General  Elections;  here  are  found  a  sketch  of  the 
history  of  elections  of  colonial  executives  and  assemblies,  a  discrimi- 
nating accoimt  of  the  varying  qualifications  required  of  the  electors  in 
the  different  colonies,  and  a  description  of  election  methods.  Part  II 
contains  a  similar  discussion  of  I^cal  Elections.  Several  appendices 
are  added,  giving  the  writs,  returns  and  oaths  in  use  at  various  times 
in  the  colonies,  certain  unpublished  statutes  relating  to  elections,  and 
a  list  of  the  authorities  quoted. 

In  assorting  and  condensing  material  from  so  wide  a  field  entire 
freedom  from  inaccurate  or  ambiguous  statement  could  hardly  be 
expected.  Thus  in  the  paragraph  devoted  to  Massachusetts  elections, 
Endicott  is  mentioned  as  "the  first  governor,"  the  context  implying 
that  the  oflBce  to  which  he  was  chosen  in  1629  was  the  one  authorized  by 
the  first  charter,  whereas  it  was  not  until  many  years  later  that  Endi- 
cott became  governor  of  the  colony. 

A  study  of  the  Federal  Constitution  and  of  congressional  legis- 
lation would  give  but  an  inadequate  notion  of  our  present  election 
methods.  So  in  this  monograph  there  is  evidence  here  and  there  (as 
in  the  sections  which  relate  to  the  assistants  in  Massachusetts)  that  the 
history  has  been  written  too  largely  from  the  statute-books,  with  too 
little  regard  to  the  essential  modifications  which  law  underwent  in 
actual  use.  But  in  spite  of  slight  defects  of  this  kind  the  student  will 
find  in  this  book  a  painstaking,  and,  in  the  main,  accurate  summary 
of  an  important  and  hitherto  neglected  chapter  in  American  institu- 
tional history. 


Many  students  of  economics  are  doubtless  familiar  with  the  excel- 
lent reprint  of  Cantillon's  '' Essai  sur  le  Commerce, ''\  which  Harvard 
University  made  some  time  since.     This  discussion  of  riches,  labor, 

^  History  of  Elections  in  the  American  Colonies.  By  Cortlandt  F.  Bishop,  Ph.  D. 
Pp.  397.  Price,  I1.50.  Columbia  College  Studies  in  History,  Economics  and  PubUc 
Law.    Vol.  ni.  No.  I.    New  York,  1893. 

^  Essai  sur  U  Commerce.  R.  Cantillon.  Pp.436.  Price,  $1.50.  Reprinted  for 
lUrrard  UniTersity.    Botton:  George  H.  ElHs,  189a. 

[312] 


Notes.  165 

value,  population,  money,  currency  and  exchange  was  written,  as  the 
editor  of  the  reprint  says,  "between  1730  and  1734  by  Richard  Can- 
tillon,  a  natural -born  British  subject"  The  preface  to  the  reprint 
gives  a  brief  biographical  sketch  of  Cantillon,  and  a  short  list  of  the 
writings  concerning  the  work  of  Cantillon.  The  edition  of  1755  is 
the  one  reprinted.  It  has  been  reproduced  from  the  French  as  far  as 
possible  without  change.  The  binding  and  press  work  are  well 
executed.  The  work  forms  a  useful  addition  to  the  material  avail- 
able to  students  of  economic  theory. 


Mr.  Wii^wam  Epps'  "Land  Systems  of  Australia "*  contains  a 
digest  of  the  changes  in  the  legislation  of  the  several  Australian 
provinces  concerning  the  alienation  and  the  occupation  of  land,  with 
pertinent  statistics.  Large  proportions  of  the  land,  whether  * '  owned  " 
or  '•  occupied,"  are  in  large  estates  which  are  used  for  bonanza  farming, 
or  are  held  for  speculation.  No  province  has  been  able  to  forestall 
speculation.  The  author  is  "appalled"  at  the  statistical  disclosures 
of  the  relative  increase  of  urban  population  even  in  this  virgin  land. 
New  Zealand  has  recently  undertaken  to  limit  the  amount  of  land 
owned  or  occupied  to  two  thousand  acres;  and  the  governor  is  further 
authorized  to  establish  State  farms,  to  which  "the  surplus  workmen 
of  the  town  "  shall  be  drafted.  From  a  perusal  of  the  book,  it  is 
apparent  that  there  are  economic  forces  at  work  in  the  settlement  of 
Australia  which  the  author  does  not  appreciate  at  their  true  worth. 


Persons  desiring  a  brief  sketch  of  English  commercial  history 
will  find  a  recent  book  by  H.  de  B.  Gibbinst  very  readable.  It  is 
written  in  the  form  and  style  of  a  brief  textbook.  The  writings  of 
Bastable  and  Cunningham  have  been  made  use  of  to  good  advantage 
by  the  author.  The  style  of  the  author  is  clear,  the  arrangement 
good,  and  the  material  has  been  chosen  with  discrimination.  A  good 
list  of  authorities,  taken  from  Bastable  article  on  "British  Com- 
merce," in  the  "Dictionary  of  Political  Economy,"  is  inserted  at  the 
end  of  the  book. 


The  friends  of  the  University  of  Wisconsin  have  established  two 
scholarships  that  enable  the  students  holding  them  to  do  charitable 
work  during  the  simimer  in  Cincinnati  and  vicinity.    The  work  is 

*  Land  Systems  in  Australia.  By  William  Epps.  Pp.  184.  Price,  $1.00. 
London:  Swan,  Sonnenschein  &  Co.  New  York:  Imported  by  C.  Scribner's  Sons, 
1894. 

^British  Commerce  and  Colonies  from  Elizabeth  to  Victoria.  By  H.  DB  B.  Ol»- 
BINS,  M.  A.    Pp.  136.    Price,  is.  6d.    London:  Methuen  &  Co.,  1893. 

[313] 


x66  Annals  of  the  American  Academy. 

done  under  the  direction  of  Dr.  P.  W.  Ayres,  General  Secretary  of  the 
Associated  Charities  of  Cincinnati.  As  stated  by  Professor  Ely,  of  the 
University  of  Wisconsin,  the  plan  is  to  do  work,  "first,  in  the  homes 
of  certain  portions-of  the  city;  second,  in  various  municipal  offices  to 
which  the  Associated  Charities  has  access;  third,  in  various  public  and 
private  institutions  in  Cincinnati  and  the  neighboring  cities."  The 
two  scholars  appointed  from  the  University  of  Wisconsin  this  year 
were  Henry  S.  Yonker  and  George  S.  Wilson,  of  the  Class  of  1894. 


The  eighth  session  of  the  International  Congress  of  Hygiene  and 
Demography  will  be  held  at  Budapesth  September  1-9.  The  following 
comprehensive  list  of  subjects  has  been  selected  for  discussion  : 

Hygiene:  I.  Section:  The  Aetiology  of  Infectious  Diseases  (Bac- 
teriology).— II.  Section:  The  Prophilaxis  of  Epidemics. — III.  Section: 
The  Hygiene  of  the  Tropics.— IV.  Section:  The  Hygiene  of  Trades 
and  Agriculture. — V.  Section:  The  Hygiene  of  Children. — VI.  Section: 
The  Hygiene  of  Schools.— VII.  Section:  Articles  of  Food.— VIII.  Sec- 
tion: The  Hygiene  of  Towns. — IX.  Section:  The  Hygiene  of  Public 
Buildings.— X.  Section:  The  Hygiene  of  Dwellings. — XI.  Section: 
The  Hygiene  of  Communications  (Railroads  and  Navigation). — XII. 
Section:  Military  Hygiene.— XIII.  Section:  Saving  of  Life. — XIV. 
Section:  State  Hygiene. — XV.  Section:  The  Hygiene  of  Sport  (Inure- 
ment and  Care  of  the  Body).— XVI.  Section:  The  Hygiene  of  Baths.— 
XVII.  Section:  Veterinary.— XVIII.  Section:  Pharmacology.— XIX. 
Section  :  General  Samaritan  Affairs. 

Demography:  I.  Section:  Historical  Demography. — II.  Section: 
General  Demography  and  Anthropometry. — III.  Section:  The  Technic 
of  Demography. — IV.  Section:  The  Demography  of  the  Agricultural 
Classes.— V.  Section:  The  Industrial  Laborers  from  the  Demographic 
Point  of  View.— VI.  Section:  The  Demography  of  Towns.— VII.  Sec- 
tion: The  Statistics  of  Bodily  and  Mental  Defects. 

Up  to  June  15th  718  papers  had  been  promised.  In  connection  with 
the  Congress,  there  will  be  an  exhibition  for  the  purpose  of  illustrating 
the  questions  discussed,  and  showing  the  progress  made  in  practical 
sanitation,  etc.  Provision  is  made  for  the  entertainment  of  women 
attending  the  conference.  The  general  secretary  is  Professor  Dr. 
Coloman  M tiller. 


I 


MACMII.LAN  &  Co.  have  brought  out  an  elementary  textbook  on 
"Commercial  Law."*  Mr.  Munro,  the  author,  is  "of  the  Middle 
Temple,  Barrister-at-Law,  formerly  Professor  of  Law  in  the  Owens 
•  Commercial  Law.  An  elementary  textbook  for  commercial  classes.  By  J.  E. 
C  MuNKo.  LI*.  D.  Pp.  viii,  191.  Price,  31.  6<f.  London  and  New  York:  Mac- 
milUn  &  Ca,  1893. 

[314] 


Notes.  167 

College,  Manchester.  He  has  written  *•  to  provide  an  elementary  text- 
book on  commercial  law,  for  schools  and  colleges. ' '  The  work  will 
doubtless  prove  useful  to  English  students;  but,  inasmuch  as  the  dis- 
cussion is  only  of  English  commercial  law,  Americans  will  find  the 
book  serviceable  only  to  a  limited  extent.  A  textbook  of  like  char- 
acter, written  for  Americans,  would  be  a  useful  work. 


Mr.  Burton  Wii,i.is  Potter  has  brought  out  a  third  and  enlarged 
edition  of  **The  Road  and  the  Roadside."*  It  is  popular  in  style, 
written  for  the  double  purpose  of  awakening  an  interest  in  better 
roads  and  of  giving  information  concerning  the  laws  pertaining  to 
Massachusetts  highways.  Mr.  Potter's  legal  training  qualified  him 
well  for  the  second  purpose,  and  that  part  of  the  work  has  much 
merit.  Less  can  be  said  in  favor  of  the  other  portions  of  the  book, 
though  they  may  possibly  do  something  to  awaken  a  popular  interest 
in  the  subjects  discussed.  The  appearance  of  a  third  edition,  seven 
years  after  the  first  one,  is  evidence  that  this  is  the  case. 


IT  IS  THE  INTENTION  of  Dr.  C.  W.  Macfarlane,  author  of  a  recent 
monograph, t  to  write  a  **  History  of  the  General  Doctrine  of  Rent  " 
that  shall  include  a  review  of  the  contributions  to  the  subject  by  the 
English,  French  and  German  economics.  The  present  monograph 
will  form  a  part  of  that  more  comprehensive  work.  In  this  disserta- 
tion upon  the  contribution  to  the  doctrine  by  German  economists,  the 
author  considers  the  works  of  Hufeland,  Kraus,  Liider,  Jacob,  Rau, 
Nebenius,  Hermann,  Schon,  Riedel,  Schiiz,  Eiselen,  Mangoldt  and 
Schaffle.  He  develops  the  subject  by  determining  whether  these 
writers  extend  the  law  of  rent  to  land,  labor,  capital  and  the  under- 
taker. In  the  case  of  land,  he  ascertains  whether,  in  applying  the 
law,  the  following  Ricardian  concepts  are  recognized:  Difierence  in 
fertility,  distance  from  market,  law  of  increasing  return,  law  of 
diminishing  return,  price  determined  by  greatest  cost,  and  rent  deter- 
mined by  price.  Some  of  the  results  of  his  study  may  be  briefly 
stated  as  follows:  The  rent  of  capital  is  formally  recognized  by 
Hufeland,  1807;  and  by  Rau,  1826;  it  is  actually  recognized  by  Her- 
mann, 1832;  and  it  is  both  formally  and  actually  recognized  by  Man- 
goldt, 1855.  The  rent  of  labor  and  the  rent  of  the  undertaker  are 
both  formally  and  actually  recognized  by  Hufeland  and  by  Mangoldt. 

*  The  Road  and  the  Roadside.  By  Burton  Willis  Potter,  M.  A  Third  edition, 
revised  and  enlarged.  Pp.  xix,  250.  Price,  $1.50.  Boston:  Uttle,  Brown  &  Co., 
1893. 

t  The  History  of  the  General  Doctrine  of  Rent  in  German  Economics,  By  C.  W. 
Macfarlane,  C.  E.    Pp.  61.    Leipzig:  Gustav  Pock,  1893. 

[315] 


1 68  Annals  of  thk  American  Academy. 

Even  before  Hufeland,  the  functions  and  qualifications  of  the  under- 
taker were  more  or  less  clearly  stated.  In  the  application  of  the 
doctrine  of  rent  to  land,  "we  find  in  Hufeland  a  clear  and  explicit 
statement  of  all  the  Ricardian  propositions,  except  the  law  of  diminish- 
ing return;  this,  however,  seems  to  have  been  quite  frequently  lost 
sight  of  in  German,  as  well  as  in  English  economics,"  p.  57.  A  complete 
acceptance  of  the  Ricardian  doctrine  is  found  in  Ran,  1826.  As  a 
whole,  the  work  is  characterized  by  great  painstaking  and  judicious 
criticism.  There  are,  however,  a  few  matters  to  which  exceptions 
may  be  taken.  Hufeland's  contribution  to  the  doctrine  of  land  rent 
is  overestimated.  The  author  writes  of  Hufeland:  "He  parallels 
Ricardo  (1815)  in  almost  all  his  fundamental  propositions.  They  are, 
perhaps,  not  quite  so  clearly  stated  as  at  the  hands  of  the  great  Eng- 
glishman,  yet  clear  enough  to  leave  no  doubt  as  to  his  complete  grasp 
of  the  question,"  p.  12.  Now  it  is  interesting  to  note  that  every  one 
of  the  Ricardian  concepts  which  the  author  finds  expressed  in  Hufe- 
land is  taken  by  Hufeland  from  Adam  Smith.  Although  President 
Walker  shows  that  the  return  of  the  entrepreneur  follows  the  same 
law  as  the  rent  of  land,  the  author  claims  that  "  he  has  failed  to  reach 
that  generality  of  concept  found  among  those  German  economists  who 
have  contributed  materially  to  the  discussion,  for,  unlike  them,  he 
does  not  call  this  return — which  admittedly  follows  the  law  of  rent — 
the  rent  of  the  entrepreneur,  but  the  profit  of  the  entrepreneur,"  p.  9. 
But  the  mere  fact  that  President  Walker  calls  the  return  of  the 
entrepreneur  profit,  and  not  rent,  does  not  prove  that  he  has  failed  to 
reach  the  generality  of  concept.  Ran,  Roscher  and  Mithoff,  writing 
subsequently  to  Mangoldt  anrl  SchafHo,  uct2  the  treatment  of  the  rent 
doctrine  by  those  economists,  and  yet  refuse  to  accept  their  nomen- 
clature. 


[316] 


NOV.  1894. 

ANNALS 

OF  THE 

AMERICAN  ACADEMY 

OF 

POLITICAL  AND  SOCIAL  SCIENCE. 


WHY    HAD    ROSCHER    SO    LITTLE    INFLUENCE 
IN   ENGLAND? 

In  his  interesting  address  to  the  Economic  Section  of 
the  British  Association,  Professor  Bastable*  called  attention 
to  the  fact  that  none  of  Roscher's  works  had  been  published 
in  England,  and  that  several  of  his  best  books  were  not 
available  for  the  English  reader.  Even  the  excellent  mono- 
graph which  has  done  so  much  to  revive  interest  in  the  Eng- 
lish economic  literature  of  the  seventeenth  and  eighteenth  cen- 
turies is  still  hidden  in  the  transactions  of  the  Saxony  Royal 
Society.!  Individual  English  students  have,  of  course,  been 
familiar  with  his  work,  and  Lord  Acton  has  shown  how 
highly  it  is  appreciated  by  an  excellent  judge,!  but  the  Eng- 
lish public  have  been  untouched  by  it  altogether.  In  Ger- 
many, on  the  other  hand,  a  veritable  revolution  has  taken 
place  in  economic  studies  during  the  last  fifty  years;  and  Dr. 
Brentano,  in  an  interesting  obituary  notice,§  has  described  it 
as  being  chiefly  due  to  the  influence  of  William  Roscher.  In 

*  Address  to  Section  F.    Oxford,  1894. 

t  "  Zur  Geschichte  der  Eng.  Volkswirthschaflslehre"  1857. 

\  English  Historical  Review,  vol.  i,  p.  39. 

I  Berlin  National  Zeitung,  June  12,  1894.    La  R\forma  Sociale,  vol.  i,  p.  840. 

[3'7] 


2      Annai^  of  the  American  Academy. 

1842,  when  his  ^'Grufidfiss''  was  published,  the  dogmatism 
of  Ricardo  was  paramount  in  Germany  as  well  as  in  Eng- 
land; but,  as  Dr.  Brentano  points  out,  this  doctrine  was  not 
a  system  of  national  or  political  economy,  properly  so  called, 
but  a  mere  chrematistic  dealing  with  the  wealth  of  individ- 
uals. It  rested  on  the  hypothesis  of  free  competition  among 
individuals.  Roscher  was  keenly  alive  to  its  defects,  and 
discarding  the  study  of  the  mere  mechanism  of  competing 
individuals,  he  devoted  himself  to  the  much  more  important 
question  as  to  the  development  of  the  industrial  life  of 
nations.  Though  Dr.  Brentano  may  perhaps  have  exagger- 
ated his  personal  part  in  the  change,  he  is  at  least  typical  of 
the  spirit  of  his  time  in  Germany,  a  revolution  has  taken 
place  there  in  the  whole  conception  and  character  of  eco- 
nomic study:  it  has  come  to  be  concerned  with  the  observa- 
tion and  study  of  the  actual  economic  conditions  of  society 
in  the  past  and  in  the  present;  not  merely  with  the  formu- 
lating of  hypothetical  principles,  which  the  sciolist  was  only 
too  apt  to  convert  into  ready  made  receipts  for  removing  any 
of  the  ills  of  social  life.  It  is  not  a  little  remarkable  that 
while  this  revolution  has  taken  place  in  Germany  and  to 
some  extent  in  America,  England  should  have  been  almost 
untouched  by  it.  There  is  frequent  communication  between 
all  the  centres  of  educated  thought  in  Europe;  an  advance 
in  physical  and  biological  science  in  one  country  is  rapidly 
disseminated  in  others.  The  comparative  isolation  of  Eng- 
lish Political  Economy  during  the  last  fifty  years  is,  under 
the  circumstances,  not  a  little  remarkable;  the  ordinary  con- 
ception of  political  economy  in  England  has  been  practically 
unaffected  by  a  change  which  has  already  revolutionized  the 
whole  study  in  Germany. 

The  same  decade,  in  which  Roscher' s  first  work  was 
published  in  Germany,  was  a  marked  epoch  in  the  history 
of  English  economics,  for  John  Stuart  Mill's  **  Principles  of 
Political  Economy"  appeared  in  1848.  It  rapidly  secured 
the  position  of  a  classical  work  on  the  subject.     The  style 

[318] 


RoSCHKR'S   INFI.UENCB  IN   ENGLAND.  3 

was  forcible,  and  the  book  seemed  to  gather  together  into  a 
complete  and  systematic  whole  the  various  contributions, 
which  had  been  made  by  Malthus,  Ricardo,  Wakefield  and 
others  to  the  subject  as  treated  by  Adam  Smith.  Subse- 
quent criticism  has  revealed  the  fact  that  the  work  is  not  so 
systematic,  and  the  style  not  so  perspicuous  as  it  appears; 
but  it  is  hardly  possible  to  exaggerate  the  influence  which 
the  book  long  continued  to  exercise  on  rising  generations. 
It  has  made  a  deep  mark  on  subsequent  treatises.  Professor 
Sidgwick  seems  to  have  set  out  with  the  intention  of  making 
some  corrections  in  Mill,  and  bringing  his  treatise  down  to 
date,  and  Professor  Nicholson's  more  recent  work  follows  on 
the  same  lines  more  closely.  It  would  be  hard  to  find  a 
more  striking  proof  of  the  influence  exercised  by  this  great 
book. 

But,  curiously  enough,  it  turned  the  attention  of  economists 
in  this  country  into  directions  which  were  quite  difi*erent  from 
those  of  the  new  departure  in  Germany.  The  Germans  began 
to  devote  themselves  to  the  past,  and  thus  opened  up  a  field 
for  discriminating  observ^ation  and  accumulation  of  facts. 
Mill  took  no  pains  about  the  past,  and  comparatively  little 
with  the  details  of  contemporary  experience.  His  eyes 
were  fixed  on  the  time  to  come;  he  pointed  cheerfully  to- 
ward a  stationary  state,  and  the  most  striking  chapter  of 
all  is  taken  up  with  speculations  on  the  probable  future  of 
the  working  classes.  So  far  as  its  matter  is  concerned,  the 
work  did  not  stimulate  to  observation  and  research.  Nor 
did  the  character  of  the  science  as  treated  by  Mill  undergo 
any  decided  change:  he  regards  it  as  a  hypothetical  science, 
which  assumes  the  existence  of  firee  competition;  it  is,  on 
his  view,  only  on  this  assumption  that  it  is  worthy  of  the 
name  of  science  at  all.  Hence,  he  continued  to  deal  with 
the  mechanics  of  competing  individuals,  and  to  speak  as  if 
the  larger  questions  of  social  development  lay  outside  the 
domain  of  science,  and  were  not  susceptible  of  systematic 
treatment.    Both  from  the  form  of  the  science  as  expoimded 

[319] 


4  Annals  of  the  American  Academy. 

by  Mill,  and  from  the  topics  on  which  he  exerted  his  best 
strength,  the  attention  of  English  economists  was  effectually- 
diverted  from  those  fields  of  study  which  were  attracting 
German  students  more  and  more. 

Even  when  an  indefatigable  economist  arose  who  de- 
voted his  unfailing  energy  to  the  investigation  of  the  indus- 
trial life  of  the  past,  he  commenced  and  planned  his  work 
under  the  old  influence;  and  though  Professor  Thorold 
Rogers  modified  his  attitude  in  many  respects,*  the  classical 
political  economy  determined  the  main  lines  of  his  work. 
He  practically  confined  himself  to  a  particular  line  of  in- 
vestigation— the  bargains  of  individuals  as  exhibited  in  the 
records  of  prices.  He  did  not  set  himself  to  examine  the 
available  evidence  as  to  the  general  conditions  of  industrial 
life  in  different  ages;  and  the  records  of  the  prices  at  which 
individuals  made  their  bargains — however  wide  is  the  area 
from  which  they  are  drawn — offer  but  an  unsubstantial  basis 
for  reconstructing  the  whole  social  edifice.  The  mechanics 
of  competing  individualism,  in  so  far  as  it  could  be  traced  in 
the  past,  was  the  subject  on  which  he  concentrated  his 
power  of  unwearied  research.  Hence,  the  study  of  economic 
history  as  carried  on  by  Professor  Rogers,  with  all  its  merits, 
had  but  little  effect  in  modifying  the  conception  current 
in  England  of  the  scope  and  subject-matter  of  political 
economy. 

But  the  main  advance  in  England,  since  the  publica- 
tion of  Mill's  classical  work,  has  been  in  the  development 
of  economic  theory.  Jevons  introduced  some  modifications, 
which  created  great  interest  among  students  and  seemed  to 
do  away  with  the  limitations  imposed  by  Mill.  He  laid 
stress  on  utility^  as  the  determining  element  in  value;  the 
degrees  of  utility  were  susceptible  of  measurement,  and 
could  be  represented  as  quantities;  so  that  mathematical 
methods  of  treatment  could  be  applied  to  all  the  problems 
of  economic  science.      This  mode  of  treatment  has  been 

•Ashley,  in  Ibtiticat  Scienu  Quarterly,  vol.  iv,  p.  383.   September,  1889. 

[320] 


Roscher's  Influence  in  England.  5 

admirable  from  many  points  of  view — both  for  purposes  of 
exposition  to  advanced  students,  and  of  investigation.  For 
purposes  of  exposition  it  was  possible  to  use  a  graphic 
method  of  illustration  of  the  course  of  prices  under  different 
circumstances,  and  this  method  of  illustration  was  often 
clear  and  effective  for  students  who  had  had  some  mathe- 
matical training.  For  purposes  of  investigation  it  was  also 
useful,  as  it  was  possible  to  see  whether  all  possible  cases 
had  been  taken  into  account  in  any  investigation,  so  that  it 
gave  a  means  of  dealing  exhaustively  with  *a  given  topic. 
Besides  these  real  advantages,  it  had  also  an  apparent  ad- 
vantage; economists  no  longer  found  it  necessary  to  assume 
free  competition.  Final  utility  or  disutility^  the  marginal 
quanta  of  pleasures  and  pains,  exist  under  all  conditions, 
whether  there  is  competition  or  not;  they  arise  in  connection 
with  all  sorts  of  circumstances,  spiritual,  intellectual,  and 
moral,  as  well  as  material.  Hence,  it  appeared  that,  by  the 
introduction  of  this  method  of  reasoning,  the  whole  scope 
of  the  study  was  enlarged;  that  instead  of  dealing  scientifi- 
cally with  material  wealth  under  the  conditions  of  free 
competition,  and  with  that  alone,  economic  science  could 
henceforward  treat  accurately  and  exhaustively  sociological 
problems  of  all  sorts  and  in  all  times,  by  taking  the  money 
measurement  of  quanta  of  utility  or  disutility. 

Both  on  account  of  its  real  and  of  its  apparent  advantages, 
this  method  of  treatment  came  rapidly  into  fashion  in  this 
country.  Fashion  in  academic  matters  is  a  curious  subject 
which  demands  a  special  study ;  it  may  exert  an  extra- 
ordinary influence  even  on  traditional  and  highly  organized 
methods  of  instruction,. as  we  have  seen  in  recent  variations 
in  the  pronunciation  of  Latin  and  Greek.  In  subjects 
which  are  less  deeply  rooted  in  our  educational  system,  it  is 
still  more  potent.  The  special  proclivities  of  one  distin- 
guished and  enthusiastic  teacher  may  readily  affect  the 
character  of  the  whole  of  the  economical  teaching  in  the 
country.     But  the  influence  of  fashion  is  also  powerfully 

[321] 


6     Annai3  of  the  American  Academy. 

exerted  by  means  of  Civil  Service  and  other  written  exami- 
nations, examiners  like  to  find  how  far  the  reading  of 
candidates  is  up  to  date,  and  are  particularly  apt  to  set 
novelties  ;  while  those  who  prepare  candidates  for  examina- 
tions follow  the  slightest  hint  as  to  the  kind  of  question  that 
examiners  are  likely  to  set.  It  was  not  surprising,  when 
Professor  Marshall  recast  the  greater  part  of  political 
economy,  by  restating  the  principles  in  his  "  Economics  of 
Industry"  according  to  the  new  lights,  that  the  teaching 
and  examining  in  many  parts  of  England  should  be  rapidly 
remodeled  on  the  lines  he  adopted. 

While  the  freshness  and  advantage  of  the  Jevonian 
analysis  may  be  fully  recognized,  so  far  as  the  advanced 
student  and  investigator  are  concerned,  there  is  at  least 
room  for  the  question  whether  it  offers  the  best  means  of 
expounding  the  subject  to  beginners.  Its  chief  advantage, 
that  of  exhausting  the  possible  cases,  is  not  required  by 
beginners  ;  nor  is  the  graphic  method  of  delineation  a  help 
to  all  classes  of  learners ;  the  difficulty  of  understanding 
the  figiu-e  may  be  so  great  that  the  learner  has  no  intelligence 
to  spare  for  grasping  the  principle  it  exhibits.  It  is  not  clear 
that  the  new-fashioned  method  of  exposition  was  really 
advantageous,  so  far  as  the  public  are  concerned.  However 
much  the  new-fashioned  treatment  may  suit  the  advanced 
student,  it  is  not  convenient  for  dealing  with  beginners,  or 
for  expounding  the  results  of  economic  investigation  to  the 
general  public.  Political  economy,  in  its  new  form,  con- 
tinued to  decline  in  popular  favor,  while  the  terminology 
and  reasoning  of  experts  was  less  easily  adapted  to  the 
experience  of  actual  life.  But  this  inconvenience  in  the  new 
treatment  was  really  due  to  a  deeper  objection ;  it  was  so 
difficult  for  the  student  to  be  clear  how  far  an  argument, 
expressed  in  the  new-fashioned  terminology,  referred  to  actual 
life  in  a  definite  place  or  time,  or  only  to  hypothetical  condi- 
tions. In  its  old  form,  it  was  clear  that  economic  doctrine 
was  only  true  on  the  hypothesis  of  free  competition — that  it 

[322] 


Roscher's  Influence  in  England.  7 

described  what  tends  to  happen  to  modem  societies.  It  was 
obvious  that  in  many  commimities,  both  past  and  present,  it 
did  not  apply  at  all,  that  in  others  it  was  only  partially  true, 
and  that  other  forces  had  to  be  taken  into  account.  In  its 
new-fashioned  form,  economic  analysis  could  be  applied  to 
any  place  or  time,  and  could  take  account  of  any  measurable 
motive ;  but  it  gives  no  guidance  to  show  for  what  particular 
place  or  time  any  given  result  is  true  or  untrue.  We  find 
out  a  great  deal  that  might  conceivably  occur  at  all  times, 
but  we  have  no  means  of  finding  out  whether  there  ever  was 
any  time  and  place  for  which  it  actually  holds  good.  Politi- 
cal economy  in  its  new-fashioned  form  gets  beyond  the  old 
limitations,  but  only  by  becoming  more  and  more  of  a  formal 
science,  the  relations  of  which  with  actual  life  are  more 
vague  and  indefinite  than  ever. 

A  little  consideration  will  serve  to  bring  out  how  deeply 
this  defect  is  seated  in  the  new-fashioned  economic  science. 

It  deals  with  quanta  of  utility  and  disutility,  measur- 
able motives,  and  therefore  with  the  individual^  who  is  sus 
ceptible  to  pleasure  and  pain.  It  is  still  concerned  with  the 
play  of  mechanical  forces,  but  it  deals  with  them  as  they 
occur,  not  between  individuals  who  compete  with  on 
another,  but  within  the  individual  mind. 

Professor  Flux  describes  the  Jevons'  economics  as  contend- 
ing * '  that  value  is  essentially  subjective,  and  that  to  express  it 
we  compare  it  simply  with  another  subjective  impression,  viz. , 
that  of  the  degree  of  satisfaction  anticipated  from  the  expen- 
diture of  a  sum  of  money."*  But  such  measuring  of  indi- 
vidual motives  leads  us  to  a  sphere  in  which  accurate 
observation  is  proverbially  difficult.  There  is  no  matter  in 
which  men  may  more  often  err  than  in  mistaking  the  motives 
that  actuate  their  neighbors;  there  is  no  matter  in  which 
anyone  may  more  readily  deceive  himself.  Attention  is 
entirely  diverted  by  this  mode  of  a  treatment  to  a  field  of 
investigation  where  there  can  be  no  accurate  observation 

♦  Economic  Journal,  vol.  i,  p.  340. 

[323] 


ii 


8  Annals  of  the  American  Academy. 

and  no  verification,  and  where  it  is  impossible  to  prove  that 
the  conclusions  are  right  in  any  single  instance.  Under 
these  circumstances  the  appearance  of  precision  and  accurate 
quantitative  statement  is  merely  misleading. 

Professor  Nicholson  has  pointed  out  how  greatly  these 
difficulties  are  increased,  when  we  deal  with  society  gener- 
erally,  from  the  fact  that  one  individual  differs  from  another. 
Men  all  feel  pleasure  and  pain,  but  they  feel  them  in  differ- 
ent waj-s.  One  man's  pleasure  is  another  man's  pain.  This 
holds  good  of  the  commonest  economic  relationships,  some 
men  are  careless  about  money — careless  about  getting  it  and 
reckless  in  spending  it — while  others  are  keenly  susceptible 
to  the  utility  both  of  getting  it  and  keeping  it.  We  can  only 
hope,  on  the  new  principles,  to  reach  what  is  generally  true 
of  any  given  period  and  area  by  taking  the  "average  "  man 
of  that  time  and  country;  and  this  seems  to  Professor  Edge- 
worth  a  solution  of  the  difficulty.*  But  who  is  to  strike  the 
average  ?  The  *  *  economic  man  ' '  of  the  Manchester  school 
who  acted  from  purely  self-interested  motives  was  an  intel- 
ligible being,  he  might  be  disagreeable  and  one-sided,  but 
still  he  was  a  type  that  was  more  or  less  exemplified  in  actual 
life;  we  knew  what  we  were  talking  about,  when  he  was 
used  as  a  concrete  illustration  of  a  tendency.  But  who  and 
what  is  the  average  man?  Is  it  the  average  of  certain 
classes,  or  the  average  of  the  whole  country  ?  What  are  the 
aspirations  and  pleasures  of  the  average  Englishman  to-day? 
How  do  they  differ  from  those  of  the  average  Scotchman, 
Irishman  and  Welshman,  not  to  mention  the  average  Jew 
and  the  average  destitute  alien  ?  Human  nature  undoubt- 
edly is  much  the  same  all  the  world  over;  but  unfortunately 
all  economic  problems  bring  out  the  fact  that  there  are  differ- 
ences in  human  beings;  and  we  cannot  get  much  satisfaction 
out  of  a  method  of  measuring  these  real  differences,  which 
begins  by  striking  an  average  among  some  of  them.  Pro- 
fessor Edgeworth  actually  admits  that  money,  in  the  new 

*  Bamomic  Journal,  vol.  iv,  p  154. 

[324] 


ROSCHER'S   INFI.UKNCE   IN   ENGI.AND.  9 

phraseology,  can  only  be  used  to  mean  pleasure  with  refer- 
ence either  to  an  individual,  or  "to  a  group  of  persons 
among  whom,  rich  and  poor,  sensitive  and  phlegmatic 
natures  are  distributed  in  normal  proportions."*  But  what 
are  normal  proportions?  Was  there  ever  such  a  group? 
How  do  you  know  it  when  you  come  across  it  ?  Is  it  not  a 
(mere  symbol,  with  which  nothing  in  the  world  of  fact  can  be 
indentified  ? 

The  attempt  to  measure  the  play  of  motive  forces  in  the 
average  Briton  at  present,  takes  us  far  away  from  actual 
life;  the  unrealitj^  of  the  whole  becomes  more  obvious  if  we 
turn  our  attention  to  the  past,  and  to  the  genesis  of  the  social 
conditions  under  which  we  live.  For  what  period  in  time 
do  we  strike  our  average  ?  For  the  last  three  years,  or  the 
last  ten  years,  or  a  centur>',  or  more  ?  Changes  in  habit  and 
expectation  are  going  on  very  rapidly  at  present.  The  awak- 
ening of  conscious  dissatisfaction  in  regard  to  physical  con- 
ditions, which  our  forefathers  accepted  as  inevitable,  is 
readjusting  all  the  utilities  and  disutilities  of  artisan  life. 
Yet  economists  draw  curves  of  rates  of  wages  for  "long 
periods"  either  on  the  assumption  that  the  average  man 
remains  unchanged  in  some  unspecified  long  period,  or  that 
the  rate  at  which  the  average  man  changes  can  be  definitely 
taken  into  account.  The  train  of  reasoning  may  be  ingeni- 
ous enough,  it  may  lead,  as  has  been  triumphantly  claimed, 
to  "results  that  are  not  only  new,  but  even  paradoxical," 
but  it  is  merely  grotesque  in  its  hopeless  unreality. 

Yet  the  fact  that  this  mode  of  reasoning  was  suscepti- 
ble of  universal  applicability  has  given  it  a  certain  fascina- 
tion which  has  blinded  its  adherents  to  its  merely  formal 
character;  it  has  prevented  them  from  attempting  to  imitate 
the  careful  observation  of  facts  both  in  the  past  and  the 
present,  and  limited  generalization  from  them,  which  has 
brought  about  progress  in  other  sciences,  and  which  has  been 
the  accepted  method  of  study  by  the  realistic  or  historical 

*  Economic  Journal,  vol.  iv,  p.  154, 

[325] 


lO  AXNAUS   OF   THK    AMERICAN    ACADEMY. 

<4.ho<»l  of  German  economists  for  a  generation  or  more. 
( )\vin:^  to  its  universal  form  the  new  "economic  organon"  of 
rect-nl  theor>-  is  a]>plica])le  ever>-\vhere,  and  it  appears  easy 
enuui^h  with  its  aid  to  take  history  into  account.  It  is  easy 
to  ;^'()  to  the  history-  of  some  place  or  other  for  a  haphazard 
illustration,  t\  .<,'-.,  of  the  misuse  of  a  monopoly,  like  the 
I)ulch  j-iractice  of  destroying  spices.  Since  the  new-fash- 
ione<l  I*jii;lisli  economist  deals  with  average  man,  and  is  sat- 
iNfu-d  witli  a  roui^h  guess  as  to  the  motives  of  the  average 
man  to-day,  a  few  superficial  generalizations  sen^e  to  depict 
the  average  Greek  and  the  average  Roman,  or  the  average 
inhabitant  of  a  mediaeval  city.  It  is  needless  to  obser\"e 
tliat  to  draw  a  delineation  of  the  characters  and  aims  of 
men  is  not  easy;  but  it  seems  possible  to  do  it  well  enough 
for  the  purpose  in  hand.  Hence,  while  an  English  econo- 
mist, like  Mill,  turned  from  the  history  of  the  past  before 
the  a^es  of  competition  as  unsusceptible  of  scientific  treat- 
ment, the  more  recent  ICnglish  economist  likes  to  make  ref- 
erences to  history  and  airy  remarks  about  history.  Mr.  Price 
seems  to  think  that  in  this  way  the  results  of  the  work  of 
the  liistorical  school  can  be  incorporated  into  the  main  body 
of  economic  tradition.*  The  student  who  takes  a  serious 
intere-t  in  trying  to  understand  the  actual  course  of  affairs 
in  llie  ]\'ist,  will  hardly  \)q  content  with  the  position  assigned 
Inm:  ])Ut  after  all  theorists,  who  are  satisfied  with  doctrines 
that  are  curiously  unreal  for  the  present  day,  can  hardly  be 
ev;]Rri«(l  to  take  nnich  pains  to  be  true  to  life  in  their  ex- 
]i!:inntio!is  of  the  past.  But  as  they  can  deal  with  the  whole 
tau-^i^v  f.f  human  existence  in  the  unreal  fashion  that  satisfies 
tlirinsclves.  they  are  apt  to  wear  an  air  of  omniscience  which 
innv  mislead  their  readers,  even  when  they  are  personally 
("Unions  of  iIk-  limitations  of  their  own  knowledge.  The 
inisnppr'.heiivion  is  encouraged,  however,  by  occasional  ex- 
prcssimis  which  such  writers  permit  themselves;  they  some- 
times dis])araKc  the  lal)or  which  Germans  bestow  in  the  hope 

•  I. OIL  «nj.  J.^utnal,  vol  .  ii,  ;>.  25. 


RoscHER's  Influence  in  England.  ii 

of  finding  out  what  the  English  writers  seem  to  think  they 
already  know.  To  this  I  shall  presently  return,  it  is  enough 
to  notice  that  the  modem  developments  of  economic  theory 
in  England  have  fostered  a  habit  of  mind  which  is  altogether 
alien  from  that  of  the  students  who  have  been  carrying  out 
a  revolution  in  economic  science  in  other  lands. 

Those  who  choose  to  refuse  to  conform  to  the  reigning 
fashion  in  the  commtmity  in  which  they  live,  must  expect  to 
be  ostracized,  and  the  tyranny  of  intellectual  fashions  is  even 
more  supercilious  than  that  of  Bond  Street  and  Savile  Row. 
Anyone  who  has  refused  to  follow  the  economic  fashion  of 
recent  years  in  England  must  have  been  greatly  hampered  in 
his  efforts  to  pursue  his  own  studies  or  guide  those  of  others; 
boards  of  studies  would  exercise  a  galling  control,  and 
editors  and  publishers  would  view  his  writing  with  suspicion. 
That  is  the  natural  fate  of  those  who  do  not  swim  with  the 
stream.  There  was  no  need  for  the  English  adherents  of  the 
realistic  school  of  economists  to  complain  when  obstacles 
were  placed  in  the  way  of  their  work,  and  avenues  of  publi- 
cation were  closed  against  them.  But  they  have  a  right  to 
break  silence  and  to  examine  any  criticism  directed  against 
themselves,  any  fault  which  is  found  with  their  methods, 
and  any  reason  which  is  alleged  for  the  attitude  taken 
toward  them  by  the  dominant  school  in  England. 

One  charge  has  been  made  by  recent  English  economists 
against  the  historical  school  in  Germany  and  in  England.  It 
has  been  reiterated  again  and  again.  The  time  has  come  when 
we  may  fairly  ask  that  some  attempt  should  be  made  to 
substantiate  it.  As  recently  stated  by  Mr.  Price  it  runs  as 
follows:  "As  a  matter  of  fact,  however,  we  ourselves  con- 
sider that  every  economic  historian,  however  stubborn  be  his 
con\'ictions  and  genuine  his  intentions,  does  actually,  though 
perhaps  unconsciously,  bring  some  guiding  theory  to  the 
study  and  interpretation  of  facts,  and  that  a  careful  inspec- 
tion of  works  on  economic  history  results  generally,  if  not 
uniformly,  in  the  discovery  of  the  familiar  outlines  of  the 

[327] 


12  Annals  of  the  American  Academy. 

conceptions  of  traditional  economic  theory;  and  we  think 
that  the  same  limitations  of  the  human  intellect,  which  pre- 
vent the  possibility  of  economic  theory  being  adequate  to 
cover  every  fact,  render  it  also  impossible  to  dispense  with  its 
assistance."*  Mr.  Price  reiterates  the  criticism  against 
which  I  have  already  endeavored  to  protest  f  when  it  was  put 
forward  in  more  guarded  language  by  Professor  Marshall. 
*'  The  next  objection  comes  from  the  extreme  wing  of  the 

modem  real  or  historic  school  of  economists As 

thirty  years  ago  a  number  of  men  who  had  never  done  any 
solid  work  for  economics  and  knew  nothing  of  its  real  diffi- 
culties were  confidently  proclaiming  the  solution  of  the  most 
intricate  problems  by  a  few  cut  and  dried  formulae,  so  now 
men  of  the  same  class  are  advocating  another  short  cut  in 
the  opposite  direction.  They  are  telling  us  to  discard  all 
theories  and  to  seek  the  solution  of  our  economic  difficulties 
in  the  direct  teaching  of  facts. "  |  A  charge  is  brought,  not 
against  any  individual  in  particular,  but  against  an  unnamed 
portion  of  a  school.  There  is  no  definite  statement  of  fact 
which  could  be  verified  or  disproved;  but  there  is  an  adroit 
insinuation  of  the  charge, — that  certain  members  of  the 
historic  school  of  economists  profess  to  discard  all  theories^ 
and  subsequently  stultify  themselves  by  implicitly  using  these 
very  theories.  The  repeated  accusation  seems  to  demand  a 
second  attempt  at  defence. 

It  may  clear  the  ground  and  bring  out  the  true  nature 
of  the  issue  if  I  begin  at  once  by  admitting  that  no  histori- 
cal economist  can  or  does  dispense  with  all  theories.  The 
word  theory  is  highly  ambiguous,  being  sometimes  used  as 
equivalent  to  hypothesis,  at  other  times  as  equivalent  to  gen- 
eral law  or  truth, §  but  this  need  cause  no  difficulty.  Real 
or  historical  economists  do  rely  on  theory  in  both  of  these 
senses;  they  rely  on  theories  or  hypotheses  to  group  their 

^  Economic  Journal^  vq\.\S\,  p.  66i. 

t/Wrf,vol.  H,  p.25. 

I "  PrMent  Position,"  pp.  39,  40. 

i  Jevons  "  Blementary  Logic,"  p.  274. 

[328] 


I 


Roscher's  Influence  in  England.  13 

obsen^ations  together;  and  they  sum  up  the  results  they 
obtain  for  a  given  period  in  generalizations  which  some 
would  call  theories.  There  is,  in  their  researches,  as  in 
every  empirical  investigation,  an  element  of  hypothesis, 
and  their  conclusions  would  be  unintelligible  unless  the  par- 
ticulars were  summed  up,  however  guardedly,  in  a  general 
statement.  Dr.  Schmoller's  excellent  remarks  on  the  method 
of  political  economy,*  as  understood  by  a  leader  of  the 
realistic  school,  may  be  accepted  as  conclusive  in  this  respect; 
observation  involves  abstraction  and  therefore  theory,  while 
the  aim  of  all  study  is  to  build  up  general  truth. 

But  even  if  all  are  agreed  as  to  the  practice  of  historical 
economists,  have  they  not  been  guilty  of  folly  and  inconsist- 
ency in  professing  to  discard  theories?  That  depends 
entirely  on  the  precise  form  of  the  disclaimer,  f  If  the 
unknown  author  of  the  unquoted  passage  really  disclaimed 
the  use  of  all  theories  in  his  investigations,  he  was  obviously 
self-condemned;  but  if  he  only  said  that  he  preferred  at  any 
given  time  to  dispense  with  all  theories  that  were  inappropri- 
ate as  instruments  for  his  researches,  he  need  not  have  been 
guilty  of  the  alleged  inconsistency:  to  object  to  theory  as 
such  is  one  thing,  to  object  to  inappropriate  theory  is  quite 
another. 

There  need  be  no  inconsistency  whatever  in  making  use 
of  hypotheses  and  in  generalizing,  on  the  one  hand,  and  in 
trying  to  discard  all  inappropriate  theories  on  the  other. 
Appeal  may  be  made  on  this  point  to  unprejudiced  judges. 
The  general  attitude  taken  by  Mill  did  not  incline  him  to 
sympathize  too  much  with  the  historical  school,  but  he  was 
keenly  alive  to  the  fact  that  economic  conceptions  were  only 
applicable  within  narrow  limits.     Economic  laws  according 

♦Conrad's  "Handwdrterbuch,"  vol.  vi,  pp.  532,  539,  La  Riforma  Sociale,  vol.  i,  pp. 
37.  223- 

t  About  this  it  is  difficult  to  argue,  as  no  hint  has  yet  been  given  by  those  who 
reiterate  this  charge  of  the  authority  on  which  the  accusation  rests.  No  reference 
is  g^ven  by  the  critics  to  any  passage  in  any  writer  who  has  been  guilty  of  the 
mistake,  it  is  only  spoken  of  as  if  it  were  the  well-known  characteristic  feature 
<rf  a  larger  or  smaller  gproup. 

[329] 


14  Annals  of  the  American  Academy. 

to  his  view  were  formulated  on  the  assumption  of  free  com- 
petition; if  anyone  were  investigating  economic  phenomena 
at  a  place  or  time  when  no  such  competition  existed,  scientific 
treatment  was  impossible,  for  economic  law  was  in  his  view 
inapplicable;  such  students  could  get  no  help  from  it.  It 
gave  conceptions  which  were  not  appropriate  to  the  phe- 
nomena, and  under  which  they  could  not  be  conveniently 
ranged.  Dr.  Carl  Menger  is  usually  quoted  as  the  great 
opponent  of  historical  writers  in  Germany,  yet  he  takes  a 
line  in  his  *  *  Grundsatze ' '  which  is  far  more  closely  akin  to 
their  practice  than  to  that  of  their  English  critics.  It  is  his 
aim  to  build  up,  systematically,  a  realistic  political  economy, 
on  the  analogy  of  an  empirical  science  like  chemistry;  he 
points  out  again  and  again  cases  where  some  economic 
conceptions  are  inapplicable,  because  of  the  circumstances 
in  which  men  are  living.  These  two  leading  economists 
have  been  on  their  guard  against  the  introduction  of  in- 
appropriate conceptions,  and  evidently  regard  it  as  a  real 
danger. 

From  the  manner  in  which  they  reiterate  this  criticism, 
however,  it  seems  that  recent  English  writers  take  a  dif- 
ferent view  of  the  character  of  economic  theory.  They 
seem  to  believe  that  economic  theory,  as  now  restated,  is 
useful  as  a  means  of  investigation  in  any  time  or  place,  and 
that  it  can  never  be  considered  as  inappropriate.  In  a  very 
limited  sense  this  may  be  admitted,  for  it  has  been  already 
pointed  out  that  economic  theory  is  now  developed  in  a 
form  which  is  susceptible  of  universal  application,*  and 
that  it  can  take  account  of  all  sorts  of  circumstances  and 
conditions  which  the  older  economists  were  forced  to  neglect. 
It  can  do  this  because  it  is  universal  zn  form;  any  matter 
can  be  fitted  into  it.  But  it  is  a  mistake  to  suppose  on  this 
account  that  it  necessarily  affords  a  suitable  instrument  for 
the  investigation  of  any  particular  group  of  phenomena, 
and  that  it  is  sure  to  be  appropriate. 

•Page  5. 

[330] 


Roscher's  Influence  in  England.  15 

It  has  been  pointed  out  above,  and  I  desire  to  emphasize 
the  statement,  that  the  mathematical  treatment  is  particularly 
advantageous  in  some  of  its  applications;  but  it  has  also 
been  said  that  it  does  not  provide  a  convenient  means  of 
expounding  economic  science  to  beginners.  In  a  similar 
way  the  mathematical  treatment  is  formally  applicable,  but 
not  practically  convenient,  in  investigating  problems  in  the 
past,  and  for  this  simple  reason.  IVe  are  not  omniscient,  and 
have  not  enough  knowledge  of  the  facts  to  be  able  to  use  it. 
We  can,  generally  speaking,  only  observe  externals  and 
argue  to  motives;  but  the  method  of  measuring  motives  is 
only  applicable  when  we  know  what  the  motives  of  an  indi- 
vidual are,  or  when  we  can  arrange  individuals  in  groups, 
and  say  that  these  men  are  so  far  susceptible  to  similar  mo- 
tives that  they  may  all  be  treated  alike.  If  we  had  all  this 
information  for  any  place  and  time,  we  could  apply  the  mod- 
em theory;  but  we  so  very  rarely  have  so  much  or  such 
accurate  knowledge  of  motives,  that  we  very  rarely  find  it  a 
convenient  instrument  for  investigation.  It  is  so  far  away 
from  ** empirical  reality"  and  ** history" — from  the  world 
as  we  can  observe  it  and  as  it  is  known  to  us — that  it  gives 
us  but  little  help;  though  if  we  had  a  complete  knowledge  of 
the  motives  of  men,  and  could  group  men  according  to  their 
motives,  we  might  tmdoubtedly  use  it.  The  modem  theory 
is  inappropriate  as  an  instrument  of  investigation,  not  because 
of  any  defect  in  itself,  but  because  we  are  rarely  possessed 
of  such  insight  as  to  be  able  to  bring  it  to  bear. 

In  fact,  for  practical  purposes,  the  new  mode  of  state- 
ment is  subject  to  limitations  very  much  like  those  of  the  old 
hypothetical  doctrine.  Mill  assumed  the  existence  of  Free 
Competition — as  most  nearly  realized  on  the  Stock  Exchange. 
Recent  writers  proceed  to  measure  the  influence  of  a  known 
motive  in  a  group  of  men  who  are  susceptible  to  its  influence 
in  similar  degrees,  and  an  approximation  to  such  a  group  is 
found  on  the  Stock  Exchange.  Of  course  we  do  not  really 
know  all  the  motives  of  all  the  members  of  that  institution; 

[331] 


1 6     Annai^  of  the  American  Academy. 

we  have  no  right  to  say  that  each  one  is  endowed  with  sensi- 
tive and  phlegmatic  qualities  in  similar  proportions.  But  we 
know  enough  about  them  to  be  able  to  apply  modern  theory 
with  great  advantage  and  with  little  risk  of  serious  error. 
But  we  do  not  know  enough  about  a  mediaeval  town,  and  the 
normal  sensitiveness  of  its  burgesses  to  be  able  to  deal  with 
their  business  transactions  in  the  same  fashion. 

There  is,  besides,  another  difl&culty;  the  new  economic 
theory  deals  primarily  with  the  individual — the  motives  that 
influence  him.  But  in  ancient  and  mediaeval  times  the 
individual  was  not  a  very  important  organ  of  economic  life: 
skill  was  cultivated,  forethought  was  exhibited  and  enter- 
prise was  directed  by  groups  and  not  by  individuals.  The 
manor,  or  the  town  was  an  economic  unit — it  was  the  sphere 
where  the  economic  forces  were  brought  into  action.  The 
new  theory  can,  of  course,  be  applied  here;  we  might  per- 
haps measure  the  utility  to  the  town  of  a  large  granary  or 
plentiful  fuel,  or  the  disutility  of  subjection  to  the  sheri^ 
and  infection  from  the  Black  Death — if  we  wanted  to.  But 
when  individuals  were  very  imperfectly  free  to  direct  their 
own  economic  course  in  life,  the  play  of  motive  in  the 
individual  has  a  very  different  significance  from  that  which 
it  has  in  the  present  day.  Before  we  can  attempt  to  apply 
the  theory  in  the  past  we  must  ask  what  is  the  character  of 
the  sphere  where  the  economic  forces  operate  at  a  given 
date  ?  Is  it  an  individual  or  is  it  a  group  ?  Unfortunately 
we  cannot  be  satisfied  with  this  alternative.  At  each  stage 
we  have  to  notice  how  one  economic  t3^pe  is  gradually  giving 
place  to  another,  and  to  remember  that  for  certain  purposes, 
the  town  or  the  manor  is  the  economic  unit,  and  for  others, 
the  individual.  When  we  have  knowledge  enough  to  be 
able  to  apply  the  theory  to  these  different  units  and  types, 
there  will  be  but  few  phenomena  left  which  we  shall  need 
its  help  to  explain. 

The  modem  English  theory  affords  an  admirable  means 
of  examining  phenomena  about  which  we  are  thoroughly 

[332] 


Roscher's  Influence  in  England.  17 

informed,  for  testing  our  explanations,  and  seeing  how  far 
they  are  exhaustive;  but  those  who  recognize  this  most 
fully  are  not  guilty  of  inconsistency  when  they  discard  all 
modern  theories  as  inappropriate  instruments  of  iyivestigation 
for  distant  times,  and  for  societies  unlike  our  own. 

The  reiterated  criticism  ot  the  real  or  historical  school 
by  Professor  Marshall  and  his  disciples  has  sensed  a  useful 
purpose,  inasmuch  as  it  has  brought  out  the  nature  of  the 
confusion  into  which  its  authors  have  fallen.  They  have 
written  as  if  something  which  has  mere  formal  validity  had 
also  material  truth.  It  is  no  wonder  if  they  seem  satisfied 
that  they  already  know  all  that  historical  investigation  can 
teach,  and  are  imwilling  to  follow  the  lines  on  which 
advance  has  taken  place  in  other  lands.  The  intellectual 
habit,  which  has  become  the  fashion  among  English  econo- 
mists, puts  them  out  of  sympathy  with  the  movement  in 
which  Roscher  was  one  of  the  leaders. 

There  are  good  reasons  to  hope,  however,  that  English 
political  economy  will  not  long  maintain  its  isolation,  but 
will  come  into  line  with  the  work  that  is  being  done  in  the 
world  at  large.  For  one  thing,  fashion  is  capricious,  the 
dandy  of  one  generation,  if  he  survived  in  all  his  glory, 
would  find  he  was  only  a  guy  in  the  next.  Intellectual 
fashions  are  changeful  too,  and  the  reaction  against  the 
dominant  English  school  has  already  set  in.  The  most 
noticeable  economic  books  of  the  last  couple  of  years  make 
little  use  of  the  modem  theories  and  phraseology,  unless 
they  attack  them.  The  Duke  of  Argj^ll's  ' '  Unseen  Founda- 
tions ' '  is  the  vigorous  protest  of  shrewd  common  sense- 
Mr.  Cannan's  keen  criticism  of  Ricardo  and  the  classical 
school  reflects  incidentally  on  the  methods  of  their  modem 
representatives.  Professor  Nicholson's  textbook  is  not 
merely  an  admirable  polemic,  but  a  useful  statement  of 
positive  principles.  He  has  tried  to  set  forth  limited  general- 
izations which  shall  be  true  to  actual  life  as  observed  and 
known.   He  is  thoroughly  realistic  in  the  statement  and  proof 

[333] 


1 8  Annals  of  thk  American  Academy. 

of  his  principles,  though  the  old  dogmatic  spirit  seems  to 
cling  to  his  manner  of  applying  them.  Professor  Bastable, 
in  his  recent  address,  and  in  his  book  on  '*  Public  Finance," 
shows  a  high  appreciation  of  the  work  of  the  realistic  school, 
and  a  willingness  to  learn  from  them.  The  development  of 
theory,  which  has  attracted  so  much  attention  in  recent 
years,  will  doubtless  leave  its  mark  on  the  science  by  con- 
tributing an  element  of  permanent  importance,  but  the  days 
•of  its  overweening  pretensions  are  passing  away.  Dr. 
Jaeger's  clothing  and  tan  boots  remain  as  permanent  elements 
of  comfort  in  English  civilization,  but  the  rage  for  them  is 
over;  they  have  found  their  level  at  last. 

But  apart  from  a  change  of  fashion,  practical  necessity 
has  also  done  much  to  direct  attention  to  realistic  economic 
investigation,  and  to  set  about  inquiries  like  those  of  I^e 
Play.  The  changes  in  England  have  been  rapid,  and  the 
politician  and  social  reformer  wish  to  take  stock  of  them 
and  to  know  where  we  are.  The  carefully  organized  in- 
quiries of  Mr.  Booth  and  his  assistants  have  resulted  in  his 
monumental  work  on  the  London  poor;  while  special  inves- 
tigations in  regard  to  the  unemployed  and  the  conditions  of 
employment  have  been  conducted  by  Mr.  Llewellyn  Smith, 
Miss  Collett  and  Mr.  Schloss.  But  besides  this,  England 
has  taken  the  lead  in  many  matters  of  labor  organization, 
and  of  social  legislation.  It  offers  a  field  which  foreigners 
may  well  frequent,  not  to  pick  up  our  theories,  but  to  study 
the  facts  of  life  and  to  watch  the  success  and  failure  of  our 
experiments.  The  occasional  visits  of  continental  and  Ameri- 
can students,  bent  on  such  inquiries,  are  an  unmixed  gain. 
They  help  to  establish  cordial  intercourse  between  different 
centres  of  economic  study,  to  break  down  the  isolation  from 
which  England  has  so  long  suffered,  and  to  give  free  course 
to  the  progress  of  those  realistic  studies  in  which  Roscher 
helped  to  lead  the  way. 

TViiiVr  College,  Cambridge.  W.  CUNNINGHAM. 

[334] 


REASONABLE  RAILWAY  RATES. 

So  many  and  various  are  the  phases  from  time  to  time 
developed  by  the  multitude  of  individual  contributions  to 
current  discussion  of  what  is  known  as  the  ' '  Railroad 
Problem  ' '  that  there  is  grave  danger  of  forgetting,  at  least 
temporarily,  that  the  only  adequate  cause  for  the  prevailing 
widespread  dissatisfaction  with  the  methods  adopted  by 
those  officially  in  charge  of  railway  properties,  and  the 
relations  between  railway  corporations  and  their  patrons,  is 
public  discontent  resulting  from  the  charges  exacted  for 
railway  transportation.  Much  is  heard,  from  those  interested 
as  owners  or  managers  of  railway  properties,  in  denuncia- 
tion of  what  are  termed  legislative  attacks  upon  those 
properties,  and  many  harsh  names,  such  as  "confiscatory 
legislation,"  are,  perhaps  not  always  without  justification, 
applied  to  what  are  in  reality  honest,  although  often  mis- 
taken, attempts  to  secure  to  the  public  by  legislative  action 
more  satisfactory  rates.  While  it  is  undoubtedly  true  that 
many  attempts  at  statutory  regulation  of  railways  have  been 
tmwise,  and  therefore  productive  of  evil  rather  than  good, 
it  must  be  admitted  that  the  popular  inspiration  of  such 
measures  has  been  consequent  upon  dissatisfaction  with  rail- 
way charges,  and  could  have  arisen  from  no  other  cause, 
because  in  no  other  respect  do  the  railways  affect  so  large  a 
portion  of  the  people.  Upon  the  other  hand,  an  important 
section  of  the  press  and  many  popular  leaders  are  constant 
and  vehement  in  their  attacks  upon  the  so-called  evils  of 
over-capitalization,  stock- watering,  unnecessar}- construction, 
improvident  and  wasteful  management,  consolidations,  agree- 
ments to  maintain  rates  or  divide  traffic,  etc. ,  which,  even 
if  serious  evils  in  themselves,  can  only  operate  injiuiously 
upon  a  limited  number  of  individuals,  unless  their  effects 
extend  to  the  charges  for  transportation. 

[335] 


20  Annals  of  the  American  Academy. 

There  can  be  no  doubt  that  were  the  public  entirely  satis- 
fied with  the  rates  charged  for  the  transportation  of  persons 
and  property  by  rail,  little  general  interest  would  be  taken 
in  matters  of  mere  railway  economy,  and  their  discussion 
would  be  relegated  to  meetings  of  boards  of  directors,  rail- 
way associations,  and  those  technical  journals  which  are 
devoted  to  transportation. 

It  is  axiomatic  that  an  accurate  diagnosis  of  the  disease 
to  be  cured  is  an  essential  preliminary  to  the  application  of  a 
proper  remedy,  and  whoever  would  prescribe  adequately  for 
the  railway  malady  will  do  well  to  bear  constantly  in  mind 
that,  no  matter  how  complicated  the  symptoms  occasionally 
disclosed,  the  restoration  of  public  content  with  railway 
methods  can  be  accomplished  only  through  measures  which 
affect  directly  the  rates  and  charges  for  transportation. 

Popular  dissatisfaction  with  railway  charges  does  not  arise 
from  the  fact  that  they  are  universally  or  even  generally 
excessive.  Railway  rates  in  the  United  States  are  generally 
lower  than  anywhere  else  in  the  world,  much  lower  than 
they  were  here  five,  ten,  or  fifteen  years  ago,  and  quite  as 
low  as  is  consistent  with  the  maintenance  in  an  efficient 
condition  of  road-bed  and  equipment,  the  payment  of  fair 
wages,  and  any  even  approximately  adequate  return  to  the 
capital  invested. 

During  the  six  years  covered  by  the  reports  of  the  Bureau 
of  Statistics,  of  the  Interstate  Commerce  Commission,  the 
average  rate  per  ton  per  mile  charged  for  the  transportation 
of  freight  declined  from  i.ooi  cents  to  .878  cent,  and  that 
per  passenger  per  mile  fi-om  2.349  to  2.108  cents.  Incon- 
siderable as  these  reductions  appear  when  stated  in  this 
form,  they  represent  a  saving  to  the  public,  upon  the  traffic 
carried  during  the  year  ending  June  30,  1893,  of  $115,113,- 
377  on  freight,  and  $34,292,134  on  passenger  transportation, 
a  total  of  $149,405,511  in  one  year,  an  amount  exceeding  by 
nearly  fifty  millions  the  total  of  all  dividends  paid  on  rail- 
way stock,  and  equal  to  seventy -three  per  cent  of  the  entire 

[336] 


Reasonable  Railway  Rates.  2i 

customs  revenue  of  the  United  States  Government  during 
that  year.  It  should  be  remembered  that  these  reductions 
were  effected  within  a  comparatively  short  period,  and  one 
during  which  sixty  per  cent  of  all  railway  stock  capital' 
received  no  dividends. 

An  exhaustive  study  of  changes  in  railway  freight  rates 
since  1852  was  recently  made  under  the  direction  of  the 
Committee  on  Finance  of  the  United  States  Senate,  the 
results  of  which,  published  as  a  Senate  document,*  consti- 
tute an  exceedingly  important  contribution  to  the  available 
information  regarding  railways.  The  importance  of  this 
investigation,  the  only  one  of  the  kind  ever  undertaken,  led 
to  its  being  placed  in  charge  of  Mr.  C.  C.  McCain,  now 
auditor  of  the  Interstate  Commerce  Commission,  a  gentle- 
man of  wide  experience  and  thorough  knowledge  of  railway 
affairs,  whose  name  is  sufficient  testimony  to  its  accuracy. 
Mr.  McCain  briefly  summarizes  the  results  of  this  investiga- 
tion as  follows: 

* '  From  all  the  forms  of  comparison  presented  it  is  clearly  demon- 
strated that  there  has  been  a  constant  downward  tendency  in  freight 
charges  in  all  sections  of  the  country." 

Data  contained  in  this  report  fairly  illustrate  the  reduc- 
tions that  have  taken  place  during  the  period  investigated. 
The  references  in  this  paper  cover  an  exceedingly  small 
fraction  of  the  matter  included  and  the  report  itself  should 
be  carefully  studied  by  any  one  desiring  to  be  fully  informed 
concerning  the  history  of  railway  freight  charges  in  the 
United  States. 

In  many  respects  the  most  satisfactory  presentation  of  the 
downward  tendency  in  railway  freight  charges  is  afforded 
by  a  comparison  of  average  rates  per  ton  per  mile  charged 
during  successive  periods.  Aside  from  the  manifest  advan- 
tage of  clearness  this  method  maybe  preferred,  because  it 
excludes  no  portion  of  the  aggregate  traffic  and  presents  the 

*  "  Wholesale  Prices  and  Wages."  Report  of  Finance  Committee,  United  States 
Senate.  Report  No.  1394.  Second  session  Fifty-second  Congress,  Part  I,  pp.  401- 
658. 

[337] 


22  Annals  of  the  American  Academy. 

actual  net  result  of  all  changes  whether  advances  or  reduc- 
tions. A  disadvantage,  perhaps  not  quite  so  apparent,  arises 
from  the  fact  that  with  the  growth  of  interstate  and  foreign 
bommeree  and  the  rapid  development  of  our  railway  system 
there  has  been  an  immense  increase  of  long-distance  trafl&c, 
which,  naturally  carried  at  lower  rates  per  ton  per  mile 
than  shorter-distance  traffic,  effects  a  reduction  in  the  aver- 
age, although  rates  may  not  be  absolutely  lower  for  similar 
service.  The  error  thus  caused,  cannot,  however,  be  of 
much  importance.  That  such  a  comparison  will  show  lower 
charges  at  the  present  than  at  any  former  time  is  generally 
admitted,  but  the  extent  of  the  reductions  may  not  be  so 
widely  understood.  The  following  instances  are  selected 
from  Mr.  McCain's  report.*  The  average  rate  charged  by 
the  Pennsylvania  Railroad  for  transporting  one  ton  of  freight 
one  mile  during  1852  was  5.42  cents;  in  1862  it  was  2.04 
cents;  in  1872,  1.46  cents;  in  1882,  .87  cent;  in  1892  only 
.65  cent.  In  other  words  during  1892  sixty-five  cents  would 
pay  for  as  much  transportation  of  freight  over  the  Pennsyl- 
vania Railroad  as  $5.42  would  thirty  years  earlier.  Similar 
reductions  have  occurred  on  all  other  lines.  In  New  Eng- 
land, the  average  charge  of  the  New  York,  New  Haven  & 
Hartford  Railroad  has  declined  from  6.23  cents  in  1870  to 
1.76  cents  in  1892.  From  Buffalo  to  Chicago  one  of  the 
principal  routes  is  that  via  the  I^ake  Shore  &  Michigan 
Southern  Railway.  The  average  charge  of  this  company 
during  1854  was  3.51  cents;  during  1864,  2.83  cents;  during 
1874,  1. 18  cents;  during  1884,  .65  cent,  and  during  1892, 
.60  cent.  The  Chicago,  Milwaukee  &  Saint  Paul  Railway 
operates  a  greater  mileage  than  any  other  company  in  the 
same  territory.  It  received  an  average  of  i  .06  cents  for  each 
ton  carried  one  mile  during  1892,  being  a  reduction  from 
1.28  cents  in  1882,  2.49  cents  in  1872  and  2.68  cents  in  1863. 
Beginning  with  an  average  of  6.14  cents  during  1872  that  of 
the  Denver  &  Rio  Grande  Railroad  had  declined  to  1.86 
•  Pp.  615-617. 

[338] 


Reasonable  Raii^way  Rates.  23 

cents  in  1892,  while  during  the  same  period  the  Union 
Pacific  Railway  had  reduced  its  charges  from  an  average  of 
2.34  cents  to  1.08  cents.  When  it  is  added  that  an  increase 
of  one  mill  per  ton  per  mile  in  the  average  charges  for  the 
traffic  carried  during  one  year  would  produce  additional 
revenue  equal  to  ninety  per  cent  of  all  dividends  now  paid, 
the  importance  of  these  reductions  will  be  appreciated. 

No  single  rate  is  of  greater  constant  importance  than  that 
upon  grain  via  the  all-rail  lines  from  Chicago  to  New  York. 
It  is  not  merely  the  rate  at  which  grain  is  carried  between 
the  greatest  grain  market  in  the  world  and  the  principal 
grain  exporting  port,  but  is  also  the  basis  of  rates  from  all 
western  points  to  all  of  the  cities  and  towns  located  on  or 
adjacent  to  the  Atlantic  seaboard.  Any  change  in  this  rate, 
therefore,  effects  a  corresponding  change  in  the  rate  upon 
nearly  every  bushel  of  grain  produced  in  the  United  States 
and  not  consumed  at  or  near  the  point  of  production. 

The  following  statement  shows  the  rate  charged  for  the 
transportation  of  grain  via  all- rail  lines  from  Chicago  to 
New  York  on  the  dates  named: 

Rates  in  Cents  per  100  Pounds. 

Year.       January  15.   April  15.  July  15.    October  15. 

1864 75  80  95 

1869 75  50  50  50 

1874 60  40  45  45 

1879 35  20  22  35 

1884 30  15  20  25 

1889 25  25  20  25* 

1894 25  20  20 

The  rates  charged  for  the  transportation  of  both  anthra- 
cite and  bituminous  coal  have  been  greatly  reduced  during  the 
last  twenty  years.  For  example,  while  the  average  rate  per 
ton  of  2000  pounds  from  collieries  in  the  Clearfield  region 
of  Pennsylvania  to  Jersey  City  was  $4.05  during  1873,  a  ton 
of  2240  pounds  was  transported  between  the  same  points  in 
1892  at  an  average  rate  of  $2.25.     Cotton  compressed  in 

•Com,  20 cents. 

[339] 


24  Annals  of  the  American  Academy. 

bales  was  carried  from  Memphis  to  New  York  during  1893 
at  a  constant  rate  of  50)^  cents  per  100  pounds,  whicli  was 
a  reduction  from  74  cents  which  prevailed  during  1881. 

Local  rates  have  declined  even  more  than  has,  in  many 
instances,  been  the  case  with  competitive  rates.*  For  ex- 
ample, common  starch  as  late  as  1874  was  charged  38  cents 
per  100  pounds  from  Boston  to  North  Adams,  Mass.,  via 
the  Boston  &  Albany  Railroad.  The  same  transportation 
is  now  performed  for  15  cents. 

Examples  of  reductions  equal  in  extent  to  the  foregoing, 
including  all  sections  of  the  countr>^  and  every  article  of 
commercial  importance  commonly  offered  for  shipment  by 
rail,  might  be  multiplied  almost  indefinitely,  but  sufficient 
have  been  adduced  to  illustrate  the  constant  tendency  toward 
lower  charges,  which  has  been  such  a  prominent  character- 
istic of  the  development  of  railway  transportation  in  the 
United  States. 

Having  established  the  existence  of  this  tendency,  the 
question  naturally  arises  whether  it  is  the  result  of  conces- 
sions grudgingly  yielded  by  reluctant  carriers  who  have 
succeeded  in  retaining  rates  sufficiently  high  to  3deld  extor- 
tionate and  unreasonable  returns  upon  the  capital  invested, 
or  has  it  so  fully  kept  pace  with  the  institution  of  more 
provident  methods  of  administration  and  the  economies  per- 
mitted by  increased  density  of  traffic  that  the  larger  propor- 
tion, if  not  the  entire  aggregate  of  the  benefits  derived 
therefi-om,  has  accrued  to  the  shipping  and  traveling  public 
instead  of  to  the  owners  of  railway  stocks  and  bonds. 

It  may  be  confidently  asserted  that  except  in  extremely 
rare  instances  it  is  practically  impossible  to  maintain,  for 
any  considerable  period,  railway  rates  which  are  excessive. 
The  interests  of  the  railways  and  their  patrons  unite  in  the 
creation  of  conditions  against  which  it  is  vain  for  any  railway 
oflBcial  to  contend  for  extremely  high  rates.  From  the  stand- 
point  of  the  railways,  it  is  evident   that  excessive   rates 

•See  Fourth  Annual  Report  of  Interstate  Commerce  Commission,  pp.  235-339. 

[340] 


REASONABI.E   RAII.WAY  RATES.  25 

constitute  a  limitation  upon  the  quantity  of  traffic, which,  if 
carried  far  enough,  may  became  prohibitive.  The  expenses 
of  railway  transportation  are  roughly  divided  into  those 
arising  from  operation  and  fixed  charges  in  the  proportion 
of  about  sixty-nine  per  cent  and  thirty-one  per  cent  respec- 
tively. The  latter  are  entirely  independent  of  the  volume 
of  traffic,  while  a  large  portion  of  the  former  are  so  far 
unaffected  thereby  that  a  considerable  increase  in  traffic 
would  result  in  a  relatively  much  smaller  increase  in  the 
expense  of  operation.  It,  therefore,  necessarily  follows  that 
a  large  traffic  at  low  rates  is  often  more  profitable  than  a 
smaller  traffic  at  higher  rates,  a  fact  which  few  railway  man- 
agers have  failed  to  appreciate.  Aside  from  the  mere  present 
increase  in  net  revenue  possible  on  account  of  reductions 
from  high  to  more  equitable  rates,  it  is  incontestable  that 
low  rates  tend  to  develop  the  territory  contiguous  to  the  line 
over  which  they  are  available,  and  consequently  to  promote 
the  final  and  permanent  prosperity  of  such  lines.  An  en- 
lightened consciousness  of  these  facts  has  caused  the  great 
majority  of  railway  officials  having  authority  to  make  rates 
to  concede  to  their  patrons  the  lowest  which  could  be  made 
without  increasing  operating  expenses  faster  than  gross 
revenue. 

Shippers  are  constantly  appealing  for  lower  rates,  and  the 
pressure  thus  brought  has  been  too  great  for  continued  suc- 
cessful resistance.  The  manufacturer  or  producer  sees  in  a 
concession  of  a  few  cents,  or  even  a  fraction  of  a  cent,  from 
current  rates  an  opportunity  to  put  the  commodity  he  ships 
into  more  distant  markets  or  to  successfully  underbid  his 
competitors  in  those  already  reached.  Commercial  condi- 
tions and  the  importunity  of  rival  shippers  as  well  as  the 
pro\nsions  of  the  Interstate  Commerce  Law,  which  in  this 
respect  is  believed  to  be  merely  declaratory  of  the  common 
law,  require  that  if  any  concession  is  made  it  shall  be  open 
to  all  shippers  of  the  same  or  similar  commodities  between 
the  same  localities  in  the  same  direction.    Further  than  this, 

[341] 


26  Annals  of  the  American  Academy. 

the  Interstate  Commerce  Law  requires  that  the  carrier  mak- 
ing such  a  concession  shall  so  adjust  all  its  rates  that  not 
only  intermediate  rates  upon  similar  trafiSc  shall  not  be  in 
excess  of  those  between  more  distant  points,  but  that  the 
entire  body  of  rates  shall  be  relatively  reasonable  and  just. 
Thus  along  the  line  of  one  carrier  an  initial  concession  to  a 
single  shipper  requires  a  multitude  of  similar  concessions  to 
other  shippers  and  at  other  points.  This,  however,  is  not 
all.  Shippers  located  on  other  lines,  and  often  at  an  equal  or 
greater  distance  in  other  directions  from  the  common  market, 
find  themselves  at  a  disadvantage  on  account  of  the  reduc- 
tions already  granted,  and  appeals  are  at  once  made  for 
reductions  by  other  lines  sufficient  to  restore  the  original 
status.  These  must  be  made,  or  the  inevitable  penalties  of 
loss  of  traffic  and  depleted  revenue  fall  upon  the  obstinate 
carrier.  Railways  are  also  forced  in  a  large  measure  to  com- 
pete for  traffic  with  carriers  upon  water  routes,  the  Great 
Lakes,  navigable  rivers,  and  canals,  as  well  as  among  them- 
selves, the  combat  in  the  latter  case  often  assuming  Titanic 
proportions,  particularly  when  one  or  more  of  the  competing 
railways  is  by  its  own  bankruptcy  relieved  from  the  necessity 
of  earning  interest  upon  its  funded  debt.  Thus  the  action 
and  interaction  of  forces,  as  far  beyond  legislative  restraint 
as  they  are  beyond  the  control  of  a  single  carrier,  unceas- 
ingly operate  to  reduce  the  charges  for  railway  transporta- 
tion while  the  greater  economy  in  operation  and  manage- 
ment enforced  and  made  possible  by  lower  rates  and  increased 
traffic  in  turn  permits  further  reductions. 

Viewed  from  the  standpoint  of  the  investor  in  railway 
properties,  who  may  be  supposed  for  the  time  being  merely 
selfishly  interested  to  secure  the  largest  possible  net  return 
upon  his  capital,  it  can  scarcely  be  said  that  the  present 
body  of  railway  rates,  considered  as  a  whole,  is  satisfactory. 
nor  has  there  ever  been  a  period,  except  perhaps  during 
the  unrestrained  competition  incident  to  a  war  of  rates, 
when  it  was  less  so.     The  interest  of  the  investor  in  railway 

[342] 


Reasonable  Railway  Rates.  27 

properties  in  the  rates  charged  is  twofold;  first,  that  they 
shall  produce  sufi&cient  revenue  above  necessary  operating 
expenses  to  yield  an  adequate  return  upon  the  capital  repre- 
sented by  the  securities  he  holds,  and,  second,  that  they 
shall  permit  and  encourage  the  development  of  the  territory 
contiguous  to  the  railway  in  order  that  the  future  value  of 
its  property  and  franchises  may  be  assured.  In  order  to 
accomplish  the  latter  result  it  is  obviously  necessary  that 
rates  should  be  neither  unreasonably  high  nor  tmjustly  dis- 
criminating between  persons,  localities  or  classes  of  traffic. 

The  following  statement,  arranged  from  data  contained  in 
the  report  of  the  Statistician  of  the  Interstate  Commerce 
Commission,  shows  an  income  account  for  all  the  railways  in 
the  United  States,  covering  the  year  ending  June  30,  1893, 
and  also  the  same  data  for  each  group*  according  to  the 
system  of  territorial  distribution  of  statistics  adopted  by  the 
Commission. 

•  The  division  of  the  country  into  groups  for  the  purpose  of  localizing  railway 
statistics  may  be  roughly  defined  as  follows: 

Group  I.  This  group  embraces  the  States  of  Maine,  New  Hampshire,  Vermont, 
Massachusetts,  Rhode  Island  and  Connecticut. 

Group  IL  This  group  embraces  the  State  of  New  York,  Pennsylvania,  New  Jer- 
sey, Delaware  and  Maryland,  exclusive  of  that  portion  of  New  York  and  Pennsyl- 
vania lying  west  of  a  line  drawn  from  Buffalo  to  Pittsburgh  via  Salamanca,  and 
inclusive  of  that  portion  of  West  Virginia  lying  north  of  a  line  drawn  from 
Parkersburg  east  to  the  boundary  of  Maryland. 

Group  III.  This  group  embraces  the  States  of  Ohio,  Indiana,  and  the  southern 
peninsula  of  Michigan;  also  that  portion  of  the  States  of  New  York  and  Pennsyl- 
vania lying  west  of  a  line  drawn  from  Buffalo  to  Pittsburgh  via  Salamanca. 

Group  IV.  This  group  embraces  the  States  of  Virginia,  North  Carolina,  South 
Carolina,  and  that  portion  of  the  State  of  West  Virginia  lying  south  of  a  line 
drawn  east  from  Parkersburg  to  the  boundary  of  Maryland. 

Group  V.  This  group  embraces  the  States  of  Kentucky,  Tennessee,  Mississippi, 
Alabama,  Georgia,  Florida,  and  that  portion  of  I^ouisiana  east  of  the  Mississippi 
River. 

Group  VL  This  group  embraces  the  States  of  niinois,  Wisconsin,  Iowa,  Minne- 
sota, the  northern  peninsula  of  the  State  of  Michigan,  and  that  portion  of  the 
States  of  North  Dakota  and  South  Dakota  and  Missouri  lying  east  of  the  Missouri 
River. 

Group  VII.  This  group  embraces  the  States  of  Montana,  Wyoming,  Nebraska, 
that  portion  of  North  Dakota  and  South  Dakota  lying  west  of  the  Missouri  River, 
and  that  portion  of  the  State  of  Colorado  lying  north  of  a  line  drawn  east  and 
west  through  Denver. 

Group  VIII.  This  group  embraces  the  States  of  Kansas,  Arkansas,  that  portion 
of  the  state  of  Missouri  lying  south  of  the  Missouri  River,  that  portion  of  the 

[343] 


a8 


Annaxs  of  the  American  Academy. 

INCOME  ACCOUNT— YEAR 


Amount 

for 
United 
States. 

Amount  for  Each  Group. 

Items. 

Group  I. 

Group  II, 

Group  III. 

Income: 
From  passenger  service, 

Passenger  revenue 

Mail  revenue 

Express   revenue 

Other  revenue 

$3ox,49t,8i6 

28,445,053 

23,631,394 

6,455,778 

$37,448,008 
1,322,471 

$75,272,215 

1,066,905 

$46,009,778 

5.227,043 

3,712,666 

727,180 

Total 

From  Freight  service: 

Freight  revenue 

Other  revenue 

$360,024,041 

829,053,861 
3,848,344 

$41,753,755 

43,298,341 
943,540 

$87,191,399 

218,226,711 
1,022,982 

$55,676,667 

127,572,498 
731.945 

Total 

Other  earnings  from  operation 

TTnolflRsifien 

$832,902,205 

27,732,053 

93,575 

144,241,881 
899,842 

$219  249,693 
6,528,628 

$128,304,443 
3.391,359 



Total  from  oi>eration  .  . 
Other  sources 

$1,220,751,874 
149,649,615 

$86,895,478 
8,257,763 

$312,969,720  $187,372,469 

52,599, 120|         18,628,164 

Total  income 

Expenditures: 

Operating  expenses 

Fixed  charges: 
Interest  on  funded  debt  ♦  .  , 
Interest  on  current  liabilities 
Rents 

$1,370,401,489 

$827,921,299 

250,176,887 
7,989,508 

107,222,921 
36,514,689 
29,518,151 

$95,153,241 

$60,801,378 

8,001,716 

728,312 

7,356,324 

$365,568,840    $206,000,633 

$206,137,395    $134,607,313 

57,049,362         30,030.059 
2,059.586                 703,035 

40,112,619          15,618,415 
8,176,864!           5,126,092 

6,957,346|        2,850,703 

Taxes    

Miscellaneous 

Total 

$431,422,156 

83,661,738 

17,268,147 

$19,984,465 

11,972,292 

1,394,018 

$114,355,777     $54,328,304 

35.397,714       10,637,207 
1, 135, 191 1        5,102,072 

Dividends: 

On  common  stock 

On  preferred  stock 

Total 

$100,929,885 
2,011,404 

1,362,284,744 
8,116,745 

$13,366,310 
105,426 

94,257,579 
895,662 

$36,532,905^    $15,739,279 
111,056            693,938 

357,137,133     205,368,834 
8,431,707            631,799 

Other  payments  from  net 
income 

Total  expenditures  .  .  . 
Surplus    

De&cit 

1 

ToUl 

$1,370,401,489 

$95,153,241 

$365,568,840^  $206,000,633 

State  of  Colorado  lying  south  of  a  line  drawn  east  and  west  through  Denver,  and 
the  Territories  of  Oklahoma,  Indian  Territory,  and  the  portion  of  New  Mexico 
lying  northeast  of  Santa  F6. 

Group  IX.  This  group  embraces  the  State  of  Louisiana,  exclusive  of  the  portion 
lying  east  of  the  Mississippi  River,  the  State  of  Texas,  exclusive  of  that  portion 
Ijring  west  of  Oklahoma,  and  the  portion  of  New  Mexico  lying  southeast  of 
8anU  F«. 

Group  X.  This  group  embraces  the  States  of  California,  Nevada,  Oregon,  Idaho, 
Washington,  and  the  Territories  of  Utah,  Arizona,  and  that  portion  of  the  Terri- 
tory of  New  Mexico  lying  southwest  of  Santa  F6. 

•Accrued.  r        1 

[344] 


Reasonable  Railway  Rates. 

ENDING  JUNE  30,  1893. 


29 


Amount 

FOR  Each  Group. 

Group  IV. 

Group  V. 

Group  VI. 

Group  VII. 

Group  VIII 

Group  rx. 

Group  X. 

$jo,6i3,72i 

1.530,176 

742.632 

92,960 

118,588.706 
2,449.301 

6,0461633 

$9,621,552 

1,852,276 

840,818 

270,212 

2,383,041 
379.514 

$8,366,946 

$19,323,212 

1,841.590 

1.083,307 

809,962 

$12,979,489 

29,604,481 
105.896 

122,862,255 

$67,314,381 

$12,584,858 

33,910,385 
4,601 

#26,329,329 

$10,273,837 

31.035,402 
128,791 

$23,058,071 

41,229,607 
"4,560 

$29,710,377 
1,131.500 

$56,217,310 

2,457.513 

7.570 

$171,967,317 

6,618,551 

64,031 

'""tt^ 

$76,787,838 
3,891,976 

$31,164,193 
557,619 

$41,344,167 
1.357,436 

1 

$43,843,340     $81,544,648 
3.770. 1 25 1       8,606,602 

$245,964,280 
20,698,852 

$47,397,473 
5,407,990 

$107,009,143 
6,928,402 

$41,995,649 
5,100,658 

$65,759,674 
19,651,939 

$47,613,465 
$30,425,792 

3,280,851 
1.159.988 

937.2" 

$90,151,250 

$58,321,252 

21,002,677 

750,230 

5.838.90a 

2418,835 

1,167,706 

$266,663,132 

$159,106,507 

49.871.967 
641,127 

11,547.721 
8,213,716 
4,261,033 

$52,805,463 

$30,609,057 

14,084,801 

1,758,889 
1.144,467 
4.607,087 

$"3,937,545 

$73,395,124 

27,902,351 
745.948 
2,133.541 
3,642,644 
2,245.152 

$47,096,3^ 

$31,786,526 

",389,970 

277,069 

3,555,805 

1,009,678 

682.895 

$85,411,613 

$42,730,955 

19.325.549 
1,063,881 

16,019,854 
1.970,955 
5.562,355 

$17,766,691 

1.245,786 
485.242 

$31,178,350 

4,285,314 
96,107 

$74,535,564        $21,745,358 

13. 153.738        2,770,819 
7,676,932            147.273 

$36,669,636 

$16,915,417 
5,899 

$43,942,594 

2,986,384 
312,416 

$1,731,028 

139.459 
50,062,970 

14,381,42: 


93,881,023 

$20,830,670 
445,617 

254,918,358 
11,744.774 

$2,918,092 

$2,125,481 

$5,899 

$3,298,800 

515.908 

90.488.257 

55,272.507 

112,190,241 

1  TAi  tnA 

48,707,842 

a.449.505 

3.729.773 

2,467,044; 

1,611,535 

5,076,644 

$47,613,465 

$90,151,250 

$266,663,132 

$52,805,463^  $113,937,545 

$47,096,307!  $85411,613 

The  foregoing  statement  casts  a  vivid  light  upon  the 
revenue-producing  power  of  the  present  body  of  railway- 
rates  as  well  as  upon  the  familiar  charge  that  railway  earn- 
ings are  grossly  excessive  and  extortionate.  It  shows  that 
sixty  per  cent  of  the  aggregate  revenue  is  required  to  pay 
the  cost  of  operation,  which  includes  wages  of  employes, 
repairs  of  road-bed  and  equipment,  etc. ;  three  per  cent  is 

[345] 


30 


Annals  of  the  American  Academy. 


paid  to  the  various  State  and  municipal  governments  for 
taxes,  eight  per  cent  for  rents,  two  per  cent  for  miscellaneous 
purposes,  which  includes  expenses  of  associations,  etc., 
making  a  total  of  seventy-three  per  cent  of  the  aggregate 
revenue  that  is  absolutely  required  for  expenses  which  must 
precede  the  right  of  the  bondholder  to  require  payment  of 
interest  or  of  the  stockholder  to  demand  dividends.  The 
remaining  twenty-seven  per  cent  is  distributed  among  those 
who  furnish  capital,  or  retained  by  the  corporation  in  the 
form  of  permanent  improvements,  or  surplus  to  provide 
against  future  contingencies.  The  proportions  devoted  to 
each  of  these  purposes  is  shown  below  for  the  year  ending 
June  30,  1893: 

Payments  to  or  for  the  Benefit  of  Raii^way  Capitai,. 


Items. 

Amount. 

Per  cent 
of  gross 
revenue. 

Per  cent  of 
total  return 
to  capital. 

Interest  on  funded  debt    .... 
Interest  on  current  liabilities  .    . 
Dividends  on  common  stock   .    . 
Dividends  on  preferred  stock  .    . 
Other  payments  from  net  income, 
Surplus 

1250,176,887 

7,989,508 

83,661,738 

17,268,147 

2,011,404 

8,116,745 

18.26 
0.58 
6.10 
1.26 
0.15 
0.59 

67.76 

2.16 

22.66 

4.68 
0.54 

2.20 

Total 

1369,224,429 

26.94 

100.00 

Probably  the  wildest  advocate  of  anti-railroad  legislation 
would  not  describe  as  unnecessary  any  of  the  expenditures 
shown  except  those  included  in  the  slightly  more  than  one- 
quarter  of  the  aggregate  which  accrues  in  one  form  or 
another  to  the  benefit  of  invested  capital,  and  it  is  therefore 
only  necessary  to  assert,  what  will  not  be  denied,  that  the 
items  which  constitute  the  first  seventy-three  per  cent  of  the 
total  are  legitimate  and  tmavoidable  expenses  that  must  be 
provided  for  out  of  the  revenues  produced  by  the  charges 
exacted  for  transportation.  Neither  will  it  be  seriously  con- 
tended that  the  capital  invested  in  railways  is  entitled  to  no 

[346] 


Reasonable  Railway  Rates. 


31 


return,  but  all  will  agree  that  the  schedules  of  rates  should 
be  so  arranged  as  to  provide  not  only  for  revenue  to  meet 
necessary  expenses  of  operation,  but  also  a  fair  return  upon 
the  just  value  of  the  property.  Let  us  now  examine  the 
amounts  expended  for  dividends  and  interest  in  order  to 
discover,  if  possible,  whether  the  investor  now  receives  an 
inordinate  return  upon  his  capital. 

The  table  on  pages  32  and  33  shows  the  amoimt  of  rail- 
way capital  of  each  class  in  the  United  States,  and  in  each 
group,  on  June  30,  1893,  ^^^  the  payments  thereon  during 
the  year  ending  on  that  date  : 

From  this  table  it  appears  that  the  average  highest 
and  lowest  percentage  of  return  to  each  of  the  dififerent 
classes  of  capital  were  as  follows: 


Nature 

Average. 

Highest. 

Lowest. 

Capital. 

Per  cent. 

Per  cent. 

Group. 

Per  cent. 

Group. 

Stock,  common, . 
Stock,  preferred, 
Funded  debt    ,   . 
Other  debt    .    .    . 

2.10 
2.51 
4.79 
I.31 

5.83 
4.49 
5.67 
2.66 

I 

VI 

VII 

IV 

0.00 
•x- 

4.01 
0.61 

IX 

IX 

IX 

VII 

Total  .... 

3.42 

5.12 

I 

2.12 

IX 

It  should  also  be  observed  that  the  amounts  shown  under 
the  head  of  interest  upon  funded  debt  are  considerably  larger 
than  those  actually  paid,  for  the  reason  that  the  Interstate 
Commerce  Commission  has  seen  fit  to  base  its  statements 
upon  the  amounts  of  interest  accruing  during  each  year 
instead  of  upon  that  actually  paid,  and  as  there  was  prob- 
ably a  default  upon  some  portion  of  the  interest  due  in  each 
group,  the  actual  amounts  paid  and  the  average  rates  must 
have  been  much  lower  than  those  shown. 

The  table  on  pages  34  and  35  shows  a  classification  of  stock 
and  funded  debt,  exclusive  of  equipment  trust  obligations, 
based  upon  the  rate  of  dividend  or  interest  paid,  during  the 
year  ending  June  30,  1893. 

•  No  dividends  on  preferred  stock. 

[347] 


32     Annals  of  the  American  Academy. 

RAILWAY  CAPITAL,  DIVI- 


Total 

Classified 

Capitalization. 

Stock.- 

Territory 

-Common, 

Covered. 

Dividends 

Rate 

Amount. 

and 

per 

Rate 

Interest. 

cent 

Amount. 

Dividends. 

per 
cent 

Group       I .  . 

$431,721,329 

$22,096,338 
95,641,853 

5.12 

$205,374,148 

$11,972,292 

5.83 

•'  *^     II .  . 

2,274461,059 

4.21 

934.657,305 

35,397.714 
10,637,207 

i:S 

III.  . 

1,429,568,568 

46,472,373 

3.25 

465.759,333 
158,133,016 

IV.  . 

488,640.908 

806,914,768 

1,919,806,507 

14,119.660 
26,134,328 

2.89 

1.245.786 
4,285.314 

0.79 

V.  . 

3-24 

277.273,942 

I -55 

VI.  . 

71.343.764 

3.72 

625,932,471 
154,829,701 

13.153,738 

2.10 

VII  .   . 

441,231,104 

17.153.007 

3-89 

2,770,819 

1.79 

"     vm.  . 

1,171,110,558 

30.773.780 

2.63 

432,070,490 

1.206,585 

0.28 

IX.  . 

549,794.975 
992,985,634 

11,672,938 

2.12 

226,841,437 

5,899 

0.00 

X.  . 

23,688,230 

2.39 

501,137,759 

2,986,384 

0.60 

United  States 

$10,506,235,410 

1359,096.280 

3.4? 

13,982,009,602 

$83,661,738 

2.10 

From  this  table  it  is  seen  that  61.24  P^^  cent  of  all 
railway  stock  and  14.39  per  cent  of  the  bonds  representing 
funded  debt  paid  neither  dividends  nor  interest;  that  in  one 
group  99.99  per  cent  of  stock  and  31.66  per  cent  of  funded 
debt  received  no  return;  and  that  in  the  group  where  the 
business  of  transportation  appears  to  have  been  conducted 
under  the  most  favorable  conditions,  nearly  one-quarter  of 
the  total  stock  was  similarly  portionless.  Unless  it  can  be 
shown  that  the  present  capitalization  of  the  railway  system 
of  the  United  States  is  grossly  excessive,  these  data  are 
sufiBcient  evidence  that  the  return  thereto  is  no  more  than  is 
fair  and  reasonable,  if,  indeed,  it  is  not  far  below  what  is 
just  and  proper. 

While  the  problem  of  the  relation  between  the  par  value 
of  railway  capitalization  and  the  just  value  of  railway  prop- 
erty is  one  of  extreme  diffictdty  and  probably  does  not  admit 
of  detailed  solution,  the  diflficulties  surrounding  it  are  greatly 
enhanced  and  its  conditions  much  obscured  by  the  frequent 
confusion  of  just  value  with  the  amount  of  actual  invest- 
ment or  original  cost.     Although  it  is  certainly  true  that  the 

[348] 


Reasonable  Railway  Rates. 

DENDS  AND  INTEREST. 


33 


According  to  Nature  of  Capital. 


Stock.— Preferred. 


Funded  Debt. 


Other  Debt. 


Amount. 


Divi- 
dends. 


Rate 
per 
cent 


Amount. 


Interest.* 


Rate 
per 
cent, 


Amount. 


Interest 


Rate 
per 
cent 


,862,402 

,133,182 

;.233.7o8 

52,420,485 

52,450,295 
170,841,190 
13,222,581 
74,446,857 
7,645,852 
34,669,284 


$1,394,018 

1,135,191 

5,102,072 

485,242 

96,107 

7.676,932 

147,273 

9:8,896 


3-33 
1-57 
305 
0.93 
0.18 
4.49 
1,11 
1.23 


312,416   0.90 


S,925,8i6;$i7,268,i47|  2.51 


$155,320,649 

1.099,367.175 
715,829,137 
245.323.118 
429,349,204 

1,032,005,565 
248,551.553 
604,411,015 
284.329.455 
411,202,950 


$8,001,716 
57.049.362 
30,030,059 

11,518,435 
21,002,677 
49,871,967 
14,084,801 
27,902,351 
11,389.970 
19,325,549 


515 
5-19 
4.20 
4.70 
4.89 
4-83 
5-67 
4.62 
4.01 
4.70 


$5,225,689,821 


250,176,887 


4-79 


$29,164,130 
168,303,397 
80,746,390 
32,764,289 
47.841,327 
91,027^81 
24,627,269 
60,182,196 
30,978,251 
45,975,641 


1611,610,171 


$728,312 
2,059,586 
703,035 
870,206 
750.230 
641,127 
150,114 
745,948 
277,069 
1,063,881 


2.50 
1.22 

0.87 
2.66 
1.57 
0.70 
0.61 

0.89 
2.31 


7.989,508 


1.31 


public  has  no  right  to  demand  transportation  at  rates  too 
low  to  afford  a  fair  return  upon  the  just  value  of  railway- 
property,  there  is  no  equitable  basis  for  the  contention  that 
the  railways  are  entitled  to  mterest  and  dividends  upon  the 
original  cost  of  their  properties,  no  matter  how  much  such 
cost  may  have  been  enhanced  by  profligate  expenditure  or 
corrupt  misappropriation  of  funds,  nor  how  much  changed 
conditions  may  have  caused  subsequent  depreciation  of  the 
property.  It  may,  indeed,  be  true  that  the  public  interest 
will  be  well  served  when  the  circumstances  and  conditions 
of  railway  transportation  shall  have  become  so  adjusted  that 
the  security  of  money  invested  in  such  property  is  absolute, 
but  no  such  condition  has  been,  as  yet,  attained,  and  until 
it  is  those  who  choose  to  adventure  their  capital  in  the  con- 
struction of  railways  must  do  so  with  full  acceptance  of  the 
risks  and  hazards  involved.  In  estimating  what  constitutes 
a  fair  return  upon  their  investment,  allowance  should,  of 
course,  be  made  for  the  possibility  of  total  or  partial  loss  of 
the  principal;  that  such  a  loss  is  among  the  possibilities  is 
the  misfortune  of  the  investor;  that  it  must  be  compensated 

•  Accrued. 

[349] 


34 


Annals  of  the  American  Academy. 


I 


M  d  d 


M  On  t^M  d  Omh'  d 


wci  d>N>-;dv'i->H 


■  M  ^00  t^  JO  H?  •* 
•H  w  M  Trt>.\q  10 

)  N  00  •4  >r>  d^  rj-  d 


00  d  OMi  tiod 


d  d  ti  •  N  w 


tf>d  d  «  w  d 


d  «•  g  d  ^ 


% 


S;;?«^5?:as.8:R 


vd"d"«OrO'^rOf«"tCtCrC 
cr)CT\QMOtS  t^iD>-"00  Q 


^. :  =  ::  =  =! 

>  P 


[350] 


REASONABI.K  Railway  Rates. 


35 


1 


0.0  S 


^i 


60 


SS.S  -gjssa? 

odd   •  6  6  o^fi  6  o 


5<S  -t  'S' 
6  6   •  d   •  d 


•  o  ci  M  w  irt 

•  d  d  M  d  d 


'So 
d  d 


toco  t^vo  fo  ^>0  m  r^  CT> 
^  lO  «o  q  •-•  ^  iovo  00  ^ 
»o»odvd»N  rowvdd'j 


«  F-oo  lovo  00  t>.oo  ro  « 

8  8?i5=^"j5C-<i2  2^ 


00  ^1-1  t^«OQ  «  '*0^^ 

ro  cK  <o  >-«  »o<2>  to  >-•  irivq 

<->  M  M    (OM    M 


O  «  O  VQ.  ■-•  t*^00  «  «  «0 

do  w  •^  d\  t^  c*  vd  N  d 


53oo  foq  M  o>6^>3 
«■  •-<"oo'  d  fo»o«  d  « 


NO  o_  ►"_  cS  lo  looo  *^  to  "^ 
d"  looo  ro  o*  «^<o"  po  rC  rC 
•ON  »0«rt  rtO  t>-oo  <oo 


[351] 


s- 


>  CD 


36  Annals  of  the  American  Academy. 

by  higher  rates  of  dividend  and  interest,*  although  a  neces- 
sary and  equitable  result  is  unfortunate  for  the  public;  the 
best  interests  of  both  unite  in  demanding  its  ultimate  elimi- 
nation so  far  as  practicable. 

The  total  capitalization  of  the  railways  of  this  country  on 
June  30,  1893,  as  given  by  the  Interstate  Commerce  Com- 
mission was  $10,506,235,410.  This  includes,  however, 
$611,610,171  of  floating  debt,  which  for  the  purposes  of  the 
present  discussion  should  be  deducted,  leaving  the  actual 
stock  and  funded  debt  at  $9,894,625,239.  This  amount 
includes  considerable  duplication  of  apparent  capital,  arising 
from  the  fact  that  railway  corporations  are  themselves  large 
owners  of  railway  stock  and  bonds.  The  amounts  thus  held 
are  given  by  the  Commission  as:  stocks,  $1,135,784,339; 
bonds,  $427,237,894;  total,  $1,563,022,233,  leaving  out- 
standing $8,331,603,006  in  stocks  and  funded  debt.  It 
should  be  understood  that  the  existence  of  this  duplication 
of  railway  capital  does  not  in  any  way  affect  the  accuracy 
of  the  statements  showing  income  account  and  returns  upon 
capital,  as  there  are  corresponding  duplications  in  each  of 
those  statements. 

The  following  statement  shows  the  total  capitalization  of 
the  railways  in  each  group  and  the  total  for  the  United 
States,  the  amount  of  other  or  unfunded  debt,  the  total  stock 
and  funded  debt,  the  amounts  of  stocks  and  bonds  owned  by 
railway  corporations,  and  the  net  capitalization  privately 
owned,  as  given  by  the  Statistician  of  the  Interstate  Com- 
merce Commission  for  the  year  ending  June  30,  1893. 

The  amounts  shown  in  the  last  column  of  the  following 
statement  constitute  the  actual  capitalization  upon  which  it 
is  contended  that  the  business  of  transportation  should 
afford  a  fair  return.  That  these  figures  furnish  a  reasonably 
accurate  measure  of  the  true  value  of  railway  property  can, 
it  is  believed,  be  sufficiently  established,  and  that,  too, 
whether  it  is  decided  that  just  value  depends  upon  the  cost 
at  which  present  facilities  could  be  duplicated,  upon  the 

[352] 


REASONABI.E  RAILWAY  RATES. 


37 


Net 

Capital 

not 

Owned  by 

Railways. 

1 
1 

"SI 

1 

1 

1 

namiii 

1 

11 

utututt 

p. 

.9 

"A 

5 

0 

0 

I 

> 

S 

O 
[353] 

1 

:;s  Annai..^  of  Tiiic  AmivRICAn  Academy. 

:  rr-.!:t  :\:\^  ]>n>-|Kvtivc  carnini;  capacity,  or  upon  the  price 
..:  •s':\:cl\  ilu- ;'iu|'criics  coiiUl  be  jnirchased  from  their  present 
.,-a::v:-.  I:"  wiliic  depends,  as  is  frequently  dcH:lared,  upon 
^..^:  .  :"  .'iiplie.itioii,  it  should  be  reniendx^red  that  although 
■.:;  K\:\.\'.:\  >'.eti(>ns  roads  have  been  constructed  at  extremely 
;  ■.'.  .--t,  :;;  .alicr  sections  another  extreme  has  been  reached. 
'i";:-.:-  :::  N\ w  York  Cit\-  it  is  said  to  have  cost  $4,000,000  to 
.  !>:rr.vl  l^ur  miles  of  line  and  §2,000,000  additional  to 
■•  •.'.:■.'':  A  <a[\')U.  In  other  localities  there  are  long  sections 
'•:  r^.i'l  uiKTe  grading  alone  has  cost  more  tlian  $300,000 
>  r  ::;:le.  wliile  bridges  like  that  across  the  Mississippi  River 
./.  S:.  I.onis  eosling  $14,000,00^3  per  mile,  and  tunnels  like 
'.r.t-  Ibx'-ac  at  S;v^x>o,(XX)  per  mile  are  as  essential  portions 
i'.'  ihv  iail\va>-  s>-stem  as  the  single  track  laid  on  a  level 
TT.iiii^-,  through  a  semi -wilderness  at  a  first  cost  of  $15,000 
:  '  r  ::i:k-.  There  is  certaiidy  no  reasc^n  for  believing  that 
::-.•/.>  ;i  rrihulinii  in  tlie  cost  of  works  such  as  those  referred 
'.  •  '  "-.'.M  l<c-  iTiade  at  the  present  time.  Another  item  which 
•.'.-!'.'.'!    i::i'laibte(Il\-  enhance  the   average  cost   per   mile  of 

'.■\]'\\'  a{\:\^  i>uv  ]iresent  railway  facilities,  woidd  be  the  dis- 
•.•.:.:■-  nv<(.-v:iiv  n])on  securities  in  order  to  secure  capital 
:■■:-' ":]^\r\u  \](>n.  Tliis  is  merely  a  means  l)y  which  capital 
!•  :!nni'T:it'v<]  l'»r  tlie  extra  hazardous  nature  of  the  enter- 
:::-■■  :i:i'l  a  reliirii  suiriricntly  large  to  compensate  for  the 
:     ri    <■:!-.  ,!!:itcrr'l    sc(airi-d    if    the    aUernative    of    ])rofitable 

:-:'.';":i  i  .nhie\-c-«L  It  isf)r  this  reason  that  stock  has 
'■••::  ::• ',".■  ;it';/    ;j,i\-rn    :is   a    ])'.nns   to   pureliasers    of  bonds, 

•  ■■.  ':  •,•,:'.•:'•  '.Ii-  ].i  adic-  is  limited  !)>•  the  necessities  of  the 
•  :'  ::.':- 1  1m-  a.liuiitrd  tliat  it  is  perR-ctly  legitimate.  In 
'•-:  ■•  •'  ■•'.■  t;:--  '.ri-iiKil  <'o>t  of  railways,  while  not  Cf)nclusive, 
'•••'•'•  I  ":;-:'!' :ib]<-  li.v^ht  upon  their  ])resent  real  value. 
'•I".  ■•■  h.  .^  b.-.:i  wiitteii  in  the  elTort  to  ])rove  that  present 
'.:•:•.  r.:/ :t:.-;  : -,  lari;el\-  in  excess  of  the  amounts  actually 
'  ■<;•':'.:•■:  :■-:  > '.nstrnction  and  e([uii)ment,  a  result  which,  it 
:>  a'.'..-.-.-.!.  l:a^  l^'•ell  attained  through  fraudulent  issues  of 
'-^n-S  aral  vl'K,k^,  ])aving  excessively  for  construction  or  for 

[354] 


Reasonable  Railway  Rates.  39 

acquired  properties,  selling  bonds  and  stocks  at  a  discount, 
and  finally  by  declaring  dividends  payable  in  stock,  all  these 
practices  being  included  in  the  general  denomination  *  *  stock 
watering."  Different  writers  have  variously  estimated  the 
amounts  of  "water"  in  the  present  capitalization,  some 
placing  it  as  high  as  three-fourths  of  the  aggregate,  while 
others  have  urged  that  the  aggregate  thus  improperly 
created  is  entirely  offset  by  that  eliminated  by  foreclosures 
and  reorganizations.  Instances  of  substantial  reductions  in 
capitalization  resulting  from  these  causes  are  numerous 
enough  to  create  considerable  confidence  in  the  possibility 
that  they  may  entirely  balance  the  ' '  water. ' '  The  Cincin- 
nati, Washington  &  Baltimore  Railroad  was  reorganized 
after  foreclosure  proceedings,  and  became  the  Baltimore  & 
Ohio  Southwestern  Railroad  on  December  20,  1889.  The 
stock  and  funded  debt  of  the  new  company  on  Jime  30,  1890, 
amounted  to  $35,628,116,  while  those  of  the  old  company, 
one  year  before,  had  amounted  to  $41,145,777.  The  reor- 
ganization of  the  Vicksburg  &  Meridian  Railroad,  which 
became  the  Alabama  &  Vicksburg  Railway  on  May  i,  1889, 
resulted  in  a  reduction  of  the  total  issue  of  stock  and  funded 
debt  from  $9,919,713  to  $2,816,525.  A  reduction  from 
$3. 795 J 000  to  $2,160,000  was  also  effected  by  the  reorganiza- 
tion on  June  24,  1891,  of  the  Ohio&  Northwestern  Railroad, 
now  known  as  the  Cincinnati,  Portsmouth  &  Virginia  Rail- 
road, and  many  similar  instances  could  be  cited.  It  may 
be  that  reductions  like  the  foregoing  are  not  the  inevitable 
and  uniform  result  of  reorganization  and  foreclosure,  but 
that  they  occur  in  a  large  number  of  instances  will  not  be 
controverted.  The  number  of  foreclosiu-es  is  sufl&ciently 
large  to  indicate  the  elimination  of  a  vast  amount  of  capital 
by  this  cause.  During  a  period  of  eighteen  years,  from  the 
beginning  of  1876  to  the  close  of  1893,  551  railway  corpora- 
tions, operating  57,283  miles  of  road,  with  stocks  and  bonds 
amounting  to  $3,209, 126,000  were  sold  under  foreclosure. 
This  tremendous  insolvency  with  its  resultant  sales  under 

[355] 


40  Annals  of  the  American  Academy. 

the  hammer  of  the  auctioneer  may  easily  have  resulted  in 
wiping  out  an  amount  of  stocks  and  bonds  little,  if  any, 
less  than  that  created  by  stock-watering. 

Railway  rates  then  have  steadily  declined  for  a  consider- 
able period,  and  they  do  not  produce  an  exorbitant  return 
upon  present  capitalization,  which  is  an  approximately  accu- 
rate measure  of  the  just  value  of  the  railway  system.  The 
definite  conclusion  is  therefore  reached  that  the  aggregate 
railway  revenue  is  at  the  present  time  just  and  proper,  and 
that  under  current  conditions  any  schedule  of  rates  covering 
the  entire  country  and  all  classes  of  traffic  which  would  not 
produce  a  revenue  equal  in  the  aggregate  to  that  now  re- 
ceived would  be  unreasonable  and  unjust  to  the  owners  of 
railway  property. 

But  if  it  is  conceded  that  railway  rates  as  a  whole  are  not 
excessive,  it  does  not  necessarily  follow  that  those  fair  and 
equitable  conditions  exist  which  should  result  in  perfect  sat- 
isfaction upon  the  part  of  the  public.  It  is  quite  as  impor- 
tant, from  the  standpoint  of  those  who  purchase  transporta- 
tion, that  the  adjustment  of  rates  shall  be  made  without 
unjust  discrimination  against  persons,  places  or  classes  of 
traffic  as  that  the  charges  shall  not  be  excessive.  Even  a 
low  rate  is  of  no  benefit  to  a  manufacturer  if  some  competi- 
tor, producing  at  approximately  equal  cost,  can  obtain  one  a 
few  cents  lower,  and  thus  dispose  of  goods  at  a  profit  at  prices 
which  would  result  in  loss  to  one  paying  the  higher  rate. 
A  locality  seeking  to  become  a  manufacturing  or  distributing 
centre  can  make  little  headway,  though  granted  low  rates, 
if  a  competing  trade  centre  is  affi^rded  even  slight  advantage 
in  rates  to  common  markets.  Unfortunately,  alike  for  the 
railways  and  their  patrons,  the  methods  of  management  aris- 
ing from  competitive  strife  for  traffic  have  throughout  the 
entire  period  of  railway  transportation  continuously  resulted 
in  unjust  discriminations  of  each  of  these  classes,  and  it  is 
because  of  the  manifest  injustice  of  methods  which  result  in 
the  advantage  of  one  locality,  individual  or  kind  of  traffic 

[356] 


Reasonable  Railway  Rates.  41 

at  the  expense  of  another  having  equal  natural  opportunities 
that  the  public  has  become  so  generally  dissatisfied  with 
railway  rates  and  has  sought  by  sometimes  harsh  and  unwise 
legislation  to  eradicate  the  grosser  and  more  apparent  evils. 

In  solving  this  problem  of  the  relative  adjustment  of  rates 
between  different  localities  and  classes  of  trafiSc  so  that  each 
shall  contribute  in  exact  proportion  its  just  share  of  the  sum 
necessary  to  carry  on  the  business  of  transportation  lies  the 
true  solution  of  the  real  railway  problem. 

In  determining  what  aggregate  revenue  is  reasonable  and 
just,  the  cost  of  the  transportation  ser\ace  as  a  whole,  which 
includes  wages,  maintenance  of  facilities,  and  return  to  capi- 
tal, is  properly  the  basis  of  the  calculation,  but  if  we  seek  to 
make  further  use  of  this  method  and  distribute  the  charges 
for  transportation  among  the  different  articles  of  commerce 
and  the  various  points  of  origin  and  destination  according  to 
the  cost  of  each  particular  service,  we  are  at  once  involved  in 
inextricable  confusion.  Specific  rates  for  particular  service 
can  never  be  determined  by  the  preliminary  discovery  of  the 
cost  of  that  service,  because  no  such  distribution  of  the  items 
of  expenditure  incident  to  the  business  of  transportation  in 
fact  exists.  The  vast  majority  of  these  items  are  joint  ex- 
penses, attributable  not  to  any  portion  of  traffic,  but  to  all, 
and  would  continue  if  the  carriage  of  any  particular  traffic 
were  entirely  discontinued.  That  this  is  true  of  fixed 
charges  is  generally  recognized,  but  that  the  same  principle 
applies  with  almost  unabated  force  to  operating  expenses 
has  almost  entirely  escaped  attention.  Take,  for  example, 
the  simplest  division  possible, — that  between  passenger  and 
freight  traffic, — who  can  formulate  a  rule  for  ascertaining 
what  proportions  of  the  total  expenses  of  maintaining  track 
and  roadbed  should  be  charged  to  each  ?  Nor  is  this  all ; 
the  best  authorities  state  that  from  forty  to  sixty  per  cent  of 
operating  expenses  cannot  be  classified  as  arising  directly 
from  either  branch  of  the  service;  and  so  apparent  is  the 
insurmountable  nature  of  the  difficulties  attending  what  is 

[357] 


42  Annals  of  tuk  American  Academy. 

uiiqiiestioiia])ly  the  simplest  distribution  possible  as  well  as 
the  (lani;cr  of  serious  and  material  error,  if  an  estimate  is 
altcinjHcd  that  the  Interstate  Commerce  Commission  has, 
after  several  years  of  discussion,  decided  to  eliminate  this 
feature  from  the  annual  reports  required  from  carriers. 
Sliould  more  minute  classification  be  attempted,  still  greater 
obstacles  appear.  If  freight  traffic  alone  is  considered,  it  is 
j>ercei\ed  that  it  consists  of  two  principal  classes,  through 
and  local,  each  of  which  admits  of  extended  subdivision, 
but  to  neither  of  these  classes  nor  sub-classes  can  be  assigned 
a  definite  jx^rtion  of  operating  expenses.  Through  traffic  is 
carried  iK-tween  important  termini  in  swiftly  moving  trains 
which  seldom  stop  except  to  avoid  interference  with  passen- 
ger trafilc,  while  local  traffic  is  carried  in  slower  trains  mak- 
ing more  frequent  stops,  yet  for  each  of  these  classes  it  is 
nece.ss:iry  that  the  roadbed  shall  be  in  perfect  condition, 
bridges  in  repair,  switches  guarded,  and  signals  operated, 
and  the  entire  discontinuance  of  either  traffic  would  not 
ver\-  considerably  diminisli  the  necessary  outlay  for  any  of 
the->e  i»urposes.  The  same  obstacles  to  success  attend  every 
effort  to  distribute  the  cost  of  .service  down  to  the  last  detail, 
when  we  find  a  single  car  loaded  with  package  freight  of 
•  litTereiit  kinds  carried  between  different  stations,  all  of  which 
nuisi  contri])Ute  i)r()portionally  to  the  expenses  of  operation, 
U-;.^i!ining  with  the  cost  of  handling  each  particular  package, 
a!i(l  including  tlie  wear  upon  the  car  itself,  the  wages  of 
traijnnen  and  track  hands,  maintenance  of  road,  etc.  In 
I'a^^eni'er  traffic,  too,  if  the  entire  cost  of  the  traffic  were  de- 
t'rniine<l,  what  mathematician  would  undertake  the  problem 
«>l  'I'l  idiiiL,'  wliat  ])ro]K)rtion  of  expenses  arose  on  account  of 
\hi-  li/hlnin:;  ex])ress  and  what  from  the  local  accommodation  ? 
Trinsjx.rlation  in  this  respect  is  similar  to  the  industry  of 
ninr.n;:,  wliere  silver  and  lead,  each  in  sufficient  quantities 
to  be  of  ((.nunercial  value  are  found  together.  Here  it  is 
clear  tJKil  if  eitlier  silver  or  lead  were  to  cease  to  be  com- 
mercially valuable,  the  entire  expense  of  mining  would  have 

.     [358] 


Reasonable  Railway  Rates.  43 

to  fall  upon  the  other,  and  its  price  would  be  correspondingly 
enhanced.  Also,  any  diminution  in  the  demand  for  one  or 
the  other  commodity,  resulting  in  a  lower  price,  would  in- 
crease the  price  of  the  other,  or,  if  higher  prices  could  not 
be  obtained,  the  business  of  mining  would  ultimately  be  dis- 
continued. The  prices  that  must  be  obtained  for  silver  and 
lead,  respectively,  in  order  that  the  business  of  mining  shall 
afford  a  reasonable  profit  are  mutually  regulative.  Similarly, 
the  revenues  which  must  be  obtained  from  different  classes 
of  railway  trafiSc  are  interdependent,  and  it  cannot  justly  be 
predicated  of  rates  upon  any  one  class  or  commodity  or 
between  any  particular  points  that  they  are  excessive  or  un- 
reasonable without  reference  to  rates  upon  other  articles  and 
between  other  points.  This  would  be  perfectly  evident  were 
it  not  for  the  multitude  of  items  which  constitute  the  total 
trafl&c  of  an  ordinary  railway.  If  a  railway  be  conceived 
operating  between  two  points  only  and  carrying  only  one 
commodity  at  rates  absolutely  fair  and  reasonable,  and  it  is 
supposed  that  a  second  commodity  is  offered  for  transporta- 
tion, it  is  evident  that  unless  the  extra  cost  incident  to  the 
new  traflSc  bears  the  same  relation  to  the  revenue  derived 
from  it  that  the  former  cost  of  operation  bore  to  the  former 
revenue,  there  must  be  either  a  reduction  in  rates  upon  the 
former  commodity  or  a  considerable  increase  in  the  profits 
of  transportation,  and,  as  the  former  return  to  capital  was 
reasonable  and  a  higher  one  would  be  excessive,  the  public 
would  have  a  clear  right  to  demand  lower  charges.  So,  also, 
the  discontinuance  of  either  traffic  would  involve  a  resultant 
right  to  higher  charges  for  the  transportation  of  that  which 
remained. 

Railways  are  entitled  to  a  certain,  easily  ascertained 
amount  of  revenue  which  should  be  produced  by  charges 
for  transportation,  distributed  among  the  different  localities 
and  classes  of  traffic  with  absolute  fairness  and  impartiality, 
according  to  principles  akin  to  those  which  should  regu- 
late the  exercise   of  the  taxing  power.     Each  individual, 

[359] 


44  Annals  of  the  American  Academy. 

commodity  and  locality  should  be  treated  with  equality,  and 
should  not  be  subjected  to  atiy  disadvantage  or  prejudice, 
except  those  naturally  arising  from  location  or  character  of 
trafl&c.  Reasonable  and  proper  discriminations,  based  upon 
the  value  of  the  service  performed,  are  essential  and  should 
continue,  but  unjust  discriminations  founded  upon  favoritism 
and  prejudice  should  disappear.  Charges  between  all  points 
and  upon  all  articles  should  be  fixed  at  the  point  where, 
observ^ing  the  reasonable  limitation  of  total  revenue,  each 
particular  rate  will  produce  the  greatest  possible  revenue 
above  the  absolute  expense  of  handling.  Constant  endeavor 
to  create  new  traffic  should  be  made,  and  none  should  be 
refused  which  can  afford  to  pay  rates  producing  the  smallest 
revenue  above  the  cost  of  handling,  with  a  reasonable  allow- 
ance for  the  estimated  depreciation  of  permanent  way  and 
equipment  directly  attributable  to  that  traffic.  Such  a  rule 
would  make  the  carrier's  revenue  the  sole  criterion  of  its 
charges,  subject  to  the  single  limitation  that  rates  must  be 
open  to  all.  It  would  be  speedily  discovered  that  traffic  is 
divided  into  two  classes,  according  to  whether  its  volume  is 
limited  by  the  rate  charged.  Upon  many  articles  it  would 
be  found  that  lower  rates  produce  increasing  revenue,  and 
upon  such  articles  reductions  to  the  point  of  highest  net 
revenue  would  at  once  follow.  Upon  other  articles,  not  thus 
affected  in  their  movement  by  the  rates  charged,  a  final  re- 
duction would  ensue,  consequent  upon  the  greater  contribu- 
tion of  articles  of  the  former  class  to  the  items  of  joint 
expense. 

The  ultimate  result  of  the  enlightened  and  consistent  exe- 
cution by  a  large  number  of  important  railways,  or,  better 
still,  by  a  consolidated  railway  exclusively  operating  in  a 
large  territory,  of  a  policy  similar  to  that  outlined,  would 
certainly  be  rates  much  lower  than  the  legislative  maximums 
now  regarded  as  amounting  to  the  practical  confiscation  of 
railway  properties. 

IVatkingUm,  D.  C.  H.  T.  NEWCOMB. 

[360] 


THE  ECONOMIC  FUNCTION  OF  WOMAN. 

Social  reformers  have  usually  found  in  the  political  econo- 
mist an  enemy  or  at  best  a  very  conservative  ally.  The 
social  reformer  has  often  come  from  the  ranks  of  the  politicians 
and  statesmen ;  still  more  often  has  he  appeared  as  a  moral  or 
religious  prophet;  but  seldom  have  the  r61es  of  reformer 
and  economist  been  united  in  one  person.  In  answer  to  the 
searching  question,  shall  men  be  reformed  or  shall  they  be 
fed,  the  economist  has  held  consistently  to  the  position  that 
they  must  at  any  rate  be  fed.  The  social  reformer  has 
wavered  between  two  opinions,  admitting  the  contention  of 
the  economist,  but  forgetting  it  straightway  when  his  activity 
begins. 

The  social  reformer  would  simplify  and  eliminate,  until 
but  some  one  thing  needful  remains  as  an  immediate  and 
final  step  in  attaining  social  salvation.  The  economist 
insists  upon  the  inherent  difl&culty  and  complexity  of  social 
progress  declaring  that  any  step  forward  must  be  based  on 
material  prosperity  and  that  material  prosperity  must  be 
based  on  efficient  wealth  production  and  economical  wealth 
consumption. 

Though  there  has  been  this  rift  between  the  leaders  of 
social  reform  movements  and  the  movements  of  economic 
theory  it  is  not  to  be  inferred  that  there  has  been  no  definite 
relation  between  the  development  of  economic  science  and  the 
changing  social  and  industrial  conditions  of  men.  Economic 
theory  has  contained  within  itself  the  germ  of  evolutionary 
growth.  If  in  looking  back  upon  its  history  we  ignore 
social  changes  we  shall  be  tempted  to  describe  the  develop- 
ment of  the  science  as  a  mere  series  of  errors  and  refutations 
of  error;  for  it  has  been  continually  engaged  in  discarding 
outgrown  theories.  This  is  not,  however,  a  distinguishing 
characteristic  of  economics.  An  Oxford  lecturer  on  geography 

[361] 


46  Annaxs  of  the  American  Academy. 

remarks  that  the  history  of  the  science  of  geography  is 
particularly  interesting  because  it  exhibits  a  surprising 
number  of  gross  errors,  accepted  as  truths  in  one  generation 
and  refuted  by  the  discoveries  of  succeeding  generations. 
Political  economy  simply  shares  this  characteristic  with  geog- 
raphy and  with  other  physical  sciences  which  boast  as  many 
and  as  serious  errors  as  either.  There  is  one  difiference 
which  should  be  noted.  The  modifications  in  geography 
have  been  made  not  because  the  geographical  configurations 
have  actually  changed,  not  because  parallels  and  meridians 
could  have  been  at  any  time  more  conveniently  located  than 
they  now  are,  but  because  knowledge  has  increased  with 
the  centuries  and  new  facts  about  existing  objects  have  been 
discovered,  while  in  economics  the  changes  have  been  in  a 
much  less  measure  due  to  the  discovery  of  hitherto  undis- 
covered relations,  to  a  clearer  sight  and  a  more  accurate 
judgment.  They  have  been  made  in  large  part  because 
the  data  of  the  scieince  have  themselves  changed.  Econo- 
mics has  to  do  with  relations  between  changing  and  pro- 
gressive beings  and  those  relations  cannot  be  constant. 
Each  great  system  of  economics,  the  Mercantilist,  the  Physi- 
ocratic  and  the  Malthusian,  no  less  than  the  Ricardian,  has 
arisen  to  explain  industrial  conditions  which  actually  existed, 
and  each  has  embodied  or  prophesied  either  temporary 
remedies  or  a  far-reaching  reform.  Social  reformers  have 
sometimes  recognized  this  bridge  between  the  present  and 
the  future ;  in  other  words,  they  have  recognized  the  eco- 
nomic basis  of  their  proposed  reforms.  The  result  of  such 
recognition  may  be  to  dampen  excessive  zeal,  but  it  will 
often  increase  real  efficiency.  When  a  reformer  realizes 
that  the  slow-moving  but  potent  economic  forces  are  work- 
ing in  the  direction  of  his  cherished  reform,  he  may  well 
become  more  patient,  but  he  may  also  become  more  calmly 
confident,  and  his  ardor  may  even  become  greater. 

If  it  were  not  for  the  economic  element  in  the  single  tax 
movement,  in  the  movement  for  the  organization  of  labor, 

[3^2] 


The  Economic  Function  of  Woman.  47 

in  the  movement  for  the  nationalization  or  the  municipaliza- 
tion of  industries,  and  in  the  temperance  movement,  there 
would  be  little  in  any  of  them  to  explain  their  vitalit5^ 
' '  Progress  and  Poverty  ' '  startled  and  held  the  attention  of 
thinking  people,  because  it  boldly  rested  its  case  on  one 
universally  recognized  industrial  fact  and  one  almost  uni- 
versally accepted  economic  theory.  The  persistence  of 
poverty  in  the  midst  of  progress,  deepest  and  most  abject  at 
the  very  spot  where  the  accumulation  of  wealth  is  greatest, 
is  the  obvious  fact.  The  theory  that,  of  the  various  shares 
in  distribution,  land  rent  alone  is  an  income  secured  without 
any  corresponding  service,  that  it  absorbs  all, the  advantages 
which  accrue  from  superior  soils  and  from  superior  location 
— the  economic  theory  of  rent — forms  the  second  pillar  of  the 
single  tax  doctrines.  The  statement  of  this  fact  and  this 
theory,  interwoven  with  wonderful  skill,  and  yet  wonderful 
simplicity,  constitutes  the  substance  of  the  single  tax  litera- 
ture— a  literature  which  has  perhaps  done  more  than  any 
other  literature  of  the  generation  to  give  for  the  general 
reading  public  a  meaning  to  economic  theory  and  an  inter- 
pretation to  industrial  facts. 

The  movement  for  the  better  organization  of  labor  to 
protect  its  interests  finds  also  its  economic  basis.  This  is 
recognized  by  economists  as  early  as  Adam  Smith  and  as 
recent  as  General  Walker.  The  former  very  distinctly 
warned  laborers  that  masters  were  in  a  universal,  though 
tacit,  combination  not  to  allow  wages  to  moimt  any  higher 
and  whenever  possible  to  bring  them  lower.  The  movement 
for  the  organization  of  labor — organization  in  order  that 
action  might  be  always  more  intelligent  and  more  con- 
servative because  better  considered;  organization  in  order 
that  action  might  be  more  effective  because  united;  organ- 
ization for  educational  as  well  as  for  directly  practical  ends — 
finds  swift  acceleration  in  the  same  conditions  that  decree  a 
profit  from  the  combination  of  employers  and  the  consolida- 
tion of  their  funds. 

[363] 


48  Annals  of  ths  American  Academy. 

Nationalism,  too,  socialism,  collectivism,  or  whatever  be 
the  best  term  to  designate  the  increase  of  united  industrial 
action  through  the  means  of  political  machinery,  has  little 
difficulty  in  justifying  its  attacks  on  many  features  of  the 
existing  industrial  system,  on  the  ground  that  they  have 
become  from  an  economic  standpoint  unsound  and  wasteful. 
We  are  witnessing  a  most  interesting  movement  in  this  per- 
sistent extension  of  municipal  and  State  activity  to  one 
field  after  another,  in  the  interests  not  of  a  ruling  family  or 
of  a  class,  but  really  in  the  interests  of  the  State,  of  the 
people. 

We  should  be  willing  to  see  it  go  on  until  the  people,  after 
experiment,  have  deliberately  and  intelligently  decided  in 
regard  to  every  separate  branch  of  industry  whether  it  shall 
be  managed  on  coUectivistic  or  individualistic  principles.  If 
the  science  of  economics  pronounces  no  dictum  in  favor  of 
socialism,  neither  does  it  pronounce  against  it.  Public  or 
private  management  is  a  question  which  in  the  future  must 
be  decided  not  once  for  all,  on  rigid  lines,  but  for  each 
branch  of  industry  upon  its  individual  merits.  That  which 
secures  the  most  efl&cient  production  and  the  most  economi- 
cal consumption  is  economically  best. 

The  economic  basis  of  the  temperance  agitation  is  com- 
prehensibly discussed  in  a  paper  submitted  to  the  Academy 
in  1 89 1.*  It  is  shown  that  the  climatic  and  social  conditions 
of  America  tend  to  make  more  acute  the  distinction  between 
the  drinking  and  the  non-drinking  classes.  When  from  the 
consumption  of  the  lighter  beverages  the  former  pleasure  is 
no  longer  obtainable  the  one  class  resorts  to  stronger  drinks, 
the  other  to  new  varieties  of  food.  The  economic  tendencies 
favor  that  class  which  makes  the  best  use  of  the  natural 
resources  and  is  thus  able  to  make  the  higher  bids  for  land 
and  for  labor.  Thus  in  the  economic  conflict  between  the 
drinking  and  the  abstaining  classes  the  latter  have  an  advan- 
tage of  which  they  may  not  always  be  conscious,  but  which 

•, "  Bconomlc  Basis  of  Prohibition.    Annals,  Vol.  U,  p.  59.     July,  1891. 

[364] 


The  Economic  Function  of  Woman.  49 

is  nevertheless  the  most  powerful  factor  in  the  whole  temper- 
ance reform. 

Is  there  anything  corresponding  to  this  in  the  movement 
for  the  improvement  of  the  industrial  position  of  woman  ? 
Does  the  current  political  economy  adequately  recognize  the 
economic  function  that  woman  performs  ?  The  brief  refer- 
ence that  has  been  made  to  four  big  problems  of  the  present 
day  is  not  intended  to  be  exhaustive,  but  to  introduce  a 
somewhat  fuller  discussion  of  these  two  questions.  It  would 
seem  that  we  are  on  the  brink  of  significant  changes  in  polit- 
ical economy.  I  wish  first  to  examine  the  past  attitude  of 
economics  toward  the  position  of  woman  in  the  industrial 
society  and  then  to  consider  what  modifications  are  involved 
in  the  impending  changes. 

There  are  but  two  great  fields  of  economic  activity — con- 
sumption and  production.  Every  act  of  which  economics 
takes  cognizance  is  an  act  of  consumption  or  an  act  of  pro- 
duction. Production  is  the  creation  of  utilities.  Consump- 
tion is  their  destruction  in  such  manner  as  to  secure  the 
intended  satisfaction.  That  department  of  economics  which 
deals  with  production  considers  how  wealth  is  brought  into 
existence,  how  the  number  of  useful  things  is  increased. 
Consumption  considers  how  these  usefiil  things,  this  wealth 
is  enjoyed.  Textbooks  recognize  two  additional  departments 
of  economic  inquiry — distribution  and  exchange.  But  every 
act  of  exchange  is  also  an  act  of  production  and  there  can 
hardly  be  said  to  be  such  a  thing  as  an  act  of  distribution. 
The  merchant  and  also  his  customer,  the  seller  and  buyer 
alike  in  every  ordinary  exchange  of  products  are  producers 
of  wealth.  There  is  here  a  separate  field  of  inquiry  in  the 
series  of  questions  that  arise  out  of  the  motive  for  the  ex- 
changes. We  may  ask  why  products  exchange  as  they  do. 
We  may  inquire  why  men  subjectively  estimate  them  as  they 
do.  The  exchange  of  products  forms  thus  a  distinct  field 
of  economic  investigation,  but  there  is  no  act  of  exchange 
that  is  not  also  an  act  of  production.     Neither  is  any  one 

[365] 


50  Annai<s  of  the  American  Academy. 

engaged  in  a  distinct  process  which  we  may  properly  term  dis- 
tribution. All  that  we  can  say  is  that  wealth  is  produced  and 
that  somehow  when  wealth  is  produced  it  is  also  distributed. 
There  is  no  building  or  street  in  which  we  may  observe  dis- 
tribution taking  place.  It  is  a  process  which  is  involved  in 
the  very  process  of  production.  Like  exchange  it  is  a  sepa- 
rate field  of  inquiry,  but  it  is  not  a  separate  field  of  indus- 
trial activity.  We  may  inquire  why,  when  production  is 
complete  and  products  thrown  out,  they  go  here,  rather  than 
there.  We  may  investigate  the  forces  which  are  operative 
in  determining  the  objective  values  of  commodities,  in  fixing 
market  prices  and  in  dividing  wealth  among  individuals,  but 
we  shall  look  in  vain  to  find  any  man  or  set  of  men  who  are 
authorized  to  arrange  such  distribution.  The  buzzing  of 
the  immense  machine  of  trade  and  industry  in  all  its  parts  is 
the  noise  of  production  and  its  products  include  all  valuable 
things.  Look  as  closely  as  we  may  we  shall  find  only  these 
two  forms  of  economic  activity  among  men:  the  production 
of  wealth,  /.  e.,  the  making  of  useful  things;  and  the  con- 
sumption of  wealth,  i.  e. ,  the  using  of  these  things. 

It  is  evident  therefore  that  if  we  are  to  take  up  the  study 
of  wealth  we  must  direct  our  attention  either  to  production 
or  to  consumption.  It  is  not  strange  that  the  first  of  these 
processes  has  first  attracted  attention.  Productive  activities 
are  more  obvious,  more  easily  classified,  and  when  they 
assume  large  proportions  less  common-place.  But  it  is 
nevertheless  surprising  that  production  has  so  completely 
engrossed  the  attention  of  economists  that  consumption  has 
been  almost  entirely  ignored.  The  fact  has  been  partially 
concealed  by  the  division  of  the  discussion  into  the  three 
great  departments  of  production,  exchange,  distribution. 
When  this  division  has  disappeared  it  is  revealed  that  writers 
have  been  engaged  solely  with  such  inquiries  as  these:  How 
may  the  utilities  be  made  as  great  as  possible  ?  How  may  the 
distribution  of  our  national  wealth  be  modified  ?  How  may 
the  factories  be  kept  going?  How  may  the  circulating  medium 

[366] 


The  Economic  Function  of  Woman.  51 

be  made  most  effective  ?  How  may  transportation  and  the 
system  of  wholesale  and  retail  trade  be  perfected  ?  How  may 
wealth  be  so  distributed  as  to  keep  the  capital  ftmd  intact  and 
laborers  sufficiently  well  fed  and  sheltered  to  enable  them  to 
continue  efficient  producers?  Economists  have  seemed  to 
care  very  much  about  adding  to  the  wealth  fund,  but  they 
have  seldom  inquired  whether  the  wealth  thus  produced  is 
consumed  in  accordance  with  sound  principles  of  economics 
— whether  the  right  things  are  called  for  from  producers — 
whether  there  are  any  principles  of  consumption  governing 
these  matters  at  all.  Consumption  is  subordinated  in 
importance  to  production,  and  that,  when  we  consider  it,  is 
one  of  the  strangest  and  most  unnatural  inversions  that  the 
history  of  any  science  has  ever  disclosed. 

Economics,  the  writers  have  defined  as  the  science  of 
wealth.  They  have  made  under  that  head  a  detailed  study 
of  machinery,  of  patents,  of  division  of  labor,  of  currency 
and  banking,  and  the  movements  of  prices,  of  transporta- 
tion, of  rent,  of  profits,  of  wages.  But  there  are  no  dis- 
cussions on  home  adornment,  on  architecture,  on  music  and 
art,  on  choice  of  books  and  of  newspapers,  on  dress,  on 
travel,  on  food  and  drink,  on  marketing  and  cooking,  on 
social  intercourse — in  short  on  the  consumption  of  wealth — 
on  the  use  of  those  things  which  with  our  money  and  bank- 
ing, our  machinery  and  our  patents,  our  business  profits  and 
rent  and  wages  we  are  continually  bringing  into  existence. 

If  political  economy  is  the  science  of  wealth,  it  is  as  much 
concerned  with  the  way  in  which  wealth  is  consumed  as 
with  the  way  in  which  it  is  produced.  If,  as  some  are  already 
preferring  to  call  it,  political  economy  be  the  science  of 
human  wants,  then  it  is  even  more  fundamentally  concerned 
with  the  consumption  than  with  the  production  of  wealth. 
The  most  profoundly  significant  of  the  impending  changes 
in  economics  is  this  very  transfer  of  the  centre  of  discussion 
from  the  one  field  to  the  other.  Economists  are  beginning 
to  study  certain  phases  of  consumption,    and   there  is  a 

[367] 


52  Annals  of  the  American  Academy. 

disposition  to  place  this  division  of  the  subject  alongside  of 
production  as  the  co-ordinate  field  of  economic  inquiry.  If 
acquisition  is  the  idea  which  in  the  past  history  of  economics 
has  been  all  but  unduly  emphasized,  expenditure  is  the  idea 
which  the  future  of  the  science  will  place  beside  it. 

It  is  this  change  which  involves  a  revolution  in  the  attitude 
of  the  science  toward  the  economic  function  of  woman.  For 
if  it  falls  to  man  chiefly  to  direct  the  general  course  of  pro- 
duction, consumption  is  the  field  which  belongs  pre-emin- 
ently to  woman.  If  the  factory  has  been  the  centre  of  the 
economics  which  has  had  to  do  with  production,  the  home 
will  displace  the  factory  as  the  centre  of  interest  in  a  sys- 
tem which  gives  due  prominence  to  enjoyment  and  use.  I 
would  not  be  misunderstood.  It  is  not  true  that  man  alone 
is  a  producer.  Not  only  has  the  field  of  industry  and  of 
professional  life  been  occupied  and  honorably  so  by  woman, 
but  also  in  the  home  itself  woman  may  be  said  in  the  strictest 
sense  to  be  a  producer  of  wealth.  The  work  of  cook  and 
chambermaid  is  production.  The  direction  of  the  home 
establishment  is  production.  A  steak  is  worth  more  broiled 
and  placed  on  the  table  than  it  is  in  the  butcher  boy's  tray. 
We  recognize  that  if  it  is  a  question  of  paying  for  it  in  an 
eating  house;  so  should  we  also  recognize  it  in  our  own 
dining  rooms.  Rugs  and  carpets  are  worth  more  after  they 
are  swept  and  cleaned.  We  recognize  that  at  house-cleaning 
time  if  we  pay  a  man  to  carry  them  away  for  a  beating;  so 
should  we  also  recognize  it  when  with  far  greater  labor  they 
are  kept  bright  and  clean  by  the  daily  use  of  the  broom. 

Nevertheless  there  is  a  propriety  in  assigning  the  field  of 
production  to  man  since  the  grosser  forms  of  production, 
those  things  which  in  fact  have  most  attracted  the  attention 
of  economists  have  been  mainly  carried  on  by  the  labor  of 
man.  Production  on  a  large  scale  has  been  in  his  hands. 
Manufacturing  establishments,  canals,  railways,  the  trades, 
so  also  the  industries  which  have  to  do  with  the  mechanism 
of  exchange,  banks  and  clearing  houses — these  have  all  been 

[368] 


The  Economic  Function  of  Woman.  53 

manipulated  by  men.  To  woman  has  fallen  the  task  of 
directing  how  the  wealth  brought  into  the  house  shall  be 
used,  whether  much  or  little  shall  be  made  of  it,  and  what 
kind  of  wealth  shall  be  brought.  In  the  current  theories, 
the  importance  of  this  latter  function  has  been  absurdly- 
underestimated.  With  a  clearer  recognition  of  its  true  rela- 
tion to  the  whole  subject  of  wealth  there  must  result  an 
increased  respect  on  the  part  of  economists  for  the  industrial 
functions  which  woman  performs.  Incidentally  there  may 
also  result  an  increased  interest  on  the  part  of  women  in  the 
study  of  economics,  since  such  a  recognition  would  imply 
scientific  discussion  of  subjects  in  which  they  are  in  the 
nature  of  the  case  interested. 

The  true  object  of  the  science  of  economics  is  the  investi- 
gation of  the  essential  conditions  of  industrial  and  social 
prosperity.  Some  writers  have  restricted  its  scope  to  the 
field  of  exchange  and  have  defined  it  as  the  science  of  value; 
but  in  the  hands  of  its  greatest  masters  economics  has  been 
a  theory  of  prosperity  rather  than  of  value.  The  new 
emphasis  on  consumption  is  a  new  recognition  of  this  older 
and  more  fruitful  conception. 

There  are  three  ways  in  which  prosperity  may  be  increased: 
We  may  choose  more  wisely  what  things  we  shall  produce; 
we  may  produce  more  efiiciently;  we  may  consiune  more 
economically.  The  wiser  choice  and  the  more  economical 
use  alike  fall  within  the  range  of  what  in  economics  is  called 
consumption  or  demand.  Choice  and  use  are  related  more 
closely  than  would  appear  at  first  sight  and  their  relation  is 
somewhat  more  complicated.  It  is  more  complicated  than  it 
would  be  if  no  specific  article  were  produced  before  it  had 
been  ordered  by  the  one  who  is  to  consume  it.  We  do  fre- 
quently order  shoes,  clothes  or  houses  in  this  way;  but  our 
ordinary  plan  is  for  the  consumer  to  choose  from  a  stock 
already  produced.  Nevertheless,  choice  logically  precedes 
production.  The  only  result  of  the  adoption  of  our  present 
plan  is  that  choice  or,  as  the  technical  word  is,  demand, 

[369] 


54  Annai^  op  ths  American  Academy. 

modifies  production  gradually  instead  of  suddenly.  If  an 
article  is  no  longer  chosen  by  consumers  it  is  no  longer  pro- 
duced. The  production  takes  place  in  view  of  the  antici- 
pated choice.  Production  follows  in  rough  conformity  the 
course  of  demand.  It  even  follows  the  vagaries  of  fashion 
no  less  faithfully  than  the  steadier  undulations  of  normal 
demand.  It  never  anticipates  choice  very  far.  It  takes  few 
real  risks. 

Thus  choice  is  able  to  affect  general  prosperity  because  it 
precedes  and  modifies  production  and  this  modification  may 
be  of  a  kind  that  will  lead  to  a  fuller  utilization  of  natural 
resoinrces  or  the  exact  opposite.  Frequently  there  is  more 
than  one  commodity  that  would  satisfy  a  given  want.  In 
such  cases  the  selection  of  a  particular  one  would  nearly 
always  enable  the  productive  resources  to  be  more  fully 
utilized  than  the  selection  of  any  of  the  others.  The  selec- 
tion of  that  one  by  consumers  would  directly  promote  gen- 
eral prosperity,  while  the  choice  of  others  would  retard  it. 
We  desire,  for  instance,  fuel  in  our  homes  for  cooking  and 
for  warmth.  If  all  people  use  wood  to  supply  that  desire 
there  arises  a  very  heavy  demand  for  wood.  I^ands  which 
produce  the  fuel  demanded  become  very  valuable.  Pro- 
ducers of  wood  receive  a  high  price  for  their  commodity  and 
are  benefited,  but  consumers  limited  by  their  own  action  in 
choosing  this  one  variety  of  fuel  only  suffer  distinct  loss. 
If  now  some  consumers  choose,  instead  of  wood,  bituminous 
coal,  the  general  prosperity  is  thereby  increased.  The 
desire  for  heat  is  met  as  before;  but  a  new  resource  is  drawn 
upon.  If  previously  there  was  a  monopoly  of  wood  lands 
the  value  of  the  monopoly  has  greatly  declined  and  society 
has  reaped  the  advantage.  The  modification  in  consumption 
has  not  only  added  to  the  social  resources,  but  has  brought 
about  a  more  advantageous  distribution  of  wealth.  If^ 
later,  anthracite  coal,  and  natural  gas,  and  various  kinds  of  oil 
are  added  to  the  list  of  available  fuels  a  new  advantage  is 
gained  and  prosperity  promoted  at  every  step. 

[370] 


The  Economic  Function  of  Woman.  55 

This  process  is  especially  obvious  in  the  choice  of  articles  of 
diet  because  of  the  fact  that  the  economic  principle  is  rein- 
forced by  physiological  considerations.  The  variety  in  con- 
sumption utilizes  existing  resources  more  fully  and  the  variety 
in  diet  enables  the  systematic  demand  for  food  to  be  more  easily 
met.  When  the  diet  is  so  varied  as  to  include  the  various 
classes  of  food  needed  by  the  system  fewer  poimds  of  fuel  are 
required.  But  in  general  it  is  true  that  every  new  article 
demanded  to  .supply  an  existing  desire  calls  on  some  reserve 
fund  in  nature  and  may  directly  promote  the  general  well- 
being.  If  we  wear  only  cotton  dress  we  fail  to  get  any  bene- 
fit from  lands  which  are  suitable  for  sheep  pasture,  but  not 
for  cotton  raising  and  from  the  resources  which  might  be 
devoted  to  the  production  of  silk.  The  principle  holds  good 
in  travel,  in  literature,  in  music,  in  art.  The  greatest  enjoy- 
ment is  obtained  when  demand  is  such  as  to  call  forth  the 
most  varied  talents  and  acquirements.  In  every  field  it  is 
true  that  the  choice  ot  pleasures  may  be  such  as  to  promote 
prosperity  or  it  may  be,  and  too  often  is,  such  as  to  limit 
pleasure  to  the  lowest  minimum  which  it  is  possible  for  the 
productive  powers  to  provide. 

That  the  prosperity  of  societj^  may  be  promoted,  secondly, 
by  a  more  efficient  employment  of  the  productive  forces  is  a 
fact  so  generally  recognized  that  no  reference  to  it  would  be 
necessary  except  to  make  it  clear  that  in  emphasizing  the 
importance  of  consumption  I  have  no  intention  of  underes- 
timatipg  the  importance  of  efficient  production. 

But  thirdly,  we  may  look  for  a  radical  improvement  in 
general  economic  conditions  from  a  wiser  use  of  the  wealth 
which  we  have  chosen  to  produce.  The  degree  of  enjoyment 
which  may  be  obtained  from  a  given  amount  of  wealth 
depends  mainly  upon  two  things:  the  subjective  condition 
of  the  consumer  detennining  his  capacity  for  enjoyment; 
and  secondly,  the  relations  that  may  be  established  among 
the  various  articles  whicli  enter  into  the  consumption — the 
combinations  which  the  consumer  is  able  to  make — the 

[371] 


56  Annals  of  the  American  Academy. 

harmony  which  he  may  be  able  to  establish  in  the  various 
departments  of  his  consumption.  The  social  progress  of  the 
race  exhibits  a  tendency  toward  diversity,  toward  variety  in 
consumption;  but  also  another  tendency  toward  greater  har- 
mony within  these  separate  parts,  and  a  greater  harmony 
between  these  parts  in  their  union  to  form  that  whole  com- 
plex which  we  call  human  existence.  There  is  nothing 
incompatible  either  in  economics  or  in  general  biology  in 
these  two  tendencies  toward  greater  diversity  and  greater 
harmony.  A  more  distinct  co-ordination  may  preside  over 
a  continued  diflferentiation.  This  is  a  law  of  biological 
development,  and  it  is  the  law  of  the  standard  of  living. 
Yet  these  are  not  to  be  regarded  as  blind  tendencies  operat- 
ing independently  of  man's  economic  activity.  Harmonious 
groups  are  found  to  yield  greater  pleasure,  and  thus  they  dis- 
place the  older  and  cruder  groups.  Half  instinctively,  half 
consciously  the  reign  of  harmony  is  extended  until  it  tends 
to  cover  the  whole  field  of  consumption. 

Professor  Patten  *  has  suggested  the  word  complement  for 
any  such  group  of  commodities,  of  which  the  combined  utility 
is  greater  than  the  sum  of  the  utilities  of  the  separate  parts. 
The  reason  for  the  increase  of  utility  is  that  the  parts  form 
a  synthesis  by  entering  into  harmonious  combination  with 
each  other.  The  pleasure  derived  from  the  consumption  of 
the  complement  is  greater  than  the  total  pleasure  which 
could  be  obtained  from  the  consumption  in  isolation  of  its 
separate  parts.  The  classic  illustration  is  of  a  dinner,  in 
which  the  pleasure  derived  from  the  meal,  with  its  courses 
served  in  proper  order,  the  condiments  applied  to  the  dishes 
for  which  they  were  intended,  the  dressing  and  gravies  put 
where  they  belong,  the  whole  served  in  the  manner  which 
the  diner  finds  most  pleasing  and  enlivened,  it  may  be  with 
social  intercourse — the  pleasure  in  short  from  a  dinner  with 
all  that  the  word  implies  is  greater  far  than  could  be  obtained 

•  "  Economic  Causes  of  Moral  Progress."    Annals,  Vol.  Ill,  p.  134.    September, 
I89>. 

[372] 


The  Economic  Function  of  Woman.  57 

from  the  same  quantities  of  food  sundered  from  each  other, 
each  consumed  for  its  own  sake.  Many  commodities,  like 
salt,  which  have  positive  utility  when  taken  in  combination, 
are  found  to  have  a  decidedly  negative  utility  when  taken  in 
isolation.  It  is  not  possible  to  ascertain  the  utility  of  the 
complement  dinner  by  adding  the  separate  utilities  of  the 
items  of  which  it  is  composed,  but  only  by  considering  the 
amount  of  pleasure  which  the  dinner  actually  gives. 

There  is  anotlier  more  complex  complement  into  the  com- 
position of  which  the  complement  dinner  enters  as  one  and 
not  the  least,  nor  j^et  the  greatest  element.  Food  and  a 
house  or  a  part  of  a  house;  house  furnishing,  the  presence 
of  kindred  and  certain  associated  enjoyments  we  are  wont  to 
designate  collectively  as  home.  I  have  not  fully  enumerated 
its  elements.  Poets  have  long  been  struggling  to  convey  in 
verse  an  adequate  idea  of  the  content  of  the  word  home, 
and  they  have  not  failed,  though  they  have  not  agreed.  The 
tendency  to  exalt  some  one  element  of  the  complex  whole, 
to  make  it  stand  for  the  entire  conception  is  not  an  excep- 
tional and  unusual  tendency,  but  is  to  be  met  with  in  every 
act  of  economic  judgment.  The  pleasure  is  a  unit,  but  the 
commodity  which  confers  it  is  complex.  The  consiuner 
must  distribute  the  credit  for  the  pleasure  experienced 
among  the  different  individual  elements  which  have  together 
conferred  the  pleasure.  In  the  case  of  the  dinner  we  are 
apt  to  ascribe  the  agreeable  result  of  the  whole  mainly  to 
some  new  or  favorite  dish  which  may  not  have  occupied  a 
ver>'  prominent  place,  so  far  as  its  quantity  or  its  separate 
utility  is  concerned,  but  which  is  recognized  as  completing 
the  combination  and  adding  materially  to  the  utility  of  the 
whole. 

In  the  home  it  may  be  the  particular  homestead,  the  social 
environment,  the  presence  of  certain  features  of  the  natural 
scenery:  a  mountain,  the  sea,  the  woods,  the  boundless 
prairie;  or  it  is  the  well-stocked  library,  or  the  musical 
studio,  or  it  is  the  nursery  and  the  school-room  and  the 

[373] 


58  Annai^  of  thk  American  Academy. 

play-room  of  the  babies,  or  it  is  the  family  altar  of  worship, 
or  the  provident  care  of  the  father,  or  more  often  than  any,  in- 
terwoven with  all  other  elements  and  giving  a  meaning  to 
them  all  and  forming  the  very  keystone  in  this  arch  of  en- 
joyment that  we  call  home,  is  the  mother's  love  for  the 
family  and  the  home  she  has  made  them.  Any  one  of  these 
individual  sources  of  enjoyment  may  assume  the  prominent 
place  at  a  given  moment  but  oftenest  this  one.  To  woman 
it  is  given  to  add  many  fold  to  the  enjoyment  which  the 
wealth  products  of  industry  are  able  to  secure. 

This  is  not  a  sentimental  but  a  purely  economic  view  of 
woman's  work.  Utility,  /.  e.,  the  power  to  confer  pleasure 
is  an  economic  concept.  The  production  of  wealth  is 
nothing  less  nor  more  than  the  process  of  adding  to  the  util- 
ity the  pleasure  giving  power  of  commodities.  If  now  these 
commodities  can  be  so  arranged  and  grouped  for  consump- 
tion as  to  make  them  yield  more  pleasure  than  if  they  are 
consumed  in  a  haphazard  way,  then  the  one  who  secures 
that  result,  performs  just  as  distinctly  an  economic  function 
as  does  the  one  whom  we  call  technically  a  producer.  This 
function  I  have  called  the  direction  of  wealth  consumption. 
It  does  not  devolve  entirely  upon  woman,  but  it  does  very 
largely.  It  is  hers  to  determine  not  only  what  commodities 
shall  be  chosen  and  produced,  but  also  what  combinations 
shall  be  made,  what  degree  of  harmony  shall  be  secured  in 
the  consumption  of  the  commodities  that  have  been  pro- 
duced. 

I  have  indicated  three  methods  by  which  general  prosper- 
ity may  be  increased:  a  better  choice,  a  better  production,  a 
better  consumption.  In  comparing  the  relative  importance 
of  the  three  methods  it  will  be  found  that  there  are  greater 
immediate  possibilities  in  the  third  than  in  either  of  the 
others  and  that  of  the  two  that  remain,  the  first  is  more  im- 
portant than  the  second.  It  is  the  present  duty  of  the  econ- 
omist to  insist  upon  this,  to  magnify  the  oflfice  of  the  wealth 
expender,  to  accompany  her  to  the  very  threshold  of  the 

[374] 


The  Economic  Function  of  Woman.  59 

home  that  he  may  point  out,  with  untiring  vigilance,  its 
woeful  defects,  its  emptiness  caused  not  so  much  by  lack  of 
income  as  by  lack  of  knowledge  of  how  to  spend  wisely. 
In  the  role  of  the  economist  he  may  not  enter  to  direct  just 
what  works  of  art  or  what  food  products  should  be  selected, 
just  what  combinations  of  color  would  most  beautify  a  par- 
ticular sitting  room,  just  what  arrangement  of  furniture  is 
best.  He  may  plead  the  limits  of  human  ability  in  securing 
detailed  knowledge,  but  he  may  assert  his  right  to  pass  in 
review  the  work  of  minor  advisers  like  the  merchant,  the 
decorator  and  the  furnisher.  There  is  no  principle  of  wealth 
enjoyment  higher  than  the  economic.  There  is  no  economic 
function  higher  than  that  of  determining  how  wealth  shall 
be  used.  Even  if  man  remain  the  chief  producer  and  woman 
remain  the  chief  factor  in  determining  how  wealth  shall  be 
used,  the  economic  position  of  woman  will  not  be  considered 
by  those  who  judge  with  discrimination  as  inferior  to  that  of 
man.  Both  may  in  their  respective  positions  contribute 
directly  and  powerfully  to  the  advancement  of  general 
prosperity. 

We  have  temporarily  left  out  of  view  the  case  of  women 
who  have  entered  the  ranks  of  producers  in  the  technical 
sense,  and  whose  just  complaint  is  that  their  rewards  as  pro- 
ducers are  not  commensurate  with  their  services  or  with  the 
rewards  of  male  producers  in  the  same  industries.  There  are 
many  reform  movements  on  foot  of  which  the  object  is  to  mend 
and  ultimately  to  end  these  inequalities.  Among  those  espe- 
cially noteworthy  is  the  far-seeing  action  of  certain  of  the 
labor  organizations  in  championing  the  claims  of  woman,  the 
movement  for  more  stringent  legal  protection,  the  organiza- 
tion of  women's  clubs,  guilds  and  unions,  the  preparation  of 
* '  black  lists ' '  and  of  * '  white  lists. '  *  Results  by  no  means 
insignificant  have  already  been  achieved  in  these  directions. 
What  is  chiefly  significant,  however,  is  that  these  move- 
ments are  in  accord  with  the  economic  tendencies  of  our 
time.     So  far  as  those  tendencies  are  revealed  by  a  study  of 

[375] 


6o  Annals  of  the  American  Academy. 

the  course  of  consumption  they  are  in  the  direction  of  in- 
creased variety  not  only  in  food,  a  department  which  is  of 
the  least  interest  to  the  body  of  woman  producers,  because 
they  do  not  produce  food,  but  also  in  the  departments  of 
personal  and  house  adornment.  The  increased  variety  in 
these  departments  of  consumption  is  of  the  most  immediate 
concern  to  women  producers,  since  it  is  accompanied  by  an 
increased  demand  for  articles  which  require  that  delicacy  of 
handling  in  both  manufacture  and  sale  which  women  are 
best  fitted  to  give.  Increased  attention  to  the  refinements 
of  civilization  means  a  relative  increase  in  the  demand  for 
woman's  labor.  More  discriminating  choice  necessitates 
more  discriminating  production.  With  every  advance  in 
consumption  mere  muscular  strength  is  placed  at  a  heavier 
discount  while  tact,  delicacy  of  touch,  ability  in  harmonizing 
colors  and  in  giving  a  beauty  to  articles  which  before  served 
useful  purposes  without  at  the  same  time  pleasing  the  eye 
by  their  form,  in  other  words,  the  qualities  in  which  women 
are  admitted  to  excel,  are  placed  at  a  premium.  To  borrow 
Bastiat's  famous  phrase,  '*  that  which  is  not  seen,"  thus  op- 
erates to  the  advantage  of  woman  in  the  economic  conflict 
with  her  male  associates.  Those  who  have  at  heart  a  social 
reform  that  shall  secure  industrial  emancipation  for  woman 
find  an  unexpected  ally  in  the  very  economic  forces  against 
which  they  have  sometimes  felt  that  they  were  waging  a 
losing  battle.  Increased  faith  in  the  future,  increased  confi- 
dence in  the  to-morrow  that  is  seen  to  be  already  breaking, 
must  result  from  the  clear  recognition  of  such  powerful 
Mends. 

Edward  T.  Devine. 

Univertity  of  Pennsylvania, 


[376] 


RELIEF    WORK    CARRIED    ON    IN    THE    WELI^ 
MEMORIAL  INSTITUTE. 


(under  thk  management  of  denison  house,  boston). 

The  Wells  Memorial  Sewing  Rooms  were  opened  during 
the  winter  of  1893-94  by  the  Boston  College  Settlement 
(Denison  House),  to  provide  temporary  work  for  women 
thrown  out  of  employment  by  the  financial  crisis  of  last 
winter. 

During  December  the  residents  of  Denison  House  were  so 
impressed  by  the  suffering  among  their  neighbors  (especially 
among  the  tailoresses  and  other  working  women),  to  whom 
they  could  suggest  no  means  of  finding  work,  that  the 
Denison  House  Committee  determined  to  try  this  method 
of  relief.  The  object  of  the  experiment  was  to  help  self- 
respecting  women,  unused  to  receiving  charitable  aid,  es- 
pecially skilled  workwomen,  such  as  tailoresses  and  dress- 
makers, by  furnishing  them  with  work  imtil  they  could  get 
into  regular  employment  again. 

It  was  decided  to  give  relief,  as  adequate  as  possible,  to  a 
few  women  rather  than  to  give  inadequate  relief  to  a  larger 
number  of  women  for  whom,  because  of  the  help  obtained 
from  us,  the  community  might  feel  no  longer  responsible. 

The  Citizens'  Relief  Committee,  appointed  about  the  same 
time,  had  already  planned  a  sewing  room  for  women,  besides 
outdoor  work  for  men.  The  Denison  House  plan  seemed  to 
them,  however,  to  supply  a  need  that  could  not  so  well  be 
met  by  their  work-rooms  at  Bedford  street,  and  they  offered 
to  contribute  toward  it  the  salary  of  the  manager  and  the 
wages  of  the  workwomen  as  well  as  some  of  the  materials. 
The  work-rooms,  lighted  and  heated,  were  given  rent  fi-ee  by 
the  managers  of  the  Wells  Memorial  Institute.  All  other 
expenses,  including   materials  (outside  those  given  by  the 

[377] 


62  Annai3  of  the  American  Academy. 

Citizens'  Committee) ,  and  all  payments  for  salary  or  wages 
after  March  24,  when  the  subsidy  granted  by  the  Citizens' 
Committee  ceased,  were  met  by  contributions  either  pri- 
vately offered  or  given  in  answer  to  an  appeal  published  in 
the  Boston  papers  of  Saturday,  February  24,  1894. 

The  plans  having  been  decided  on  by  December  23,  all 
preliminary  arrangements  were  made  with  great  dispatch. 
On  December  26,  the  rooms  were  opened  for  cutting,  etc. 
On  December  27,  thirty  women,  personally  known  to  the 
residents  of  Denison  House,  were  received  at  the  work- 
rooms. Within  a  few  days  this  number  increased  to  sixty, 
and  within  two  weeks  to  150  working  in  two  shifts,  each 
shift  being  employed  for  half  a  week,  at  a  uniform  wage  of 
seventy-five  cents  a  day  ($2.25  a  week).  The  number 
was  limited  to  150  each  week,  but  under  great  pressure 
occasionally  reached  175.  The  work  was  in  charge  of  a 
general  manager,  assisted  by  a  cutter,  three  forewomen  and 
a  janitor.  When  necessary  an  assistant  cutter  was  employed. 
A  department  for  investigating  and  admitting  applicants, 
finding  employment  and  giving  relief  in  special  cases,  was 
also  organized. 

The  garments  manufactured  were  the  simplest  style  of 
undergarments  for  adults,  children  and  infants,  plain  dresses 
of  both  wool  and  cotton  for  children  of  all  ages,  wrappers 
and  other  useful  articles  for  invalids,  men's  shirts  of  outing 
flannel,  girls'  and  women's  cotton  shirt-waists,  and  bed 
linen. 

Machine  work  was  put  into  very  few  garments;  the  sewing 
was  for  the  most  part  well  done,  though  a  teacher,  who  was 
also  an  examiner,  was  regularly  employed  later  on  to  assist 
those  workers  who  were  unskilled  in  this  line  of  work. 

About  500  yards  of  material  were  consumed  each  week, 
making  a  total  aggregate  of  10,000  yards,  supplied  from  the 
following  sources:  Citizens'  Relief  Committee,  Boston  City 
Hospital,  Sea  Island  Relief  Committee,  Dedham  Boys' 
Home,  Home  for  Aged  Men,   Children's  Friend  Society, 

[378] 


Reukf  Work  in  the  Weli.  Institute.  63 

New  England  Hospital,   Girls'   Friendly  Society,   Denison 
House. 

In  all  3522  garments  were  manufactured  and  disposed  of 
as  follows: 

1 137  Sisters  of  Charity  (Harrison 

597        Avenue) 104 

607  St.  Vincent's  Asylum   ...       67 

102  Girls'  Friendly  Society  ...       15 

96  Miss  M.  C.  Jackson  (for  dis- 

37      tribution) 123 

8  Roxbur>'  Fire  Sufferers,  pri- 
vate   orders    and    miscel- 

58        laneous  gifts 483 


Citizens'  Relief  Committee 
Sea  Island  Sufferers  .  .  . 
Boston  City  Hospital  .  .  . 
Dedham  Boys'  Home  .  . 
Home  for  Aged  Men  .  .  . 
Children's  Friend  Society 
New  England  Hospital  . 
Baldwinville    Hospital   Cot 

tages 

Salvation  Army  .... 
Travelers'  Aid  Society  . 


67 


21  Total 3522 

It  will  be  seen  from  this  list  that  competition  with  trade 
was  as  far  as  possible  avoided,  the  product  of  the  work- 
rooms being  neither  put  on  the  market  nor  disposed  of  to 
ordinary  consumers.  It  was  not  the  aim  to  manufacture 
goods  for  individuals  so  much  as  for  institutions  which  do 
not  employ  the  regular  shops  for  the  grade  of  work  done  at 
Wells  Memorial:  for  example,  the  orders  filled  for  the  City 
Hospital  were  for  garments  usually  made  by  the  nurses  in 
their  spare  time  in  the  institution,  and  the  taking  of  the  work 
at  Wells  Memorial  deprived  no  shops  or  other  work-rooms 
of  orders. 

STATEMENT  OF  FUNDS  RECEIVED  AND  EXPENDED. 

To  cash  received: 

Citizens'   Relief  Committee 14,743.68 

Contributions  through  Denison  House  ....  2,810.02 


By  sundries: 

♦Wages  (I.75  a  day) I4.836.89 

t  Salaries  and  miscel.  wages  .  .  .  1,189.01 
Work  given  out  in  the  homes  .  .  187.30 
Expert  statistician 47- 10 


I7.553-70 


$6,260.30 


•  ••  Wagfcs  "  were  paid  to  women  on  the  regular  shift. 

tThe  permanent  staff,  also  persons  out  of  employment,  consisted  of  seven.    Of 
these  the  man  employed  as  a  cutter  received  the  largest  salary — $12.00  a  week. 

[379] 


64  Annals  of  the  American  Academy. 

By  amount  brought  forward $6,260.30 

Sewing  machine I20.00 

Bradford,  Thomas  &  Co.,   C.  F. 

Hovey  &  Co.  (materials)  ....       413-35 
Stationery,    expressage  and   sun- 
dries         101.53 

534.88 

♦  Employment  at  Denison  House  .     I223.97 
Given  to  Relief  Work  at  Rev.  E. 

E.  Hale's  church 50.00 

Returned  to  Citizens'  Relief  Com- 
mittee             84.60 

358.57 

Balance  in  hand  of  Denison  House  to  be 

used  for  emplojmient 399-95 

17.553- 70 

In  regard  to  applicants  for  work  the  facts  are  as  follows: 
Of  692  recorded   applicants,    100  were  not  investigated 
and   268   were    refused   after    investigation,    though   never 
without  an  attempt  to  refer  those  in  need  to  other  sources 
of  help.     In  some  cases  work  was  found  for  applicants,  f 

*  Employment  at  Denison  House  was  in  the  form  of  extra  domestic  service, 
carpentering,  painting,  sewing,  shoveling  of  snow,  etc.,  ways  in  which  every 
householder  may  give  work-relief. 

t  Applicants  Refused. 
Of  368  applicants  refused: 

37  had  found  regular  employment  (or  some  member  of  the  family  had 
done  so). 

66  had  found  work  at  other  relief  rooms. 

32  had  been  referred  to  other  relief  rooms,  but  failed  to  secure  work,  be- 
cause not.  suitable. 

14  were  referred  with  notes  to  the  Associated  Charities. 

24  were  referred  with  notes  to  other  charities. 

13  were  referred  to  Women's  Educational  and  Industrial  Union  for  house- 
work,   of  these  three  are  known  to  have  obtained  work. 

ao  could  not  be  found  at  address  given. 

24  did  not  app>ear  to  need  relief  work. 

5  were  otherwise  cared   for,  e.  g.y  had  fare  paid  to  home    had  a  home 

found  in  country,  were  sent  to  hospital,  etc. 

6  were  outside  of  city  limits. 

13  were  of  unfit  class,  as  beggars,  peddlers,  persons  wholly  unable  to  sew 

and  others. 
16  were  refused  for  cause  not  stated. 
Risumi.    368  persons  refused ;  of  these  106  found  work  elsewhere  ;  40  found  reg- 
ular employment,  and  66  found  temporary  work-relief  in  other  rooms. 

[380] 


Reuef  Work  in  the  Wells  Institute.         65 

Of  the  total  number  of  applicants  no  record  was  kept. 
During  the  first  two  days  alone  300  persons  applied,  many 
of  whom  were  so  evidently  not  of  the  class  for  whom  the 
work  was  intended  that  they  were  turned  away  without  reg- 
istration, though  not  without  some  suggestion  or  advice. 
Though  the  demand  for  work  was  not  so  great  after  the  first, . 
the  recorded  number  probably  represents  not  more  than 
half  of  the  total  number  of  applicants. 

Investigation  was  at  first  informal;  if  the  case  was  press- 
ing the  applicant  received  work-relief  immediately.  About 
January  15,  the  work  was  so  systematized  that  it  became 
possible  to  investigate  every  case  before  admission.  A 
printed  form  was  employed  on  which  the  condition,  viz., 
name,  age,  trade,  time  out  of  work,  nmnber  of  dependents 
in  family,  and  other  useful  facts  were  recorded.  This  in- 
formation was  verified  by  a  visit  to  the  home,  and  often 
further  authenticated  b}^  a  call  at  the  office  of  the  former 
employer,  the  more  pressing  cases,  of  course,  receiving  imme- 
diate attention.  The  investigation  was  completed  by  send- 
ing every  card  filled  out  to  be  compared  with  the  Associated 
Charities'  records.  Among  all  the  applications  only  four  or 
five  cases  of  conscious  fraud  appeared. 

The  324  applicants  who  were  investigated  and  accepted 
were  classified  under  the  following  heads:* 

Class  I.  Women  working  at  trades,  out  of  employment  because 

of  the  hard  times,  but  expecting  work  in  the  spring  ....    i6r 

Class  2.  Housewives  forced  by  the  hard  times  to  become  wage- 
earners       62* 

Class  3.  Copyists,  saleswomen,  seamstresses,  cleaners,  etc.,  whose 

lack  of  work  was  due  to  the  hard  times 85c 

Class  not  stated i6» 

Total  number  of  workers 3241 

•  The  following  tables  are  based  on  one  or  the  other  of  two  totals  :  either,  324, , 
being  the    number  of  workers ;    or  593,  being  the  number  of  applicants  em^ 
workers  taken  together.    Those  tables  and  remarks  that  are  starred  are  drawti> 
from  the  Twenty-fourth  Annual  Report  of  the  Massachusetts  Bureau  of  Statisticfi. 
of  I^bor  and  are  computed  from  the  total  of  59a. 

[38.] 


66  Annals  of  the  American  Academy. 

The  following  miscellaneous  tables  show  various  facts 
concerning  the  workers  in  these  rooms,  but  it  must  be 
remembered  that  general  conclusions  can  scarcely  be  drawn 
from  so  small  a  number  of  persons.  Owing  to  the  fact  that 
the  investigating  department  was  not  organized  immedi- 
ately, the  results  obtained  are  usually  based  on  a  proportion 
only  of  the  whole  number  of  workers. 

Of  the  number  supplied  with  work- relief  the  native  born 
were  126,  the  foreign  bom,  120;  total  number  stated,  246; 
nimiber  not  stated,  78;  making  a  total  of  324.  Of  the  324 
workers,  269  stated  length  of  residence  in  Boston  as  follows: 
179,  ten  years  or  over;  37,  from  five  to  ten  years;  40,  from 
two  to  five  years;  5,  between  one  and  two  years,  while 
only  8  had  been  in  Boston  under  one  year,  showing  that 
by  far  the  greater  number  of  workers  were  old  residents  of 
Boston.  The  total  number  helped,  including  families,  was 
1060  persons. 

The  following  table  shows  trades  of  workers: 

{Dressmakers  and  seamstresses,  75 
Tailoresses 75 
Allied  trades 24 

174 

Domestic  work 27 

Saleswomen 5 

Housewives 62 

Factory  help 14 

Other  occupations 12 

Occupation  not  stated 30 

Total    . 324 

This  table  shows  that  we  succeeded  fairly  well  in  our  first 
aim  of  helping  tailoresses  and  skilled  workers. 

The  time  during  which  229  of  the  324  workers  had  been 
out  of  work  averaged  three  and  seven-tenths  months. 
Twenty-seven  of  the  men  in  the  families  of  the  324  workers 
received  from  the  City  Work  Relief  during  the  winter,  a 

[382] 


Relief  Work  in  the  Wells  Institute  67 

total  of  $324.27.  In  the  families  of  160  there  were  no  men 
(unless  dependents) .  Fifty-six  of  the  women  received  from 
other  relief  rooms  a  total  of  $435.27.  This  does  not  mean 
overlapping,  as  in  most  cases  the  work  was  given  at  dif- 
ferent times.  These  facts  show  how  little  the  other  relief 
work  affected  the  special  families  helped  by  the  Wells 
Memorial  Rooms. 

The  table  on  page  68  classifies  the  occupations  as  shop 
work,  home  work,  and  domestic  and  personal  service: 

*  * '  This  table  also  shows  the  average  weekly  earnings  under 
each  classified  occupation  head,  as  reported  by  the  appli- 
cants, and  presents  a  classification  with  respect  to  each  of 
the  items  included  in  the  table  under  the  head  of  native 
bom,  foreign  bom,  and  birthplace  not  given,  with  aggre- 
gates. 

* '  The  average  amount  of  work-relief  furnished  to  the  per- 
sons previously  engaged  in  shop  work  was  $15.11,  while 
those  who  had  been  engaged  in  work  at  home  received 
$17.05,  and  the  persons  previously  engaged  in  domestic  and 
personal  service,  $14.69.  The  grand  average  amount  of 
work-relief  supplied  to  all  applicants  in  the  aggregate  was 
$14.93;  while  the  grand  average  weekly  wage  previously 
earned  by  the  applicants,  in  the  aggregate,  was  $5.29.  They 
therefore  received  an  amount  nearly  equivalent  to  three 
weeks'  wages  at  the  rate  of  earnings  previous  to  being  thrown 
out  of  employment. 

* '  The  proportion  which  the  amount  of  work-relief  furnished 
the  different  classes  of  workers  shown  in  the  table  bears  to 
average  weekly  earnings  does  not  in  most  cases  vary  from 
the  proportion  which  applies  to  all  applicants  in  the  aggre- 
gate. In  some  cases,  however,  it  rises  as  high  as  four  weeks' 
pay,  and  in  others  falls  to  about  the  amoxmt  previously 
earned  in  two  weeks. ' ' 

*  See  foot  note,  p.  65. 


[383] 


68 


Annals  of  thb  American  Academy. 


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[384] 


Rkwbf  Work  in  the  Wei.i<s  Institute.         69 

The  next  table  shows  the  value  of  work-relief  as  classified 
under  amounts  varying  from  $3.00  and  under  to  $53.25. 

Classified  Value  of  Number  of  Per- 

Work-Relief.  sons  Receiving. 

Under  5300 32 

I3.00,  but  under  |i2.oo 130 

^12.00,  but  under  |i8.oo 49 

|i8.oo,  but  under  I25.00 57 

$25.00,  but  under  I35.00 35 

I3500.  but  under  I45.00 17 

^8.75,  but  under  $54.00 4 

Total 324 

*  Of  the  total  number  of  592  applicants  the  number  stating 
usual  weekly  earnings  was  287.  Of  these  122  (eighty-seven 
of  whom  had  worked  in  shops) ,  had  previously  received  less 
than  $5.00  per  week,  153  had  received  $5.00  or  more,  but 
less  than  $10.00,  while  12  had  received  $10.00  or  over. 

The  nimiber  of  our  workers  who  had  been  previously  aided 
by  the  Associated  Charities  was  investigated  with  the  fol- 
lowing results:  Of  324  workers,  86  were  found  to  be  re- 
corded at  the  office  of  the  Associated  Charities.  But  of  the 
86  recorded,  15  cases  were  registered,  but  were  not  known 
to  have  received  aid;  32  cases  had  been  helped  for  the  first 
time  this  winter  (1893-94)  ;  25  had  been  helped  previously, 
numbers  of  whom  had  received  aid  only  once,  or  perhaps 
during  one  past  winter,  and  14  were  chronic  cases.  This 
leaves,  out  of  324  workers,  only  39  who  were  known  to  have 
received  charitable  aid  before  the  past  winter. 

The  table  on  page  70  relates  to  rent  and  brings  out  the 
following  facts:  The  number  of  applicants  reporting  the 
amount  of  rent  paid  by  the  families  to  which  they  belonged 
was  306;  209  made  no  report  as  to  rent,  while  77  were  board- 
ing. The  306  who  reported  rent  paid,  represented  1129 
persons  who  occupied  833  rooms  and  paid  a  total  monthly 
rent  of  $3, 1 82.48.  The  average  monthly  rent  per  room  ranges 
from  $2.04  in  Ward  2  to  $6.87  in  Ward  10;  the  last  siun, 

•  Sec  foot  note,  p.  65. 

[385] 


70 


Annai^  of  the  Amkrican  Acadkmy. 


however,  represents  but  a  single  case  and  is  much  above 
the  average  in  any  other  ward,  the  next  highest  being 
$5.18  in  Ward  9,  an  average  representing  reports  made  by 
7  persons. 

In  general,  the  monthly  rent  per  room  does  not  rise  above 
$5.00  nor  fall  below  $2.50.  The  average  number  of  persons 
to  a  room  was  highest  in  Ward  6,  where  it  reached  2.29,  and 
lowest  in  Ward  21,  where  it  was  0.65.  A  high  average 
number  of  persons  to  a  room  (more  than  1.50)  appears  in 
Wards  2,  5,  6,  7,  8,  11  and  17. 


Applicants. 

Applicants  Reporting  Rent  Paid. 

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306 

209 

77 

592 

306 

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833 

$3,182  48 

I382 

1.36 

Ward   I  .  .  . 

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Ward   8 

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4 

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28 

142  26 

1.79 

Ward   9 
Ward  10 

7 
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1.58 

Ward  12 

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54 

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467  02 

462 

1-35 

Ward  13 

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124 

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232  67 

2  80 

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30 

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ir. 

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Ward  15 

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91 83 

1. 00 

Ward  16 

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46 

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112 

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188 

142 

570  25 

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Ward  17 
Ward  16 
Ward  19 
Ward  20 
Ward  21 

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32 
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Ward  24  .  .  . 
Ward  not 

3 

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2  25 

0.92 

specified    . 

— 

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See  foot  note,  p.  65. 


[386] 


Relief  Work  in  the  Wells  Institute.         71 

Attempts  were  made  to  ascertain  the  former  savings  of 
applicants.  Nothing  fit  for  tabulation  could  be  gathered, 
but  the  impression  received  was  that  these  work- women,  as  a 
whole,  had  never  been  able  to  save  except  for  some  tempor- 
ar>'  emergency,  which  soon  enough  occurred.  When  it  is 
remembered  that  160  of  these  women  had  no  active  men  in 
their  families  to  help  bear  the  burden  of  support,  that  their 
average  weekly  wage,  when  in  regular  work,  was  $5.29 — and 
that  ' '  regular ' '  work  in  any  occupation  is  seldom  steady 
throughout  the  year — it  will  be  seen  that  there  was  usually 
small  margin  for  saving.  Instances  were  not  rare  of  women, 
who,  during  a  large  part  of  their  working  lives,  had  sup- 
ported sick  or  aged  relatives. 

Inquiries  as  to  indebtedness  were  made  (except  as  to 
insurance  policies  and  pawn  tickets)  with  the  result  that  189 
persons  reported  debts  varying  from  $2.00  to  (in  one  case) 
$400.  Much  the  largest  part  of  the  indebtedness  was  for 
rent.  Though  many  women  could  not  pay  anything  toward 
rent  from  the  sum  earned  at  the  work-rooms,  very  few  were 
evicted  by  landlords.  On  the  other  hand,  there  were  few 
cases  where,  to  our  knowledge,  the  weekly  rent  was  reduced 
because  of  the  hard  times. 

The  workers  were  accepted  with  the  understanding  that 
earnest  and  constant  effort  must  be  made  by  them  to  secure 
legitimate  work  in  the  regular  trades.  The  employment 
department  furthered  these  efforts  with  more  or  less  success, 
sometimes  placing  the  workers  in  their  own  trade  if  not 
with  their  former  employers.  Advertisements  were  answered, 
and  those  women  who  were  able  to  take  domestic  service 
were  registered  at  the  Women's  Educational  and  Industrial 
Union. 

In  the  work-rooms  the  women  were  divided  into  three 
grades  according  to  skill,  each  grade  in  a  separate  room, 
and  each  under  the  care  of  a  forewoman.  The  day's  work 
lasted  seven  hours,  and  fines  were  exacted  for  tardi- 
ness; one  hour  was  allowed  for  dinner,  and  at  this  time  the 

[387] 


72  Annals  of  th^  American  Academy. 

women  were  given  the  use  of  a  hall  and  piano  in  the  build- 
ing. A  hot  lunch  was  sent  in  from  the  New  England 
Kitchen  for  those  who  desired  it,  at  a  cost  of  about  eight 
cents  each.  Cheap  as  this  was,  most  of  the  workers  pre- 
ferred to  save  by  bringing  their  own  lunch  of  bread  and 
butter,  with  perhaps  some  cold  tea.  The  forewomen  did 
much  teaching,  and  in  the  room  of  the  least  skilled  workers 
a  second  teacher  was  also  constantly  employed.  This  element 
of  training  helped  to  raise  the  standard  of  the  work.  Many 
improved,  and  some  (among  them  married  women  with 
children)  thanked  the  managers  afterward  for  the  opportu- 
nity of  learning  to  sew.  While  there  were  idle,  careless  and 
incompetent  workers,  and  while  the  standard  suffered  some- 
what from  the  criterion  of  employment  being  need  and  not 
^ood  work,  still  the  spirit  of  the  work-rooms  was,  on  the 
whole,  one  of  industry  and  ambition.  Women  were  heard 
to  boast  that  the  articles  from  these  work-rooms  were  better 
finished  than  in  shops  for  ready-made  goods,  and  showed 
their  own  work  in  proof  of  the  fact.  A  rough  estimate  was 
made  of  the  competence  of  each  woman  in  the  work.  This 
3s  scarcely  a  fair  gauge  of  general  competence,  as  the  work 
^vas  confined  to  sewing,  in  which  many  women  well  trained 
in  some  other  direction  might  not  be  proficient.  The  fact 
was  shown,  however,  that  72  of  our  women  were  utterly  in- 
competent seamstresses,  that  127  did  work  of  medium  grade, 
'while  125  did  excellent  work. 

Of  women  belonging  to  the  sewing  trades  the  proportion 
of  skilled  and  imskilled  workers  is  shown  in  the  following 
table: 


Competent. 
Dressmakers  and  seamstresses  .    .  46 
Tailoresses 31 

Medium. 
20 
31 

Poor. 

9 

13 

Totals 77  51  22 

Or  77  competent,  against  73  medium  or  poor. 

On  May  5  the  rooms  were  closed,  few  applicants  having 

[388] 


Relief  Work  in  the  Wei^ls  InIstitute.         73 

been  received  during  the  previous  month,  and  the  number 
of  workers  having  been  gradually  reduced  by  discharge. 

The  following  table  shows  the  conditions  under  which 
workers  left  the  work-rooms: 

Obtained  regular  employment 172 

Of  these  40  were  known  to  be  poorly  placed,  and  28  to 
have  entered  domestic  service. 

Referred  to  other  work-relief  rooms 8 

Referred  to  domestic  service 17 

Found  not  to  need  the  work .   .   .   .    16 

Provided  with  other  aid 3 

Placed  in  care  of  Associated  Charities 11 

Referred  to  other  charities 4 

Discharged  for  intemperance 2 

Needing  only  temporary  aid 8 

Miscellaneous 24 

Unprovided  for  at  closing  of  rooms 59 

Total 324 

Twenty-five  of  the  persons  discharged  were  placed  by  us 
m  positions.  This  number,  however,  scarcely  shows  the 
amount  of  employment  found  by  us,  as  numbers  of  tempo- 
rary places,  especially  at  seamstress  work,  are  not  recorded. 
We  hoped  that  some  of  these  might  lead  to  permanent  work, 
and  in  some  cases  this  happened.  When  the  work  proved 
only  temporary,  the  women  were  re-admitted.  Certain 
employers  recalled  their  work-women  after  a  correspondence 
with  us.  (It  was  remarked  that  most  employers  seemed 
glad  to  provide  for  their  work-people  when  they  could,  and 
anxious  to  speak  well  of  them.)  Ten  were  reported  as 
placed  by  the  Employment  Bureau  of  the  Women's  Educa- 
tional and  Industrial  Union,  but  this  number  also  is  probably 
understated,  as  persons  placed  often  sent  us  word  merely  of 
the  fact,  without  telling  through  what  means  their  positions 
had  been  secured.  One  hundred  and  thirty-seven  of  the 
workers,  as  far  as  known,  placed  themselves.  Whenever  a 
worker  ceased  to  come  in,  a  card  was  sent  her  asking  to 
know  the  cause  of  her  absence,  and  whether  she  had  found 

[389] 


74  Annai<s  of  thb  American  Academy. 

work.  Volunteer  assistants  visited  and  helped  persons 
requiring  special  relief.  In  all  about  loo  such  visits  were 
made,  upon  about  thirty  persons — the  assistance  given  being 
of  various  sorts. 

Of  the  fifty- nine  persons  left  unprovided  for  at  the  closing 
of  the  rooms,  a  large  proportion  belonged  to  the  four  follow- 
ing classes: 

1.  Bread-winners — so  tied  by  burdens  at  home  that  they  could  not 
seek  employment  elsewhere  (as,  e.  g.,  in  domestic  service). 

2.  Housewives  (not  the  usual  bread-winners),  whose  husbands  were 
still  out  of  work. 

3.  Tailoresses,  incompetent  in  general  work,  trained  only  in  one 
branch  of  their  work  and  knowing  no  other  way  to  make  a  living. 

4.  The  sickly  and  incompetent. 

So  much  is  said  about  the  constant  demand  for  household 
servants  that  it  has  seemed  worth  while  to  roughly  analyze 
the  list  of  our  workers,  and  if  possible  show  the  reasons  why 
not  more  than  twenty-eight  out  of  32J.  were  placed  in  domes- 
tic service. 

ClvASSIFICATlON    OF  WORKERS    IN  RESPECT    TO    DOMESTIC  SERVICE^ 

Kept  at  home  by  dependents 104 

Physically  unable 30 

Superannuated 20 

Skilled  workers  in  other  trades 24 

Jews  (who  could  serve  only  with  Jews) 12 

Ignorant  and  slovenly 11 

Total  unfit  for  domestic  service 2or 

Obtained  other  employment 25 

Untrained 10 

Unwilling  to  enter  service 18 

Willing  •'  "      but  not  placed 17 

Placed  in  service 28 

Total  fit  for  domestic  service —      98 

Unclassified 25 

Total 324 

It  is  quite  true  that  there  is  among  many  workers  a  preju- 
dice, more  or  less  unfounded,  against  domestic  service,  and 

[390] 


Relief  Work  in  the  Wells  Institute  75 

those  women  who  refused  suitable  places  were  discharged 
from  the  work-rooms.  In  all  other  cases  there  were  substan- 
tial reasons  why  the  majority  of  our  workers  did  not  enter 
domestic  service. 

The  reluctance  to  enter  service,  even  when  the  worker 
lias  no  dependents  to  absolutely  prevent  her,  may  be  traced 
to  some  of  the  following  reasons: 

1 .  Family  affection ;  the  worker  is  unwilling  to  leave  her 
home  and  relatives.  Allied  to  this  is  her  attachment  to  her 
church. 

2 .  The  fact  that  domestic  service  is  never  done;  mechanics, 
shop- workers,  etc.,  have  a  definite  number — usually  not 
more  than  ten — of  working  hours,  after  which  they  are  free, 
but  in  most  families  a  domestic  is  expected  to  be  on  duty 
from  twelve  to  fourteen  or  even  sixteen  hours  daily.  True, 
she  may  not  be  at  work  all  this  time,  but  her  time  is  at  her 
mistress'  disposal. 

3.  Closely  allied  to  this  is  the  lack  of  liberty.  A  shop 
girl  or  seamstress  has  her  evenings  and  all  Sunday  to  herself. 
A  domestic  has  but  one  afternoon  a  week  with,  perhaps  some 
part  of  Sunday.  It  must  not  be  supposed  that  the  girls 
necessarily  wish  free  time  for  idleness  or  demoralizing  pur- 
suits; they  merely  share  the  desire  we  all  feel  to  do  our  work 
in  a  definite  time  and  then  be  free. 

4.  The  need  for  some  social  life:  most  families  keep  but 
one  servant;  she  does  not  and  cannot  share  the  family  life. 
She  has  but  the  one  afternoon  in  which  to  make  acquaint- 
ances, and  she  is  necessarily  lonely;  more  especially  when 
her  employer  lives  in  the  country.  This  is  felt  the  more 
because  girls  of  the  class  from  which  domestics  usually  come 
have  few  resources  within  themselves.  The  sociability  of 
shop  work,  moreover,  is  in  marked  contrast  to  domestic 
work. 

5.  Class  feeling:  rightly  or  wrongly  a  certain  stigma 
attaches  to  domestic  service,  and  a  girl  who  becomes  a  "ser- 
vant ' '  loses  caste  among  her  former  associates. 

[390 


76  Annals  of  the  American  Academy. 

6.  Lack  of  training:  many  who  would  be  willing  to  enter 
service  have  had  no  training  whatever,  and  know  that  to 
undertake  it  in  their  present  state  of  ignorance  is  to  invite 
constant  fault-finding  and  "  nagging  "  from  their  mistress. 

Such  are  some  of  the  reasons  which  keep  working  women 
away  from  household  service.  There  are  cases  in  which 
women,  well-fitted  to  do  so,  refiise  to  go  into  service,  pre- 
ferring to  be  supported  in  whole  or  in  part  by  charity,  and 
these  deserve  neither  sympathy  nor  aid,  but  they  are  the  ex- 
ceptions. It  must  be  noted  that  the  objections  to  domestic 
service  are  not  in  themselves  ignoble;  but  in  harmony  with 
the  democratic  tendency  of  the  age.  Notwithstanding  the 
fact  that  wages  are  higher  in  domestic  service  and  that  posi- 
tions are  plentiful,  women  choose  the  more  crowded  and  more 
poorly  paid  occupations.  This  indicates  that  in  the  minds 
of  the  workers  the  objections  are  rather  serious.  The  pro- 
blem of  how  to  remove  them  is  a  perplexing  one.  The 
adoption  of  the  following  measures  would  help  in  the  solu- 
tion: 

1.  Establishment  of  training  schools,  through  which 
domestic  service  should  be  raised  to  the  rank  of  a  skilled 
occupation. 

2.  Establishment  of  definite  and  moderate  working  hours 
for  servants,  outside  of  which  their  time  should  be  their  own, 
overtime  being  paid  for. 

3.  More  opportunity  for  social  intercourse,  not  confined 
to  their  own  sex. 

Generalization. 

Whatever  success  may  have  attended  our  venture  is  due 
to  having  picked  workers  and  not  many  of  them;  to  the 
fiiendly  personal  relations  between  workers  and  managers 
who  often  knew  intimately  the  condition  of  the  workers;  to 
the  element  of  training  in  the  work,  a  high  standard  being 
preserved  by  conscientious  forewomen,  and  to  the  plan  of 
assuming  a  definite  responsibility  for  a  limited  number  of 

[392] 


Relief  Work  in  the  Wei.ls  Institute  77 

the  unemployed.  The  persistent  effort  to  place  the  women 
in  regular  employment  has  maintained  the  temporary  and 
supplementary  character  of  the  work.  Three  hundred  and 
twenty-four  women  were  enabled  to  earn  a  sum  averaging 
three  weeks'  wages  during  the  six  weeks  of  severest  stress  last 
winter.  During  this  time  these  women  were  saved  from  the 
demoralizing  results  of  complete  idleness  and  from  that  degra- 
dation of  character  which  comes  from  receiving  aid  without 
giving  a  return;  while  self-respect,  and,  to  some  extent, 
physical  strength  were  preserved  until  they  could  return  to 
ordinary  work.  In  some  cases  this  work  alone  saved  them 
from  utter  discouragement.  Workers  were  not  attracted  to 
these  rooms  from  outside  the  city,  but  the  work  was  given 
to  citizens  of  Boston  who,  by  rough  calculation,  had  an 
average  residence  of  eighteen  years.  The  persons  helped 
were,  moreover,  largely  those  who  had  never  received  chari- 
table aid  to  any  extent.  The  work  was  paid  for  in  money, 
which  has  gone  back  into  the  natural  currents  of  trade. 
When  our  work-rooms  were  closed  fifty-nine  women  were 
turned  adrift  with  no  prospect  of  immediate  employment, 
but  many  of  these  could  not  take  regular  positions.  Some 
who  were  housewives  still  needed  temporary  aid  in  their 
homes  till  their  husbands  could  find  work;  others,  incom- 
petent or  disabled,  required  permanent  relief.  We  could 
congratulate  ourselves  that  172  former  workers  had  found 
regular  employment,  and  altogether  199  were  known  to  be 
past  their  worst  need. 

Furthermore  the  articles  produced  had  been  well  made 
and  had  found  their  way  into  serviceable  channels.  So  far 
as  we  can  see  the  larger  share  of  the  product  of  our  shop 
has  not  come  into  competition  with  the  output  of  business 
enterprises. 

We  hope,  moreover,  that  the  lessons  learned  in  our  experi- 
ence may  have  a  certain  value  to  those  contemplating  such 
undertakings  for  the  future.  The  following  cautions  are 
suggested: 

[393] 


78  Annals  of  the  American  Academy. 

1 .  The  method  of  advertisement  of  relief  work  is  a  per- 
plexing question.  On  the  one  hand  the  plan  of  application 
at  the  rooms  has  the  disadvantage  of  raising  hopes  which 
often  cannot  be  satisfied,  and  of  attracting  unsuitable  appli- 
cants; while  on  the  other  hand,  by  the  plan  of  giving  out 
admission  tickets  to  churches,  charitable  societies,  trades 
unions  and  other  agencies  the  independent  trade  workers  are 
often  not  reached.  When  the  first  method  was  used  our 
experience  showed  that  superior  women  applied  for  work. 

2.  Investigation  of  applicants  should  be  organized  at  the 
beginning  of  the  work,  as  few  questions  as  possible  should 
be  asked,  and  from  the  first  the  workers  should  be  admitted 
only  after  previous  investigation,  including  comparison  with 
the  Associated  Charities  records. 

3.  Relief,  other  than  work,  if  necessary  at  all,  should  be 
supplied  from  some  other  source  than  the  work-room,  since 
the  giving  of  such  relief  tends  to  turn  the  room,  in  the 
minds  of  the  workers,  from  a  place  for  obtaining  honest  work 
to  a  relief  agency.  Extra  work  for  some  especial  need  may, 
however,  be  given. 

4.  Competition  with  regular  business  is  a  serious  danger, 
but  by  taking  pains  this  can  be  avoided  with  reasonable  com- 
pleteness as  long  as  the  work  of  the  world  is  not  all  done,  as 
long  as  there  remain  consumers  who  have  no  money  to  buy 
goods  through  the  regular  channels. 

5.  The  employment  of  housewives  rather  than  the  usual 
bread-winners  is  a  mistake.  It  takes  the  women  from  their 
proper  work  of  caring  for  their  families  and  leaves  the  hus- 
band or  other  bread-winner  in  idleness.  It  may  be  neces- 
sary to  help  the  women  when  the  men  can  obtain  no  work,, 
but  when  work- relief  is  organized  the  men  rather  than  their 
wives  should  be  employed. 

6.  As  for  the  incompetent  they  should  be  weeded  out  of 
the  work-room  as  soon  as  possible,  and  sent  (by  some  wisely 
exercised  compulsion,  if  need  be),  to  a  place  where  they  can 
be  trained  to  do  some  useful  work.      Those  whom  it  is 

[394] 


Relief  Work  in  the  Weli^  Institute.         79 

impossible  to  train  in  this  way  should  be  provided  with 
some  work,  but  certainly  not  in  the  same  work-room  with 
those  who  are  unemployed  on  acx:ount  of  industrial  depres- 
sion, since  their  needs  are  of  a  different  nature.  A  work- 
room freed  from  the  presence  of  the  incompetent  would  be 
relieved  of  some  of  its  most  serious  dangers. 

7.  The  danger  of  depressing  wages  by  work-relief  is  very 
great.  An  employer  knowing  that  his  work-people  are 
willing  to  work  where  they  can  earn  only  $2.25  per  week 
thinks  they  should  submit  to  any  terms  he  may  make. 
Numbers  of  our  women  went  from  our  rooms  to  poor  places, 
e.  g. ,  tailoresses  returned  to  us  in  despair  from  shops  where 
they  earned  by  piece-work  $.70,  $1.75  and  $2.30  for  a 
week's  hard  work.  The  same  thing  holds  true  in  regard 
to  domestic  service.  Not  infrequently  last  winter  applica- 
tions were  received  from  employers  who  expected  to  secure 
trained  servants  for  their  board  and  lodging.  There  is 
the  same  danger,  too,  in  any  investigation  of  applicants 
through  the  former  employer,  as  the  depressed  condition  of 
his  workers  is  thus  made  known  to  him.  It  was  noticed 
that  the  work-people  themselves  dreaded  this  and  were  chary 
of  letting  their  employers  know  their  present  condition. 
On  the  other  hand,  such  investigation  sometimes  moved 
employers  to  call  back  their  workers  from  motives  of  pity 
or  justice.  Whatever  is  done  in  this  line  should  certainly 
be  very  carefully  managed.  Employment  bureaus  should 
not  be  started  in  connection  with  work-relief  rooms,  though 
they  might  with  advantage  be  maintained  in  close  com- 
munication with  them.  They  should  not  be  for  the  unem- 
ployed alone,  and  they  should  be  confined  to  those  workers 
who  are  competent  in  some  direction. 

8.  The  workers  should  feel  that  the  work  given  them  is 
useful  and  real  employment. 

9.  There  is  danger  when  work-relief  is  started  that  the 
community  may  consider  it  adequate  and  throw  off  all  per- 
sonal  responsibility.     The  impossibilities  that  relief  work 

[395] 


8o  Annals  of  the  American  Academy. 

should  give  employment  to  all  should  be  emphasized.  It 
must  be  admitted  that  no  organization  can  meet  the  need, 
that  every  private  individual  must  do  what  he  can  in  help- 
ing, especially  in  using  his  money  to  give  extra  employment. 

It  is  often  argued  that  work-relief  attracts  people  from 
regular  lines  of  employment.  If  the  incompetent  are  ex- 
cluded, this  danger  may  be  largely  avoided.  Indeed  there 
should  be  little  fear  of  skilled  workers  being  attracted  by  a 
low  wage  at  half  time.  $2.25  per  week  is  far  below  a  living 
wage. 

The  above  consists,  in  the  main,  of  reports  prepared  by 
Miss  Helen  Cheever  and  Miss  I^aurette  Gate,  who,  with 
myself,  had  practical  charge  of  the  work.  The  managers 
agree  in  the  opinion,  confirmed  by  their  experience  in  these 
work-rooms,  that  whenever  aid  must  be  given  to  able-bodied 
persons  it  should  be  in  payment  for  work  done  under  con- 
ditions conducive  to  self-respect. 

It  is,  however,  not  inconsistent  with  this  opinion  to  hold 
that  such  rooms  as  we  have  described  are  but  the  slightest 
palliative  for  unemployment.  In  the  first  place  they  are 
inadequate.  In  the  second  place  they  are  wasteful  of  money 
and  labor. 

It  is  hoped  that  a  condition  of  affairs  such  as  we  passed 
through  last  winter  may  not  return,  but  should  such  con- 
ditions tend,  under  the  present  system,  to  become  chronic, 
then  relief  work  is  about  as  adequate  as  a  shelter  of  boughs 
against  the  equinoctial  storm. 

Granting  that  relief  work  is  economically  unsound,  that 
we  "put  in  a  dollar  and  take  out  thirty  cents,"  that  if 
carried  on  incautiously  it  may  involve  other  classes  in  distress 
through  competition,  that  there  is  danger  of  attracting  the 
shiftless  and  of  taking  away  some  incentive  for  individual 
exertion,  that  in  fact  some  may  "  dare  "  be  lazier  because  of 
relief  work,  still  the  fact  remains  that  there  are  honest  and 
industrious  men  and  women  in  the  community  who  cannot 
get  work,  who  have  nothing  to  live  on  but  the  current 

[396] 


Reuef  Work  in  the  Wei^i^  Institute.         8i 

proceeds  of  their  work,  and  who  cannot  be  helped  through 
any  charitable  methods  unless  it  be  by  work-relief.  There 
are  many  who  prefer  work  but  will,  under  stress  of  need^ 
take  direct  charity  and  then  be  forced  into  the  pauper  class. 

If  we  condemn  work- relief,  what  then  is  the  alternative  ?* 
Surely  not  starvation,  surely  not  aid  without  work,  but  some 
more  radical  treatment  of  the  evil.  What  this  may  be  let 
the  sociological  expert  point  out  to  us.  Meantime  is  there 
any  temporary  palliative  which  will  do  less  harm  than  work- 
relief  ? 

Hei<ena  S.  Dudley. 

Denison  House,  Boston. 


BRIEFER  COMMUNICATIONS. 


UTILITY,  ECONOMICS  AND  SOCIOI^OGY. 

In  "The  Theory  of  Sociology,"  *  I  contended  that  "political  econ- 
omy," viewed  as  a  science  of  commercial  relations  or  market  values, 
and  "pure  economics,"  conceived  as  a  science  of  subjective  utility, 
cost  and  value,  are  social  sciences,  and  that  neither  can  stand,  in  a 
classification  of  the  sciences,  logically  antecedent  to  theoretical  soci- 
ology. Both  of  them,  I  claimed,  presuppose  sociology,  because,  as  I 
undertook  to  show,  subjective  utility  has  been  created  by  social  condi- 
tions and  was  not  antecedent  to  them. 

I  did  not  expect  that  these  conclusions  would  pass  unchallenged. 
Had  they  done  so  I  should  have  been  disappointed.  In  so  difficult  a 
matter  as  this  truth  can  be  found  only  through  patient  scrutiny.  I  am 
therefore  greatly  indebted  to  Professor  Patten  for  his  kindly,  but  posi- 
tive and  thoughtful  criticism,  which  was  published  in  the  Annai^  of 
September.  Apparently  our  differences  are  many  and  irreconcilable. 
In  reality  most  of  them  will  disappear,  I  think,  upon  careful  examina- 
tion. 

In  his  able  paper  on  "The  Failure  of  Biologic  Sociology,"!  Dr. 
Patten  * '  tried  to  show  that  the  place  of  economics  in  the  hierarchy  of 
the  sciences  is  before  that  of  sociology."  In  his  communication  on 
"The  Beginnings  of  Utility,"  J  he  reaffirms  that  judgment,  and  con- 
tends that  utility,  and  even  a  theory  of  utility,  are  antecedent  to  social 
relations.  Two  questions  are  thus  distinctly  presented :  Is  the  science 
of  economics  logically  precedent  to  sociology?  To  what  extent  is 
utility  antecedent  to  social  relations  ? 

So  far  as  the  discussion  between  Dr.  Patten  and  myself  is  concerned, 
the  answer  to  the  first  question  is  plain.  It  is  somewhat  surprising, 
after  reading  Dr.  Patten's  broad  claim  for  economics,  to  find  that  his 
whole  dissent  from  my  opinion  reduces  to  a  difference  in  our  respec- 
tive uses  of  a  single  word.  He  would  promptly  admit  that  political 
economy  in  the  classical  English  sense  of  the  term — the  political  econ- 
omy of  market  values  as  elaborated  by  Smith,  Ricardo  and  Mill,  is  a 
branch  of  social  science  and  presupposes  sociology.  Furthermore,  he 
says  that  subjective  cost  "has  social  antecedents."  This  is  an  admis- 
aion  that  if  pure  economics  be  conceived  as  a  study  of  subjective 

•  Supplement  to  the  Annals,  July,  1894 

t  Annals,  May,  1894. 

I  Annals,  September,  1894, 

[398] 


I 


Utility,  Economics  and  Sociology.  83 

utilities,  costs  and  values,  in  their  inter-relations,  pure  economics,  too, 
is  a  social  science,  which  presupposes  sociology.  Apart  from  the  quest- 
ion of  the  origin  of  utility,  this  is  all  that  I  have  claimed,  namely,  that 
classical  political  economy  as  an  account  of  market  values,  and  pure 
economics  as  a  study  of  the  mutual  relations  of  subjective  utilities, 
costs  and  values,  are  built  upon  sociological  data,  and  presuppose 
theoretical  sociology.  Evidently,  therefore,  when  Dr.  Patten,  after 
admitting  all  this,  still  contends  that  the  place  of  economics  in  the 
hierarchy  of  the  sciences  is  before  that  of  sociology,  he  has  some 
other  economics  in  mind,  and  is  using  the  word  in  an  unusual  way. 

Fortunately  his  meaning  is  not  in  doubt  if  one  reads  him  carefully. 
It  is  because  he  thinks  that  "theories  of  utility  and  goods  *'  are  "  neces- 
sary pre-suppositions  in  any  study  of  social  relations"  that  he  puts 
economics  before  sociology.  The  context  shows  that  it  is  not  the 
mathematical  theories  of  final  and  total  utility  in  their  present  form 
that  Dr.  Patten  has  here  in  mind,  though  his  language  would  seem  to 
include  them.  It  is  rather  an  expanded  theory,  in  which  the  phe- 
nomena of  initial  utility  can  have  full  recognition.  In  fact,  it  is  a 
theory  of  initial  utility  as  conditioned  by  various  kinds  of  free  goods 
unequally  distributed  in  the  environment,  that  he  is  particularly  think- 
ing of  as  being  scientifically  antecedent  to  explanations  of  society.  In 
other  words,  if  I  understand  Dr.  Patten  rightly,  he  holds  that  the  rela- 
tion of  the  environment  to  utility,  and  especially  to  initial  utility  (the 
environment  being  conceived  of  as  an  irregular  dififerentiation  and 
distribution  of  free  goods  in  space),  presents  a  suflScient  number  of 
correlated  problems  to  constitute  a  distinct  science.  From  the  paper 
on  "The  Failure  of  Biologic  Sociology,"  I  infer  that  he  would  put 
this  science  not  only  before  sociology,  but  before  psychology  and  even 
before  biology  as  well. 

This  is  an  interesting  thought,  and  I  wish  that  Dr.  Patten  had  done 
himself  justice  by  stating  it  more  explicitly,  and  at  length.  The  sug- 
gested science,  if  constructed  at  all,  would  necessarily  be  the  abstract 
and  highly  general  science  of  the  relations  of  physical,  mental  and 
social  life,  to  the  physical  environment  It  would  be  related  to 
biology,  psychology  and  sociology,  just  as,  according  to  my  concep- 
tion, sociology  is  related  to  political  economy  (the  science  of  market 
values),  to  jurisprudence,  and  to  politics.  If  Dr.  Patten  constructs 
such  a  science  he  will  compass  one  of  the  greatest  scientific  achieve- 
ments of  this  or  of  any  age.  If,  in  addition,  he  persuades  the  scientific 
world  to  call  this  science  by  the  general  name  economics,  and  to 
designate  all  more  special  economic  studies  by  the  older  term,  political 
economy,  that  too  will  be  a  noteworthy  accomplishment.  But  he 
ought  to  put  aside  all  excess  of  modesty  and  say  explicitly  that  nobody 

[399] 


84  Annaxs  of  the  American  Academy. 

but  himself  ever  before  so  conceived  of  economics,  and  admit  frankly 
that  the  economics  which  other  students  have  thought  about,  and 
■which  comes  to  mind  when  they  see  or  hear  the  word,  is  a  social 
science,  grounded  in  sociology. 

Let  us  now  examine  the  second  question :  To  what  extent  is  utility 
antecedent  to  social  relations  ? 

It  is  evident  that  discussion  has  brought  us  to  the  point  where  we 
must  decide  whether  we  will  use  the  word  utility  to  mean  a  relation 
between  some  external  thing  or  fact,  on  the  one  hand,  and  any 
advantageous  change  product  within  an  organism,  on  the  other  hand, 
or  whether  we  will  restrict  its  meaning  to  a  relation  between  an 
external  thing  or  fact  and  an  advantageous  internal  change  of  which 
the  organism  is  at  the  moment  conscious.  This  necessity  confronts  us 
whether  we  are  talking  about  initial,  final  or  total  utility.  To  take 
an  illustration:  if  a  "  dose  "  of  guano  be  applied  to  a  hill  of  Indian 
com  the  plants  will  undergo  an  initial  change,  favorable  in  the  sense 
of  normal  growth.  Successive  doses  will  effect  further  advantageous 
changes,  but  in  lessening  degree,  until  further  doses  would  be  wasteful 
or  injurious.  There  is  here  no  consciousness,  no  scale  of  pleasure, 
and,  of  course,  no  subjective  utility.  Yet  the  relations  of  the  changes 
described,  to  the  environment,  to  the  supply  of  "goods,"  to  various 
kinds  of  "goods,"  and  so  on,  are  evidently  governed  by  laws  like 
those  that  govern  the  phenomena  of  subjective  utility.  Shall  we  then 
not  call  tlie  relation  between  "goods  "  and  such  organic  changes  by 
the  word  utility  ?  I  can  see  no  good  reason  why  we  should  not  do  so, 
provided  we  use  a  distinguishing  adjective.  "  Physiological  "  would, 
perhaps,  be  as  accurate  as  any.  By  physiological  utility  we  would 
then  mean  a  relation  subsisting  between  an  external  thing  or  fact  and 
a  favorable  organic  change.  By  subjective  utility  we  would  mean  a 
similar  relation  of  which  the  organism  is  pleasurably  conscious.* 

Of  physiological  utility  so  understood  we  can  certainly  have  a 
theory,  because  all  its  phenomena  admit  of  formulation  in  scientific 
law.  No  less  certainly  will  the  theory,  when  elaborated,  be  logically 
antecedent  to  the  sciences  of  psychology  and  sociology.  It  will  aflFord 
data  by  means  of  which  these  sciences  can  be  made  truly  deductive  in 
form. 

I  admit,  then,  that  a  theory  of  goods  and  of  physiological  utility  is 
precedent  to  sociology.  When  in  "  The  Theory  of  Sociology  "  I  dis- 
cussed the  relation  of  utility  to  social  relations,  I  was  talking  about 
subjective  utility  only.  Moreover,  when  I  said  that  "  it  can  be  shown 
that,  apart  from  association  there  could  never  have  been  any  such 

•  Dr.  Patten,  I  suppose,  would  not  favor  the  use  of  the  word  utility  in  any  but  the 
•ubjedive  sense. 

[400] 


UTII.ITY,  Economics  and  Sociology.  85 

thing  as  subjective  utility,"  I  was  talking  about  the  subjective  utility 
of  recent  and  familiar  economic  discussion — namely,  a  consciousness 
of  utility  as  varying  in  degree  from  "initial  "to  "marginal."  A 
dawning  consciousness  of  mere  initial  utility — that  is,  a  recognition 
of  the  satisfaction  aflforded  by  a  first-consumed  portion  of  food,  unac- 
companied by  any  recognition  of  the  lesser  utility  of  succeeding 
portions, — must  undoubtedly  be  assumed  to  be  casually  antecedent 
to  social  phenomena.  But  nothing  that  Dr.  Patten  has  written,  in 
his  criticism  or  elsewhere,  seems  to  me  to  invalidate  the  proposition 
that  all  subjective  utility  which  is  more  than  mere  initial  satisfaction, 
is  a  product  of  social  evolution. 

I  ask  the  reader  to  remember  that  I  took  pains  to  argue  that  subjec- 
tive utility  is  more  than  mere  pleasurable  feeling  of  any  volume  or 
degree,  however  small.  To  constitute  subjective  utility,  I  held, 
pleasure  must  be  (i)  voluminous  enough  to  admit  of  appreciable  dis- 
tinctions of  more  and  less,  (2)  it  must  be  recognized  as  caused  or 
produced  by  an  external  condition  or  thing.  Having  so  defined  my 
terms,  I  endeavored  to  prove  that,  {a)  apart  from  suggestion,  imita- 
tion and  concourse,  pleasurable  feeling  could  not  become  quantita- 
tively sufficient  to  admit  of  appreciable  distinctions  of  more  or  less, 
and  that,  {d)  apart  fi-om  social  relations,  intellectual  development 
must  be  inadequate  for  the  perception  of  such  distinctions. 

In  criticism  Dr.  Patten  says  that  "this  line  of  reasoning  overlooks 
the  fact  that  the  failure  to  recognize  degrees  of  utility  may  be  due  to 
the  intensity  of  the  pleasure,  as  well  as  to  its  lack  of  clearness  and 
volume."  I  confess  that  it  had  not  occurred  to  me,  and  that  I  do  not 
now  see  that  the  fact  said  to  be  overlooked  has  any  bearing  on  the 
question.  Granting  that  intensity  of  feeling  may  destroy  perception, 
I  should  suppose  that,  before  feeling  becomes  too  voluminous  for 
appreciable  distinctions  of  more  or  less,  it  must  become  at  least 
voluminous  enough. 

My  conclusions  are  inductions  from  observed  facts.  All  animal  life 
of  which  we  have  any  knowledge,  from  protozoa  to  man,  is  in  fre- 
quent contact  with  other  animal  life,  of  its  own  and  of  different 
species.  Most  of  it  exists  in  swarms,  flocks  or  bands.  Creatures  of 
the  most  rudimentary  consciousness  are  influenced  in  all  their  activi- 
ties by  contact  with  each  other.  The  activity  of  each  is  suggestive  and 
stimulating  to  others.  Each  imitates  others.  This  is  true  of  insects, 
of  fishes,  of  birds,  of  mammals.  Elaborate  studies  of  mental  evolu- 
tion in  animals,  of  the  mental  development  of  the  human  infant,  and 
of  the  phenomena  of  hypnotism,  all  lead  to  the  conclusion  that  sug- 
gestion and  imitation  are  among  the  most  important  phenomena  of 
dawning  consciousness.     In  the  struggle  for  food  every  individual  of 

[401] 


86  AnnaIvS  of  thk  American  Academy. 

every  species  is  in  large  measure  dependent  on  the  discoveries  made 
by  fellow-creatures  and  on  the  instinctive  tendency  to  imitate  the 
successful.  It  is  therefore  certain  that  animal  life  could  not  have 
survived  through  its  evolutional  infancy  if  individual  isolation  rather 
than  association  had  been  the  rule.  There  certainly  was  a  time  when 
consciousness,  as  manifested  in  the  animal  life  of  this  planet,  was  too 
rudimentary  to  distinguish  degrees  of  utility.  There  certainly  came 
a  time  when  such  distinctions  began  to  be  made.  To  overthrow  my 
conclusions,  then,  the  objector  must  establish  the  amazing  assumption 
that  during  thousands,  perhaps  millions,  of  generations,  animal  organ- 
isms owed  nothing  to  association. 

Without  appealing  to  observation,  Dr.  Patten  puts  forward  an 
ingenious  a  priori  theory.  He  assumes  a  stage  in  animal  evolution 
in  which  there  is  no  conscious  distinction  of  successive  degrees  of 
utility ;  to  this  extent  he  agrees  with  me.  But  in  that  pre-social  stage, 
he  thinks,  there  is  an  intense  consciousness  of  initial  utility.  Initial 
utility  being  so  great,  the  creature  experiencing  it  is  necessarily  anti- 
social. Dr.  Patten  supposes,  because,  although  a  hungry  beast  may 
have  captured  many  times  as  much  prey  as  he  can  eat,  and  could 
therefore  share  it  with  other  beasts  in  a  social  way,  he  will  yet  attach 
the  same  value  to  the  final  increment  that  he  attaches  to  the  first. 
Only  when  he  learns  to  distinguish  degrees  of  utility  will  he  tolerate 
the  presence  of  a  fellow-prowler,  and  so  enter  into  social  relations. 

This  is  not  only  ingenious  ;  it  is  plausible.  At  first  glance  it  looks 
reasonable  ;  but  it  will  not  bear  examination.  It  offers  no  answer  to 
the  previous  question :  How  could  an  isolated  individual  organism 
survive,  and  multiply  its  experiences,  until  a  relatively  high  degree 
of  consciousness  was  evolved  ?  Worse  yet,  it  offers  no  way  out  of  a 
diflficulty  that  Dr.  Patten  has  raised  for  himself,  namely,  how  does  an 
isolated  individual,  that  is  too  intensely  conscious  of  initial  utility  to 
perceive  any  lesser  degrees,  presently  become  aware  of  marginal 
ntility,  and  conclude  to  be  sociable  ?  Worst  of  all,  it  ignores  the 
obvious,  familiar  and  true  explanation  of  the  difficulty  just  named. 
The  "being  who  has  intense  feelings  "  will  not  often  be  permitted  to 
exploit  his  theory  of  initial  utility  to  its  marginal  possibilities. 
Fellow-beings  with  similar  tastes  and  feelings  have  a  way  of  dropping 
in  before  the  mental  evolution  of  their  host  is  completed,  and  of 
settling  the  question  of  toleration  according  to 

"The  good  old  way,  the  simple  plan." 

It  is  through  repeated  experiences  with  unbidden  guests  that  animals, 
and  men  too,  acquire  a  good  deal  of  their  knowledge  of  degrees  of 
utility,  very  much  as  the  fox  in  the  fable  discovered  the  marginal 

[402] 


Utility,  Economics  and  Sociou)Gy.  87 

utility  of  unattainable  grapes.  Another  part  of  it,  however,  is 
acquired  in  a  very  different,  but  not  less  social,  way,  through  the 
necessity  of  providing  for  brooding  or  nursing  mothers  and  for  the 
young. 

But  while  it  is  impossible  to  believe  that  apart  from  association  there 
could  ever  have  been  a  conscious  recognition  of  degrees  of  utility, 
and,  therefore,  impossible  to  believe  that  subjective  utility  as  the  term 
has  been  used  and  understood  hitherto  in  economic  discussion  is  ante- 
cedent to  social  relations,  Dr.  Patten  is  quite  right  in  maintaining 
that  some  consciousness  of  initial  utility  is  antecedent  to  social  phe- 
nomena, both  logically  and  evolutionally.  If  by  the  terms  suggestion, 
imitation  and  association,  we  mean  psychical,  rather  than  merely 
physiological  phenomena,  we  must,  of  course,  admit  that  creatures 
capable  of  distinguishing  each  other,  are  capable  of  distinguishing 
food  objects,  and,  therefore,  of  recognizing  initial  utilities.  Conse- 
quently, if  we  are  to  extend  the  meaning  of  the  term  subjective 
utility  to  cover  the  phenomenon  of  a  consciousness  of  initial  utility 
unaccompanied  by  any  recognition  of  degrees  of  utility — and  I  see  no 
objection  to  doing  so — I  must  modify  my  statement  that  "  apart  from 
association  there  could  never  have  been  any  such  thing  as  subjective 
utility."  I  must  say,  instead,  that  apart  from  association  there  could 
never  have  been  any  subjective  utility  beyond  a  dawning  conscious- 
ness of  initial  satisfactions. 

As  thus  conceived,  the  theory  of  utility  runs  like  a  connecting  thread 
through  biology,  psychology  and  sociology.  In  biology,  we  have  the 
theory  of  physiological  utility.  In  psychology,  it  becomes  the  theory 
of  initial  subjective  utility.  In  sociology,  it  becomes  the  theory  of 
subjective  utility  in  quantitative  degrees.  Finally,  when  we  encounter 
in  human  society  the  phenomena  of  conscious  calculation  and  produc- 
tion of  utilities,  we  have  the  material  for  a  special  social  science, 
namely,  political  economy,  the  science  of  the  social  phenomena  of  a 
conscious  calculation  and  production  of  utilities. 

If,  now,  Dr.  Patten  can  make  abstraction  of  all  the  laws  of  utility, 
biological,  psychological  and  sociological,  and  can  put  them  together 
in  a  larger  synthesis  than  has  been  attempted  hitherto,  he  will  create 
a  general  philosophy  of  the  sciences  of  life — a  formulation  of  the 
general  principles  from  which  their  particular  la^vs  may  be  deduced. 
If  such  a  philosophy  can  appropriate  and  thenceforth  hold  the  name 
of  "  economics,"  well  and  good.  But  it  cannot  be  regarded  as  in  any 
sense  a  '*  social  "  science.  Dr.  Patten  cannot  claim,  as  I  think  he  has 
been  disposed  to  do,  that  such  an  economics,  ratlier  than  sociology,  is 
the  fundamental  science  of  society.  The  economics  of  his  concep- 
tion is  neither  sociology,  psychology,  nor  biology,  but  a  logic  which 

[403] 


88  Annai^  of  the  American  Academy. 

is  theoretically  distinct  from  and  preliminary  to  them  all.     The  funda- 
mental social  science  is  sociology. 

As  the  reader  will  have  discovered,  my  own  notions  of  utility  and  its 
relations  to  social  phenomena  have  been  made  more  definite  by  Dr. 
Patten's  criticism.    I  am  grateful  to  him  for  it. 

Frankwn  H.  Giddings. 

Columbia  ColUge. 

THE  ORGANIC  CONCEPT  OP  SOCIETY. 

In  a  recent  book  *  Professor  Small  discusses  and  defends  the  organic 
concept  of  society  and  quotes  certain  passages  from  a  paper  t  of  mine 
to  show  how  this  concept  has  been  misunderstood.  I,  in  turn,  might 
properly  complain  that  my  meaning  has  been  misconstrued.  There 
is,  however,  nothing  to  be  gained  in  joining  an  issue  on  so  technical 
a  point.  If  Professor  Small's  book  had  appeared  in  advance  of  my 
paper,  I  would  have  gladly  referred  to  it  for  a  statement  of  the  doc- 
trines to  which  I  take  exception.  His  book  strengthens  rather  than 
weakens  my  opposition  to  the  use  of  biologic  analogies  in  the  discussion 
of  social  questions.  A  clear  and  definite  statement  of  a  false  position 
often  exposes  its  weakness. 

The  organic  concept  of  society  finds  its  chief  strength  and  sup- 
port in  the  phenomena  of  co-operation.  On  every  side  we  see  some 
form  of  division  of  labor  ;  families  unite  for  common  ends,  industries 
are  co-ordinated  on  a  large  scale,  villages,  cities  and  even  nations  become 
organized  parts  of  a  larger  whole,  and  in  this  way  is  built  up  the  vast 
complexus  that  is  commonly  called  the  industrial  organism.  Accept- 
ing this  industrial  organism  as  a  fact,  it  is  necessary  to  inquire  into  its 
cause.  Is  it  a  part  of  the  nature  of  things,  the  outcome  of  purely 
social  forces  or  is  it  due  to  the  objective  conditions  which  surround 
society?  Evidently  the  latter.  Certain  peculiarities  of  soil  and 
climate  give  certain  localities  the  advantage  in  particular  forms  of 
production,  certain  deposits  of  iron,  coal  and  other  minerals  give  an 
advantage  to  other  localities  in  these  industries  and  certain  other 
peculiarities  of  matter  and  of  the  crust  of  the  earth  give  a  great  advan- 
tage to  serial  production — to  round-about  methods — ^as  opposed  to 
direct  production. 

The  complex  economic  world  is  the  outcome  of  the  influence  of 
these  objective  conditions  upon  the  choices  of  individuals  under  these 
conditions.  Each  individual  becomes  a  part  of  the  economic  mechan- 
ism in  order  to  increase  his  sum  of  utilities  and  to  decrease  his  costs. 

•  "An  Introduction  to  the  Study  of  Society,"  by  A.  W.  Small  arid  G.  E.  Vincent. 
New  York:  1894. 

t"  The  Place  of  University  Extension,"    Unirersity  Extension,  February,  1894. 

[404] 


The  Organic  Concept  of  Society.  89 

From  no  point  of  view  is  society  more  truly  "organic"  than  in  its 
economic  aspect.  If  then  the  organic  concept  is  serviceable  at  all  in 
social  science  it  should  be  so  to  the  economist,  whose  duty  it  is  to 
explain  the  phenomena  of  co-operation.  Economists,  however,  reject 
the  organic  concept  of  society  and  prefer  to  deduce  their  economic 
laws  from  the  theory  of  utility  and  the  facts  of  the  objective  world. 
The  individual,  even  though  a  unit  in  a  complex  mechanism,  is  still 
merely  an  individual  having  his  choices  determined  by  utilitarian  mo- 
tives and  by  objective  conditions.  Differences  in  men,  whether  mental 
or  physical,  are  due  to  the  effects  of  these  objective  conditions,  to  which 
men  must  adj  ust  themselves  in  the  several  local  environments.  Isolated 
men  or  groups  have  their  choices  limited  by  the  opportunities  of  the 
local  environment.  The  characters  and  habits  of  individuals  hemmed 
in  by  a  narrow  environment  become  so  differentiated  from  those  of 
other  persons  adjusted  to  other  local  conditions,  that  distinct  nations 
or  races  are  formed  in  each  section  of  the  world.  Even  when  large 
economic  aggregates  are  formed  by  the  massing  of  people  in  particu- 
lar localities  the  same  objective  conditions  continue  the  differentiating 
process.  The  various  types  of  men  attracted  to  the  locality  by  its  fav- 
orable conditions  find  a  place  for  themselves,  and  additional  types  of 
men  are  evolved  through  the  pressure  created  by  the  struggle  for 
existence.  During  the  first  stages  of  a  civilization,  while  choices  are 
determined  solely  by  objective  conditions  and  strictly  utilitarian 
motives,  this  process  of  differentiation  continues,  and  the  economic 
aggregate  assumes  more  and  more  the  character  of  an  organism.  If 
an  economic  aggregate  were  the  highest  possible  type  of  a  society  and 
a  conscious  utilitarianism  were  the  only  standard  for  action,  there 
would  be  some  justification  for  a  biologic  concept  of  society.  No 
progress  would  be  possible  except  through  a  greater  differentiation  of 
individuals  and  a  closer  interdependence  of  the  parts.  Each  indi- 
vidual would  lose  his  mobility  and  would  tend  to  become  a  mere  cell 
in  a  particular  part  of  the  social  organism. 

These  economic  forces,  however,  are  not  the  true  social  forces.  The 
latter  counteract  the  effects  of  the  economic  forces  and  make  men 
equal,  mobile  and  similar  in  mental  and  physical  characteristics. 
They  take  men  out  from  under  the  domination  of  local,  objective  con- 
ditions and  create  a  common  subjective  environment  which  prevents 
the  differentiation  of  individuals  and  the  growth  of  the  organic  ten- 
dency in  society.  Laws,  customs,  habits,  democratic  feelings,  ethical 
ideals  and  the  other  phenomena  which  constitute  the  subjective  environ- 
ment tend  to  eradicate  those  mental  and  physical  peculiarities  due  to 
local,  objective  conditions,  and  to  blend  the  different  races  of  men  into 
a  common  type.     The  forces  of  the  objective  enviroument  create 

[405] 


90  Annals  of  th^  American  Academy. 

immobility,  inequality  and  subordination  among  individuals.  Those 
of  the  subjective  environment  create  mobility,  equality  and  freedom. 

The  organic  concept  of  society  has  its  origin  in  an  undue  emphasis  of 
the  economic  elements  of  social  progress.  The  phenomena  of  a  grow- 
ing economic  aggregate  are  studied  while  the  true  social  forces  which 
transform  economic  aggregates  into  real  societies  are  neglected.  Such 
studies  always  give  a  wrong  concept  of  social  progress  and  lead 
usually  to  a  bad  system  of  economics  as  well. 

No  better  example  of  the  evil  results  springing  from  the  use  of  this 
method  can  be  found  than  in  the  work  upon  which  I  am  commenting. 
The  whole  of  the  second  book  is  given  up  to  a  description  of  the 
growth  of  a  Western  city  from  its  first  settlement  until  the  present 
time.  It  is  implied  that  this  description  illustrates  all  the  various 
phases  of  social  structure  and  activity.  In  reality,  however,  it  gives 
nothing  but  a  picture  of  the  growth  of  an  economic  aggregate.  It  is 
the  economic  and  not  the  social  structure  that  is  analyzed.  The  influ- 
ence of  the  division  of  labor  on  a  growing  population  and  the  stratifi- 
cation of  society  which  results  from  the  movement  of  various  types  of 
men  into  a  new  region  receive  due  emphasis.  If,  however,  we  compare 
the  social  ideas  of  the  first  settlers  ♦  or  of  the  rural  group  with  those 
of  the  citizens  of  the  city  it  will  be  seen  that  there  has  been  in  this 
respect  a  loss  rather  than  a  gain.  The  area  of  common  action  and 
impulse  has  been  lessened  and  strictly  utilitarian  motives  have  dis- 
placed the  higher  ideals  which  brought  the  first  settlers  into  the  locality 
and  bound  them  together.  The  city  cannot  be  aroused  to  united 
action  so  easily  as  the  rural  community.  Economic  motives  and 
organic  tendencies  have  gained  prominence  at  the  expense  of  social 
progress.  Rapid  economic  integration  has  caused  social  disintegra- 
tion. 

A  false  concept  of  social  growth  is  given  by  such  a  picture  and  false 
ideals  are  inculcated  which  do  immeasurable  harm.  Under  the  pretext 
of  describing  social  growth  and  structure,  a  picture  of  a  growing  eco- 
nomic aggregate  is  presented  under  conditions  where  the  truly  social 
bonds  are  being  weakened  by  the  dominant  economic  forces.  The 
errors  of  socialism  are  mainly  due  to  picturing  such  economic  aggre- 
gates as  though  they  were  true  societies  and  representing  them  as  exem- 
plifications of  the  normal  tendencies  of  social  progress.  Socialists  would 
have  us  believe  that  these  organic  tendencies  are  the  necessary  outcome 
of  social  progress  and  that  we  should  give  up  what  little  freedom 
and  mobility  remain  to  us  in  our  present  economic  aggregates  and 
become  like  a  real  organism  with  diverse  functions  and  immobile  cells. 

The  emphasis  of  organic  analogies  tends  to  strengthen  such  ideals, 

•Pp.  101-104. 

[406] 


The  Organic  Concept  of  Society  91 

and  to  cause  us  to  lose  sight  of  the  true  social  forces.  If  the  develop- 
ment of  the  region  had  been  through  the  natural  growth  of  population 
instead  of  through  immigration,  the  growth  of  social  forces  could 
have  been  observed.  New  customs,  laws,  rights,  duties  and  ideals 
would  develop  to  prevent  the  stratification  of  society.  The  differ- 
ences between  individuals  would  be  lessened,  and  their  mobility  and 
freedom  would  be  increased.  If  these  social  forces  had  complete 
sway  the  organic  cell  would  disappear,  and  the  individual  would  be 
freed  from  the  domination  of  the  local  peculiarities  of  the  objective 
environment. 

Professor  Small  thinks  that,  in  using  the  term  "race  knowledge,'* 
I  unconsciously  adopt  the  organic  concept  of  society.  This,  however, 
overlooks  the  distinction  I  am  trying  to  make.  Race  knowledge  lies 
entirely  in  the  individual,  and  is  a  social  force  only  because  each 
individual  projects  it  and  makes  it  a  part  of  his  environment.  A  sub- 
jective environment  is  thus  created  which  supplements  the  objective 
environment. 

A  teamster,  seeing  a  stone  in  the  road,  turns  out  for  it ;  shortly  after 
he  meets  a  wagon,  and  also  turns  out  for  it  Is  not  the  motive  the 
same  in  both  cases,  and  are  not  also  both  choices  purely  personal  ? 
In  the  one  case  he  has  a  knowledge  of  stones,  in  the  other  a  knowl- 
edge of  certain  social  regulations,  but  in  both  cases  the  knowledge 
plus  certain  utilitarian  considerations  determines  his  action.  The 
choice  in  the  one  case  is  as  purely  individual  as  in  the  other. 

If  we  ask  why  he  projects  this  social  regulation,  and  acts  on  it  as 
though  it  were  a  natural  law,  we  have  to  consider  past  conditions  and 
not  present  realities.  Social  laws  are  of  slow  growth,  and  due  to  the 
psychical  changes  in  individuals.  However,  to  an  individual  under 
given  conditions,  these  social  laws  are  as  real  and  objective  as  are 
natural  laws.  Present  forces  are  either  in  individuals  or  in  the 
environment,  and  they  alone  have  any  influence  on  the  choices  of 
indi\'iduals.  Society  is  the  result  and  not  the  cause  of  the  action 
of  individuals.  Society  is  when  its  members  project  the  same  subjec- 
tive environment,  and  thus  are  led  to  make  the  same  choices.  Its 
force  increases  or  decreases  according  as  the  subjective  environment 
grows  or  diminishes.  It  stands  between  individuals  and  nature,  and 
measures  their  power  over  nature. 

The  fundamental  distinction  here  is  the  difference  between  an 
organism  and  its  environment.  The  one  implies  the  other.  Every 
one  admits  that  the  individual  is  an  organism,  and  that  there  is  an 
objective  environment  to  which  it  must  adjust  itself.  I  think  all  will 
agree  that  the  individual  and  the  objective  world  are  not  the  sole 
factors  in  social  progress.     The  habits,  customs,  rights  and  duties 

[407] 


92  Annals  of  thk  American  Academy. 

which  bind  individuals  into  a  society  imply  another  element  which 
must  be  analyzed  into  a  super-organism  or  into  an  additional  environ- 
ment On  the  one  hand,  we  can  conceive  of  a  social  will  lying  back 
of  the  individual  wills  through  which  the  actions  of  individuals  are 
co-ordinated  and  combined  into  a  general  volition.  These  social 
choices  plus  the  choices  of  individuals  blend  into  one  organism,  which 
stands  opposed  to  the  objective  environment  of  society.  On  the  other 
hand,  we  can  conceive  of  individuals  as  the  sole  organisms,  and  that 
the  objective  environment  is  supplemented  by  a  new  environment 
through  the  habitual  actions  of  these  individuals.  Each  individual 
creates  his  own  subjective  environment  to  supplement  the  objective 
environment  with  which  he  is  in  contact.  Whenever  the  objective 
conditions  and  the  pressure  of  utilitarian  motives  are  the  same  for  a 
group  of  individuals,  they  project  the  same  subjective  environment, 
and  thus  form  a  society. 

The  advantage  of  the  latter  concept  consists  in  its  simplicity.  It 
does  not  call  for  any  powers,  functions  or  activities  beyond  those  found 
in  individuals  or  in  the  objective  world.  The  subjective  environment 
is  merely  the  outcome  of  familiar  forces  in  a  new  form.  Even  in  the 
objective  world  the  secondary  qualities  are  projected  and  visualized 
by  the  individual.  Color,  for  example,  adheres  not  in  the  object,  but 
is  placed  there  by  the  observer.  The  same  faculty  is  utilized  by  the 
individual  to  objectify  his  habitual  choices.  He  thinks  of  them  as 
adhering  in  the  object  although  created  by  himself. 

The  thought  of  a  super-psychology  is  largely  due  to  the  wrong 
notion  of  psychology  we  have  inherited  from  the  English  empirical 
philosophers.  They  held  it  as  a  goal  of  progress,  if  not  as  a  present 
reality,  that  all  motives  should  be  strictly  utilitarian— a  conscious 
measuring  of  pleasures  and  pains.  Habits,  customs,  natural  rights 
and  ideals  were  to  them  remnants  of  primitive  times  and  should  have 
no  influence  on  the  choices  of  rational  beings.  Their  psychology 
overlooked  all  elements  but  those  of  a  conscious  calculating  utilitari- 
anism. They  assumed  that  the  individual  freed  from  social  tyranny 
was  incapable  of  other  motives  and  feelings  than  those  which  their 
philosophy  recognized.  In  this  way  individual  psychology  came  to  be 
used  to  designate  the  type  of  psychology  these  philosophers  had  in 
mind.  It  might  better  have  been  called  utilitarian  psychology  in 
contrast  to  race  or  social  psychology.  The  one  type  shows  the  influ- 
ence of  an  internal  principle — utility — on  the  development  of  the 
psychical  instincts,  the  other  shows  the  influence  of  external  condi- 
tions on  the  same  development.  All  psychology,  however,  is  indi- 
vidual and  rests  on  the  same  ultimate  principles,  no  matter  whether  the 
social  or  utilitarian  elements  are  dominant. 

[408] 


Rent  and  Profits.  93 

The  biologic  sociologists  have  accepted  this  utilitarian  concept  of 
psychology  as  being  the  true  psychology  of  individuals  and  try  to 
create  a  super-psychology  out  of  the  social  elements  neglected  by  the 
utilitarian  philosophers.  They  confuse  the  concrete  individual  of 
society  with  notions  which  these  philosophers  had  of  this  individual 
and  therefore  assume  that  all  psychical  elements  not  recognized  by 
these  philosophers  belong  to  a  super-organism  back  of  the  individual 
to  which  all  social  forces  are  due.  This  false  step  makes  a  super- 
psychology  a  necessity  and  compels  its  advocates  to  use  many  artificial 
and  forced  analogies  in  order  to  convince  the  reader  that  social 
phenomena  differ  radically  from  those  of  individual  activity. 

The  errors  of  the  biologic  sociologists  are  due  to  a  wrong  concept  of 
the  hierarchy  of  the  sciences.*  Making  sociology  follow  directly  after 
biology,  they  overlook  the  fact  that  at  least  three  important  bodies  of 
knowledge  lie  back  of  sociology  and  separate  it  from  biology,  the 
theory  of  goods  based  on  objective  conditions  ;  the  theory  of  utility, 
and  the  theory  of  social  forces.  The  organic  tendencies  of  society  lie 
mainly  in  the  first  of  these  fields — the  conditions  of  the  objective  en- 
vironment. If  then  the  latter  two  theories  are  neglected,  and  the 
sociologist  limits  his  studies  to  primitive  societies,  mere  economic 
aggregates,  where  the  conditions  of  the  objective  environment  are 
dominant,  he  seems  to  prove  the  organic  nature  of  society.  As  soon, 
however,  as  the  theory  of  social  forces  is  developed,  and  the  impor- 
tance of  the  subjective  environment  recognized,  the  defects  of  the 
organic  concept  of  society  become  apparent  and  a  new  concept  must 
be  created  in  which,  especially  for  the  higher  forms  of  society,  the 
first  place  must  be  given  to  the  forces  creating  the  subjective  environ- 
ment. S.  N.  Patten. 

University  of  Pennsylvania. 

professor  j.  b.  ci^ark's  use  op  the  terms  "rent"  and 
"profits." 
The  paper  on  "Rent  and  Profit"  by  Dr.  C.  W.  Macfarlane  in  the 
July  Annai^  is  of  much  interest  for  the  clearness  with  which  the 
concepts  of  "  marginal  "  and  "  differential  "  rent  are  distinguished,  as 
well  as  for  the  attempt  to  crystallize  the  distinction  in  the  suggestive, 
but  hopelessly  awkward  terms,  "price-determining"  and  "price- 
determined"  surplus. 

Dr.  Macfarlane's  detailed  criticisms  are  less  satisfactory — the  case 

against  Professor  J.  B.  Clark  being  signally  inadequate.     The  plausible 

contradiction  found  in  Professor  Clark's  saying  "of  one  and  the  same 

thing  that  it  is  the  more  useful  type  of  true  rent,  and  again,  that  it  is 

•  See  "  Failure  of  Biologic  Sociology,"  Annai.8,  May,  1894. 

[409] 


94  Annals  of  the  American  Academy. 

a  sort  of  mock  renty''*  arises  from  mere  neglect  of  context.  Professor 
Clark's  very  obvious  meaning,  in  the  one  place,  is  that  the  differential 
gain  resulting  from  the  application  to  fertile  soil  of  labor  alone  is  a 
more  useful  type  of  true  rent  than  when  labor  and  capital  conjoined 
are  so  applied  ;t  but  that,  on  the  other  hand,  this  gain  is  a  "  mock 
rent "  in  that  the  product  imputable  to  the  final  increment  of  labor  in 
agriculture  is  not  physically  determined,  but  is  imposed  from  without, 
in  accordance  with  the  product  imputed  to  marginal  labor  in  the 
general  industrial  field.  In  other  words,  **  in  the  strict  sense  of  terms 
the  rent  of  land  is  not  a  diflferential  product, ' '  because  the  base  lin 
or  subtrahend  of  the  differential  is  not  independently  located,  but  i» 
adjusted  to  that  prevailing  in  the  wider  field  of  industry.  J 

Similar  exception  may  be  taken  to  Dr.  Macfarlane's  fundamental 
charge  that  Professor  Clark  is  betrayed  into  including  both  "differen- 
tial rent"  and  "pure  profit"  under  the  general  term  "rent."  The 
contention  would  have  force  were  Professor  Clark's  position  in  fact, 
as  Dr.  Macfarlane  has  interpreted  it,  viz.  :  that  in  an  unbalanced  con- 
dition of  industry  favorable  to  agriculture,  * '  there  will  accrue  to  the 
employer  of  laborer,  and  later  to  the  owner  of  la?id,  a  surplus  equal  to 
the  difference  between  the  productivity  of  labor  in  this  special  branch 
of  industry,  and  its  productivity  in  that  branch  in  which  it  is  least  pro- 
ductive, since  the  rate  of  wages  is  set  by  the  latter."^  The  fallacy 
of  Dr.  Macfarlane's  criticism  appears  in  the  phrase  italicized,  "  and 
later  to  the  owner  of  land."  It  is  of  the  very  essence  of  Professor 
Clark's  thought  that  the  temporary  surplus  due  to  dynamic  changes 
in  group  industry  constitutes  the  reward  of  the  entrepreneur  function, 
and  that  it  reverts  to  the  owner  of  land  only  when  this  agent  is  at  the 
same  time  the  employer  of  labor  and  capital,  just  as,  under  parallel 
conditions,  wages  and  interest  would  be  merged.  1|  With  functions 
rigidly  differentiated,  pure  profit  passes  from  the  entrepreneur  only  to 
be  annihilated  as  a  fund  by  dissipation  among  consumers.  The  very 
agency  by  which  transference  of  profit  to  the  owner  of  land  might  be 
effected — ^the  competition  of  added  entrepreneurs — causes  an  influx 
of  labor  and  capital  into  agriculture,  a  consequent  reduction  of  mar- 
ginal productivity  in  the  favored  group  to  that  prevailing  in  the 
general  field,  and  the  disappearance  of  pure  profit  as  a  distinct  fund. 
To  arrive  at  the  result  stated  by  Dr.  Macfarlane,  we  should  have  to 

•  Annals,  July,  1894,  p.  98. 

t  Quarterly  Journal  0/  Economics,  April,  1891,  p.  304. 
I  Tbid.,  pp.  307-310. 
I  Annals,  July,  1894,  p.  99. 

I  Sec  in  particular  "Profits  under  Modern  Conditions"  in  Clark  and  Giddings' 
••  Modem  Distributive  Process."    Boston:  1888. 

[410] 


^ 


Rent  and  Profits  95 

regard  agriculture  as  an  isolated  industrial  group,  with  a  dynamic  gain 
])etrified  into  a  permanent  group  advantage  by  the  exclusion  of  all 
additional  industrial  factors,  save  bare-handed  captains  of  industry. 

In  another  connection  the  present  writer  hopes  to  inquire  whether 
the  recognition  of  a  marginal  rent  in  distribution,  distinct  from  an 
ordinary  diflferential  surplus,  as  urged  by  various  writers,  certain  of 
whom  Dr.  Macfarlane  has  cited,  is  not  erroneous  in  analysis,  and, 
as  applied  to  theories  of  production  and  distribution,  misleading  in 
practice.  J.  H.  Holi^ander. 

Johns  Hopkins  University. 


PERSONAL  NOTES. 


AMERICA. 

Central  University.— Mr.  Christopher  Lester  Avery,  Jr.,  has  been 
appointed  Professor  of  History  and  Political  Science  at  Central  Uni- 
versity, Richmond,  Ky.  Mr.  Avery  was  born  at  Groton,  New  London 
County,  Conn.,  on  September  4,  1873,  ^^^  received  his  early  education 
through  private  instruction,  with  the  exception  of  two  years  which  he 
spent  at  the  Norwich  Academy.  In  1893  he  graduated  from  the  aca- 
demic department  of  Yale  with  the  degree  of  A.  B.  Since  leaving  Yale 
he  has  been  connected  with  the  Central  University  holding  the  position 
of  Assistant  in  History  until  his  present  appointment. 

Columbian  University. — Dr.  James  Clarke  Welling,  President  of  the 
Colmnbian  University  of  Washington,  died  of  heart  disease  at  his 
residence  in  Hartford,  Conn.,  on  September  4,  1894.  He  was  bom  in 
Trenton,  N.  J.,  on  July  14,  1825.  He  was  educated  at  Princeton 
College,  where  he  graduated  in  1844.  He  then  studied  law,  but 
renounced  that  profession  in  1848  to  become  an  Associate  Principal  of 
the  New  York  Collegiate  School.  In  1850  he  went  to  Washington  as 
literary  editor  of  the  old  National  Intelligencer y  of  which  in  1856  he 
became  the  chief  manager. 

His  editorship  continued  through  the  most  of  the  Civil  War.  Adher- 
ing to  the  old-line  Whig  party,  he  supported  the  Bell  and  Everett 
ticket  in  i860,  but  gave  to  the  war  for  the  Union  his  loyal  support, 
advocating  Lincoln's  proposition  of  emancipation  with  compensation 
to  loyal  owners,  the  abolition  of  slavery  in  the  District  of  Columbia, 
and  its  abolition  throughout  the  Union  by  constitutional  amendment ; 
but  he  questioned  the  validity  of  the  emancipation  proclamation,  and 
Btrenuously  opposed  the  constitutionality  of  military  commissions  for 
the  trial  of  citizens  in  loyal  States. 

The  discussion  of  these  and  similar  questions  in  the  National 
Intelligencer  during  this  period  often  took  the  form  of  elaborate 
papers  on  questions  of  constitutional  or  international  law. 

Dr.  Welling  withdrew  from  journalism  in  1865  and  spent  the  fol- 
lowing year  traveling  in  Europe.  He  had  been  previously  appointed 
a  clerk  of  the  United  States  Court  of  Claims,  but  resigned  that  office 
in  1867,  when  he  was  installed  as  President  of  St.  John's  College,  at 
Annapolis,  Md.  In  1879  he  was  appointed  Professor  of  Belles  Lettres 
in  Princeton  College,  but  resigned  that  post  in  the  following  year  to 

[412] 


Personal  Notes.  97 

accept  the  Presidency  of  Columbian  College,  now  known  as  Columbian 
University.  Under  his  able  and  energetic  administration  that  institu- 
tion was  greatly  enlarged,  received  a  new  charter  from  Congress^ 
erected  a  building  in  the  heart  of  Washington,  and  laid  the  founda> 
tion  of  a  free  endowment. 

At  the  same  time  he  was  connected  with  many  literary,  historical 
and  scientific  societies.  He  was  President  of  the  Board  of  Trustees  of 
the  Corcoran  Gallery  of  Art  since  1877.  In  1884  he  was  appointed  a 
regent  of  the  Smithsonian  Institution,  and  soon  afterward  he  was 
elected  Chairman  of  its  Executive  Committee.  He  was  an  active 
member  of  the  Philosophical  and  Anthropological  Societies  of  Wash- 
ington. In  1884  he  was  chosen  President  of  the  former.  He  was 
President  of  the  Copyright  League  of  the  District  of  Columbia.  From 
1890  to  1894  he  was  a  member  of  the  Council  of  the  American  Academy 
of  Political  and  Social  Science.  In  1868  he  received  the  degree  of 
LL.  D.  Despite  his  activity  in  so  many  directions,  he  found  time  to 
contribute  frequently  to  periodicals. 

Cornell  University. — Dr.  W.  F.  Willcox*  has  been  advanced  from 
the  position  of  Assistant  Professor  to  that  of  Associate  Professor  of 
Social  Science  and  Statistics  at  Cornell  University. 

University  of  Denver. — Dr.  James  Edward  Le  Rossignol  has  been 
appointed  Professor  of  History  and  Political  Economy  at  the  Univer- 
sity of  Denver,  Colo.  He  was  bom  in  Quebec,  Canada,  on  October 
24,  1866.  He  attended  the  public  schools  in  Quebec  and  Montreal, 
and  in  1884  entered  McGill  College  in  Montreal,  from  which  he  gfrad- 
uated  in  1888  with  the  degree  of  A.  B.  The  following  year  he  taught 
in  the  Montreal  public  schools,  and  in  1889  went  to  Leipzig  to  pursue 
post-graduate  studies.  He  remained  abroad  until  1892,  receiving  the 
degree  of  Ph.  D.,  from  the  University  of  Leipzig.  The  spring  of  that 
year  he  studied  at  the  Clark  University,  Worcester,  Mass.  Dr.  Le 
Rossignol  was  then  appointed  Professor  of  Psychology  and  Ethics 
at  the  Ohio  University,  at  Athens,  taking  also  the  work  in  Political 
Economy.     This  position  he  resigned  to  go  to  Denver. 

He  has  written  : 

"  The  Ethical  Philosophy  of  Samuel  Clarke,^^  Pp.  100.  Leipzig,  1892. 

*'  The  Training  of  Animals^'''*  American  Journal  of  Psychology,, 
Vol.  V,  No.  2,  1892. 

** Malevolence  in  the  Lower  Animals,''^  Ohio  University  Bulletin,. 
1893. 

De  Pauw  University  — Professor  James  Riley  Weaver,  who  has  helfl 
the  chair  of  History  and  Political   Science  at  De  Pauw  University^ 

♦  Sec  Annals,  vol.  H,  p.  364,  November,  1891. 

[413] 


98  Annai3  of  the  American  Academy. 

Greencastle,  Ind. ,  has  been  made  Professor  of  Political  Science.  Mr. 
Weaver  was  born  at  Youngstown,  Westmoreland  County,  Pa.,  on 
October  21,  1839.  His  early  education  was  obtained  in  the  public  and 
private  schools  of  the  county  and  the  county  normal  school.  In  1863 
he  graduated,  with  the  degree  of  A.B.,  from  Allegheny  College, 
Meadville,  Pa.,  having  studied  there  for  two  years.  In  1865  he 
received  the  degree  of  A.  M.  from  the  same  college.  The  year 
1865-66  he  studied  at  the  Methodist  General  Institute,  at  Concord,  N. 
H.,  and  the  following  year  at  the  Garrett  Biblical  Institute,  of  Evans- 
ton,  111.,  receiving  in  1867  the  degree  of  S.  T.  B.  Professor  Weaver 
spent  the  next  two  years  in  teaching,  first  as  Principal  of  Dixon 
Academy,  Illinois,  and  then  as  Professor  of  Mathematics  and  Military 
Science  at  the  West  Virginia  University.  For  the  next  sixteen  years 
he  was  a  member  of  the  United  States  consular  service.  The  years 
1869  and  1870  he  was  Consul  at  Brindisi,  Italy,  the  years  1870-79 
he  was  Consul  at  Antwerp,  Belgium,  and  the  years  1879-85  he  was 
Consul-General  at  Vienna,  being  also  Secretary  of  the  Legation  and 
Charg€  d'Aflfaires  during  1882-83. 

In  1885  he  returned  to  the  United  States  and  became  Professor  of 
Modem  lyanguages  at  De  Pauw  University.  The  following  year  he 
was  made  Professor  of  History  and  Political  Science. 

Professor  Weaver  is  a  member  of  the  American  Economic  Associa- 
tion and  the  American  Academy  of  Political  and  Social  Science. 

Harvard  University. — Dr.  Freeman  Snow,  Instructor  in  International 
Law  at  Harvard  University,  died  on  September  12,  1894.  Dr.  Snow 
was  bom  on  April  16,  1841,  at  EHicottville,  Cattaraugus  County,  N.  Y. 
His  early  education  was  obtained  in  the  public  schools  of  New  York 
State  and  at  Phillips  Academy  at  Andover,  He  entered  Harvard  Uni- 
versity in  1869,  and  graduated  in  1873  with  the  degree  of  A.  B.  From 
1873  to  February,  1876,  he  was  Assistant  Professor  of  History  and 
Law  at  the  U.  S.  Naval  Academy.  From  Febmary  to  July,  1876,  he 
was  a  Master  in  the  Boston  Latin  School.  The  next  four  years  he 
spent  in  post-graduate  study,  during  1876-77  at  Harvard,  and  during 
1877-80  at  Berlin,  Heidelberg  and  Paris.  He  received  in  1877  the  de- 
gree of  Ph.  D.,  from  Harvard,  having  also  received  the  degree  of 
A.  M.  from  that  institution.  From  1880  to  1884  he  was  Instmctor  in 
History  and  Forensics  at  Harvard  and  from  1886  to  the  time  of  his 
death,  Instmctor  in  International  Law.  During  1887-91,  he  studied 
at  the  Harvard  Law  School,  and  received  in  1891  the  degree  of 
L.L.  B. 

Dr.  Snow  was  a  member  of  the  American  Historical  Association. 
He  wrote : 

[414I 


Pkrsonai,  Notes.  99 

*'A  Guide  to  the  Study  of  the  Constitutional  and  Political  History 
of  the  United  States,  1789-1860:'     Pp.258.     1883. 

^'A  Review  of  the  Fisheries  Question:'     Forum,  December,  1887. 

''  Legal  Rights  Under  the  Clayton- Bulwer  Treaty:'  Harvard  Law 
Review,  May,  1889. 

''A  Defence  of  Congressional  Government:'  Papers  of  the  Ameri- 
can Historical  Association,  July,  1890. 

**  The  New  Orleans  Riot,"  Christian  Register,  April  16,  1891. 

**  The  Chilean  Embroglio:'     Harvard  Monthly,  February,  1892. 

''Cabinet  Government  in  the  United  States:'  Annai^,  Vol.11, 
July,  1892. 

''Annexation  of  Hawaii:'     Harvard  Monthly,  1893. 

'\Cases  and  Opinions  on  International  Law:'    Pp.   626.    Boston  : 

1893. 

"A  Selection  of  Treatises  and  Documents  for  the  Study  of  Ameri- 
can Diplomacy:'    Pp.  450. 

Haverford  College. — Mr.  Rufus  M.Jones  has  been  appointed  In- 
structor in  History  at  Haverford  College.     He  was  bom  January  25, 
1863,   at  China,  Kennebec    County,    Me.      He   studied  at  the  Oak 
Grove  Seminary,  at  Vassalboro,  Me.,  and  at  the  Friends'  Boarding 
School,  Providence,  R.  I.     He  entered  Haverford  College,  graduating 
in  1885  with  the  degree  of  A.  B.     The  following  year  he  received  the 
degree  of  A.  M.  from  Haverford.     He  then  went  abroad  for  one  year 
to  study  in  France  and  Germany.     Upon  his  return  he  became  teacher 
in  Modem  Languages  and  American  History  in  the  Friends*  Boarding 
School,  at  Providence.     After  two  years  here  (1887-89),  he  became 
principal  of  the  Oak  Grove  Seminary,  where  he  remained  four  years 
(1889^3). 
Mr.  Jones  is  editor  of  The  American  Ffiend,  and  has  "written  : 
'•  History  of  Friends  in  Kennebec  County,  Maine:'     Pp.  3a 
*•  Life  and  Work  of  Eli  and  Sybil  f ones:'    Pp.  300. 

University  of  Illinois. — Dr.  Evarts  Boutell  Greene  has  been  ap- 
pointed Assistant  Professor  of  History  in  the  University  of  Illinois. 
He  was  bom  July  4,  1870,  at  Kobe,  Japan,  and  attended  a  private 
school  in  Yokohama,  Japan,  and  public  schools  in  Westborough,  Mass., 
and  Evanston,  111.  In  1885  he  entered  the  Northwestern  University 
at  Evanston,  where  he  remained  three  years.  In  1888  he  entered  Har- 
vard University,  and,  two  years  later  received  the  degree  of  A.  B.  He 
pursued  post-graduate  work  at  Harvard  for  three  years  (1890-93)  and 
at  the  University  of  Berlin  for  one  year  (1893-94).  He  received  from 
Har^'ard  the  degree  of  A.  M.  in   1891,  and  that  of  Ph.  D.  in  1893.* 

•  Sec  Annals,  vol.  iv,  p.  313,  September,  1893. 

[415] 


loo  Annaxs  op  thk  American  Academy. 

Dtiring  1892-93  he  was  Assistant  in  History  at  Harvard,  and  during 
the  past  year  he  held  the  Harris  Fellowship  in  History.* 

Iowa  State  University. — Mr.  Charles  Beardsley,  Jr.,  has  been  ap- 
pointed Instructor  in  Economics  at  the  State  University,  Iowa  City, 
la.  He  was  bom  December  26,  1867,  at  Burlington,  Iowa,  and 
attended  the  Burlington  Grammar  Schools  and  the  Washington  (D.  C.) 
High  School.  In  1888  he  entered  Harvard  University,  and  graduated 
in  1892  with  the  degree  of  A.  B.  During  1892-93  he  was  oflBcially 
connected  with  the  Charity  Organization  Society  of  Burlington,  Iowa, 
and  he  spent  the  past  year  in  graduate  study  of  economics  at  Har- 
vard. 

Kansas  State  Agricultural  College. — Mr.  Thomas  Elmer  Will  has 
been  appointed  Professor  of  Economics  at  the  State  Agricultural  Col- 
lege, Manhattan,  Kans.  He  was  bom  November  11,  1861,  at  Stone's 
Prairie,  Adams  County,  111.  His  early  education  was  obtained  in  the 
local  schools  of  Plainfield  and  Roanoke,  HI.,  and  Carroll  County, 
Mo.  From  1880  to  1882  he  taught  school  at  Roanoke.  He  then  stud- 
ied for  three  years  at  the  State  Normal  University,  Normal,  111.  The 
next  year  (1885-86)  he  taught  at  Lacon,  and  Golconda,  111.,  passing 
the  State  teachers'  examination  in  1886.  From  1886  to  1888  he  taught 
in  the  public  schools  of  Springfield,  111.,  and  then  in  1888  entered  the 
University  of  Michigan.  After  one  year  he  went  to  Harvard  where  he 
studied  for  two  years,  receiving  in  1890  the  degree  of  A.  B.,  and  in 
1891  the  degree  of  A.  M.  The  latter  year  he  held  the  Henry  Lee  Fel- 
lowship in  Political  Economy.  The  two  years  following,  Mr.  Will 
was  Professor  of  History  and  Political  Science,  at  Lawrence  University, 
Appleton,  Wis.  During  the  past  year  he  has  been  delivering  courses 
of  lectures  in  Boston,  on  Social  Economics,  and  has  held  the  position 
of  Secretary  and  Treasurer  of  the  Boston  Union  for  Practical  Progress. 
Most  of  his  writings,  a  list  of  which  are  given  below,  have  been  in 
connection  with  his  work  as  Secretary  of  this  Union.     They  are  : 

**  The  Social  Organism,'^  Chicago  Voice,  July,  1892. 

•'  The  Single  Tax;'  Good  Form,  March,  1893. 

*'  The  Study  of  History,  ""^  Chicago  Voice,  June  and  July,  1893. 

'•  Rent:  Its  Essence  and  its  Place  in  the  Distribution  of  Wealth^* 
Arena,  December,  1893. 

"  The  Sweating  System  in  Boston,''^  Pp.  20.     Boston,  1894. 

*^  Eighteen  Lectures  on  Social  Economics,''  Pp.77.       Boston,  1894. 

*^  Child  Slavery  in  America,"  Arena,  June,  1894. 

•'  Public  Parks  and  Play  Grounds,"  Ibid.,  July,  1894. 

••  The  City  Union  for  Practical  Progress,"  Ibid. 

•  Ibid.,  p.  315. 

[416] 


Personai.  Notes.  ioi 

**  Criminals  and  Pnsons,''  Ibid.     August,  1891. 

*' Municipal  Reform,''  Ibid.,  September,  1894. 

*•  Tlie  Problem  of  Ihe  Unemployed,''  Ibid.,  October,  1894. 

^'' Political  Corruption,"  Ibid.,  November,  1894. 

Leland  Stanford  Jr.  University.— Dr.  George  Kriehn*  has  been 
appointed  Assistant  Professor  of  Social  and  Institutional  History,  at 
the  Leland  Stanford  Jr.  University.     He  has  recently  written  : 

••  English  Popular  Upheavals  in  the  Middle  Ages,"  Proceedings  of 
the  American  Historical  Association,  1893. 

Mrs.  Mary  E.  B.  Roberts  Smith  has  been  appointed  Assistant  Pro- 
fessor of  Social  Science  at  Iceland  Stanford  Jr.  University.  She  was 
born  October  28,  i860,  at  Kingsbury,  Ind.,  and  obtained  her  early 
education  chiefly  under  private  tutors.  In  1877  she  entered  Cornell 
University  and  graduated  with  the  degree  of  Ph.  B.,  in  1880.  The  fol- 
lowing year  she  was  employed  on  the  Rural  New  Yorker,  and  in  1881 
returned  to  Cornell  for  graduate  study,  receiving  in  1882  the  degree 
of  M.  S.  From  1882  to  1884  she  taught  history  in  the  Washington 
(D.  C.)  high  school,  and  from  1884  to  1886  was  co-principal  and  teacher 
of  history  in  Miss  Nourse  and  Miss  Roberts'  School  for  Young  Ladies, 
in  Cincinnati,  Ohio.  From  1886  to  1890  she  was  Instructor  in  History 
and  Economics  at  Wellesley  College,  being  also  during  1888-90,  Regis- 
trar and  Secretary  of  the  Board  of  Examiners. 

Massachusetts  Institute  of  Technology.— Mr.  John  Osborne  Sumner 
has  been  appointed  Instructor  of  History  at  the  Massachusetts  Insti- 
tute of  Technology.  He  was  bom  in  Boston  on  November  26,  1863, 
and  was  educated  in  the  private  schools  in  Boston  and  under  private 
tutors.  He  then  entered  Harvard,  and  graduated  in  1887  with  the 
degree  of  A.  B.  The  following  year  he  took  post-graduate  work 
at  Harvard,  receiving  the  degree  of  A.  M.  He  then  went  abroad, 
remaining  about  five  years,  most  of  the  time  in  Germany.  He 
studied  for  six  semesters  at  the  University  of  Berlin.  Mr.  Sumner  is 
a  member  of  the  American  Historical  Association  and  of  the  Virginia 
Historical  Society.     He  has  written  : 

''  Materials  for  the  History  of  the  Southern  Confederacy."  Pro- 
ceedings of  the  American  Historical  Association,  1889. 

University  of  Pennsylvania. — Dr.  John  Quincy  Adamsf  has  been 
advanced  to  the  position  of  Assistant  Professor  of  Political  Science  in 
the  Wharton  School  of  Finance  and  Economy.  In  1892  Dr.  Adams 
was  elected  Secretary  of  the  Association  of  Colleges  and  Preparatory 

•  Sec  Annals,  vol.  iv,  p.  460,  November,  1893. 
fSee  Annals,  Vol.  iii,  p.  373,  November,  1892. 

[417] 


I02  Annai^  of  Tun  American  Academy. 

Schools  of  the  Middle  States  and  Maryland,  a  position  which  he  still 
retains,  and  in  February,  1894,  he  was  elected  General  Secretary  of 
the  American  Academy  of  Political  and  Social  Science. 

Dr.  Samuel  McCune  Lindsay  has  been  appointed  Instructor  in  Soci- 
ology in  the  Wharton  School  of  Finance  and  Economy.  Dr.  lyindsay 
was  born  in  Pittsburgh,  Pa.,  on  May  10,  1869.  His  early  education 
was  obtained  in  private  and  the  public  schools  of  Philadelphia.  In 
1885  he  entered  the  University  of  Pennsylvania  and  graduated  in 
1889  with  the  degree  of  Ph.B.  The  following  two  years  he  spent  in 
post-graduate  work  at  the  University  of  Pennsylvania,  teaching  also 
during  the  winter  of  1890-91  in  Mr.  George  F.  Martin's  School.  In 
1891  he  went  abroad  and  studied  at  the  Universities  of  Halle,  Berlin, 
Vienna,  (1891-92),  Rome  (1893),  Vienna  (1893)  and  Paris  (1893-94). 
During  1892-93  at  the  request  of  the  United  States  Senate  Finance 
Committee,  he  collected  the  German  and  English  price  quotations 
embodied  in  their  report  on  wholesale  prices. 

Dr.  Lindsay  is  a  member  of  the  British  Economic  Association,  of 
the  American  Economic  Association  and  of  the  Council  of  the  Ameri- 
can Academy  of  Political  and  Social  Science. 

Besides  contributions  in  the  Nation  and  in  Palgrave's  "Dictionary 
of  Political  Economy,"  he  has  written  : 

"Z>z>  Silberfrage  in  den  Vereinigten  Staaten.^^  Conrad's  Jahr- 
biicher.     Third  Series,  Vol.  Ill,  1892. 

^*  Die  el/te  Volkszdhlung  der  Vereinigten  Staaten  NordamerikasJ'^ 
Ibid.    Third  Series,  Vol.  IV,  1892. 

**  Social  Work  at  the  Krupp  Foundries y''  Annates.     Vol.  Ill,  Nov. 

1893. 
**  Die  Preisbewegung  der  Edelmetalle  seit  1850,'*^    Pp.  54.     Halle, 

1893. 

'*  Die  Preisbewegung  der  Edelmetalle  seit  1850  verglichen  mil 
der  andem  Metalle,  unter  besonderer  Bertccksichtigung  der  Produk- 
tions-und  Kosumtionsverhaltnisse.^^    Pp.  219.    Jena,  1893. 

Swarthmore  College. — Dr.  William  Isaac  Hull*  has  been  appointed 
to  the  Joseph  Wharton  Professorship  of  History  and  Political  Econ- 
omy, at  Swarthmore  College.  In  1892  he  received  his  degree  of  Ph. 
D.t  from  Johns  Hopkins  University.  During  the  past  year  he  was 
elected  to  the  Council  of  the  American  Institute  of  Christian  Sociology 
and  to  the  Council  of  the  American  Academy  of  Political  and  Social 
Science.    Dr.  Hull  has  recently  written  as  co-editor  with  W.  H.  Tolman: 

*'  Hand-Book  0/  Sociological  References  for  New  York,''  Pp.  230. 
New  York,  1894. 

♦  See  Annals,  vol.  iii,  p.  90,  July,  1892. 

t  See  Anwai.8,  vol.  iii,  p.  241,  September,  1892. 

[418] 


Person Ai,  Notes.  103 

Syracuse  University. — Mr.  Delmer  Edward  Hawkins  has  been  ap- 
pointed Instructor  of  Political  Science  at  Syracuse  University  (N.  Y.). 
He  was  bom  at  Moores,  Clinton  County,  N.  Y.,  on  June  ii,  1868.  His 
early  education  was  obtained  at  the  Moores  High  School  and  the 
Cazenovia  (N.  Y.)  Seminary.  He  studied  at  Syracuse  University, 
graduating  in  1894  with  the  degree  of  A.  B. 

Wesleyan  University.— Dr.  Alfred  Pearce  Dennis  has  been  appointed 
Associate  Professor  of  History  at  Wesleyan  University,  Middletown, 
Conn.  Dr.  Dennis  was  bom  at  Beverly,  Worcester  County,  Md.,  on 
June  10,  1869.  He  attended  school  at  Princess  Anne,  Md.,  and  the 
Blair  Academy,  Blairstown,  N.  J.  He  graduated  from  Princeton  Uni- 
versity in  1 89 1,  receiving  the  degree  of  A.  B.  The  following' -three 
years  he  spent  in  post-graduate  study  at  Princeton,  holding  a  Fellow- 
ship in  History  in  1891-92,  and  a  University  Fellowship  in  Social 
Science,  in  1892-93.  During  these  three  years  he  filled  also  the  posi- 
tion of  Lecturer  in  History  at  the  Evelyn  College  for  Young  Women, 
at  Princeton,  and  he  was  Instructor  in  History  at  Princeton  Uni- 
versity during  1892-94.  He  received  from  the  same  University  the 
degree  of  A.  M.  in  1893,  and  of  Ph.  D.  in  1894. 

Professor  Dennis  is  a  member  of  the  Princeton  Philosophical  Club. 
On  the  two  hundredth  anniversary  of  the  removal  of  the  State  capital, 
he  delivered  an  historical  address  at  Annapolis,  Md.,  on  "  The  Cath- 
olic  and  Puritan  in  Maryland y''  which  has  been  published  by  the 
Legislature.  

In  addition  to  those  previously  mentioned,*  the  following  students 
received  the  degree  of  Doctor  of  Philosophy  for  work  in  political  and 
social  science  and  allied  subjects  during  the  past  year  : 

University  of  California. — Louis  T.  Hengstler,  A.  M.  Thesis:  The 
Development  of  English  Individualism  During  the  Second  Half  of 
the  Eighteenth  Century. 

University  of  Pennsylvania. — Herbert  Friedenwald,  A.  B.  Thesis: 
The  Bounty  System  of  the  American  Revolution  in  17 7 5  and  1776. 

In  addition  to  those  previously  mentioned,!  the  following  appoint- 
ments to  fellowships  and  post-graduate  scholarships  have  been  made 
for  the  year  1894-95  : 

University  of  California. — Fellowship  in  Political  Economy,  Clarence 
Woodbury  Leach,  Ph.  B. 

University  of  Minnesota. — Fellowship  in  Afnerican  History^  Prank 
M.  Anderson,  A.  B. 

*  Aknals,  vol.  ▼,  p.  282,  September,  1894. 
t/&iV/.  p.  283. 

[419] 


J04  ANNAI.S  OF  THK  AMERICAN  ACADKMY. 

University  of  Pennsylvania. —  Wharton  School  Fellows,  Lytnan  P, 
Powell,  A.  B.;  Benjamin  F.  Shambaugh,  B.  L.,  and  Edward  T.  Devine, 
Ph.  D. 

GERMANY. 

Halle.— Dr.  Robert  Friedberg  was  appointed  Ordinary  Professor  of 
the  Political  Sciences  at  Halle  on  July  31,  1894.  He  was  born  in  Ber- 
lin, June  28,  1 85 1,  and  received  his  early  education  in  the  Louiseustadt- 
ische  Realschule  (1859-66)  and  the  Kollnische  Gymnasium  (1866-71) 
of  that  city.  He  studied  law  and  political  science  at  the  Universities 
of  Berlin,  Heidelberg  and  Leipzig  from  1871  to  1875,  receiving  the 
degree  of  Ph.  D.  at  the  last  named  institution  in  1875.  After  two 
years  spent  in  travel  in  France  and  England,  he  became  Privatdozent 
for  Political  Economy  in  I^eipzig  in  1877.  In  1884  he  transferred  to 
Halle,  where,  in  1885,  he  received  an  appointment  to  the  newly  created 
Extraordinary  Professorship  for  the  Political  Sciences,  which  he  has 
since  occupied.  Since  1886  he  has  represented  Halle  and  the  Saale 
District  in  the  Prussian  House  of  Representatives,  and  since  1893  the 
second  election  district  of  the  Duchy  of  Anhalt  in  the  Reichstag. 
Professor  Friedberg  is  a  member  of  the  National  Liberal  party. 

In  addition  to  numerous  reviews  in  Zarucke's  Litterarischen  Cen- 
tralblatt  and  Conrsidi' sjahrbuchem,  Professor  Friedburg  has  written  : 

*'  Die  Borsensteuer,''  Berlin,  1875. 

**  Die  Besteurung  der  Gemeinden,**  Berlin,  1877. 

*•  Vorschloge  zur  technischen  Dutchfuhrung  eines  prozentualen 
Borsensteur,''  ^^nsi,  1882. 

''Zur  Theorie  der  Stempelsteuer,'"  Conrad's  Jahrbiichem,  1878. 

*'  Die  Italienische  Mahlsteuer,  Ibid.,  1884. 

*'  Das  Reichsborsensteuergesetz,''  Ibid.,  1885. 

*' Zur  Reform  der  Gemeindebesteuerung  in  Preussen,''  Ibid.,  1892. 


[420] 


BOOK  DEPARTMENT. 


REVIEWS. 

American  Street  Railway  Investments.    A  supplement  to  the  Street 

Railway  Journal.  Pp.  155.    Published  annually.    New  York:  Street 

Railway  Publishing  Co.,  1894. 
Manual  of  American   Water-Works^    i8go-gr.      Edited  by  M.  N. 

Bakkr,  Ph.B.      Pp.384.      Price,  I3.00.     New  York:    Engineering 

News  Publishing  Co.,  1892. 

Students  of  municipal  administration  and  finance  have  complained, 
and  not  without  justification,  of  the  lack  of  trustworthy  material.  The 
various  year-books,  annuals  and  manuals,  published  by  foreign  cities, 
have  been  held  up  to  us  as  models  of  concise  statement  and  scientific 
arrangement,  both  as  regards  the  financial  and  administrative  facts  of 
municipal  development.  Although  very  few  bf  our  larger  cities  have 
as  yet  attempted  such  a  compilation,  the  increasing  comprehensiveness 
of  the  regular  department  reports  soon  promises  to  give  us  adequate 
material  for  the  pursuit  of  monographic  work,  from  which  alone  we 
are  to  expect  the  solution  of  some  of  the  most  difficult  of  our  prob- 
lems. 

During  the  last  few  years  a  number  of  manuals  and  compendia  have 
appeared  which,  although  attracting  but  comparatively  little  attention 
outside  the  circles  immediately  interested,  contain  some  of  the  most 
valuable  information  concerning  the  condition  of  our  municipalities. 
Perhaps  the  most  instructive  feature  common  to  all  is  the  readiness 
with  which  the  material  lends  itself  to  comparative  study. 

"American  Street  Railway  Investments"  gives  us  information  con- 
cerning more  than  one  thousand  street  railway  companies  oi>erating 
in  upwards  of  six  hundred  cities  and  towns.  For  cities  of  50,000  in- 
habitants and  more,  such  additional  statistics  are  given  as  will  give  a 
general  idea  of  their  financial  condition  and  industrial  development. 
A  large  number  of  maps  tracing  the  street  railway  systems  in  the 
larger  cities  add  both  to  the  interest  and  value  of  the  work. 

As  regards  any  general  conclusions  which  this  vast  fund  of  statistics 
may  warrant,  it  can  hardly  be  said  that  they  are  either  numerous  or 
very  important.  This  is  due  to  the  one  grave  defect  of  an  otherwise 
model  publication,  namely,  the  absence  of  all  information  concerning 
the  relations  existing  between  the  public  transportation  companies  and 
their  respective  municipalities.  The  book  was  not  intended  for  stu- 
dents of  the  subject;  but  even  from  the  standpoint  of  the  investor 

[421] 


io6  Annai^  of  th^  Amkrican  Acadkmy. 

one  would  very  naturally  suppose  that  the  great  dijfferences  in  the 
method  of  dealing  with  such  companies  would  be  very  material  to 
any  question  of  financial  standing.  There  can  be  but  one  explanation 
to  this  almost  inexcusable  omission,  namely,  that  American  munici- 
palities, as  a  rule,  impose  few  financial  burdens  upon  street  railway 
companies,  and  even  where  the  contractual  obligations  seem  to  indicate 
an  adequate  return  for  the  franchises  granted,  such  obligations  are 
seldom  enforced. 

One  fact  which  is  brought  out  with  unmistakable  clearness  is  the 
rapid  process  of  consolidation  which  is  concentrating  the  street  railway 
lines  in  all  our  great  cities  in  the  hands  of  a  few  large  corporations. 
Thus,  in  Philadelphia,  two  companies  control  297  of  the  total  of  372 
miles  of  street  railway;  in  New  York,  213  of  a  total  of  396.  That  this 
consolidation  will  greatly  simplify  the  question  of  municipal  control 
over  such  companies  there  can  be  no  question.  That  it  is  for  the  mo- 
ment favorable  to  an  undue  abuse  of  power  by  these  gigantic  corpora- 
tions is  no  less  a  matter  of  universal  experience.  Without  entering 
into  any  discussion  of  probable  future  development,  the  clear  recog- 
nition of  our  present  condition  with  all  its  advantages  and  abuses  is  the 
first  step  toward  a  more  rational  and  economic  solution  of  the  prob- 
lem of  transportation  by  our  municipalities.  We  must  first  grasp  its 
purely  financial  bearings.  The  questions  of  social  policy  are  for  a  sub- 
sequent period  in  our  development. 

The  volume  on  "American  Water- Works,"  of  which  the  first  num- 
ber appeared  in  1888,  performs  the  same  service  for  this  department 
of  municipal  government  as  does  the  above  work  for  the  question  of 
public  transportation.  Nearly  2000  cities  and  towns  are  included  vnth 
almost  every  variety  of  municipal  and  private  ownership.  The  infor- 
mation concerning  the  water  supply  in  our  larger  cities  indicates  an 
initial  sacrifice  of  natural  facilities  with  subsequent  attempts  to  regain 
the  ground  lost  through  these  errors.  The  vast  range  of  territory  cov- 
ered will  naturally  make  this  work  a  guide  to  more  detailed  re- 
search rather  than  a  storehouse  of  available  material. 

Iv.  S.  RowK. 

University  of  Pennsylvania. 


Restrictions  upon  Local  and  Special  Legislation  in  State  Constitu- 
tions. By  Chari.es  Chauncey  Binney.  Pp.  195.  Price,  I1.50. 
Philadelphia:  Kay  &  Bros.,  1894. 

Rudolph  von  Gneist,  in  his  "Self-government"  {*'  Kommunalner- 
fassung  und  Verwaltungsgerichte ''),  speaks  of  the  influence  of  the 
English  judiciary  on  the  development  of  local  institutions  in  Bng- 
gland.     The  history  of  political  institutions  in  the  United  States  is,  in 

[422] 


Restrictions  upon  Legislation.  107 

many  respects,  an  intensified  continuation  of  the  same  development. 
The  importance  which  this  question  of  the  influence  of  judicial 
decisions  has  assumed  within  recent  years  is  due  to  two  causes  promi- 
nent in  contemporaneous  political  life. 

In  the  first  place,  there  is  the  growing  distrust  of  all  representative, 
and  more  especially  legislative,  bodies,  which  the  experience  with 
State  Legislatures  has  to  a  considerable  extent  justified.  It  is  only 
necessary  to  refer  to  the  recent  address  of  Mr.  Moorfield  Storey  before 
the  American  Bar  Association  for  a  definite  expression  of  this  feeling. 
Given  these  conditions,  with  but  little  immediate  prospect  of  better- 
ment, it  is  only  natural  that  attention  should  be  directed  to  all  those 
restrictions  upon  legislative  action  embodied  in  constitutional  provis- 
ions, and  in  the  attitude  of  the  courts  toward  legislative  enactments. 
The  second  circumstance  which  has  contributed  in  no  small  degree 
toward  the  present  interest  in  these  questions  is  the  growing  impor- 
tance of  all  our  problems  of  local  government ;  more  especially  in 
their  relation  to  the  State  Legislatures.  Much  of  the  time  of  the 
recent  New  York  Constitutional  Convention  has  been  devoted  to  this 
subject,  and  all  those  interested  in  the  reform  of  our  municipal 
administrations  have  come  to  consider  the  satisfactory  adjustment  of 
the  relations  between  State  and  municipality  as  the  conditionem  sine 
qua  non  to  progress.  The  reports  of  various  investigating  commit- 
ties,  such  as  that  of  the  Committee  on  Cities  of  the  Pennsylvania  Con- 
stitutional Convention  of  1873  5  ^^^  Appendix  to  the  report  of  the 
New  York  Senate  Investigating  Committee,  prepared  by  William  M. 
Ivins,  Esq.,  together  with  the  chapters  on  local  legislation  in  the 
various  treatises  on  municipal  corporations,  furnish  us  with  most  of 
the  material  for  a  correct  appreciation  of  the  more  important  bearings 
of  the  question. 

Mr.  Binney  has  made  excellent  use  of  all  this  data  in  the  six  short 
chapters  which  are  intended  to  cover,  in  a  general  way,  the  whole 
question  of  restrictions  upon  local  and  special  legislation.  The  great 
diversity  in  judicial  interpretation  as  to  the  nature  of  such  legis- 
lation ;  the  loose  use  and  frequent  interchange  of  terms  local  and 
special  in  State  Constitutions,  to  which  have  been  added  the  confusing 
terms  "public"  and  "private,"  have  made  the  problem  of  precise 
definition  an  extremely  perplexing  one.  The  author  gives  evidence 
of  Uiis  when  he  says  : 

1.  "  A  general  law  is  one  which  applies  to,  and  operates  uniformly 
upon,  all  members  of  any  class  of  persons,  places,  or  things  requiring 
legislation  peculiar  to  itself  in  the  matter  covered  by  the  law." 

2.  "A  special  law  is  one  which  relates  either  to  particular  persons, 
places,  or  things,  or  to  persons,  places,  or  things  which,  though  not 

[423] 


io8  Annai^  of  the  American  Academy. 

particularized,  are  separated,  by  any  method  of  selection,  from  the 
whole  class  to  which  the  law  might,  but  for  such  limitation,  be 
applicable." 

3.  •*  A  local  law  is  one  whose  operation  is  confined  within  territorial 
limits  other  than  those  of  the  whole  State  or  any  properly  constituted 
class  of  localities  therein." 

It  would  be  difl&cult  to  find  any  State  wherein  the  courts  have  held 
to  these  distinctions.  Pennsylvania  alone  might  offer  some  classical 
contradictory  examples. 

Perhaps  the  most  valuable  portion  of  the  book,  both  as  regards 
treatment  and  results,  is  to  be  found  in  Chapter  III,  which  treats 
of  the  question  of  ^^  Classification,^^  its  limits  and  justification. 
Wliile  in  no  way  treating  this  question  from  a  purely  subjective  stand- 
point, the  force  of  Mr.  Binney's  illustrations  shows  conclusively  how 
futile  are  the  efforts  of  those  who  are  anxious  to  restrict  in  every 
possible  way  the  classification  of  cities  by  the  State  I/Cgislature.  The 
five  rules  which  the  author  lays  down  for  such  classification,  while  not 
upheld  in  their  entirety  by  our  courts,  are  notwithstanding  excellent 
guides  to  the  almost  inextricable  mass  of  legislation  whose  special  or 
general  character  is  a  matter  of  doubt.     These  rules  are  : 

"All  classifications  must  be  based  on  substantial  distinctions;  it 
must  be  genuine  to  the  purpose  of  the  law  ;  it  must  not  be  based  on 
existing  circumstances  only,  or  those  of  limited  duration,  except  where 
the  object  of  the  law  is  itself  a  temporary  one ;  the  law  must  apply 
equally  to  each  member  of  the  class  except  only  where  its  application 
is  affected  by  the  existence  of  prior  unrepealed  local  or  special  laws ; 
and,  finally,  if  the  classification  be  valid  the  number  of  members  in  a 
class  is  immaterial." 

The  last  chapter  of  the  book,  which  treats  of  the  restrictions  actually 
in  force  in  the  several  States,  forms  an  excellent  summary  of  the  con- 
stitutional provisions  relating  to  this  subject.  The  book,  as  a  whole, 
throws  a  great  deal  of  light  upon  our  scheme  of  government.  It 
shows  us  that  the  interpretation  of  State  Constitutions  and  legislative 
enactments,  while  not  offering  all  the  charm  and  fascination  which 
surrounds  the  great  questions  of  federal  interpretation,  affects  more 
closely  the  average  citizen  in  his  routine  of  daily  life. 

University  of  Pennsylvania.  I/.  S.   ROWB. 

The  First  Stages  of  the  Tariff  Policy  of  the  United  States.    By  Wii> 
I.IAM  Hii,!,.     Pp.  162.     Price,  |i.oo.     Publications  of  the  American 
Economic  Association,  Vol.  VIII,  No.  6.     Ithaca,  N.  Y.,  1893. 
The  crudest  as  well  as  the  most  vociferous  campaigners  on  the  tariff, 

in  their  historical  moods  rarely  get  back  of  the  Civil  War;  or,  if  they 

[424] 


Tariff  Poucy  of  the  United  States.        109 

do,  it  is  only  to  draw  lurid  illustrations  from  the  bungling  practices  of 
those  backward  times.  Until  recently  even  our  historians  have  thought 
there  was  scarcely  anything  worth  taking  account  of  before  1816,  and 
such  investigation  as  has  been  made  has  been  generally  with  a  view  to 
bolster  up  some  pre-conceived  theory.  And  so  we  have  been  confined, 
on  the  one  hand,  to  such  grotesquely  absurd  presentations  as  R.  W. 
Thompson's  "TarifiF  History  of  the  United  States,"  and  on  the  other, 
to  partisan  twistings  like  Sumner's  "History  of  Protection."  Even 
the  admirable  work  of  Professor  Taussig  has  no  adequate  background. 
The  earlier  part  of  the  book— the  essay  on  Protection  to  Young  Indus- 
tries— is  a  fairly  good  introduction  to  the  detailed  study  which  follows; 
but  it  gets  no  hold  on  the  beginnings  of  our  tariflF  history.  At  last, 
however,  the  subject  is  being  vigorously  taken  hold  of,  and  following 
Mr.  Beer's  monograph  on  the  Colonial  Policy  of  England,  we  have  an 
equally  painstaking  and  unpartisan  account  of  Colonial  and  Confed- 
eration tariflfs  and  of  the  first  legislation  under  the  Constitution. 

The  most  interesting  chapter,  as  it  breaks  newest  ground,  is  tliat  on 
the  tariff  legislation  of  the  several  States  before  1789.  As  bearing  on 
American  policy  the  tariff  acts  before  1775  are  of  slight  importance. 
They  exhibit  the  attempts  of  colonial  assemblies,  undisturbed  by  con- 
flicting theories,  to  realize  a  revenue  upon  imports  by  a  mild  and 
intermittent  application  of  mercantile  principles.  In  the  Confedera- 
tion period  we  have  a  most  interesting  phenomenon.  The  criticism  of 
the  mercantile  system  which  culminated  in  the  "Wealth  of  Nations  " 
was  the  philosophical  justification  of  the  American  revolt.  Eighteenth 
century  philosophy  of  inalienable  rights  and  individual  liberty  implied 
as  a  corollary  the  freedom  of  commerce.  With  the  single  exception 
of  Hamilton,  all  the  prominent  American  statesmen  of  the  period  fell 
in  with  this  view.  The  lingering  effects  of  non-importation  agree- 
ments, war,  and  the  harsh  treatment  of  England,  cut  off  foreign  trade, 
and  for  the  time  made  tariffs  useless.  When  the  war  was  over  our 
representatives  abroad  strenuously  sought  reciprocity,  and  the  States 
made  no  haste  to  re-enact  protective  laws.  The  revulsion  of  feeling 
which  succeeded  the  rejection  of  reciprocity,  the  tightening  of  Eng- 
land's restrictive  policy,  the  depression  of  American  manufactures,  and 
the  exportation  of  specie,  is  well  brought  out  by  Mr.  Hill;  but  espe- 
cially has  he  traced  this  reaction  in  the  legislation  of  the  various 
States. 

Even  so  careful  a  writer  as  Professor  H.  C.  Adams  has  stated  that 
in  1789  "Protection  was  regarded  by  all  as  but  an  incident  to  the 
securing  of  revenue,"  and  that  in  Hamilton's  report  on  manufactures 
there  was  a  "total  subordination  of  the  industrial  to  the  political 
problem."     Mr.  Hill  shows  clearly  that  the  failure  of  impost  acts 

[425] 


no  Annai^  of  the  Amkrican  Academy. 

under  the  Confederation  was  not  due  to  opposition  to  restrictive  legis- 
lation, but  to  State  jealousy  of  Congress.  But  more  than  this  he  is 
able  to  show  a  rising  feeling  for  restrictive  and  protective  legislation 
within  the  States  which  went  far  beyond  the  act  of  1789,  and  which 
even  did  not  stop  short  of  prohibition.  Massachusetts  and  Pennsyl- 
vania were  the  most  advanced  in  this  respect,  and  Mr.  Hill  has  sup- 
plemented a  detailed  examination  of  the  tariflf  acts  of  these  States  by 
extracts  from  contemporary  newspapers,  resolutions  and  statutes.  The 
conclusion  is  that  the  act  of  1789  was  but  the  logical  transference  of 
the  policy  of  protection  from  the  various  States  to  the  general  govern- 
ment. 

The  examination  of  the  Tariflf  Act  of  17S9  is  equally  exhaustive,  but 
it  seems  to  me  that  in  spite  of  the  logical  nature  of  its  protective  fea- 
tures, these  have  been  unduly  emphasized.  The  backsliding  had  been 
general,  but  the  reply  of  the  Boston  merchants  in  1785  refusing  to  bind 
themselves  to  refrain  from  importing  competing  wares  (p.  73),  reveals 
a  mainly  silent  but  powerful  force  working  against  a  diminution  of 
foreign  trade.  The  merchants  were  a  strong  force  and  had  to  be 
reckoned  with  in  1789,  and  within  certain  limits  they  were  able  to 
confine  tariflf  legislation.  "In  the  House,"  Mr,  Hill  declares,  "no 
voice  was  raised  against  the  principle  of  protection."  There  was, 
indeed,  no  hot  partisan  like  Butler,  but  Madison  and  Tucker  drew 
freely  on  Adam  Smith,  and  only  supported  the  bill,  especially  Madi- 
son, because  there  were  exceptions  to  all  general  rules.  Mr.  Hill  also 
insists  (pp.  no,  in),  that  the  two  systems — a  temporary  measure  for 
revenue,  and  a  comprehensive  measure  for  protection — came  squarely 
face  to  face,  and  Congress  deliberately  decided  for  the  latter,  Madi- 
son,  however,  had  no  thought  of  bringing  the  two  systems  to  a  test, 
and  his  introduction  of  the  measure  of  1783  was  merely  in  the  hope 
that  something  might  be  agreed  upon  in  time  to  catch  the  spring 
importations.  Fitzsimons'  substitution  of  the  Pennsylvania  tariflf  indi- 
cated, what  Madison  knew  very  well,  that  the  measure  of  1783  was 
outgrown  ;  and  when  it  became  apparent  that  the  delay  in  the  organi- 
zation of  the  government  would  prevent  immediate  action  there  was 
no  recurrence  to  this  scheme.  How  little  was  involved  in  some  of  the 
severe  struggles  may  be  seen  by  referring  to  steel.  Tucker,  who 
opposed  most  vigorously  the  proposed  duty  of  sixty-six  cents  per  hun- 
dredweight, announced  himself  willing  to  accept  a  revenue  rate  of  five 
per  cent.  A  compromise  rate  of  fifty-six  cents  was  agreed  upon 
which,  as  Hamilton  pointed  out  the  next  year,  was  less  than  five  per 
cent  ad  valorem.  Protection  was  certainly  prominent  and  uncon- 
cealed in  the  tariflf  act  of  1789,  but  it  does  not  seem  to  have  been  the 
most  important  consideration,  and  on  the  national  field  it  shows  that 

[426] 


Ethics  of  Citizenship.  hi 

the  practical  considerations  of  commerce  as  well  as  the  theoretical 
principles  of  the  laissez-faire  economy  were  reasserting  themselves. 

There  is  an  error  on  page  123  in  the  statement  of  tonnage  duties. 
There  was  no  discrimination  between  nations  in  treaty  and  not  in 
treaty  relations,  such  provision  having  been  stricken  out  of  the  bill  by 
the  Senate.  The  reference  at  the  bottom  of  this  same  page  ia  appar- 
ently a  misprint 

It  is  to  be  hoped  that  Mr.  Hill's  study  will  be  continued  and  made 
to  include  other  stages  in  the  American  policy. 

O.  L.  E1.1.10TT. 


Ethics  of  Citizenship.    By  John  MacCunn,  M.  A.     Pp.  223.     Price, 

I1.50.     London  and  New  York  :  Macmillan  &  Co.,  1894. 

At  last  there  has  been  given  us  a  discussion  of  the  ethics  of  citizen- 
ship at  once  so  clear,  so  succinct  and  so  candid  as  to  be  of  almost  uni- 
versal interest  and  usefulness.  In  a  style  terse  but  never  heavy,  the 
writer  has  presented  in  the  space  of  200  pages  a  logical  and  invigorat- 
ing analysis  of  such  vital  topics  as  these:  "  The  Equality  of  Men," 
"Fraternity,"  "The  Rights  of  Man,"  "Citizenship,"  "A  Plea  for 
the  Rule  of  the  Majority,"  "The  Tyranny  of  the  Majority,"  "  Party 
and  Political  Consistency,"  "Elements  of  Political  Consistency," 
"Democracy  and  Character,"  "Some  Economic  and  Moral  Aspects 
of  Luxury." 

In  agreement  with  Bentham,  the  writer  attacks  the  eighteenth  cen- 
tury Radicals'  "  Rights  of  Man,"  and  emphasizes  the  distinction  be- 
tween so-called  "  rights  "  that  are  simply  strong  inclinations,  and  the 
real  rights  that  admit  of  proof.  Yet  Bentham  himself  takes  narrow  if 
not  untenable  ground  in  limiting  rights  to  only  those  advantages  which 
have  been  legally  enacted.  "A  right  whose  enactment  is  only  deferred 
is  not  a  right  non-existent"  After  all,  it  is  an  empty  phase  of 
Democracy  that  dwells  exclusively  upon  its  rights.  Not  the  wresting 
of  rights  should  be  the  goal  of  citizenship,  but  the  filling  of  life  with 
those  great  positive  ends  for  which  the  rights  are  merely  prelimin- 
aries. 

With  advancing  Democracy,  majority  rule  seems  the  inevitable  law 
of  the  future,  a  prospect  which  fills  the  Radical  with  hope,  the  Con- 
servative with  the  gloomiest  forebodings.  Mr.  MacCunn  has  little 
difficulty  in  laying  bare  the  fallacy  in  the  argument  by  which  Bentham 
and  the  elder  Mill  justified  the  rule  of  the  majority.  Even  granted 
that  the  aim  of  politics  is  to  promote  the  happiness  of  the  greatest 
number,  and  that  each  man  will  follow  his  own  best  interest  as  he  sees 
it,  does  it  follow  that  each  man  will  see  his  own  best  interest  aright  ? 

[427] 


112  Annai^  of  ths  American  Academy. 

If  he  is  pursuing  an  illusion,  may  not  the  general  welfare  suffer  ship- 
wreck in  a  majority  vote  ?  Nor  does  Mr.  MacCunn,  like  the  younger 
Mill,  base  a  faint-hearted  confidence  in  majority  rule  upon  the  arti- 
ficial safeguards  and  checks,  with  which  a  far-sighted  aristocracy 
might  surround  the  nascent  democracy.  Instead,  he  faces  squarely 
this  question:  "  Taking  an  electorate  such  as  that  of  our  own  country 
[England],  is  there  reason  to  think  that  the  average  man  possesses 
faculties  and  qualities,  on  the  whole,  adequate  to  the  decisions  which, 
as  a  citizen,  he  has  to  face  ?"  In  his  opinion  there  is  reason  so  to 
think;  he  justifies  the  rule  of  the  majority  because  he  finds  in  the 
average  citizen  these  requisite  qualifications  :  (i)  a  sense  of  the  broad 
ends  of  national  well-being  ;  (2)  a  modicum  of  practical  shrewdness, 
of  common  sense,  equal  to  the  task  of  passing  upon  simple  issues,  and 
of  choosing  as  representatives,  not  as  mere  delegates,  men  of  superior 
intelligence  and  integrity  to  grapple  with  the  more  complicated  prob- 
lems ;  (3)  a  degree  of  public  spirit  at  least  equal  to  that  found  in  any 
other  class,  and  a  freedom  from  those  narrow,  selfish  interests  which 
so  hopelessly  distort  the  political  judgment.  The  conclusion  of  Mr. 
MacCunn's  examination  of  the  rule  ot  the  majority  and  of  party  and 
political  consistency  is  that  **  a  reasonable  presumption  in  favor  of 
Majority  as  the  ultimate  court  of  practical  appeal,  and  an  acceptance 
of  Party  as  a  necessary  instnmient  of  action,  are  alike  justifiable  only 
in  so  far  as  the  individual  asserts  a  self-reliant  independence  of  convic- 
tion and  judgment." 

If  the  most  important  problem  which  democratic  society  has  to  face 
in  the  future  is  to  find  securities  against  "virtuous  materialism," 
nothing  could  be  more  relevant  than  the  discussion  of  luxury.  Econ- 
omist and  ascetic  moralist  unite  in  its  condemnation.  From  this 
judgment  Mr.  MacCunn  dissents,  urging  that  luxuries  well  chosen  and 
rightly  used  are  the  allies  of  morality,  the  aids  of  moral  and  intel- 
lectual development. 

The  book  is  tonic  tliroughout.  Even  where  the  topic  is  old,  it  is 
treated  with  a  freshness  and  vigor  that  will  not  fail  to  provoke  thought 
and  clarify  the  judgment. 

Gborgb  H.  Haynes. 


A  Policy  of  Free  Exchange :  Essays  by    Various   Writers  on  the 
Economical  and  Social  Aspects  of  Free  Exchange  and  Kindred  Sub- 
jects.  Edited  by  Thomas  Mackay.    Pp.  xx,  292.    Price,  14s.    Ivon- 
don  :  John  Murray,  1894. 
Mr.  Thomas  Mackay  will  be  remembered  as  the  editor  of  a  work 

published  several  years  ago  with  the  title  of  "A  Plea  for  Liberty." 

[428] 


A  Policy  of  Free  Exchange.  113 

The  argument  of  that  work  and  the  title  of  the  present  one  will  suffi- 
ciently instruct  the  reader  in  the  purpose  of  this  volume.  Like  "A 
Plea  for  Liberty,"  *'  A  Policy  of  Free  Exchange  "  may,  in  general,  be 
described  as  an  apology  for  individualism.  On  the  whole,  however, 
it  cannot  be  said  that  Mr.  Mackay  is  so  successful  either  in  his  writers 
or  his  subjects  as  he  was  before.  As  to  the  former,  though  there  is 
no  Herbert  Spencer  among  them,  there  is  no  lack  of  keen  power  of 
augmentation  and  admirable  literary  style.  One  misses,  however,, 
coherence  of  scheme  and  equal  strength  of  conviction  in  the  defence 
of  the  main  propositions  herein  advanced.  As  an  attempt  to  patch  up- 
the  fast-decaying  cause  oi  laissez-faire,  "  A  Policy  of  Free  Exchange  ** 
must,  in  spite  of  the  decided  value  of  much  of  its  contents,  be  deemed 
a  comparative  failure.  The  impression  one  derives  again  and  again  is 
that  of  men  who  know  that  their  idol  is  becoming  more  and  more  dis- 
credited, and  who  have  hardly  the  heart  to  ignore  the  fact.  There  is 
only  one  writer  who  really  ventures  to  be  "cock-sure  "  to  any  degree, 
and  it  is  Mr.  Fortescue,  in  his  indictment  of  the  system  of  State 
Socialism  which  has  been  inaugurated  in  the  Australian  Colonies  ;  but 
he,  too,  palpably  falls  into  exaggeration.  For  the  rest,  one  misses  the 
old  spirit  of  confidence  which  one  has  been  accustomed  to  expect  in 
works  proceeding  from  the  individualistic  school,  and  repeatedly  as 
the  reader  comes  across  concession  after  concession  made  to  the  newer 
tendencies  of  economic  thought,  he  instinctively  calls  to  mind  the 
spectacle  of  Saul  sitting  amongst  the  prophets.  The  essays  of  whick 
the  volume  is  formed  are  nine  in  number,  and  deal  with  Free 
Exchange  both  in  theoretical  and  practical  aspects.  The  first  paper„ 
by  Mr.  H.  D.  MacLeod,  traces  the  relationship  of  the  science  of 
economics  to  Free  Exchange  and  to  Socialism.  To  Mr.  MacLeod  the 
final  task  of  economics  might  appear  to  have  been  achieved  when 
the  doctrine  of  Free  Trade  was  proclaimed.  How  it  must  delight 
r  heart  of  a  teacher  of  "true  economics" — the  phrase  is  Mr. 
icLeod's — when  he  can  turn  out  obiter  dicta  like  the  following,. 
Mscious  that  it  falls  to  him  to  say  the  last  word  upon  the  subject : 
' '  Alas,  France,  which  in  the  last  century  was  the  beacon  to  spread 
the  light  of  Free  Trade  throughout  the  world,  is  now  enveloped  in  the 
'  cpest  darkness  of  protection  and  socialism,  nor  does  there  seem  any- 
mediate  prospect  of  her  emerging  from  it.  .  .  .  But  whatever 
other  nations  may  do,  England  must  endure  to  the  end,  and  steadily 
keep  the  light  of  Free  Trade  burning  amid  despondency,  gloom  and 
darkness,  in  the  hope  that  time,  experience  and  reflection  will  bring 
other  nations  to  a  better  frame  of  mind. "  Really,  one  may  be  a  con- 
vinced Free  Trader  without  turning  schoolmaster.  One  had  thought 
'hat  the  "We  are  the  people  :  wisdom  shall  die  ^vith  us"  spirit  had 

[429I 


114 


Annai.^  (M-   tiik  A^iT'RICAx  Acadkmy. 


<liol  o'.it  -irv.c  the  lii-lorical  school  came  to  the  front.  On  the 
w:i'  Ir.  we '.ikv  a  ].:<<:i(>ii;uLiiK'nt  like  the  following  much  better:  "It 
I.-,  tin-  I'.avar.il  !i.;lii  ■ 'f  rvcry  man  to  employ  his  industry  and  the 
!a!r::t-~  \'.h:'.li  rrovjlmce  has  <;iven  in  the  manner  which  he  con- 
v-i.it-rs  '.,1  I'c  iMosl  ti)  his  own  atlvantage,  so  loiv^  as  it  is  not  to  the 
::'.!•.::  ■.  "f  !::>  n'-i;4h1)()r. "  At  the  same  time,  it  is  hard  to  see  how 
•':  .i:,:u:n  tr'N  in  a  ])'jcnliar  way  in  favor  of  Mr.  MacLeod's  individ- 
II  :]:■ '.:\.  'l"hf  S(H-iali>l  would  presumably  resj)ond  to  every  word  of 
:•.  V,  \']\  .1  !;■  .ifty  "  .-Imell." 

M:  XS'.  .M.i!l!;i:id,  in  tile  succeediii^:^  j)ai)er  on  " 'i'he  Coming  Indus- 
;:;  :'.  >'.'.  v. ■.::[] v,"  ,uives  ])oint  to  his  jiredecessor's  argument  by  reference 
•  .  '.]\<-  cA-r  of  Ameiica.  In  the  e\ent  of  that  country's  abandoning  her 
•.>!•..  ■.  («f  ]  lou  cU()!i,  he  a.ntii'iiK'ites  that  she  will  otfer  to  Ivngland  far 
'.•■;;•  r  liv  i!rv  in  the  markets  of  tlu-  world.  Hence,  he  would  warn 
i;:;.'iind  ai;ai!i--t  an\-  forsaking  of  the  old  waws.  The  pa]xro!ithe 
■■  i  :<  :uh  Naticna]  \';'ork>iio])S  of  1S4S,"  by  'Mr.  Slracluy,  ismorethan 
::;  -'.I 'jiiate;  ili-^nniair.  To  rc])resent  the  failure  of  a  ]Kunc  ex])eri- 
r.\''.:\  1:1  -o,  i.ili^m,  made  umler  the  most  unfavorable  circumstances 
'  •>:.,  ,  :\.tb'.i-,  a-.  <Kaling  a  death-blow  to  the  doctrine  of  state  activity 
::;  '.  :i'  >•  ■ci''ia:f  domain,  is  surc-l}' the  act  of  a  dialectiiaan  /;;  <^'.r/;v';///v. 
T]\'-  ]   iv  r  :n  wliieh   the  Hon..   J.  I'orte^cue  Considers   "State  sSocialisin 

i;id  :Iu-  v.".  .;i.i;.-^e   in  Australia,"  is  intended   to  be  an   antidote  to  the 

•::.  .  puiimn  ^  \\hivli  the  late  1  »r.  Pearson,  in  his  sclu)larly  work, 
■'Nit;oii,.I  Life  and  Character,"  heaped  u])on  the  state  socialistic 
p..i.<-.  ::i.iui.'u:  lie  1  on  the  ;niti])(Kles.  I'ossibly  Dr.  Pearson  took  a 
•:i":r  .  .;-t:i!ii-.lie  \  iew  of  things  than  v.  as  justifiable.  Mr.  P'ortescue, 
0:1  •,':,(•  (,t!u  r  h.iii'l,  -oes  to  the  other  c-xtrcme  and  condeinns  the  entire 
«  \;-  :  .:::<iil  a-,  an  une<|iiivocal  failure.  The  tinth  proba.bly  is  that, 
,%]/.'.     ::.:  ',  tki  ^  lii\e  undonbtedl v  bet  11  made,  from  somi' of  which  les- 

.-:.  •,■,•.'.!  1  (■  !■  iMir.l  lli.it  w:ll  le  u-^oful  in  the  futme,  far  too  short  a 
;:;n'-  hi.-  '.ap  d  lo  ena!)le  otie  to  for:n  a  fiir  and  final  judgment  upon 
■'.  ..'■•'t.  ]'.'..[  Mr.  I'oitcMi!'-  never  has  dou])U.  "  I  do  not  (piestiou 
:  •  .  !.:::•  1:'."  Ip-  ^a\s,  "that  ill  all  ca-^es  tlie  eliect  of  slat  e  socialism 
•■'.  '.  ■.::  t!.'  l'.;i  '  I'li  l^e  the  ^aiiie.  for  whether  under  the  guidance 
'  :  ■■•A  <  •.:'.:.  !:•':.<  d  d-  pot,  or  a  bail -laai lu-d  Kaiser,  or  :in  ordinary 
•.•■•;.',■",'■«;',  ^'<.\<-  ^o(■IaiisIu  -.eein-.  to  ])rtH'eed  on  a  fdse  piinciplc 
'  ••■'.  I-  :  •■;■•  lulir.'.inint  of  an  ini]»os-.ible  task."  .And  what  is  the  false 
:•:•::;■".•    '      !b   :r   Mt.   I'oiltscue  a.^'ain:    "  .\   demonstrated  ijidividual 

'■■' '  ■■-■■■■•*■  :  .  \:'::aI  ^'  iN-  ^-x  ialism  can  Dot  cudu  re.      I'or  State  socialism  , 
:•    •':        i-   '''.'■■   embodiment  <f  tl:,-  jealousy   that  the   unsiicces.sfill 
!■    ■!•'■•.".  .:!  •,:;■■     la  r.-,  ful. "      IIow  fir  individualism  and  free  exchange 
••■■":   '••■   ::-::.■'•.■'.   ^  v  i-.r-unient  of  this   sort   and    sjdrit    Mr.    Mackay  j 
'■:■   -    '■      ."■  '■'■    '!   to  'iLtcrmine.      Mr.    W .    Iloojjer's    paper    on  "The 


Housing  of  the  Poor  in  American  Cities.     115 

Influence  of  State  Borrowing  on  Commercial  Crises,"  is  followed  by 
one  on  "The  State  in  Relation  to  Railways  "—one  of  the  best  in  the 
book — by  Mr.  W.  M.  Acworth,  who  gives  an  admirable  account  of  the 
policies  pursued  by  some  of  the  most  advanced  States  in  regard  to 
this  means  of  communication.  Mr.  Acworth  is  too  sensible  a  man 
and  too  expert  an  authority  on  railway  history  and  policy  to  advocate 
the  giving  of  a  free  hand  to  the  owners  of  railway  property.  While 
on  the  one  hand  he  objects  to  State  ownership  of  railways,  he  advo- 
cates a  wide  measure  of  State  control.  The  last  controversial  paper  is 
a  temperate  one  by  the  editor,  dealing  with  "  The  Interest  of  the 
Working  Class  in  Free  Exchange."  Mr.  Mackay  contends  that  what 
free  mintage  is  to  bullion,  free  exchange  may  become  to  labor.  Just 
as  the  right  of  mintage  assures  to  gold  its  market,  so  he  believes  free 
exchange  may  guarantee  to  labor  steady  employment  and  wages.  But 
his  desideratum  of  free  exchange  implies  the  removal  of  all  fetters 
upon  private  enterprise  and  the  abandonment  of  labor  combinations. 
It  is  more  than  questionable  whether  the  working  classes  will  venture 
to  make  the  experiment,  considering  the  price  and  risk.  Mr,  Bernard 
Mallot  contributes  a  paper  on  "The  Principle  on  Progression  in  Taxa- 
tion," and  the  Hon.  A.  Lyllelton  describes  the  state  of  the  English 
law  regarding  trade  combinations.  The  last  two  essays  cannot  be 
regarded  as  pertinent  to  the  main  argument  of  the  volume,  though 
they  possess  a  value  of  their  own. 

What  has  been  said  may  be  regarded  as  censorious.  It  is  not, 
indeed,  so  intended.  The  book  itself  invites  such  objections  as  have 
been  taken.  Let  us  have  defences  of  individualism  and  indictments 
of  socialism  by  all  means,  but  let  them  at  any  rate  be  informed  by 
the  true  scholarly  spirit.  Above  all  things,  when  the  teachings  and 
practice  of  socialism  are  arraigned,  let  the  subject  at  any  rate  be 
taken  seriously.  Mere  ridicule  and  abuse  will  never  convince  social- 
ists of  the  error  of  their  ways.  "A  Policy  of  Free  Exchange"  is 
faulty  in  this  respect,  though  it  is  right  to  add  that  the  blame  should 
not  fall  equally  upon  its  writers,  some  of  whom  fulfill  every  require- 
ment of  fair  and  scientific  dialectic.  It  is  very  likely  that  if  the  whole 
book  had  been  written  by  any  one  of  several  who  might  be  named 
among  the  essayists  who  have  worked  collectively,  a  formidable  case 
against  the  views  arraigned  would  have  been  made  out  But  as  it 
stands  the  work  fails  to  accomplish  the  task  which  its  able  editor  set 
himself.  Wii^UAM  Harbutt  Dawson. 


Housing  of  the  Poor  in  American  Cities.  By  Marcus  T.  Reynolds, 
A.  M.  Pp.  132.  Price,  |i.oo.  Publications  of  the  American  Eco- 
nomic Association.    Vol.  VIII,  Nos.  2  and  3.     Ithaca,  N.  Y. :   1893. 

[43«] 


ii6  Annaxs  op  thk  American  Academy. 

The  prize  essay  by  Marcus  T.  Reynolds  on  the  Housing  of  the 
Poor  in  American  Cities  comprises  a  systematic  statement  of  th< 
evils  of  the  tenement-house  system,  as  exemplified  especially  in  Nei 
York  City,  and  a  fair-minded  account  of  the  leading  reform  move 
ments  which  have  been  accomplished  or  proposed. 

Expropriation  of  the  most  unwholesome  tenement  districts  by  Stat 
authority  has  proved  an  eflfective,  though  costly,  method  of  reform  ii 
England  and  on  the  Continent,  but  its  adoption  in  America  is  n< 
recommended  by  the  author.     In  this  country  it  is  chiefly  in  the  liw 
of  sanitary  regulation  that  State  activity  has  been  brought  to  bear 
upon  the  tenement- house  problem,  and  in  this  direction  New  York 
leads  the  world.     ' '  The  great  improvement  caused  by  these  regulations 
may  be  seen  by  comparing  the  mortality  in  the  tenements  of  New  York 
in  1869,  when  it  was  28.35,  with  that  of  1888,  when  it  had  fallen  to 
22.71." 

A  chapter  headed  the  **  Reformation  of  Existing  Buildings  "  gives  a 
brief  account  of  the  successful  and  suggestive  work  of  Octavia  Hill  in 
Ivondon,  of  Miss  Collins  in  New  York,  Mrs.  lyincoln  in  Boston,  and 
Miss  Wright  in  Philadelphia. 

A  number  of  plans  are  given  of  improved  tenements  for  single  lots 
but  the  conclusion  is  reached  * '  that  complete  success  cannot  attend 
any  effort  to  provide  our  poor  with  clean,  healthy  homes  upon  the 
lines  of  the  single  tenement  It  is  in  the  great  model  tenements,  there- 
fore, that  the  author's  chief  interest  seems  to  lie.  These  model  tene- 
ments have  originated  from  philanthropic  motives,  but  have  seldom 
failed  to  yield  a  fair  return  upon  the  capital  invested.  Enterprises  of 
this  kind  seem  to  have  started  with  the  Peabody  gift  in  1862.  In  1891 
the  Peabody  buildings  were  providing  homes  for  20,462  of  London's 
poor  at  an  average  rent  for  each  dwelling  of  4s.  g^d.  per  week.  The 
Improved  Industrial  Dwellings  Company,  under  the  management  of 
Sir  Sidney  Waterlow,  controls  the  homes  of  about  30,000  persons. 
The  movement  was  promoted  in  America  by  Mr.  Alfred  T.  White, 
under  whose  leadership  the  Home  Buildings  were  opened  in  Brooklyn 
in  1877.  Since  that  time  a  number  of  model  tenement  companies 
have  been  established  in  American  cities.  "The  Peabody  Fund,  the 
Improved  Industrial  Dwellings  and  other  companies  in  England,  the 
Improved  Dwellings  Company  of  Brooklyn,  the  Tenement  House 
Building  Company  and  the  Improved  Dwelling  Association  in  New 
York,  the  Beneficent  Building  Association  and  the  many  houses 
erected  in  Philadelphia  by  Mr.  Theodore  Starr,  all  offer  a  practical 
demonstration  that  *  Philanthropy  and  five  per  cent '  represents  an 
accompli.shed  fact.  It  must  be  well  understood  that  the  success  of 
these  companies  is  due  to  their  strict  observance  of  business  principles. 

[432] 


Modern  English  Jurisprudence.  117 

There  should  be  nothing  in  the  management  of  such  buildings  which 
savors  of  charity  in  any  way,  or  the  better  class  of  tenants  will  be 
driven  away,  and  those  who  remain  will  do  so  at  the  cost  of  self- 
respect." 

Numerous  drawings  show  the  course  of  improvement  in  the  con- 
struction of  tenement  houses  and  detailed  plans  are  given  of  some  of 
the  latest  buildings. 

In  the  closing  chapter  the  author  outlines  a  new  plan  for  the  relief 
of  poverty.  He  finds  that  the  possible  margin  of  savings  is  largely 
absorbed  by  the  practice  of  buying  the  necessaries  of  life  in  very 
small  quantities  at  the  little  comer  shops.  It  is  proposed  to  avoid  the 
high  prices  of  such  petty  trade,  as  well  as  the  unhealthful  conditions 
of  housekeeping  in  one  room,  by  instituting  the  ' '  boarding  tenement. " 
The  author  seems  to  have  overlooked  the  fact  that  the  difficulty  of 
being  suited  and  of  utilizing  the  time  and  energy  which  is  released 
from  the  cares  of  housekeeping  makes  boarding  an  expensive  and 
often  demoralizing  mode  of  life.  This  consideration  is  especially 
applicable  to  poor  people. 

David  I.  Green. 


A  Critical  History  of  Modem  English  Jurisprudence.  A  Study 
in  Logic,  Politics  and  Morality.  By  GEORGE  H.  Smith.  Pp.  83. 
San  Francisco:  Bacon  Printing  Co.,  1893. 

This  little  work  is  an  introduction  merely  to  a  larger  work  contem- 
plated by  the  author.  It  is  partly  an  attempt  to  explain  what  is  meant 
by  a  **  natural  right,"  and  a  criticism  from  the  standpoint  of  one  who 
believes  in  ' '  natural  rights  "  of  other  systems.  Thus  we  have  chapters 
on  Hobbes'  Theory  of  Jurisprudence,  on  Bentham's  and  Austin's 
Theory,  and  on  Mill's  Utilitarianism.  But  the  most  interesting  part  is 
the  last  chapter,  which  more  fully  explains  the  author's  own  ideas. 
He  starts  (p.  5)  with  the  hypothesis  that  there  exists  in  every  one 
natural  rights.  These  rights  exist  independently  of  his  rights  in  the 
legal  sense,  /.  e. ,  of  statutes  and  customs.  The  fundamental  problem 
then  of  all  political  science  is  not  to  determine  those  rules  of  public 
or  private  law  which  are  most  conducive  to  the  happiness  of  the  people, 
or  foster  most  their  progressive  qualities,  but  to  ' '  determine  the  na- 
ture and  extent  of  human  rights. ' '  Law  becomes,  strictly  speaking,  an 
art  which  directs  itself  to  the  discovery  of  how  best  to  realize  the  natu- 
ral right  But  what  is  "  natural  right?"  To  this  we  can  find  no  satis- 
factory answer  that  will  place  the  validity  of  the  **  rights"  in  question 
on  any  higher  ground  than  the  assertion  of  the  writer.  For  instance, 
he  asserts  that  what  is  a  fundamental  legal  right  is  a  moral  question,  and 
therefore  infers  that  in  order  to  determine  the  question  of  right,  we 

[433] 


ii8  Annai^  of  the;  American  Academy 

mast  know  right  from  wrong  (p.  75).  For  the  determination  of  this 
question,  he  distrusts  conscience,  either  that  of  the  individual  or  the 
collective  conscience  of  mankind,  for  he  says  (p.  77)  "scientific  morality 
accepts  no  propositions  except  such  as  are  universally  true,  .  .  .  and 
admits  no  conclusions  except  such  as  can  be  rigidly  demonstrated  from 
the  principles  assumed. ' '  The  principles  assumed  by  the  author  as  uni- 
versally true,  and  on  which  his  whole  system  apparently  rests,  seem  to 
be  two  in  number.  First,  laws  must  be  equal  ;  and  second,  whatever 
can  be  shown  to  be,  in  its  general  consequences,  detrimental  to  man- 
kind, is  wrong.  The  last  assumes  the  correctness  of  the  utilitarian 
theory  of  morals,  and  the  first  is  a  mere  assertion  based  on  we  know  not 
what.  To  have  two  fundamental  principles,  one  must  show  that  there 
can  never  be  any  conflict  between  them.  If  this  conflict  is  shown  in 
any  single  case,  then  one  rule  or  the  other  must  give  way  and  cease  to 
be  a  fundamental  principle.  That  equality  before  the  law  of  those  "  in 
the  same  case ' '  necessarily  conduces  always  to  the  welfare  of  man- 
kind, is  a  rule  which  may  have  few  exceptions,  but  that  it  had  no 
exceptions  we  would  not  have  the  temerity  to  aflSrm.  Either  the 
proposition  of  the  utilitarians  on  what  separates  a  right  action  from  a 
wrong  action,  a  good  law  from  a  bad,  is  correct  or  it  is  not.  If  it  is, 
then  all  other  rules  are  subordinate.  Mr.  Smith  gives  us  two  funda- 
mental rules,  though  he  expresses  the  rule  that  laws  should  be  equal 
in  several  diff"erent  ways.  Neither  of  the  rules  is  established  by  argu- 
ment, both  are  assumptions,  and  are  not  shown  never  to  conflict. 

Wii^LiAM  Draper  Lewis. 

Haverford  College. 

Corso  di  Diritto  comtnerciale.     Di    Ercoi^E  Vidari.      4*  edizione 

migliorata  et  accresciutta.     Vol.  I.    Pp.  732.    Price,  12  L.     Milan: 

Hoepli,  1893. 

One  cannot  better  indicate  the  scope  of  this  important  publication 
than  in  the  statement  of  Goldschmidt  upon  the  first  edition.*  "The 
author  has  successfully  attempted  to  emancipate  Italian  commercial 
law  from  the  shackles  of  French  principles  and  jurisprudence,  by 
returning  to  the  glorious  traditions  of  Italy  and  at  the  same  time  by 
drawing  inspiration  from  the  modem  development  of  law  among 
European  peoples.  Free  not  only  from  a  purely  mechanical  exegesis 
of  the  laws,  but  as  well  from  an  economic  synopsis,  abstract  in  char- 
acter and  wholly  independent  of  the  principles  of  protective  law, 
Vidari  knows  well  how  to  unite  the  excellent  characteristics  of  the 
French  and  the  Germanic  schools."  In  the  present  edition  he  was 
the  better  able  to  determine  the  positive  basis  of  the  work,  since  the 

*  Zeitschri/t  fur  das gesammte  Handelsrecht,  vol.  xxiii.,  p.  322 

[434] 


CORSO  DI   DiRlTTO   COMMERCIAI^.  II9 

bill  that  was  under  discussion  at  the  time  of  the  first  edition  had 
become  a  statute,  while  the  earlier  edition  necessarily  oscillated  between 
the  proposed  law  and  the  code  of  1865,  which  was  then  in  force. 

The  material,  which  in  the  preceding  edition  filled  nine  volimies, 
each  equal  in  size  to  the  volume  under  consideration,  is  divided  in  the 
following  manner:  Commercial  law  in  its  relations  to  (i)  persons; 
(2)  things;  (3)  contracts;  (4)  insolvency  and  bankruptcy;  (5)  actions 
and  the  procedure  thereof.  This  is  the  division  which  has  been  pre- 
ferred for  didactic  purposes  since  the  time  of  the  Institutes  of  Justinian, 
and  one  which,  if  it  has  been  variously  judged  for  its  practicability, 
even  from  this  point  of  view,  is  certainly  better  than  the  disorderly 
collection  of  French  commercial  law,  reproduced  also  in  the  Italian 
code  of  the  present  day. 

In  the  introductory  portion  the  author  with  a  formula  similar  to  that 
of  Beslay,*  but  with  a  formula  more  exact  and  complete,  gives  (p.  15, 
et  seq.)  the  following  definition  of  commerce  as  the  object  of  special 
legislation :  ' '  The  aggregate  of  those  acts  of  interchange  between  the 
producer  and  the  consumer,  which  exercised  habitually  and  for  the 
sake  of  gain,  effectuate,  promote  and  facilitate  the  circulation  of  the 
products  of  nature  or  of  industry  in  order  to  render  more  easy  and 
speedy  their  supply  and  demand. ' '  This  definition  which  the  author 
reaches  by  the  inductive  method  from  the  examination  of  economic 
facts,  opens  to  him  the  way  for  censuring  the  foundation  laid  down 
by  legislation  generally,  including  Italian  and  Germanic  legislation^ 
for  the  mercantile  qualification  of  acts,  where  each  is  considered  sepa- 
rately instead  of  in  its  connection  with  others,  due  to  its  professional 
exercises;  and  this  alone  to  the  author's  mind  would  justify  "special 
and  rigorous  provisions"  (p.  27).  Then,  impelled  by  the  positive 
character  of  his  work,  on  the  basis  adopted  by  the  statutes  on  Italian 
commerce,  he  lays  down  the  fundamental  theory  of  commercial  acts 
(PP-  31-47)-  In  the  course  of  this  exposition  he  notes  the  exceeding 
importance  of  economic  notions  in  the  study  of  mercantile  law,  and 
indicates  two  reasons  on  account  of  which  jurists  and  also  those  of  the 
great  Italian  school  of  commercial  law  in  past  centuries  so  long  ne- 
glected the  study  of  economic  facts,  that  is  to  say,  the  modemess  of 
economic  science  and  the  preponderance  of  Roman  law,  which  waa 
developed  in  a  mercantile  atmosphere,  and  which,  the  more  ample  it 
was,  was  so  much  the  less  complex;  and  varied  so  much  the  more  from 
that  of  our  days  (p.  54,  et  seq.) 

Passing  from  the  commercial  facts  to  the  laws  designed  to  govern 
them,  the  author  notes  the  special  but  by  no  means  exceptional  char- 
acter of  mercantile  law  (p.  62),  which  appears  in  Art.  i  of  the  Italiam 

•  "  Dei  actes  de  commtrce^^^  p.  25,  et  seq. 

[435] 


I20  Annaxs  of  Tnn  Ami^rican  Academy. 

Code  (p.  64).  And  given  this  special  character,  he  combats  (p.  65)  the 
idea  of  a  single  civil  and  commercial  code,  an  idea  which  has  been 
recently  advanced  by  certain  writers.  In  addition  to  the  discussion  in 
the  text  Vidari  amply  develops  the  subject  in  an  appendix  at  the  end 
of  the  volume;  he  observes  that  the  separation  of  the  two  bodies  of 
laws  has  arisen  historically  as  a  consequence  of  the  development  of 
commerce  and  that  the  reason  for  the  separation  still  exists  and  has, 
furthermore,  gained  greater  force  from  the  modern  proportions  of 
traflSc.  In  order  to  appreciate  justly  the  author's  point  of  view  we 
must  take  account  of  the  fact  that  he  writes  in  a  country  where  Roman 
law  is  still  the  largest  factor  in  civil  legislation,  and  where  the  separate 
codification  of  the  two  bodies  of  laws  is  of  long  standing;  and  that 
since  these  conditions  do  not  exist  among  Anglo-Saxon  nations,  one 
can  very  easily  explain  the  combined  civil  and  commercial  statutes  of 
the  State  of  New  York  without  gaining  a  single  point  against  the 
assertion  of  the  author. 

There  follows  an  historical  summary  upon  the  codification  of  com- 
mercial law  (pp.  70-92)  and  a  bibliography  of  the  same  (pp.  1 15-122). 

After  the  introductory  portion,  Vidari  enters  upon  the  subject  of 
persons  and  treats:  0/  merchants  in  general;  of  certain  collective  per- 
sons in  particular;  of  commercial  com.panies.  The  matter  on  com- 
panies, however,  will  be  in  good  part  developed  and  completed  in  the 
second  volimie,  to  a  bibliography  of  which  it  will  be  of  advantage  to 
give  attention  in  gaining  unity  of  treatment. 

In  regard  to  merchants  in  general,  first  as  to  what  concerns  the 
characteristics  which  determine  the  quality  of  merchant,  he  compares 
the  Franco-Italian  system,  in  which  proof  of  the  exercise  of  the  pro- 
fession is  required,  with  the  system  of  those  codes  which  assume  the 
aforesaid  quality  upon  enrolment  in  a  public  register;  and  he  decides 
in  favor  of  the  latter  as  more  favorable  for  anticipating  uncertainties 
and  for  guaranteeing  credit  in  the  carrying  on  of  traffic.  And  also  by 
way  of  introduction  to  this  subject  he  reviews  under  the  following 
heads  the  legal  condition  of  the  individual  who  engages  in  trr-Tic  (p. 
149):  (i)  relation  among  co-debtors;  (2)  proof;  (3)  jurisdiction,  in 
regard  to  which  he  censures  the  recent  abolition  of  tribunals  of  com- 
merce in  Italy  (p.  152);  (4)  execution  ;  (5)  insolvency. 

He  turns  then  to  the  question  of  capacity  to  undertake  mercantile 
nets,  to  the  rights  and  duties  of  merchants,  and  to  middle  men.  In 
this  connection  he  explains  (p.  170)  the  contradiction  of  the  Italian 
code  in  regard  to  minors  empowered  to  engage  in  commerce  who  thus 
can  perform  any  mercantile  act  whatsoever,  but  who  on  the  other 
hand  are  held,  in  so  far  as  civil  acts  are  concerned,  as  emancipated 
minors  who  can  comply  only  with  the  acts  of  simple  administration. 

[43'5] 


CORSO  DI  DiRITTO  COMMERCIAI^B.  121 

He  determines  questions  on  commercial  establishments,  in  the  matter 
of  their  being  capable  of  being  transferred,  given  in  legacy,  bequeathed 
in  inheritance  (p.  292),  but  without  implying  a  transference  which 
brings  upon  the  successor  debts  which  have  not  been  especially 
assumed  in  the  inventory  (p.  254).  He  notes  the  entirety  of  patri- 
mony as  guaranteeing  creditors  under  the  modem  law,  through  which 
the  old  institution  has  ceased  to  exist,  an  institution  which  opened 
easily  the  door  to  fraudulent  procedure,  i.  e.  the  institution  of  the 
division  of  patrimony  in  cases  where  several  establishments  or  com- 
panies had  claims  upon  the  same  debtor  (p.  224  et  seq.).  In  treating 
of  commercial  houses  and  of  trade-marks,  after  a  discussion  of  many 
questions  of  illegal  competition  (pp.  241,  280),  he  enters  directly  into 
the  subject  of  the  transference  of  the  former  (pp.  250,  251)  and  gives 
the  laws  in  different  countries  for  their  registration  (p.  263  et  seq, ). 
He  speaks  at  length  of  books  on  commerce,  and  compares  various 
legislative  systems  (p.  337  et  seq.),  among  which  he  approves 
most  highly  the  Anglo-Swiss  system  which  gives  complete  liberty  to 
merchants  in  the  keeping  of  their  books,  provided  that  they  render 
an  exact  account  of  their  legal-economic  condition,  with  penalties 
prescribed  only  in  case  of  fraudulent  acts ;  he  adds,  however,  that  it 
is  a  system  which  presupposes  a  healthy  and  vigorous  condition  of  the 
commercial  world. 

In  regard  to  middle  men  {medialort)  he  discusses  the  question  as  to 
whether  they  ought  to  be  licensed  (p.  361),  and  whether  the  number 
of  licensed  middle  men  should  be  limited  (p.  364),  and  again  in  refer- 
ence to  the  powers  of  Chambers  of  Commerce  over  them  in  accordance 
with  the  Italian  laws  already  in  force  (p.  418). 

Before  he  proceeds  to  the  question  of  companies  he  gives  an  exposi- 
tion of  the  laws  in  regard  to  collective  persons,  different  from  tlie 
former,  and  here  the  author  treats  of  the  State,  of  the  province,  of  the 
town,  of  savings  banks,  bringing  into  especial  prominence  the  legal 
position  acquired  by  the  State  through  commerce  (p.  429),  which  the 
Italian  Statutes  subject  to  the  laws  and  the  usages  of  commerce  as 
well  as  to  its  mercantile  acts,  though  they  do  not  admit,  as  is  done  in 
Hungary,  that  the  State  can  acquire  the  quality  of  merchant 

From  these  indications  it  is  evident  how  large  has  been  Vidari's 
work,  a  work  which  is  based  on  Italian  law  and  yet  broadens  con- 
tinually into  the  field  of  comparative  legislation.  If  in  the  prece<ling 
editions  his  work  met  favorable  consideration  in  the  most  cultivated 
countries  of  Europe,  it  is  worthy  of  appreciation  also  among  the 
students  and  the  practical  workers  of  the  United  States. 

Adoi,po  Sacbrdoti. 

Universitjf  of  Padua, 

[437] 


122  Annals  of  the  American  Academy. 

The  History  of  Trade-Unionism.     By  Sidney  and  Beatrice  Webb. 

Pp.  xvi,  574.     Price,  I5.CX).     London  and  New  York:    Longmans, 

Green  &  Co.,  1894. 

This  is  a  work  which  has  long  been  overdue.  Though  the  Trade- 
Union  movement  is  nearly  two  centuries  old,  and  its  influence  upon 
labor  and  trade  great  beyond  estimation,  it  has  hitherto  lacked  a 
worthy  historian.  We  have  had  works  of  a  partial  and  a  controversial 
character,  and  against  some  of  these  no  word  of  disparagement  should 
be  said,  least  of  all  against  Professor  Brentano's  monograph,  so  admir- 
able and  scholarly  in  its  way.  But  to  write  the  history  of  British 
Trade-Unionism  as  it  deserved  to  be  written  is  a  task  which  has  fallen 
to  the  happy  lot  of  Mr.  and  Mrs.  Webb,  both  tried  students  and 
workers  in  the  field  of  social  reform,  and  the}'^  have  done  their  work 
marvelously  well.  The  authors  tell  us  that  this  goodly  volume  is  the 
result  of  three  years  of  special  investigation,  and  is  based  almost 
entirely  upon  material  hitherto  unpublished,  and  their  claim  that  they 
present  not  merely  a  chronicle  of  Trade-Union  organization  or  a 
record  of  strikes,  but  virtually  a  review  of  the  political  history  of  the 
English  working-classes  during  the  last  150  years,  is  no  exaggeration. 

Naturally  one  turns  with  the  greatest  interest  to  the  portions  of  the 
book  which  deal  with  the  origin  and  early  history  of  the  Trade-Union 
movement,  for  it  is  here  that  the  romance  of  the  writers'  story  is  most 
fascinating.  At  the  very  outset  one  recognizes  with  approval  the  care 
which  has  been  taken  to  distinguish  between  the  direct,  lineal  pro- 
genitors of  modem  trade-unions  and  the  heterogeneous  industrial 
organizations  which  existed  centuries  before  the  Trade-Union  move- 
ment can  be  said  really  to  have  taken  its  rise.  In  the  mediaeval 
journeyman  fatemities,  in  the  ephemeral  combinations  of  manual 
workers  against  their  social  superiors,  such  as  are  found  to  have 
occurred  as  early  as  the  fourteenth  century,  in  early  associations  of  a 
more  or  less  benevolent  kind  in  which  employers  acted  side  by  side 
with  laborers,  and  in  the  Craft  Gilds  the  authors  refuse  to  recognize  any 
analogy  with  the  trade-unions  of  last  century  and  this.  Approxi- 
mately they  fix  1700  as  the  year  from  which  these  unions  may  be 
dated,  and  to  do  that  is  to  indicate  the  principal  causes  which  com- 
bined to  produce  this  new  and  more  aggressive  form  of  labor  coalition. 
In  thp  words  of  our  authors,  "the  fundamental  condition  of  Trade- 
Unionism  we  discover  in  the  economic  revolution  through  which 
certain  industries  were  passing.  In  all  cases  in  which  trade-unions 
arose  the  great  bulk  of  the  workers  had  ceased  to  be  independent 
producers,  themselves  controlling  the  processes  and  owning  the  mate- 
rials and  the  product  of  their  labor,  and  had  passed  into  the  condi- 
tion of  lifelong  wage-earners,  jxjssessing  neither  the  instruments  of 

[438] 


Thb  History  of  Trade-Unionism.  123 

production  nor  the  commodity  in  its  finished  state."  Yet,  again,  it  is 
not  to  be  concluded  that  "the  divorce  of  the  manual  worker  from  the 
ownership  of  the  means  of  production  resulted  from  the  introduction 
of  machinery  and  the  factory  system.  Had  this  been  the  case  we 
should  not,  upon  our  hypothesis,  have  expected  to  find  trade-unions 
at  an  earlier  date  than  factories  or  in  industries  untransformed  by 
machinery.  .  .  .  The  fact  that  the  earliest  permanent  combinations 
of  wage-earners  in  England  precede  the  factory  system  by  half  a 
century,  and  occur  in  trades  carried  on  exclusively  by  hand  labor, 
reminds  us  that  the  creation  of  a  class  of  lifelong  wage-servants  came 
about  in  more  than  one  way." 

Incidentally  light  is  thrown  on  the  tendency  prevalent  in  those 
days  still  to  look  for  redress  of  industrial  wrongs  to  public  authority. 
Now  it  was  appeal  to  the  House  of  Commons,  now  to  justices  of  the 
peace,  now  to  the  king  himself.  Thus,  in  1726,  the  weavers  of  Wilt- 
shire and  Somertsetshire  combined  to  petition  the  king  against  the 
harshness  and  fraud  of  their  employers,  the  clothiers,  with  the  result 
that  a  committee  of  the  Privy  Council  investigated  their  grievances, 
and  drew  up  "Articles  of  Agreement"  for  the  arrangement  of  the 
dispute,  at  the  same  time  admonishing  the  weavers  never  to  seek  relief 
by  unlawful  combinations,  but  always  to  "lay  their  grievances  in  a 
regular  way  before  his  Majesty,  who  would  be  always  ready  to  grant 
relief  suitable  to  the  justice  of  their  case."  Again,  "The  pioneers 
of  the  Trade-Union  movement  were  not  the  trade  clubs  of  the  town 
artisans,  but  the  extensive  combinations  of  the  West  of  England 
woolen  workers  and  the  Midland  framework  knitters.  It  was  these 
associations  that  initiated  what  afterward  became  the  common  pur- 
pose of  nearly  all  eighteenth  century  combinations — the  appeal  to  the 
Government  and  the  House  of  Commons  to  save  the  wage-earners 
from  the  new  policy  of  buying  labor,  like  the  raw  material  of  manu- 
facture, in  the  cheapest  market." 

It  was  not  long,  however,  before  a  change  for  the  worse  set  in.  Par- 
liament and  magistrate  alike  shut  their  ears  and  hardened  their  hearts 
against  the  cries  of  the  working  classes,  thanks  to  the  pressure  which 
the  employers  brought  to  bear  upon  both.  Thus  the  Woolen  Cloth 
Weavers*  Act  of  1756— which  provided  for  the  fixing  of  piecework 
prices  by  justices  of  the  peace,  in  order  that  the  custom  of  cutting 
down  rates  and  under-selling  might  be  checked — had  no  sooner  been 
passed  than  its  repeal  was  managed  somehow,  ' '  and  Parliament  was 
now  heading  straight  for  laissez-faire.'^  So  much  so,  that  when,  in 
1775.  the  weavers,  spinners,  scribblers,  and  other  woolen  workers  of 
Somerset  petitioned  against  the  harm  which  was  being  done  to  their 
livelihood  by  the  introduction  of  the  spinning-jenny  into  Sheptoa 

[439] 


124  Annai3  of  the  American  Academy. 

Mallet,  the  House  of  Commons  refused  even  to  receive  the  petition. 
From  that  time  labor  continued  unprotected  till  the  factory  legislation 
of  this  century  began  to  undo  the  wrongs  and  heal  the  social  wounds 
which  long  neglect  had  created.  Nor  did  Parliament  stay  at  laissez- 
faire.  Having  refused  to  help  the  working  classes,  its  next  humane 
act  was  to  deprive  them  of  the  means  of  helping  themselves.  This  was 
done  by  the  prohibition  of  combinations.  "  A  steady  multiplication 
of  acts  against  combinations  in  particular  industries  culminated  in  the 
comprehensive  statute  of  1799,  forbidding  combinations  of  all  kinds." 

Touching  this  era  in  the  history  of  Trade-Unionism — the  era  of 
repression — our  authors  say  : 

"The  traditional  history  of  the  Trade-Union  movement  represents 
the  period  prior  to  1824  as  one  of  unmitigated  persecution  and  con- 
tinuous repression.  Every  union  that  can  claim  an  existence  of  more 
than  a  half  a  century  possesses  a  romantic  legend  of  its  early  days. 
The  midnight  meeting  of  patriots  in  the  comer  of  the  field,  the  buried 
box  of  records,  secret  oath,  the  long  terms  of  imprisonment  of  the 
leading  officials  :  all  these  are  in  the  sagas  of  the  older  unions,  and 
form  material  out  of  which  in  an  age  untroubled  by  historical  criti- 
cism, a  semi-mythical  origin  might  easily  have  been  created." 

But  even  allowing  for  fiction,  there  is  fact  enough  in  all  this.  Read- 
ing to-day  of  the  harshness  dealt  to  the  members  of  labor  coalitions, 
during  the  first  twenty  years  of  this  century,  we  are  apt  to  dismiss 
the  subject  with  the  mere  mental  comment  that  if  such  behavior  was 
a  flagrant  perversion  of  justice,  the  ultimate  issue  has  been  worth  the 
pains.  But  it  is  impossible  to  realize  the  grim  actuality  of  their  sufferings 
to  the  men  who  had  to  bear  them.  Sometimes  they  bore  without 
complaining,  sometimes  it  was  with  complaint  enough,  sometimes  with 
rebellion  in  the  heart  and  blood  on  the  hand. 

The  fact  that  combinations  of  employers  and  employed  were  alike 
forbidden  but  little  alleviated  the  situation,  for  while  the  law  pounced 
down  upon  the  latter  on  the  mere  suspicion  of  illegality,  the  trans- 
gressions of  the  former  were  tacitly  condoned.  Times  have  strangely 
changed  since  "a  single  master,"  in  the  words  of  Lord  Jeffrey,  "was  at 
liberty  at  any  time  to  turn  off  the  whole  of  his  workmen  at  once — 100 
or  1000  in  number — if  they  would  not  accept  the  wages  he  chose  to 
offer,"  and  when  it  was  an  offence  for  such  work-people  to  leave 
employment  if  their  employer  refused  to  pay  the  wages  they  demanded. 
Say  our  authors  : 

"  During  the  whole  epoch  of  repression,  whilst  thousands  of  journey- 
men suffered  for  the  crime  of  combination,  there  is  absolutely  no  case 
on  record  in  which  an  employer  was  punished  for  the  same  offence. 
To  the  ordinary  politician — and  they  might  have  said  the  ordinary 

[440] 


Thb  History  of  Trade-Unionism.  125 

legal  mind — a  combination  of  employers  and  a  combination  of  work- 
\  people  seemed  in  no  way  comparable.  The  former  was  at  most  an 
I  industrial  misdemeanor;  the  latter  was  in  all  cases  a  political 
j  crime." 

1  Whence  arose  this  suspicion  of  the  working  classes  ?  The  causes  were 
;  partly  social,  partly  industrial.  In  the  words  of  Francis  Place,  the  Com- 
(  bination  Laws  were  "considered  as  absolutely  necessary  to  prevent 
I  ruinous  extortions  of  workmen,  which,  if  not  thus  restrained,  would 
destroy  the  whole  of  the  trade,  manufactures,  commerce,  and  agricul- 
ture of  the  nation.  .  .  .  This  led  to  the  conclusion  that  the  work- 
men were  the  most  unprincipled  of  mankind.  Hence,  the  continued 
ill-will,  suspicion,  and  in  almost  every  possible  way  the  bad  conduct 
of  workmen  and  their  employers  toward  one  another.  So  thoroughly 
was  this  false  notion  entertained  that  whenever  men  were  prosecuted 
to  conviction  for  having  combined  to  regulate  their  wages  or  the  hours 
of  working,  however  heavy  the  sentence  passed  on  them  was,  and 
however  rigorously  it  was  inflicted,  not  the  slightest  feeling  of  compas- 
sion was  manifested  by  anybody  for  the  unfortunate  sufferers.  Justice 
was  entirely  out  of  the  question  :  they  could  seldom  obtain  a  hearing 
before  a  magistrate,  never  without  impatience  or  insult ;  and  never 
could  they  calculate  on  even  an  approximation  to  a  rational  conclu- 
sion. .  .  .  Could  an  accurate  account  be  given  of  proceedings,  of 
hearings  before  magistrates,  trials  at  sessions  and  in  the  Court  of  King's 
Bench,  the  gross  injustice,  the  foul  invective,  and  terrible  punishments 
inflicted  would  not  after  a  few  years  have  passed  away,  be  credited  on 
any  but  the  best  evidence." 

But  it  was  not  merely  that  the  working  classes  were  rapidly  gaining 
economic  power.  The  shadow  of  the  French  Revolution  had  fallen 
over  this  as  well  as  other  lands,  and  the  governing  and  possessing 
classes— and  were  they  not  then  identical  ? — trembled  lest  the  black 
doings  which  had  transpired  in  France  should  be  imitated  here. 
Those  years  were  years  of  reaction  everywhere. 

But  coercion  was  not  successful,  or  at  least  its  success  was  partial 
and  temporary.  The  trade-unions  of  the  skilled  and  well -organized 
classes  of  work-people  were  hardly  checked  at  all.  Persecution  only 
caused  their  ranks  to  be  closed  up  more  firmly. 

Disputes  and  strikes  arose  in  spite  of  the  Combination  Acts,  and 
even  the  increased  rigor  with  which  these  acts  and  the  ordinary  penal 
laws  available  by  the  courts  were  enforced  was  powerless  to  stem  the 
growing  tide  of  industrial  discontent.  And  "  all  through  the  era  of 
repression  a  growing  sense  of  solidarity  among  the  whole  body  of 
wage-earners  "  was  observable.  No  longer  were  members  of  the  same 
trade  satisfied  with  the   pursuance  of   the  old  class  and  sectional 

[441] 


126  Annai^  of  th^  American  Academy. 

objects ;  one  trade  began  to  support  another ;  a  spirit  of  community 
began  to  run  through  the  entire  laboring  class. 

'•  With  the  final  abandonment  of  all  legislative  protection  of  the 
standard  of  life,  and  the  complete  divorce  of  the  workers  from  the 
instruments  of  production,  the  wage-earners  in  the  various  industrial 
centres  became,  indeed,  ever  more  conscious  of  the  widening  of  the 
old  separate  trade  disputes  into  the  class  war  which  characterizes  the 
present  century."  This  surprised  the  employers  exceedingly.  "  It  is 
difficult  to-day,"  remark  the  authors,  **to  realize  the  «azz/<?  surprise 
with  which  the  employers  of  that  time  regarded  the  practical  develop- 
ment of  working-class  solidarity.  The  master  witnesses  before  Par- 
liamentary Committees,  and  the  judges  in  sentencing  workmen  for 
combination,  are  constantly  found  reciting  instances  of  mutual  help 
to  prove  the  existence  of  a  widespread  *  conspiracy '  against  the  domi- 
nant classes.  That  the  I^ondon  tailors  should  send  money  to  the 
Glasgow  weavers,  or  the  goldbeaters  to  the  rope-spinners,  seemed  to 
the  middle  and  upper  classes  little  short  of  a  crime." 

When  at  last  the  man  of  deliverance  came  to  the  working  classes, 
he  proved  to  be  not  a  member  of  their  order,  but  a  tradesman — 
Francis  Place,  a  Charing  Cross  tailor.  He  it  was  who,  making  the 
repeal  of  the  Combination  Laws  his  own  cause  in  1818,  never  wavered 
or  rested  until  they  had  been  removed  from  the  statute-book. 

The  championship  of  the  popular  classes  which  he  conducted  in  the 
country  Joseph  Hume  conducted  in  the  House  of  Commons.  Their 
first  victory  was  the  appointment  (February,  1824)  of  a  Select  Com- 
mittee of  that  House  for  the  investigation  of  (i)  the  emigration  of 
artisans,  (2)* the  exportation  of  machinery,  and  (3)  combinations  of 
workmen,  all  of  which  were  still  forbidden  by  law.  This  was  not 
done  without  the  exercise  of  a  certain  amount  oi  finesse,  for  while 
Peel  and  Huskisson  supposed  that  the  serious  purpose  of  the  com- 
mittee was  to  inquire  into  questions  one  and  two,  Place  and  Hume 
had  determined  that  its  attention  should,  as  far  as  possible,  lie  con- 
centrated upon  the  third. 

"Hume,  who  was  appointed  chairman,  appears  to  have  taken  into 
his  own  hands  the  entire  management  of  the  proceedings.  A  circular 
explaining  the  objects  of  the  inquiry  was  sent  to  the  mayor  or  other 
pubUc  officer  of  forty  provincial  towns,  and  appeared  in  the  principal 
local  newspapers.  Meanwhile,  Place,  who  had  by  this  time  acquired 
the  full  confidence  of  the  chief  leaders  of  the  working  class,  secured 
the  attendance  of  artisan  witnesses  from  all  parts  of  the  kingdom. 
Read  in  the  light  of  Place's  private  records  and  daily  correspondence 
with  Hume,  the  proceedings  of  this  *  Committee  on  Artisans  and 
Machinery  '  reveal  an  almost  perfect  example  of  political  manipulation. 

[442] 


The  History  op  Trade-Union  ism.  127 

Although  no  hostile  witness  was  denied  a  hearing,  it  was  evidently 
arranged  that  the  employers  who  were  favorable  to  repeal  should 
be  examined  first,  and  that  the  preponderance  oC  evidence  should 
be  on  their  side.  And  whilst  those  interests  which  would  have 
been  antagonistic  to  the  repeal  were  neither  professionally  represented 
nor  deliberately  organized,  the  men's  case  was  marshaled  with  admir- 
able skill  by  Place,  and  fully  brought  out  by  Hume's  examination. 
Thus  the  one  acted  as  the  trade-unionists'  Parliamentary  solicitor,  and 
the  other  as  their  unpaid  counsel." 

It  should  be  remembered  that  Place  himself  is  the  principal  authority 
for  this  version  of  the  committee's  history,  and  doubtless  his  ingenu- 
ity in  getting  up  the  Trade-Union  case  and  in  influencing  the  issue  of 
the  inquiry  receives  here  its  full  meed  of  credit.  But  whether  or  not 
80  much  was  due  to  the  "  wire-pulling.  Parliamentary  lobbying,  and 
all  those  artifices  by  which  a  popular  movement  is  first  created  and 
then  made  effective  on  the  Parliamentary  system,"  in  which  the 
authors  claim  that  Place  was  "  an  inventor  and  tactician  of  the  first 
order, ' '  the  battle  was  won  all  the  same,  and  won  brilliantly. 

* '  The  result  of  the  inquiry  was  as  Hume  and  Place  had  ordained. 
A  series  of  resolutions  in  favor  of  complete  freedom  of  combination 
and  liberty  of  emigration  was  adopted  by  the  committee,  apparently 
without  dissent.  A  bill  to  repeal  all  the  Combination  Laws  and  to 
legalize  trade  societies  was  passed  rapidly  through  both  Houses, 
without  either  debate  or  division  (1824).  Place  and  Hume  contrived 
privately  to  talk  over  and  to  silence  the  few  members  who  were 
alive  to  the  situation;  and  the  measure  passed,  as  Place  remarks, 
•  almost  without  the  notice  of  members  within  or  newspapers  without.* 
So  quietly  was  the  bill  smuggled  through  Parliament  that  the  magis- 
trates at  a  Lancashire  town  unwittingly  sentenced  certain  cotton 
weavers  to  imprisonment  for  combination  some  weeks  after  the  laws 
against  that  crime  had  been  repealed." 

The  result  was  a  rapid  growth  of  trade  societies,  and  for  a  time  a 
great  multiplication  of  disputes,  between  capital  and  labor,  vrith  much 
arbitrary  dealing  on  both  sides.  Place,  strange  to  say,  had  thought,  and 
being  a  good  individualist  had  even  hoped,  that  combinations  would 
cease  to  exist  when  the  working  classes  were  no  longer  coerced.  Another 
instance  of  human  nature's  fondness  for  working  at  cross  purposes. 

We  must  pass  over  the  excellent  account  which  our  authors  give  of 
the  revolutionary  period  which  followed,  and  which  they  date  1829  to 
1842,  a  period  which  brought  chartism  to  the  front.  It  was  now,  too, 
that  Robert  Owen  attempted  to  launch  his  ambitious  scheme  of  a 
Grand  National  Consolidated  Trade-Union,  which  was  to  be  the  herald 
of  a  system  of  universal  socialism.     It  flashed  before  the  startled  gaze 

[443] 


128  Annals  of  the  American  Academy. 

of  the  country  like  a  meteor, — "nothing  in  the  annals  of  unionism 
in  this  country  at  all  approached  the  rapidity  of  the  growth  which 
ensued  :  within  a^w  weeks  the  union  appears  to  have  been  joined  by 
at  least  half  a  million  members,  including  tens  of  thousands  of  farm 
laborers  and  women," — but  it  disappeared  with  something  like  meteoric 
expedition.  Owen's  Utopias  were  always  too  Utopian  to  succeed. 
While  the  terror  was  on,  there  seemed  likelihood  that  the  party  of 
reaction  might  succeed  in  restoring  the  old  restrictive  laws,  but  their 
attempts  were  frustrated,  and  when  things  became  quieter  the  Trade- 
Union  movement  passed  permanently  into  an  easier  and  more  straight- 
forward channel. 

A  good  half  of  the  book  is  devoted  to  the  quite  modem  history  of 
Trade-Unionism,  as  to  which  it  is  hardly  necessary  to  say  more  than 
that  it  is  conscientiously  done,  though  the  subject-matter  is  frequently 
controversial,  and  it  is  not  difficult  to  detect  the  authors'  leanings  at 
times.  Among  the  many  phases  of  the  subject  touched  upon  are  the 
organization  of  the  agricultural  laborers,  the  eight-hour-day  move- 
ment, the  Lancashire  weavers'  list  question,  the  trade  friendly  societies, 
women's  unions,  the  establishment  and  history  of  the  Trade-Union 
Congress  (which  dates  from  187 1),  the  growth  of  socialism,  and  with 
it  the  diflferentiation  of  the  Old  and  the  New  Unionism. 

The  closing  chapter  is  largely  statistical  and  is  taken  up  with  a 
review  of  the  present  position  of  Trade-Unionism,  its  strength  and 
influence,  and  the  life  of  the  "Trade-Union  world."  Though  no 
exact  data  exist,  the  authors  estimate  that  the  membership  of  the 
trade-unions  of  the  united  kingdom  at  the  end  of  1892  was  over 
1,500,000,  though  below  1,600,000.  This  would  represent  something 
like  four  per  cent  of  the  total  population,  or  twenty  per  cent  of  the 
adult  manual  working  class,  though  in  some  counties  of  England  as 
many  as  fifty  per  cent  of  the  manual  workers  belong  to  unions. 
Membership  is  small  amongst  women,  however,  the  proportion  being 
as  far  as  can  be  estimated  one  unionist  to  every  twenty  or  thirty  manual 
workers.  As  to  the  work  of  Trade-Unionism  in  the  future — the  prob- 
lems which  it  will  have  to  face  and  the  difficulties  which  it  will  have  to 
overcome — Mr.  and  Mrs.  Webb  for  the  present  preserve  silence,  but  in 
excellent  compensation  they  promise  a  special  volume  on  the  subject. 

For  this  work  it  will  be  seen,  we  have  only  praise.  It  could  not  be 
otherwise.  The  authors  had  a  great  task  to  perform  when  they  under- 
took an  investigation  so  difficult,  so  complex,  and  in  part  so  delicate 
as  this  of  the  origin,  development  and  effects,  alike  upon  industrial 
and  political  history  of  Trade-Unionism.  They  have  not  merely  done 
their  work  well,  but  we  are  bound  to  say  that  we  do  not  believe  it 
could  have  been  done  better.  Wii.i,iam  HarbutT  Dawson. 

[444] 


NOTES. 


The  monograph  on  * '  Local  Government  in  the  South  and  South- 
west"* is  the  joint  product  of  Professor  Edward  W.  Bemis  and  of 
students  working,  under  his  direction,  while  a  professor  in  Vanderbilt 
University,  1891-92.  In  most  cases  it  was  possible  to  assign  work  to 
natives  of  the  States  to  be  treated,  but  those  who  took  Mississippi  and 
Louisiana  were  compelled  to  abandon  their  work,  and  no  one  was- 
secured  for  Florida.  Extensive  studies  have  been  recently  published 
on  Virginia  and  South  Carolina.  Dr.  Bemis  has  made  brief  notes  on 
all  of  these  except  Virginia.  The  work  begins  with  North  Carolina 
and  includes  Kentucky  and  Missouri.  Dr.  Bemis  furnishes  the  intro- 
duction. The  papers  are  arranged  in  the  order  of  the  States  that 
have  developed  the  power  of  local  taxation,  beginning  with  North 
Carolina,  which  has  the  least;  then  come  Tennessee,  Louisiana,  Ala- 
bama, Georgia  and  Mississippi,  none  of  which  possess  the  power  of 
local  taxation,  save  in  incorporated  towns,  cities  and  special  school 
districts.  Then  follow  South  Carolina,  Florida,  Texas,  Arkansas, 
Kentucky  and  Missouri,  in  all  of  which  the  school  districts,  and  in 
the  last  two  all  townships,  have  the  power  of  local  taxation.  A 
growth  in  local  government  is  shown  in  most  of  these  States,  and  the 
main  thesis  seems  to  be  that  the  centre  of  this  growth  is  the  school, 
for  it  is  here  that  the  question  of  local  concern  and  local  control  of 
the  tax  levy  comes  in.  Dr.  Bemis  acknowledges,  in  a  general  way, 
that  the  chief  hindrance  to  the  growth  of  local  government  in  the 
South  is  the  negro.  But  this  drawback  is  hardly  made  sufficiently- 
prominent.  North  Carolina  is  a  sample.  It  is  true  that  she  repre- 
sents "tlie  most  complete  system  of  State  control  and  centralization. 
of  local  government  in  this  country."  But  it  is  an  error  to  attribute 
this  backwardness  either  to  lack  of  intelligence,  habits  or  prejudice. 
Not  even  the  historical  basis  on  which  the  system  rests  would  endure 
for  a  moment  against  the  tide  of  self-government  were  the  negro  out 
of  the  way.  But  the  eastern  counties  of  that  State,  having  learned  by 
bitter  experience  what  negro  rule  means,  having  had  their  county 
script  hawked  about  at  ten  cents  on  the  dollar,  were  only  too  glad  to 
escape  from  its  evils  at  the  expense  of  centralization.  The  western 
part  never  has  been  in  favor  of  the  system.     It  has  borne  it  only  out 

*  Local  Government  in  the  South  and  Southwest.  By  Kdward  W.  Bemis  and 
others.  Pp.118.  Price,  |i. 00.  Johns  Hopkins  University  Studies  in  Iliatory  and 
Political  Science.    Vol.  zi.    Nos.  11  and  12.    Baltimore,  1893. 

[445] 


130         Annals  of  thk  American  Academy. 

of  sympathy  with  the  negro-ridden  East.  There  is  a  strong  and  steady 
sentiment  in  the  West  against  it,  and  this  feeling  may  gain  the 
ascendancy  at  any  session  of  the  Legislature.  The  presence  of  this 
sentiment  is  shown  by  the  defeat  of  the  Constitutional  Amendment  in 
1892,  which  provided  for  the  election  of  State  solicitors  on  a  general 
instead  of  a  local  ticket. 


The  Annaw  cannot  undertake  to  notice  every  school  textbook  of 
history  that  appears,  but  when  one  is  written  by  so  distinguished  an 
author  as  Mr.  John  Fiske,*  space  may  well  be  spared  for  a  brief  notice. 
Mr.  Fiske  in  his  larger  undertakings  has  up  to  this  time  confined  him- 
self to  the  period  anterior  to  the  inauguration  of  the  present  Constitu- 
tion, but  it  is  generally  understood  that  he  is  to  continue,  on  the  broad 
scale  already  begun  by  him,  into  the  history  of  the  past  hundred 
years.  As  might,  perhaps,  be  naturally  expected,  the  strongest  por- 
tion of  this  history  for  schools  is  the  part  dealing  with  colonial  aflfairs, 
to  which  five-eighths  of  the  book  are  given  up,  leaving  only  three-eighths 
for  the  treatment  of  the  infinitely  more  instructive  history  since  1789. 
And  not  only  is  the  perspective  of  American  history  thus  drawn  out  of 
focus,  but  there  are  also  frequent  errors  of  statement  in  the  latter  por- 
tion of  the  book.  The  illustrations  are  generally  useful  and  well 
executed.  The  book  as  a  whole,  however,  is  hardly  what  we  should 
expect  from  a  person  of  the  author's  reputation,  and  for  school  pur- 
poses it  is  not  so  well  adapted  as  are  several  other  histories  by  less 
famous  writers. 


*'  Wirtschafts  und  Finanzgeschichte  der  Reichsstadt  Ueherlingen 
am  Bodensee ' '  is  one  of  the  monographsf  of  the  series  edited  by  Dr. 
Otto  Gierke  in  the  domain  of  the  more  extensive  study  of  German 
law.  It  comprises  a  painstaking  investigation  of  the  local  economic 
history  of  Ueberlingen  from  1550  to  1628.  One  need  not  subscribe  to 
Schmoller's  doctrine  of  the  nature  and  scope  of  economics,  nor  even 
to  Ingram's  idea  of  a  rehabilitation  of  the  science  by  complete  historico- 
economic  induction  to  see  the  merit  of  a  piece  of  work  of  this  kind. 
It  throws  no  little  light  on  the  economic  life  of  cities  in  the  sixteenth 
century;  it  gives  a  good  picture  of  the  role  played  by  gilds  in  munici- 
pal politics;  it  sets  before  us  the  cruder  forms  of  civic  finance.  More 
than  this,  it  promises  to  bear  directly  upon  the  important  historical 
question  as  to  the  extent  of  the  ravages  of  the  Thirty  Years'  War  in 

^  A  History  of  the  United  States  for  Schools.  By  John  Fiske;  With  Topical  Anal- 
ysis, etc.,  by  Frank  A.  Hill.  Pp.  xxi,  474.  Price  $1.00.  Boston:  Houghton,  Miffliu 
&  Co..  1894. 

\lVirtschafls  und  Finanzgeschichte  der  Reichsstadt  Ueberlingen  am  Bodensee 
By  Da.  FaiEDRiCH  Schaefer.    Pp.  196.    Breslau,  1893. 

[446] 


Notes.  131 

Germany.  These  have  been  perhaps  unduly  magnified,  and  an  exact 
test  of  their  severity  in  even  a  small  district  will  not  be  without  its 
importance.  Another  point  to  be  noted  in  the  brochure  is  the  impar- 
tial summary  of  the  good  and  evil  in  mediaeval  economic  life.  If  the 
supervision  of  economic  life  by  civic  functionaries  acting  under  an 
inherited  sense  of  the  obligation  imposed  by  their  office  did  much 
good  in  the  line  of  the  distribution  of  wealth,  this  advantage  was 
dearly  purchased  at  the  expense  of  the  homely  virtues  of  thrift  and 
frugality  on  the  part  of  the  community  at  large. 


Under  the  titi,e  '*  Social  Peace :  a  Study  of  the  Trade-Union 
Movement  in  England,"  *  Messrs.  Swan  Sonnenschein  &  Co.  have  pub- 
lished extracts  from  Dr.  Schulze-Gaevemitz's  ''Zum  socialen  Frieden.** 
The  selection  of  the  economic  p6rtions  from  the  broader  German 
work  was  done  by  Graham  Wallas ;  and  the  translation  is  made  by 
Miss  C.  M.  Wicksteed.  The  title  and  sub-title  sufficiently  indicate 
tlie  scope  and  character  of  the  work.  The  author's  purpose  is  to 
show  that  in  England  the  movements  toward  the  organization  of 
laborers  has  made  for,  and  is  still  making  for,  peaceful  and  stable  in- 
dustrial relations.  He  hopes  thus  to  show  that  economic  and  social 
happiness  for  Germany  is  to  be  secured,  not  by  the  violent  and  radical 
measures  of  social  democracy,  but  by  such  reforms  as  have  blessed 
England. 

After  brief  sketches  of  British  industry  before  the  great  inventions, 
of  the  immediate  effects  of  these  inventions  on  the  employer  and  the 
laborer,  and  of  the  violent  class  warfare  in  the  early  half  of  the  cen- 
tury, there  follows  a  fuller  description  of  the  rise  and  working  of 
labor  organizations.  The  opening  chapters  are  dangerously  brief ;  but 
they  are  notably  good,  particularly  the  one  on  class  warfare,  in  which 
the  economic  character  of  the  Chartist  movement  is  clearly  brought 
out  The  chapter  on  the  community  of  interest  between  employer 
and  laborer  contains  valuable  data  for  the  conclusion  that  highly  paid 
labor  is  after  all  the  cheapest  for  the  master.  But  the  most  valuable 
part  of  the  book  is  that  wherein  is  given  an  account  of  the  methods 
and  results  of  industrial  conciliation  and  arbitration  in  the  great  in- 
dustries of  England.  It  is  upon  the  great  progress  made  in  these 
fields,  that  the  author  rests  his  assertion  that  England  has  at  last 
come  to  a  solution  of  the  problems  which  vexed  her  so  long. 
Whether  or  not  the  facts  sustain  such  a  conclusion,  they  would 
certainly  be  instructive  reading  for  the  average  American  employer  and 
newspaper  writer. 

•Social  Science  Series,  Double  Numbers.  Price,  |i.25.  New  York:  Imported 
by  Charles  Scribner's  Sons,  1894. 

[447] 


132  Annates  of  the  Ame;rican  Acad:bmy. 


I 


The  case  of  Winthrop  vs.  Lechmere  is  well  known  to  students  of 
constitutional  law,  for  by  it,  on  appeal  from  a  disaffected  member 
of  the  colony  of  Connecticut,  the  colonial  intestacy  law  was  declared 
unconstitutional,  that  is,  contrary  to  the  common  law  of  England  and 
unauthorized  by  the  charter.  Then  by  implication  it  contained  the 
essence  of  the  American  doctrine  that  the  judiciary  has  the  power  to 
declare  legislative  acts  unconstitutional.  It  stands  with  the  equally 
famous  cases  of  Trevett  vs.  Weeden  and  Bayard  vs.  Singleton,  although 
the  action  of  the  king  in  council  was  not  so  purely  judicial,  as  was 
that  of  the  Supreme  Courts  of  Rhode  Island  and  North  Carolina. 
The  case  was  therefore  of  less  immediate  influence  upon  the  develop- 
ment of  our  constitutional  law.  The  late  Brinton  Coxe  in  his  *'  Essay 
on  the  Judicial  Power  "  (Philadelphia,  1893),  has  called  renewed  atten- 
tion to  the  case  and  has  noted  its  effects  in  habituating  the  minds  of 
the  Connecticut  inhabitants  to  the  idea  of  the  vacation  of  a  legislative 
act  because  of  its  unconstitutionality.  Students  of  history,  however, 
know  that  the  case  had  a  wider  application  than  this.  It  may  have 
affected  the  legal  ideas  of  the  colonies,  but  it  also  started  a  controversy, 
the  effect  of  which  was  to  define  more  exactly  than  ever  before  the 
relation  of  the  proprietary  and  charter  colonies  to  Parliament  and  to 
educate  the  colonists,  not  only  in  juristic  principles,  but  in  economic 
and  constitutional  principles  also.  In  other  words  the  Winthrop  vs. 
Lechmere  case  unsettled  the  life  of  the  Connecticut  colony  for  seven- 
teen years.  It  was  discussed  from  every  possible  standpoint  during 
these  years  and  in  consequence  had  no  inconsiderable  effect  in  shaping 
colonial  ideas  and  in  preparing  the  colonists  for  the  greater  events 
that  were  to  follow.  It  is  fortunate,  therefore,  that  a  recent  publica- 
tion* of  the  Connecticut  Historical  Society  has  made  accessible  the 
documents  in  the  case,  the  correspondence  of  Governor  Talcott  (1724- 
1741),  together  with  many  other  valuable  papers  bearing  directly  or 
indirectly  upon  the  matter.  It  is  fortunate  also  that  the  work  has 
fallen  into  the  hands  of  an  editor  who  has  a  thorough  appreciation  of 
the  importance  of  her  task.  The  two  volumes  are  well  put  together, 
well  indexed  and  made  more  serviceable  by  frequent  explanatory 
notes.  We  recommend  them  to  every  student  of  colonial  history  and 
colonial  law. 


Among  the  most  satisfactory  of  the  briefer  textbooks  in  American 
history  is  to  be  classed  the  recent  one  by  Professor  Allen  C.  Thomas, 

•  The  Talcott  Papers.  Correspondence  and  Documencs  (chiefly  official)  during 
Joseph  Talcotfs  Governorship  of  the  Colony  of  Connecticut,  1724-1741.  Edited  by 
Ma&y  Kiwosbcry  Taixott.    Vol.  I,  1724-1736 ;  VoL  II,  1736-1741. 

[448] 


Notes. 


«33 


of  Havcrford  College,  Pennsylvania.*  The  work  is  written  in  good 
style,  is  well  proportioned,  gives  ample  references  for  supplementary 
reading,  and  contains  a  moderate  number  of  maps  chosen  with  good 
discrimination.  Professor  Thomas  is  to  be  congratulated  on  pro- 
ducing a  book  as  useful  as  this  will  be  in  high  and  other  secondary 
achools. 


Dr.  W1LI.IAM  Howe  Tolman,  Secretary  of  the  New  York  City 
Vigilance  League,  and  Dr.  William  I.  Hull,  Associate  Professor  of 
Economics  and  Social  Science  at  Swarthmore  College,  have  jointly  is- 
sued a  **  Handbook  of  Sociological  Information,  With  Especial  Refer- 
ence to  New  York  City,"t  which  was  prepared  for  the  City  Vigilance 
League. 

The  "  Tvith  especial  reference  to  New  York  City  "  indicates  the  part 
of  the  book  that  will  prove  to  be  of  greatest  value.  Part  II,  under  the 
ill-defined  title  of  "  Applied  Sociology,"  furnishes  a  good  finding  list 
and  a  fairly  complete  index  to  the  various  charities  and  associations 
for  social  reform  in  New  York  City,  and  ought  to  prove  useful  to 
many  workers  within  its  borders,  and  to  not  a  few  outsiders  who  are 
not  very  well  acquainted  with  the  actual  relief  and  social  work  being 
carried  on  in  New  York.  Part  I  of  the  Handbook  is  intended  to  be 
more  general  and  to  appeal  to  a  wider  public.  It  contains  short  ex- 
planatory notes  by  diflferent  authors  on  many  topics,  grou|>ed  under 
the  headings,  State,  church,  family,  labor,  charity  and  pauperism, 
child  problem,  criminology  and  penology,  economics,  lodging  houses, 
municipal  problems,  etc.  These  notes  are  followed  by  short  bibliogra- 
phies, which  are  not  always  as  complete  as  they  ought  to  be,  nor  are 
they  in  many  cases  well  chosen.  If  some  clearer  idea  of  the  province 
of  Sociology  had  governed  the  editors  in  the  selection  of  material  for 
the  Handbook,  it  would  be  of  more  value  to  those  students  who 
already  have  some  knowledge  of  these  topics.  As  it  is,  there  are, 
doubtless,  many  elementary  students  of  social  questions  and  some 
practical  workers  in  charities  and  municipal  reform  problems,  who 
will  find  the  Handbook  useful  for  reference,  but  for  a  guide  to  serious 
study  of  the  topics  mentioned,  they  must  needs  look  elsewhere. 


The  Society  for  Education  Extension,  of  Hartford,  Conn.,  has 
opened  in  that  city  a  School  of  Sociology,  whose  future  fortunes  will 

*A  History  of  the  United  States.  By  Allen  C.  Thomas,  A.  M  ,  Professor  of  History 
in  Havcrford  College.     Pp  410,  IxxiL   Price,  |i.i2.  Boston:  D.  C,  Heath  &  Co.,  1894. 

\Handbook  of  Sociological  Information,  With  Especial  Reference  to  New  York  City. 
By  William  Howe  Tolman,  Ph.D.  and  William  I.  Hull,  Ph.D.  Pp  a68.  Price, 
li.io.    New  York;   The  City  VigiUnce  I^cague,  1894. 

[449] 


134  Annai^  of  the  American  Academy. 

he  watched  with  interest.  The  leading  spirit  in  this  ambitious  enter- 
j)rise  is  Professor  Chester  D.  Hartranft,  of  the  Hartford  Theological 
vSchool.  The  motive  of  the  experiment  is  the  widespread  interest  in 
socioloj^ical  subjects  at  the  present  time,  coupled  with  the  confessedly 
unscttkil  state  of  sociological  opinion.  A  twofold  result  may  be 
hopeil  from  the  success  of  the  school,  the  dissemination  of  accurate 
information  and  inculcation  of  sound  methods  among  those  called 
ujx)n  to  deal  with  these  questions  in  practical  life,  and  secondly  a  dis- 
tinct contribution  to  the  science  of  sociology  itself. 

The  founders  of  the  school  appeal  to  a  hitherto  somewhat  neglected 
professional  interest.  In  the  management  of  charitable  and  educa- 
tional trusts  in  the  active  work  of  political  and  social  reform  and  in 
journalism,  they  find  a  field  where  the  training  they  offer  is  sadly 
neede<l.  They  believe  that  the  professional  sociologist  has  work  to  da 
outside  of  college  walls  and  they  aim  to  prepare  him  for  that  work.  As 
regular  students,  therefore,  candidates  for  the  degree  of  Bachelor  of 
Sociology,  only  such  persons  of  either  sex  are  eligible  as  have  already 
obtained  a  collegiate  bachelor's  degree.  Other  persons  are  admitted 
as  special  students.  In  the  fullest  sense,  therefore,  the  institution  is  a 
post-graduate  school. 

The  instruction,  which  covers  a  period  of  three  years,  will  be  given 
by  lecture  courses,  varying  from  three  to  twenty  lectures.  For  the 
first  year  the  following  lecturers  have  been  secured: 

Chester  D.  Hartranft,  D.  D.,  President,  "The  Encyclopaedia  and 
Meiluxlology  of  vSociology;"  Professor  John  Bascom,  LL.  D.,  of  Wil- 
liams College,  "The  Philosophy  of  Sociology;"  Professor  Austin  Abbot, 
LL.  I).,  Dean  of  the  New  York  University  lyaw  School,  "The  Family, 
Ivcgally  Considered;"  Professor  Clark  S.  Beardslee,  M.  A.,  of  the  Hart- 
ford Theological  Seminary,  "  The  Family,  Theologically  and  Ethically 
C(jnsi«lered;"  Samuel  W.  Dike,  LL.  D.,  Secretary  of  the  Divorce  Re- 
form League,  "The  I'amily  as  a  Modern  Problem;"  Henry  Smith 
Williams,  I).  I).,  of  New  York,  "Heretlity;"  Mrs.  Alice  Peloubet 
N(;rt()ii,  authore'^s,  "  Domestic  I'xonomy;"  Professor  Roland  P.  Falk- 
ner,  I'h.  I).,  of  the  T'niversity  of  Pennsylvania,  "General  and  vSpecial 
St.itistics;"  Professor  Otis  T.  Mason,  Curator  of  the  Ethnological  De- 
j<artijitiit  of  the  National  lluseum,  "  lUhnology;"  Professor  William 
I.ibbcy.  Jr.,  Ph.  ]).,  ]).  Sc,  of  Princeton  College,  "  p;ffect  of  Environ- 
mrtit  on  the  .Social  Structure;"  Professor  Charles  M.  Andrews,  Ph.  D., 
of  Hryn  Mawr  College,  "  The  Community;"  Curtis  M.  Geer,  Ph.  D.,  Fel- 
low «.f  Hartford  Theological  Seminary,  "Institutions;"  Professor  Wil- 
liam M.  Sloaiie,  hh.  D.,  of  Princeton  College,  "The  Nation;"  Pro- 
fessor William  O.  .\twat(r.  Ph.  D.,  and  Professor  Charles  I.  Woods, 
B.  S.,  of  Wesleyan  University,  "  P^'ood,  Historically  and  Scientifically 

[450] 


Notes.  135 

Considered;"  George  Keller,  Hartford,  "Shelter,  Historically  and 
Sanitarily  Considered;"  Professor  Dwight  Porter,  Ph.  B.,  of  the  Mas- 
sachusetts Institute  of  Technology,  "Sanitary  Engineering." 

The  first  year  will  also  include  courses  on  "The  Family,  Biologi- 
cally Considered,"  "The  Evolution  of  the  Family,"  "The  Stetus  of 
Women,  Historically  and  Scientifically  Considered,"  "Population," 
"The  Growth  of  Cities  and  Decline  of  the  Country,"  "  Dress"  and 
"Sanitary  Science,"  the  lecturers  for  which  have  not  yet  been 
announced. 

The  instruction  of  the  lecturers  will  be  supplemented  by  a  weekly 
sociological  conference  under  the  leadership  of  Dr.  David  I.  Green. 
Special  attention  will  be  paid  by  the  governing  authorities  to  investi- 
gation of  social  phenomena  by  the  students  themselves,  and  to  the 
acquisition  of  practical  experience  through  the  various  agencies  now 
at  work  in  several  parts  of  the  sociological  field. 


MISCEI.LANY. 


INTERNATIONAL  CONGRESS  OF  HYGIENE  AND  DEMOGRAPHY. 

The  Eighth  International  Congress  of  Hygiene  and  Demography 
was  held  at  Budapesth  September  i  to  9,  1894.  Like  its  predecessors, 
this  Congress  was  a  huge  affair.  As  many  as  2500  persons  took  part 
and  the  program  contained  a  formidable  list  of  700  papers.  Despite 
the  size  of  the  Congress,  the  local  committee,  under  the  leadership  of 
Professors  Joseph  Fodor  and  Coloman  Miiller,  succeeded  in  directing 
the  unwieldly  body  with  conspicuous  address.  While  we  can  record 
here  only  the  scientific  work  of  the  Congress,  it  would  be  unjust  to 
pass  over  without  a  word  the  cordial  hospitality  of  the  people  of 
Budapesth,  the  successful  arrangements  made  for  the  entertainment 
of  the  members  of  the  Congress,  and  the  ample  opportunity  offered 
for  that  personal  intercourse  which  constitutes,  perhaps,  the  chief 
value  of  such  gatherings  to  those  who  take  part  in  them. 

In  numbers  the  hygienic  division  of  the  Congress  far  outranks  the 
demographic.  The  work  of  the  division  was  carried  on  in  as  many  as 
nineteen  sections,  and  so  numerous  were  the  papers  presented  that 
some  of  the  sections  held  continuous  sessions.  The  record  of  their 
work  must  be  looked  for  in  the  medical  and  kindred  journals. 

The  demographical  division  of  the  Congress,  which  in  its  minute 
study  of  the  phenomena  of  population  has  a  more  direct  bearing  on 
social  science,  was  far  more  compact  than  the  hygienic  department.  Its 
members  were  not  so  numerous,  and  the  disadvantage  of  large  num- 
bers was  not  so  keenly  felt  The  work  of  this  division,  as  well  as  the 
other,  consisted  in  public  lectures  of  a  rather  popular  character,  and 
papers  read  in  the  various  sections  of  the  division.  Public  lectures, 
which  called  together  the  entire  division,  were  given  in  the  course  of 
the  Congress  by  Professor  Kmile  I/evasseur  (Paris)  on  "The  History 
of  Demography,"  and  by  Dr.  Georg  v.  Mayr  (Strassburg)  on  *' Sta- 
tistics and  Social  Science.  * '  The  former  was  a  rapid  review  of  the 
development  of  the  interest  in  and  study  of  population  statistics, 
while  the  latter  attempted  to  define  the  position  vrhich  statistics 
occupy  in  the  investigation  of  social  phenomena. 

The  work  of  each  of  the  seven  sections  was  not  entirely  continuous, 
but  it  was  possible,  however,  to  hear  only  a  part  of  what  was  offered. 
It  may  be  questioned  whether  the  separation  into  so  many  sections 
was  a  wise  provision.  A  few  meetings  with  a  carefully  selected  pro- 
gnm.  would  have  been  more  satisfactory,   if  it  would  have  been 

[452] 


Congress  of  Hygiene  and  Demography.      137 

equally  successful  in  bringing  together  as  many  members.  We  can 
only  give  the  titles  of  the  papers  actually  read,  neglecting  a  number 
perhaps  half  as  large  which  were  announced  but  not  presented.  The 
titles  are  here  given  in  English,  though  that  language  was  not  heard 
so  frequently  at  the  Congress  as  French  and  German  : 

Section  l.^Historical  Demography. 

Levasseur  (Paris).    The  purpose  of  historical  demography. 
Puschman  (Vienna).     History  of  epidemics. 
Lanczy  (Budapesth).     Epidemics  in  the  Middle  Ages. 
InamaStemegg  (Vienna).     Historical  consideration  of  the  problem 

of  the  length  and  change  of  generations. 
Beloch  (Rome).     History  of  agglomerations,  especially  of  large  cities. 
Levasseur  (Paris).  History  of  agglomerations,  especially  of  large  cities. 
Mandello    (Budapesth).      Urban    immigration   and  the  sociological 

structure  of  population. 

Section  W.— General  Demography. 

Stieda  (Rostock).     The  doctrine  of  Malthusianism. 

Lang  (Budapesth).     Statistics  of  nationalties  in  Austria  and  Hungary. 

Hjelt  (Helsingfors).  Changes  in  the  structure  of  Finland's  popu- 
lation, 1 750-1890. 

Wirih  (Vienna).     Statistics  of  independent  and  dependent  laborers. 

Cuillaume  (Berne).  Results  obtained  in  Switzerland  with  a  new 
card  for  mortality  statistics. 

Goehlert  (Vienna).     On  marriages  between  blood  relations. 

Buben  (Mdria-Nostra).  Incendiary  women  from  the  standpoint  of 
criminal  anthropology. 

TreilU  (Algiers).     Germans  in  Algiers  since  the  conquest 

Section  III.— Technique  of  Demography. 

Advantages  and  disadvantages  of  the  card  system,  papers  by  BUnck 
(Berlin),  Mayr  (Strassburg),  Rasp  (Munich)  and  MischUr  (Graz). 

BUnck  (Berlin).  The  determination  of  persons  belonging  to  the 
highest  age  classes  in  Prussia. 

Korosi  (Budapesth).     Intensity  of  social  life. 

Verrijn  Stuart  (Hague).     Social  classes  in  demography. 

Rath  (Budapesth).     Social  classes  in  demography. 

Section  IV .—Demography  of  Agricultural  Classes. 

Verkauf  (Vienna).     Illegitimate  births  in  agricultural  districts. 
Tkuroczy  (Nyitra).     Relation  between  the  mortality  and  the  size  of 
villages. 

[453] 


138  Annai^  ok  thk  American  Academy. 

/.:  ui:i^  ^Marifinvt-nlcr).    Connection  between  migrations  and  economic 

lH.)silic)n  in  C.cnnany. 
A'u/i.\iru/    ZiirichV      Metluxls  of  agricultural  colonization  with  especial 

nlVrence  to  Hungary. 
Zi'r;<  .T  lAgrani'.      Associated  households. 

FckcU-  1  HudaiKSth).  Alcoholism  among  the  agricultural  classes, 
Wii^v  (Hudapestli).  Alcoholism  among  the  agricultural  classes. 
I'atlcz  ((-.hent).     The  social  plan  of  Ghent. 

Shction  V. — Detnoirraphy  of  Industrial  Classes. 
Si/iCf!  (BvvWn).     Criticjue  of  the  data  obtained  by  obligatory  laborers, 

i!isurancc',  and  their  utili/;ition. 
Juilliii   (Budajx-sth).     Criticjue   of    the    data    obtained    by  obligatory 

laborers  insurance,  and  their  utilization. 
Sihull(-r  (Mollis).      Hygienic  results  of  factory  inspection  in  vSwitzer- 

land. 
lickesy    lUidajx.'sth).  Hygienic  results  of  factory  inspection  in  Hungary. 

Si;cTiON  VI. — Dcmoi^^raphy  of  Cities. 
S<dlaiZt-k  \\\c\\\y.\\.     Increase  of   population    in    large    cities   in  the 

nineteenth  century  and  its  causes. 
lioikh  1  Berlin).     Role  of  changes  in  locality  in  tlie  increase  of  large 

citie^;. 
h'audihtri^  (Vienna).      ICconomic  and  social  significance  of  the  move- 

nKiil  toward  the  cities. 
7'hittifn;  (I>udaj)esth).     Natural   increase  and   immigration  at  Buda- 

jHSlll. 

Caiheux  i  Paris).  Influence  of  speciid  conditions  of  dwellings  in  cities 
on  health  and  morLality. 

Jitrtillon  irarisi.  Comparative  statistics  of  dwellings  in  some  large 
(  ilies  of  ICuroj)e. 

.\'e:i  shdltut'  (Ilrighton).  Rates  of  mortality  in  artisans  block  dwel- 
lings. 

\i\>tthinyt(>ti  (London).      Mortality  in  ukmIcI  tenements. 

I'olak  (U'.trs.iw  I.  Influences  of  hygienic  conditions  of  dwellings  on 
mortality  from  contagious  diseases. 

.Wmrr/v;  r.iKlapcsth).  Influences  of  city  dwellings  on  health  and 
niortalitw 

SilWtvlrit  '  M  .v^dcbiirg).  Infant  mortality  in  tlie  large  cities  of 
I'",Mro]>«  . 

SpMial  (  liar.u  t.  ristirs  of  natality  and  mortality  in  large  cities,  papers 
by  liuuhrr  >  I-rankfort-<)n-the-Main\  Fortuonatoff  (Mo.scow), 
furauhck  (Vienna),  Kurosi  '<\\\(\.  Thirriui^  (Budapesth)  -eiwd  Rubin 
(Coj>iiiliagcn  '. 

[454]  I 


Congress  of  Hygiene  and  Demography.      139 

Section  VU.— Demography  of  the  Defective  Classes. 

Peck  (Budapesth).     Effect  of  physical  and  mental  defects  on  capacity 

for  military  service. 
Donath  (Budapesth).     Degeneration  of  the  population  in  modern 

civilized  nations,  with  especial  reference  to  Hungary. 
Millanitch  (Cettinje).     Statistics  of  defective  classes  in  Montenegro. 
Warner  (I^ndon).     A  method  of  observing  and  reporting  on  mental 
.     and  physical  conditions  of  children. 
Skuttleivorth  (London).     Educational  care  of  children  feebly  gifted 

mentally. 
Cunningham  (Cambridge).     The  condition  of  the  teeth  of  school 

children. 
Kraft-Ebbing  (Vienna).     Increase  of  progressive  paralysis,  with  refer- 
ence to  sociological  conditions. 
Olah  (Budapesth).     Causes  of  paralytic  alienation. 
Uchermann  (Christiania).     Statistics  of  deaf  mutes  and  method  of 

such  statistics. 
^J-ft^  (Budapesth).     Deaf  mutes. 

Baumgarten  (Budapesth).     Causes  of  deaf  mutes  in  Hungary. 
Szenes  (Budapesth).     Examination  of  124  deaf  mutes. 
Reuss  (Vienna).     Statistics  of  Trachoma  in  Austria. 
Vossius  (Giessen).     Statistics  of  Trachoma. 
Conrad  (Hermannstadt).     Relation  of  intellectual  labor  to  abnormal 

cranial  formations. 
It  will  be  seen  from  the  foregoing  lists  that  the  official  statisticians 
were  predominant.  One  of  the  pleasantest  features  of  the  Congress 
was  the  opportunity  given  to  meet  the  statisticians  from  the  leading 
statistical  offices  of  the  world,  and  the  visiting  statisticians  will  grate- 
fully remember  the  kindness  of  their  Hungarian  colleagues,  Messrs. 
Korosi,  Jekelfalussy  and  Lang,  in  facilitating  this  intercourse.  Among 
the  participants  in  the  Congress,  besides  those  who  read  papers,  were 
Bodio,  Ferraris,  Loria,  Spitta  and  Del  Vecchio,  from  Italy ;  Crapen- 
ski,  from  Roumania ;  Westergaard,  from  Denmark ;  Alglave  and 
Turquan,  from  France ;  and  Walker,  Billings  and  Falkuer,  from  the 
United  SUtes. 


[455] 


NOTES  ON  MUNICIPAL  GOVERNMENT. 

Philadelphia. — The  Mayor's  message  and  annual  reports  for  1893,* 
which  have  just  appeared,  show  a  more  favorable  financial  condition 
of  the  city  than  during  any  previous  year.  The  large  surplus  on  hand 
December  31,  1893,  amounting  to  11,248,746,  is  due,  to  a  certain  extent, 
to  the  settlement  of  the  personal  property  tax  dispute  between  the 
city  and  State.  The  nominal  funded  debt  of  152,758,845  is  actually 
reduced  127,928,482,  when  we  take  into  consideration  the  sinking  fund 
of  124,830,363.  This  means  a  per  capita  indebtedness  of  I25.  When 
compared  with  Brooklyn  and  New  York,  not  to  speak  of  Bos- 
ton, this  burden  of  indebtedness  is  comparatively  light.  The  total 
city  debt  of  Brooklyn  on  December  31,  1893,  was  (deducting  sinking 
fund)  $47,338,499;  a  per  capita  indebtedness  of  I54.  That  of  New 
York  is  a  little  less  than  |ioo,ooo,ooo ;  a  per  capita  indebtedness  of 
I65. 

The  investigation  of  the  alleged  violation  of  reservoir  contracts, 
now  pending  before  the  Philadelphia  Courts,  in  which  it  is  claimed 
that  the  contractors  have  defrauded  the  city  to  the  extent  of  some 
three  hundred  thousand  dollars,  brings  up  one  of  the  most  important 
and  at  the  same  time  one  of  the  neglected  aspects  of  municipal  gov-- 
emment  in  the  United  States.  While  we  have  been  stripping  our 
City  Councils  of  all  executive  functions,  and  concentrating  these 
powers  in  the  person  of  the  Mayor,  little  or  nothing  has  been  done  to 
assure  an  adequate  administrative  control  over  public  expenditures. 
After  once  having  made  an  appropriation,  all  control  over  the  manner 
of  its  expenditure  passes  out  of  the  hands  of  Councils  as  long  as  the 
executive  department  keeps  within  the  scope  of  the  appropriation. 
In  most  cities  there  is  no  oflficial  in  the  finance  department  who  has 
the  power  to  exercise  a  direct  and  efficient  control  over  the  character 
of  the  work  done.  This  was  brought  out  with  great  clearness  at  the 
cross-examination  of  the  Philadelphia  City  Controller.  Mr.  Thompson 
stated  that,  having  received  the  certified  reports  of  the  Department 
of  Public  Works  that  the  work  had  been  satisfactorily  done,  he  signed 
the  warrants  for  the  same.  In  fact,  no  other  course  was  open  to  him, 
inasmuch  as  he  has  no  inspectors  under  his  immediate  direction  to  look 
into  the  work.  It  is  true,  that  if  any  complaints  are  made,  he  may 
•  Vol.  I  contains  the  Reports  of  the  various  financial  officers  of  the  city,  314  pages. 
Vol.  II— The  Reports  of  the  Department  of  Public  Safety,  975  pages.  Vol.  Ill— 
Reports  of  the  .Department  of  Public  Works,  800  pages.  Vol.  IV— Reports  of  the 
Department  of  Uiw,  ^ucational  Charities  and  Corrections,  385  pages. 

[456] 


Notes  on  Municipai,  Government.  141 

refuse  to  sign  the  warrant ;  but  as  such  complaints  are  referred  to  the 
Department  of  Public  Works,  it  is  evident  that  the  probability  of 
detecting  delinquent  contractors  is  greatly  reduced.  There  is  here  a 
radical  defect  in  the  organization  of  the  Finance  Department.  If  the 
City  Controller  is  to  have  an  eflfective  financial  control  over  expendi- 
ture of  public  funds,  it  is  absolutely  necessary  to  give  him  the  power 
of  independent  supervision  through  a  corps  of  trained  inspectors  mi- 
der  his  immediate  control.  The  need  of  such  power  is  shown  by 
the  helplessness  of  the  Philadelphia  Controller  in  the  present  case. 
If  any  further  proof  be  needed,  it  is  only  necessary  to  cite  an  instance 
which  was  brought  to  my  notice  a  short  time  ago.  The  Comptroller 
of  New  York  City  has  all  the  powers  above  referred  to.  He  has  under 
his  immediate  and  exclusive  direction  inspectors  of  highways,  of  food, 
of  supplies,  etc.  Every  piece  of  contract  work  performed  for  the  city, 
after  having  received  a  satisfactory  certificate  by  the  respective  depart- 
ment, is  subject  to  the  inspection  of  the  comptroller's  agent  A  few 
weeks  ago  the  work  under  a  paving  contract,  involving  ^80,000,  was 
found  to  be  defective  by  the  comptroller's  inspector.  This  was  after 
the  satisfactory  character  of  the  work  had  been  certified  by  the  inspec- 
tors of  the  Department  of  Highways  and  the  Water  Bureau.  The 
comptroller  immediately  stopped  all  payment,  and  appointed  a  commis- 
sion of  three  experts  to  examine  the  work.  Their  inspection  showed 
numerous  violations  of  specifications.  The  danger  of  fraud  is  thus 
reduced  to  a  minimum,  which  often  means  a  saving  of  thousands  of 
dollars  to  the  city  treasury.  The  experience  of  Philadelphia  shows 
conclusively  that  this  additional  power  must  be  given  to  its  Controller. 

New  York. — The  events  of  the  last  two  months  in  both  the  city  and 
State  have  been  full  of  interest  to  the  student  of  municipal  questions. 
The  Constitutional  Convention  which  is  about  to  complete  its  work 
will  have  introduced  several  important  changes  in  the  relations  between 
State  and  municipality.  The  exact  nature  and  import  of  these 
changes  will  be  discussed  in  a  subsequent  number. 

The  coming  mayoralty  election  promises  to  be  the  most  interesting 
in  the  history  of  the  city.  As  matters  stand  at  present  there  is  every 
indication  that  the  issue  between  Ring  Rule  and  Reform  will  be  clearly 
defined.  The  recent  action  of  the  Democratic  Convention  serves  to 
clear  the  atmosphere.  The  independence  of  the  electors  of  New  York 
City  will  be  put  to  a  severe  test.  One  of  the  most  encouraging  signs 
in  the  reform  movement  has  been  the  great  citizens*  mass  meeting 
held  at  Madison  Square  Garden,  the  outcome  of  which  was  the 
appointment  of  a  committee  of  seventy  hepresentative  citizens,  who 
undertake  the  difficult  problem  of  concentrating  divergent  political 
forces  on  a  purely  municipal  issue.   It  is  too  early  at  present  to  venture 

[457] 


142  AnnaIvS  of  the  American  Academy. 

and  predictions  as  to  the  success  of  this  movement.  The  example 
of  New  York  will  go  far  toward  encouraging  the  new  municipal  spirit 
in  other  cities.  In  its  address  to  the  people  of  New  York,  the  com- 
mittee says  :  "  Convincing  proofs  of  corruption  in  important  municipal 
departments  of  this  city  have  been  presented  ;  inefficiency,  ignorance 
and  extravagance  in  public  office  are  apparent,  and  business  principles 
in  the  conduct  of  aflfairs  of  this  municipality  are  set  aside  and 
neglected  for  private  gain  and  partisan  advantage.  The  present  gov- 
ernment of  this  city  is  a  standing  menace  to  the  continued  commer- 
cial supremacy  of  the  metropolis  and  strongly  concerns  the  welfare  of 
every  family  in  the  whole  country,  for  there  is  no  hamlet  in  the  land 
that  the  influence  of  New  York  City  does  not  reach  for  good  or 
evil." 

Chicago. — ^The  report  of  Mr.  G.  P.  Brown  on  *  *  Drainage,  Channel 
and  Waterway  "  *  is  a  valuable  contribution  to  the  perplexing  problem 
of  sanitary  drainage  in  our  great  cities.  It  is  described  as  a  "  history  of 
the  effort  to  secure  an  effective  and  harmless  method  for  the  disposal  of 
the  sewage  of  the  city  of  Chicago,  and  to  create  a  navigable  channel 
between  Lake  Michigan  and  the  Mississippi  River."  In  the  main  it 
deals  with  the  project  of  a  canal  between  Chicago  and  Joliet  which  is 
fast  becoming  a  reality.  The  work  on  the  main  drainage  canal  was 
commenced  in  September,  1892,  and  it  is  expected  to  be  completed  by 
1896.  The  vastness  of  the  undertaking  makes  it  of  more  than  ordi- 
nary interest  to  follow  the  plan  in  its  later  stages.  In  1889  the  Illinois 
Legislature  passed  what  is  known  as  the  "Sanitary  District  Act."  It 
provided  that  whenever  any  area  of  contiguous  territory  within  the 
limits  of  a  single  county  contains  two  or  more  incorporated  cities, 
towns  or  villages,  and  so  situated  that  the  maintenance  of  a  common 
outlet  for  drainage  would  be  conducive  to  the  preservation  of  the  public 
health,  such  territory  may  be  incorporated  as  a  sanitary  district.  Upon 
the  petition  of  five  thousand  legal  voters  of  the  proposed  district  to 
the  county  judge  the  question  of  incorporation  is  to  be  submitted  to 
the  voters.  A  majority  in  favor  of  such  incorporation  is  necessary  in 
order  that  such  sanitary  district  may  be  formed.  By  an  overwhelming 
majority  (70,958  for,  242  against)  the  question  of  incorporation  was 
decided  in  the  affirmative.  The  act  provided  that  the  executive 
authority  of  each  sanitary  district  should  consist  of  a  Board  of  Trustees 
composed  of  nine  members  elected  for  a  term  of  five  years  by  the 
electors  of  the  Sanitary  District.    This  board  was  given  very  wide 

♦  "  Drainage,  Channel  and  Waterway.  A  History  of  the  effort  to  secure  an 
effective  and  harmless  method  for  th?  disposal  of  the  Sewage  Of  the  City  of  Chicago, 
and  to  create  a  navigable  channel  between  I^ake  Michigan  and  the  Mississippi 
River,"  by  G.  B.  Brown.     Pp.  480,  Chicago,  R.  R.  Donnelly  &  Sons  Company.   1894- 

[458] 


Notes  on  Municipal  Government.  143 

powers  as  to  the  borrowing  of  money,  purchasing  real  estate  and 
levying  a  ' '  direct  annnal  tax  sufi5cient  to  pay  the  interest  on  such 
debt,  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  within 
twenty  years."  The  first  Board  of  Trustees  seems  to  have  made  but 
little  progress  in  the  work.  The  resignation  of  three  of  their  numbers 
brought  about  a  reorganization  in  1891,  from  which  time  the  work  has 
been  pushed  with  great  energy  and  success. 

The  plan,  as  it  exists  at  present,  is  to  build  a  canal— utilizing  portions 
of  the  old  sanitary  canal — from  Chicago  to  Joliet.  In  this  way  the 
sewage  of  Chicago  will  be  discharged  into  the  Illinois  and  Mississippi 
rivers.  The  channel  is  expected  to  become  a  great  waterway  between 
Lake  Michigan  and  the  Mississippi.  It  is  to  be  160  feet  wide  with  a 
water-depth  of  eighteen  feet  In  September,  1892,  work  on  the  first 
ten  miles  (from  Willow  Springs  to  Lockport)  was  commenced.  The 
cost  of  the  canal  when  completed  is  expected  to  be  125,000,000,  of 
which  nine  millions  are  to  comefrom  the  *' Sanitary  District  tax,"  of 
one  half  of  one  per  cent  on  the  assessable  property,  one  million  from 
special  assessments  and  the  balance  from  the  issue  of  bonds. 

The  most  interesting  feature  of  this  stupendous  undertaking  is  the 
effect  of  this  drainage  canal  upon  the  water  supply  of  Chicago.  With 
all  sewage  thus  kept  out  of  Lake  Michigan,  the  problem  of  a  bounti- 
ful supply  of  pure  water  to  the  rapidly  growing  city  is  solved.  For  an 
indefinite  number  of  years  Chicago  will  then  have  an  imlimited  sup- 
ply of  the  best  of  water. 

Berlin. — The  administrative  reports  for  1892-93  *  and  the  budget  for 
1893-94  contain  a  mass  of  valuable  information  concerning  the 
finances  and  institutions  of  the  city.  Of  a  total  income  of  nearly 
|2 1, 000, 000,  taxation  furnished  less  than  half  (not  quite  $10,000,000). 
Of  the  remaining  |i  1,000,000,  the  profits  from  the  city  gas  and  water- 
works and  fi-anchises  furnished  more  than  I5 ,000, 000,  loans  a  little 
over  $3,000,000.  The  remaining  I3, 000,000  were  derived  from  special 
assessments,  school  money  and  a  few  minor  items.  The  report  on 
the  city  debt  furnishes  an  instructive  picture  of  the  judicious  manage- 
ment which  pervades  the  whole  administration.  The  total  city  debt 
March  i,  1893,  was  nearly  $64,000,000.  Of  this  siun,  five  and  a  half 
millions  is  charged  to  the  account  of  the  city  gas  works  and  ten 
millions  to  the  water  works,  seventeen  millions  to  drainage,  two  and  a 
half  millions  to  the  city  slaughter  house  and  five  millions  to  the  city 
markets.  According  to  the  system  of  financiering  at  Berlin  the  inter- 
est and  amortization  charges  must  be  paid  by  each  of  the  city's  public 

•  **  Verwaltungsbericht  des  Magistrals  zu  Berlin,  1892-^."  Containing  39  separate 
teports  of  the  Deputations  or  Committees  in  charge  of  the  various  Department! 
a  the  government. 

[459] 


144  AnnaIvS  of  th^  American  Acadkmy. 

works  upon  the  debt  contracted  for  its  benefit.  It  is  only  after  this 
sum  has  been  deducted  that  the  question  of -profits  is  considered.  It 
is  evident,  therefore,  that  while  the  nominal  debt  of  the  city  may 
be  high,  four-fifths  of  the  entire  sum  represents  profit-bearing  enter- 
prises, which  not  only  pay  their  own  interest  and  amortization  charges, 
but  yield  a  handsome  profit  in  addition. 

The  special  reports  concerning  such  institutions  as  the  city  markets, 
parks,  bath  houses,  children's  playgrounds,  municipal  savings-banks 
and  pawn  shop,  not  to  speak  of  such  gigantic  undertakings  as  the 
system  of  sewage  farms,  all  give  evidence  of  the  remarkable  activity  of 
this,  the  newest  of  great  cities.  The  cry  for  the  incorporation  of  the 
immediate  suburbs  is  again  being  taken  up  and  although  the  city 
fathers  are  somewhat  reluctant  to  take  upon  themselves  the  added 
responsibility,  the  time  is  fast  approaching  when  they  will  be  com- 
pelled to  gracefully  accept  the  inevitable.  The  enthusiasts  of  muni- 
cipal aggrandizement  advocate  the  incorporation  of  all  the  territory 
within  a  ten-mile  radius  of  the  intersection  of  the  two  central  main 
streets— /^nWnVA  Sttasse  and  Unier  den  Linden.  This  will  give 
Berlin  a  population  of  about  three  million  within  an  area  less  than 
that  of  Philadelphia  or  London. 

Italian  Cities. — The  publication  of  the  communal  and  provincial 
budgets  of  the  Kingdom  of  Italy,  a  work  undertaken  by  the  Bureau  of 
Statistics  of  the  Ministry  of  Agriculture,  Industry  and  Commerce  in 
1863  and  continued  with  but  little  interruption,  forms  one  of  the  most 
valuable  sources  of  information  for  the  study  of  this  department  of 
Italian  public  finance.  The  Annual  for  189 1  has  just  appeared  giving 
in  classified  form,  complete  information  concerning  the  financial  con- 
dition of  the  Italian  Communes  and  Provinces.  The  total  expenditure 
for  purposes  of  purely  local  government  is  $128,975,093,  which  is  re- 
markably low  when  compared  with  the  State  expenditure  of  1374,426,- 
654  for  the  same  year.  The  same  is  true  of  local  indebtedness,  which 
amounts  to  about  1235,130,684  whereas  the  State  indebtedness  is 
nearly  ten  times  as  great  ($2, 248, 200, 000).  This  is  due  to  the  fact  that 
the  State  discharges  many  functions  which  in  the  United  States  are 
saddled  upon  local  divisions.  The  lack  of  space  makes  it  impossi- 
ble to  summarize  the  many  interesting  tables.  We  have  here  just  such 
a  publication  as  has  been  recommended  by  nearly  every  investigating 
committee  which  has  inquired  into  the  financial  condition  of  American 
cities. 

L.  S.  RowE. 


[460] 


JAN.  1895. 

ANNALS 

OF  THB 

AMERICAN  ACADEMY 

OF 

POLITICAL  AND  SOCIAL  SCIENCE. 


ECONOMICS  IN  ELEMENTARY  SCHOOLS.* 

Political  economists,  in  their  zeal  for  scientific  advance, 
have  concentrated  their  attention  upon  technical  discussions. 
They  have  dwelt  upon  disputed  topics 'and  have  rejoiced 
in  the  discovery  of  new  truth.  But  they  ha^^e  overlooked 
the  more  obvious  economic  laws  and  phenomena  which  are 
of  general  interest.  Economic  controversy  at  any  particular 
time  wages  around  certain  points  selected,  not  because  they 
are  really  the  points  of  public  interest,  but  for  reasons  con- 
nected with  the  internal  development  of  the  science.  The 
makers  of  text-books  innocently  suppose  that  this  contro- 
versial literature  is  suitable  material  for  their  purpose,  and 
the  result  is  that  the  body  of  economic  truth  over  which 
there  is  little  or  no  controversy  finds  no  adequate  expression. 
The  economic  literature,  in  consequence  of  the  absence  of 
these  leading  ideas,  is  defective,  and  creates  a  false  impres- 
sion of  the  relation  between  the  established  and  accepted 
facts  of  Political  Economy  and  its  disputed  propositions. 

As  long  as  the  text-books  reflect  the  tone  of  the  literature, 
there  is  small    chance  of  introducing   economics   into   the 

•  A  lecture  jriven  in  the  Summer  Meeting  of  the  American  Society  for  the  Estteo- 
lion  of  University  Teaching,  PhUadelphia,  July  18,  1894. 

[461] 


2  Annals  of  thi^  American  Academy. 

schools  unless  this  technical  literature  is  avoided  and  a  return 
made  to  those  first  principles  which  lie  back  of  all  discus- 
sions. These  principles  are  of  so  general  a  character  and  of 
so  simple  a  nature  that  they  enter  naturally  into  the  child's 
world  and  can  be  illustrated  by  many  striking  examples 
based  upon  the  experience  of  children.  While  the  actions 
of  the  adult  are  much  more  complex  than  those  of  a  child, 
the  motives  in  the  two  cases  are  not  as  different  as  might  be 
supposed.  It  is  possible,  therefore,  to  use  the  material  of  a 
child's  life  to  prepare  him  for  the  more  intricate  economic 
world  with  which  he  will  become  familiar  when  a  man. 

It  is  generally  conceded  that  the  basis  of  political  economy 
is  found  in  the  theory  of  utility.    It  is  the  aim  of  economics  to 
discover  how  to  increase  our  utility  and  how  to  reduce  our 
cost.    We  must  develop  this  theory  of  utility  in  all  its  phases 
If  we  really  wish  to  get  at  the  economic  forces  operating  in 
any  community.    But  the  economists  have  touched  upon  this 
theory  merely  at  one  point.     Those  familiar  with  political 
economy  know  what  I  mean  by  the  law  of  final  utility.    This  j 
law  is  all-important  in  questions  relating  to  the  theory  of  j 
value.     We  must  know  something  about  degrees  of  utility  ( 
before  we  can  determine  what  the  value  of  commodities  is, 
but  the  problem  of  value,  vital  as  it  is  to  us,  has  no  interest  ! 
for  children,  because  their  life  is  not  a  life  of  cost.     The  cost  j 
of  articles  consumed  by  children   is  borne  by  parents  or  ' 
friends,  and  if  they  have  acquired  an  interest  in  the  cost  of 
commodities,  it  is  due  to  their  environment,  or  false  notions  ' 
of  their  teachers.     I  do  not  mean  to  deny  that,  as  has  been  j 
asserted  by  so  man}'-  economists,  the  ideas  of  value  and  cost 
can  be  presented  to  the  children  in  public  schools,  but  I  do  ' 
say  that  other  doctrines  derived  firom  the  theory  of  utility  | 
are  of  much  more  importance  to  the  children  of  the  public 
schools,  and  to  adults  as  well.     We  should  be  much  better  t 
off  if  we  would  develop  first  these  fundamental  ideas  in  our 
social  life  as  well  as  in  the  life  of  our  children. 

The  theory  of  utility  is  not  so  formidable  as  it  seems  at 

[462] 


Economics  in  Elementary  Schools.  3 

first  sight.  It  is  merely  a  conscious  reckoning  of  our  pleas- 
ures and  pains.  Passions  and  strong  feelings  are  best  con- 
trolled by  analysis  of  our  pleasures  and  pains  into  their  parts 
so  that  we  can  determine  the  degree  of  each  feeling  and  give 
to  it  a  proper  weight  in  determining  our  actions.  If  we  do 
not  consciously  sum  up  our  pleasures  and  pains  and  compare 
them,  the  strong  unanalyzed  feelings  of  the  moment  carry  us 
along,  determining  our  conduct  to  the  detriment  of  our  per- 
manent welfare.  Experience  cannot  properly  guide  our 
actions  until  the  habit  is  acquired  of  separating  these  momen- 
tary impulses  into  their  parts  and  comparing  the  benefit  or 
injury  of  each  part  with  the  results  of  past  actions.  This 
conscious  analytical  attitude  gives  us  the  principles  of  action 
which  form  the  theory  of  utility. 

Initial  and  Final  Utility. 

It  is  important  for  children  to  understand  the  difference 
between  the  initial  and  tlie  final  utility  of  a  given  quantity 
of  goods.  The  first  portion  of  an  article  we  consume  g^ves 
us  more  pleasure  than  the  second;  the  second  more  than 
the  third;  and  the  third  more  than  the  fourth.  In  other 
words,  we  have  a  decreasing  utility  with  each  increase  in 
the  quantity  of  goods.  Any  one  having  four  cups  of  coffee 
will  recognize  that  the  intensity  of  the  pleasure  from  the 
first  cup  is  greater  than  that  from  the  last.  As  matured 
persons  we  look  on  the  problem  of  valuing  commodities  in 
this  way.  If  I  have  four  apples  and  lose  one,  I  lose,  not  the 
pleasure  I  get  from  the  first  apple,  but  the  pleasure  I  get 
from  the  fourth.  With  the  child,  however,  as  in  the  brute 
world,  the  estimate  is  different.  The  child's  estimate  of 
utility  is  based  on  his  initial  desire.  He  is  thinking  of  the 
first  pleasure  he  will  get,  and  does  not  realize  that  if  a  part 
of  what  is  before  him  is  taken  by  some  one  else  his  loss  is 
small. 

Let  me  illustrate  by  taking  the  case  of  a  lion  that  has  cap- 
tured a  deer.     If  another  animal  tries  to  take  a  portion  of 

[463] 


4      Annai^  of  ths  American  Academy. 

the  spoil  the  lion  resents  the  act  because  he  does  not  realize 
that  he  can  eat  only  a  portion  of  it.  He  only  recognizes  that 
he  has  an  intense  desire  for  meat.  He  is  not  thinking  of  por- 
tions of  food  but  of  food  as  a  unit.  Our  children  act  the  same 
way.  It  is  natural  for  them  to  think  of  commodity  and  not 
of  portions  of  commodity.  They  can  very  easily  be  taught 
the  difiference  between  the  two  ways  of  estimating  if  the  facts 
are  presented  in  the  right  way.  On  all  sides  we  can  see  the 
injury  to  the  child  due  to  his  failure  to  understand  this  differ- 
ence. If  he  understood  the  fact  that  his  interest  lay  in  the 
final  utility,  and  not  in  the  initial  utility,  his  conduct  would 
be  more  generous  and  he  would  be  willing  to  let  some  por- 
tions of  each  commodity  go  to  other  persons.  We  have  all 
seen  children  at  table  hungrily  watching  their  elders  served 
first,  while  they  suffer  as  much  as  if  they  would  receive 
nothing.  This  is  an  error  in  their  reasoning,  an  error  which 
can  be  corrected  very  soon  if  the  proper  facts  are  presented 
to  them.  They  do  not  realize  that  one  portion  of  a  com- 
modity is  no  more  valuable  to  them  than  another  portion 
and  that  a  part  can  be  given  away  without  much  loss. 

If  one  boy  has  apples  to-day  and  another  boy  will  have 
apples  to-morrow,  both  will  get  more  pleasure  from  the 
apples  if  one  gives  a  part  of  his  apples  to  the  other  than 
if  each  tried  to  eat  all  his  own  himself.  If  one  has  two 
apples  and  gets  five  units  of  pleasure  out  of  the  first  and  two 
units  out  of  the  second,  he  gets  seven  units  of  utility.  Sup- 
pose he  divides  his  apples  with  the  boy  who  has  none  to-day 
but  will  have  some  to-morrow.  The  boy  gives  away  the 
apple  which  would  only  give  him  two  units  of  pleasure. 
The  two  boys  would  then  have  ten  units  of  utility.  On  the 
morrow  the  process  is  reversed.  We  have  the  seven  units 
of  utility  again  transformed  to  ten  units  by  the  generous 
action  of  the  other  boy.  By  a  carefiil  education  we  can 
bring  these  important  facts  to  the  boy's  consciousness  at  a 
much  earlier  period  than  they  would  come  if  we  neglect 
them  and  let  him  find  them  out  for  himself. 

[464] 


Economics  in  Ei.embntary  Schools.  5 

In  a  Group  of  Pleasures  and  Pains,  the  Pai?is  Should 
Precede  the  Pleasures. 

Under  the  conditions  in  which  we  live  we  can  always  dis- 
count pains  by  paying  in  advance,  and  increase  pleasures 
by  taking  them  last.  If  any  decision  involves  pain,  take 
the  pain  first  and  the  pleasure  will  be  increased.  An  indi- 
vidual desiring  to  avoid  some  present  evil  wrecks  his  future 
by  trying  to  get  pleasures  to-day  instead  of  manfully  facing 
the  present  evil.  No  habit  is  more  pernicious  than  that 
of  catching  at  any  present  good  and  blindly  closing  the  eyes 
to  the  miseries  which  flow  from  such  conduct.  The  g^eat 
majority  of  criminal  acts  are  due  to  the  choosing  of  the 
wrong  alternative  in  such  emergencies.  Bad  conduct  is 
caused  by  trying  to  reverse  the  natural  order,  and  to  avoid 
present  pain  by  eating  your  apple  before  you  earn  it.  Per- 
sons who  try  to  reverse  this  order  run  behind  at  the  end 
of  the  year,  get  into  prison,  and  suffer  in  many  other  ways. 

The  benefits  of  saving,  so  vital  to  the  welfare  of  individuals 
and  of  society,  can  be  plainly  illustrated  if  we  can  get  the 
child  to  see  that  he  can  discount  his  pains  and  get  compound 
interest  on  his  pleasures.  Economic  welfare  depends  mainly 
upon  forestalling  pains  by  anticipating  them  and  upon  accu- 
mulating pleasures  by  delay.  If  a  person  waits  until  want 
stares  him  in  the  face,  his  utilities  will  be  few  and  their  cost 
high.  Costs  are  reduced  and  utilities  are  increased  by  every 
industrial  change  that  allows  work  to  be  done  a  longer  time 
before  the  want  to  be  satisfied  appears.  The  indirect  or 
serial  methods  of  production  lengthen  the  time  between 
production  and  consumption  permitting  a  better  adjustment 
of  man  to  nature. 

It  is  but  a  further  development  of  the  same  thought 
that  pains  should  be  isolated  and  pleasures  should  be  bound 
together  by  association.  The  imagination  plays  an  impor- 
tant part  in  determining  future  conduct.  It  creates  many 
binding  associations  about  every  future  event  through  which 
the  event  is  greatly  magnified  and  distorted.     A  small  pain 

[465] 


6  Annals  of  the  Ameirican  Academy.  ^ 

becomes  a  mountain  of  tribulation  and  misery  if  it  is  held  in 
prospect  long  enough  to  become  associated  with  every  other 
evil  imaginable  and  possible.  There  are  no  greater  sufferers 
than  those  who  have  allowed  their  possible  pains  to  run 
together  in  imagination  until  any  small  pain  in  the  future 
brings  up  and  binds  with  it  a  mass  of  other  imagined  evils. 
Each  prospective  pain  thus  becomes  a  centre  about  which  the 
imagination  accumulates  others  until  the  action  involving  it 
seems  to  create  a  great  disaster.  One  ought  never  to  let  the 
imagination  play  on  pains,  but  ought  always  to  isolate  them 
and  reduce  them  to  the  barest  reality. 

Teachers  and  parents  are  apt  to  violate  this  principle. 
They  seek  to  show  that  any  little  act  will  lead  to  dire  disas- 
ter and  thus  teach  the  child  to  imagine  new  combinations  of 
accumulated  evils  so  as  to  deter  him  from  the  act  to  be  avoided. 
It  seems  easy  to  keep  children  from  bad  acts  by  painting 
horrid  pictures  of  the  consequences  flowing  from  them.  A 
temporary  end  may  be  thus  attained  but  at  a  fearful  loss. 
The  habit  of  visualizing  pictures  of  horrid  evils  undermines 
the  character  of  the  child.  It  causes  him  to  avoid  or  delay 
every  act  involving  pain  and  unfits  him  for  the  economic 
world  in  which  pains  should  precede  pleasures. 

In  matters  of  health  the  same  unwise  policy  is  pursued. 
If  a  child's  appetite  fails  him,  it  is  awakened  into  activity  by 
richer  and  more  enticing  food,  when  the  failure  should  have 
been  accepted  as  an  indication  of  a  tired  stomach.  A  slight 
pain  bravely  faced  at  the  start  would  have  remedied  the  evil 
in  a  short  time,  but  when  it  is  delayed  and  when  certain  stimu- 
lating pleasures  are  pushed  forward  out  of  their  proper  order 
the  whole  system  is  deranged,  new  evils  are  added,  and  a 
long  period  of  sickness  follows,  from  which  all  pleasures  are  j 
shut  out.  The  delay  of  necessary  pain  is  as  dangerous  as 
the  delay  of  pleasures  is  wise. 

The  habit  of  facing  evils  without  delay  is  the  basis  of 
some  of  the  best  of  the  virtues.  Courage,  patience  and 
fortitude  are  the  outgrowth  of  this  habit.     When  a  brave  i 

[466] 


Economics  in  Ei^Ementary  Schooi^.  7 

man  sees  an  obstacle  in  the  way  of  his  future  happiness,  he 
does  not  temporize  with  it  and  let  its  evils  accumulate.  He 
faces  it  squarely  on  the  first  opportunity,  knowing  that 
whatever  the  outcome  may  be  the  pain  is  less  if  quickly  met. 
The  patient  man  does  not  let  a  present  irritation  lead  to 
conduct  that  will  create  new  evils  for  the  future.  Fortitude 
is  shown  by  those  who  see  that  present  evils  are  the  neces- 
sar>'  results  of  past  acts,  and  are  only  aggravated  by  morbid 
attention  or  delay. 

Pains  can  often  be  converted  into  pleasures  by  isolating 
them  and  putting  them  ahead  of  the  pleasures.  Pains  that 
are  the  indications  of  future  pleasures  become  pleasurable 
through  association.  Hunger,  when  not  associated  with 
other  pains,  brings  up  the  picture  of  the  pleasant  dinner 
soon  to  come.  The  pain  is  forgotten  in  the  anticipated 
pleasure  of  the  coming  meal  which  is  so  vividly  pictured  by 
the  imagination.  It  is  also  an  error  to  think  of  the  act  of 
saving  as  a  pain.  While  it  is  true  that  saving  means  a  delay 
of  some  pleasure,  and  this  by  itself  would  not  be  agreeable, 
yet  if  the  imagination  pictures  the  accumulated  benefits  of 
saving,  and  does  not  make  the  denials  involved  in  saving 
hideous  through  false  associations,  the  feeling  accompanying 
the  act  of  saving  will  be  pleasant  and  not  painful.  A  fortune 
may  be  accumulated  without  any  consciousness  of  the  denials 
it  involves  if  the  efforts  of  production  are  isolated  in  thought, 
and  reduced  to  a  bare  reality,  while  the  imagination  is  given 
free  play  in  picturing  the  accumulated  pleasures  which  the 
future  has  in  prospect. 

Much  of  the  discomfort  of  summer  is  due  to  a  violation 
of  this  principle  that  pains  should  be  isolated  and  put  before 
pleasures.  Energy  in  a  hot  climate  produces  excessive  per- 
spiration— something  which  most  people  desire  to  avoid.  A 
host  of  evils  is  associated  with  it,  and  the  imagination  piles 
them  up  until  a  simple  expedient  of  nature  to  preserv^e  health 
is  made  to  seem  a  dangerous  nuisance.  Colds,  fevers, 
rheumatism,    malaria,    and    numerous  other   diseases    are 

[467] 


3  Annals  of  the  American  Academy. 

associated  in  the  imagination  with  perspiration,  until  it  seems 
that  the  only  healthy  place  in  the  summer  is  on  some  bleak 
mountain  or  at  the  seashore  out  of  the  reach  of  the  summer's 
sun  and  its  effects. 

The  inactivity  and  the  insipid  pleasures  of  a  summer 
resort  are  not  the  best  rest  for  active  persons.  Something 
more  than  a  fan  or  a  breeze  on  a  hotel  porch  is  needed  to  fit 
the  system  for  a  winter's  work.  Yet  this  form  of  recreation, 
having  been  made  an  ideal,  shuts  out  the  more  active  sports 
that  involve  the  expenditure  of  energy  and  exposure  to  the 
sun.  Activity  in  summer  becomes  pleasurable  if  followed 
by  a  bath  and  by  clean  clothes.  Perspiration  should  be 
associated  with  bathing  and  fresh  clothes,  and  not  with  the 
discomforts  of  foul,  damp  clothes  or  with  the  diseases  of  care- 
lessness and  filthiness.  People  living  in  a  hot  climate  must 
be  free  bathers,  or  soon  lose  their  energy. 

It  is  often  overlooked  in  America  that  our  ancestors 
came  from  a  colder  climate,  where  perspiration  was  not 
a  normal  condition  in  summer,  and  where  heavy  clothing 
even  in  the  summer  time  was  a  necessity.  Such  a  people 
could  do  their  work  without  much  perspiration,  and  could 
cling  to  their  soiled  clothes  without  danger.  The  habits 
of  one  age  are  not  fit  to  become  the  ideals  of  the  next, 
and  yet  they  are  often  the  most  difiicult  parts  of  a  civil- 
ization to  change.  Americans  must  disassociate  perspira- 
tion from  disease  and  associate  it  w4th  their  pleasures  if 
they  will  preserve  that  energy  and  activity  in  summer 
which  the  best  utilization  of  our  resources  demand.  Children 
should  be  taught  this  necessary  fact  if  we  wish  them  to  be- 
come workers.  Much  of  the  inactivity  and  indolence  of 
young  men  and  young  women  is  due  to  false  ideals  on 
this  subject  acquired  when  children.  By  a  neglect  of 
this  principle  we  allow  our  children  to  grow  up  forming 
bad  characters  when  we  might  put  other  possibilities 
within  their  reach  and  develop  those  qualities  we  know 
they  should  have. 

[468] 


Economics  in  Elementary  Schooi^s.  9 

A  Life  of  Uiialloyed  Pleasure. 

The  next  problem  is  one  of  an  ideal.  Shall  our  ideal  be 
to  avoid  pains  and  get  as  much  pleasure  as  we  can  without 
pain,  or  shall  we  sum  up  our  pains  and  pleasures  and  take 
that  line  of  action  which  gives  us  the  greatest  surplus  of 
pleasure  ?  We  are  always  acting  on  the  one  plan  or  on  the 
other.  We  can  so  live,  or  at  least,  a  very  primitive  com- 
munity could  so  live,  as  to  get  many  commodities  without 
pain.  A  people  who  make  it  their  rule  of  life  to  avoid  pains 
and  to  take  only  those  commodities  that  give  pure  pleasure 
could,  perhaps,  find  a  few  places  at  the  present  time  where 
they  could  prosper.  On  the  contrary,  if  we  had  a  people 
that  made  it  their  fundamental  rule  of  life  to  compare  pains 
and  pleasures  and  to  take  the  surplus,  we  would  find  them 
distributing  themselves  in  a  different  way  on  the  face  of  the 
earth,  living  in  different  and  better  conditions. 

Herbert  Spencer  says  the  ideal  life  is  a  life  of  unalloyed 
pleasure,  a  life  of  no  pain.*  The  utilitarians  of  the  type  of 
John  S.  Mill  are  the  representatives  of  the  other  thought. 
They  think  we  should  consciously  reckon  with  pleasures  and 
pains,  and  we  should  determine  our  conduct  by  the  surplus 
of  one  above  the  other,  rather  than  by  those  actions  which 
will  give  us  pleasure  alone  and  will  not  lead  to  any  suffer- 
ing, loss,  or  discomfort. 

We  can  see  many  acts  in  which  the  main  element  is  pleas- 
ure, with  pain  a  very  subordinate  element,  or  no  element  at 
all.  Many  sports  and  a  number  of  our  ordinary'  pleasures 
have  no  element  of  pain  in  them.  The  ordinary  sports  of 
the  child,  on  the  contrary,  such  as  base-ball,  or  foot-ball, 
have  severe  pains  connected  with  them.  The  boy  must  go 
into  them  with  a  consciousness  that  it  means  lame  legs, 
broken  fingers,  scratched  faces  and  other  discomforts.  He 
must  take  the  pain  with  the  pleasure.  If  he  shrinks  from 
anything  that  has  pain  in  it,  he  will  avoid  these  games, 
watching  carefully  for  chances  where  he  can  get  pleasure 

•  "  DaU  of  Ethics,"  Sec.  loi. 

[469] 


lo  Annals  of  the  American  Academy. 

without  pain.  He  will  reduce  the  sum  of  his  pleasures  very- 
much  by  avoiding  the  pains  of  the  vigorous  sports.  The 
intense  pleasures  of  life  will  no  longer  be  his,  although  cer- 
tain moderate  pleasures  which  his  more  active  companions 
would  call  insipid,  may  still  be  enjoyed.  All  our  intense 
pleasures  are  accompanied  by  pains.  We  have  to  avoid  the 
intense  pleasures  of  life  if  we  want  to  escape  its  pains. 

A  good  illustration  of  this  fact  is  found  in  the  difference- 
between  boys'  and  girls'  pleasures.  The  ordinary  girl  and 
the  ordinary  boy  are  educated  on  different  plans.  We  all 
encourage  the  boy  to  enter  those  pleasures  that  are  intense 
and  take  the  pains  that  belong  with  them.  To  bear  pains 
manfully  is  thought  to  be  the  best  method  of  character 
making.  By  choosing  the  intense  pleasures  and  the  pains- 
that  necessarily  go  with  them,  he  may  once  in  a  while  have 
intense  suffering,  as  every  one  knows  who  has  taken  part  in 
any  of  the  ordinary  sports,  but  he  will  greatly  increase  the 
sum  and  intensity  of  his  pleasures.  Girls  are  taught  to  act 
in  a  different  way.  Our  main  thought  is  to  keep  them  out 
of  ever>' thing  that  has  pain  or  discomfort  connected  with  it. 
That  is  the  first  principle  of  girls'  education.  We  keep 
them  from  doing  this  or  that  act  because  they  may  soil  their 
clothes,  dirty  their  hands,  scratch  their  faces,  or  do  something 
worse.  They  must  always  be  in  a  static  state,  at  a  point  of 
equilibrium.  In  this  way  we  may  make  them  a  greater  source 
of  pleasure  to  ourselves,  but  we  prevent  their  moral  develop- 
ment and  cut  down  their  pleasures.  A  girl  grows  up  imder 
these  conditions  and  her  life  is  an  insipid  life.  It  has  not 
the  elements  in  it  from  which  she  can  obtain  the  pleasures 
and  the  development  that  a  boy  finds  in  his  environment. 
Boys  all  recognize  this  fact  when  it  applies  to  one  of  them. 
When  one  has  an  over-kind  mamma  who  allows  his  hair  to 
g^ow  long  and  keeps  him  dressed  in  fine  clothes,  they  know 
that  he  is  a  worthless  boy.  If  you  do  to  a  boy  the  same  thing 
you  do  to  a  girl  you  have  the  same  result.  Such  a  process  pre- 
vents the  building  of  character.     Many  things  that  are  said 

[470] 


Economics  in  Elementary  Schools.  ir 

to  be  the  outcome  of  sex  are  merely  the  outcome  of  educa- 
tion. Character  building  comes  at  the  time  when  we  must 
fece  our  pains  manfully;  when  we  make  choices  that  in- 
volve pains  along  with  the  pleasures  and  abide  cheerfully 
by  the  results.  The  process  of  character  building  begins 
at  a  later  period  with  women  than  it  does  with  men.  If, 
however,  we  compare  men  and  women  later  in  life,  the 
average  woman  has  a  better  character  than  the  average 
man.  When  a  woman  is  married  and  takes  upon  herself 
the  duties  of  married  life,  she  faces  the  evils  of  the  situation 
and  creates  her  character.  The  position  of  the  mother 
demands  greater  sacrifices  than  that  of  the  father  and  a 
greater  willingness  to  subordinate  herself  to  the  interests 
of  her  family.  Her  character  is  ennobled  by  these  choices 
and  she  gradually  acquires  those  qualities  which  have  made 
the  word  "  mother  "  so  full  of  meaning. 

The  Basis  of  Credit. 

The  next  principle  relates  to  credit,  trust,  honor  and 
fidelity:  that  group  of  virtues  that  creates  confidence  and 
gives  to  each  member  of  society  a  feeling  of  certainty  that 
others  will  do  as  they  agree.  The  basis  of  these  qualities 
lies  in  the  economic  world.  Isolated  individuals  who  do  not 
live  in  an  economic  society  have  not  these  qualities  and  are 
unfaithful  to  their  trusts.  The  development  of  these  quali- 
ties is  due  to  the  fact  that  but  a  small  part  of  the  utilities 
we  enjoy  comes  from  our  own  locality.  If  the  people  of 
any  region  should  be  shut  off  from  the  world  at  large  there 
would  be  a  great  reduction  of  their  utilities;  starvation 
might  even  result.  If  we  think  for  a  moment  of  what  could 
be  produced  if  we  were  confined  to  our  own  neighborhood, 
we  will  recogTiize  how  meagre  are  our  local  resources.  Our 
high  civilization  is  caused  by  getting  commodities  elsewhere, 
and  sending  our  commodities  away  in  exchange.  No  matter 
how  rigid  we  may  make  our  laws  they  are  of  no  account  if 
a  mutual  feeling  of  trust  and  confidence  does  not  lie  back 

[471] 


12  Annai^  of  the  American  Academy. 

of  them.  Law  can  be  enforced  only  by  the  will  of  the 
majority,  and  if  the  feelings  of  the  majority  are  not  strongly 
on  the  side  of  law,  the  exchange  of  commodities  is  obstructed 
and  each  community  must  restrict  its  consumption  to  what 
it  produces.  To  make  exchange  eflfective  a  willingness  to 
trust  commodities  in  the  hands  of  other  persons  must  be 
supplemented  by  a  feeling  of  honor  in  these  persons  prompt- 
ing them  to  be  faithful  to  this  trust.  These  qualities  are 
social  and  must  be  developed  together.  The  standard  is 
made  by  the  action  of  the  community  or  by  particular  classes 
of  persons  in  the  community.  We  all  enjoy  the  benefits  of 
this  standard  and  should  see  that  our  own  acts  tend  to  raise 
and  not  to  lower  it.  Breaches  of  trust  reduce  the  confidence 
of  man  in  men  and  tend  to  isolate  communities  and  nations. 
Whoever  defrauds  another  in  this  way  injures  not  only  an 
individual  but  the  whole  community;  he  steals  a  public 
good  as  well  as  a  private  good  and  deserves  a  greater  punish- 
ment for  the  former  than  for  the  latter. 

It  is  easy  to  show  the  child  that  a  large  part  of  the 
utilities  he  is  accustomed  to  enjoy  could  not  be  had  at  all,  but 
for  these  social  qualities.  Sugar  depends  on  the  honor  and 
the  credit  of  the  community,  because  it  could  not  be 
obtained  fi-om  distant  countries  nor  be  refined  unless  indi- 
viduals and  nations  had  these  qualities.  Destroy  them  and 
we  destroy  the  industrial  relations  by  which  we  are  sur- 
rounded. We  make  a  mistake  in  considering  honor  an 
absolute  quality,  as  something  resulting  from  morals,  and 
having  nothing  to  do  with  economics.  As  we  develop  in 
civilization  we  isolate  our  moral  feelings  from  economic 
feelings.  In  the  case  of  a  child,  however,  living  in  an 
economic  world,  the  best  way  to  arouse  moral  feelings  is  to 
present  to  him  the  economic  basis  upon  which  our  moral 
principles  rest. 

Children  can  be  made  to  see  the  simple  economic  relations 
lying  back  of  our  moral  ideas  by  examples  taken  from  their 
own  world.     In  boys'  games  honor  is  as  important  as  in  the 

C472] 


Economics  in  Elementary  Schools.  i^ 

business  world.  If  a  few  boys  are  dishonest  and  cheat  ov 
lie,  the  pleasure  of  the  whole  group  is  marred  or  destroyed. 
There  must  be  a  mutual  confidence  among  them  all  or  the 
whole  group  will  suffer  from  the  feeling  of  distrust  which  is 
sure  to  arise.  Boys  despise  base  action  more  keenly  than 
men  and  they  can  be  made  to  see  the  g^eat  economic  gains 
due  to  credit,  confidence  and  honor  by  the  influence  of  these 
qualities  upon  their  own  pleasures. 

T/ie  Sacredness  of  Unprotected  Property. 

There  is  another  thought  closely  related  to  the  last  which 
should  also  be  presented  to  children  in  school.  This  is  the 
sacredness  of  unprotected  property.  The  primitive  concept 
was  that  might  made  right — that  possession  was  nine  points 
of  the  law.  If  the  owner  is  not  around,  the  thing  you  find 
is  yours.  The  modem  thought  is  that  nothing  is  yours 
because  you  find  it  somewhere  unprotected.  The  individual 
to  whom  it  belongs  has  a  right  to  his  property  when  he 
comes  back,  and  that  man  is  of  a  low  type  who  even  thinks 
of  taking  it.  If  this  principle  is  violated,  if  we  set  up  the 
doctrine  that  a  man  may  seize  all  he  can  get,  and  may  keep 
what  he  has  found,  it  will  destroy  the  mass  of  property 
and  greatly  increase  the  cost  of  producing  goods.  As  the 
instinct  of  the  sacredness  of  property  grows  in  the  people 
we  become  able  to  dispense  with  our  police,  and  to  act 
in  the  simplest  manner  in  all  economic  affairs.  Simple 
economics  did  not  lie  in  the  past,  because  then  the  industrial 
man  was  surrounded  on  all  sides  by  foes  acting  on  other 
principles.  A  simple  economic  world  is  not  a  world  wherein 
every  person  must  carry  around  what  he  possesses,  but  a 
world  where  he  can  leave  what  he  has,  come  back  to  it  and 
feel  sure  that  it  will  be  where  he  has  left  it  undisturbed. 

If  this  principle  is  lacking  in  the  child's  world,  he  must 
carry  his  books  and  playthings  with  him  wherever  he  goes. 
He  could  not  leave  his  toys  anywhere.  He  could  not  have 
any  more  toys  than  he  could  carry  around  with  him.    To  the 

[473] 


14  Annai<s  of  the  American  Academy. 

extent  to  which  the  teacher  gets  this  feeling  of  the  sacred- 
ness  of  property  instilled  into  children,  can  they  leave  their 
playthings  around  without  danger.  They  can  leave  their 
dinner  in  the  outside  room  instead  of  taking  it  into  the  school- 
room with  them,  keeping  it  in  sight  until  they  are  ready  to 
eat.  It  is  easy  to  make  them  see  how  much  more  rapidly  the 
quality  of  the  food  deteriorates  in  the  hot  school-room  than 
if  put  in  some  cool  place.  But  common  action  cannot  be 
brought  about  until  teachers  instill  into  the  children  an  idea 
of  the  sacredness  of  unprotected  property.  When  they  have 
done  that  they  will  free  the  school-room  from  one  of  its 
worst  evils  and  inculcate  useful  principles  for  future  life. 

This  principle  is  of  no  less  importance  in  the  home  than  it 
is  in  public  affairs.  The  private  room  and  papers  of  any 
member  of  a  family  are  also  sacred.  An  open  door  or  an 
unshaded  window  does  not  justify  inspection.  Nor  should 
any  one,  from  curiosity  or  other  motives,  go  uninvited  into 
the  room  of  another  person,  examine  its  contents  or  disturb 
any  of  its  articles.  Letters  or  papers  should  not  be  read, 
€ven  though  unsealed  and^in  plain  view.  Beautiful  articles 
should  not  be  handled  or  examined,  nor  should  desks, 
drawers  or  trunks  be  ransacked,  even  though  they  are  not 
locked  or  closed.  Intimate  friends  should  respect  the  right 
of  privacy  as  fully  as  other  persons.  There  are  boimds 
which  no  one  should  cross.  Such  conduct  is  not  merely  a 
violation  of  a  code  of  honor,  it  is  also  contrary  to  economic 
welfare  by  causing  a  great  destruction  of  utilities.  Suppose 
no  one  respected  this  right  of  privacy.  Then  air  and  light 
must  be  excluded  from  private  rooms  to  shut  out  the  gaze  of 
the  intruder.  Locks,  keys  and  bolts  must  protect  every 
room  and  article.  Beautiful  articles  must  be  put  in  places 
where  they  are  injured  by  confinement,  or  the  pleasure  of 
their  possession  greatly  reduced  by  unnecessary  concealment. 
There  would  be  a  great  waste  of  time  in  hiding  or  locking 
up  articles  whenever  the  owner  is  called  away.  In  short 
our  pleasant,  open,  hospitable  homes  would  be  so  changed 

[474] 


Economics  in  Elementary  Schools.  15 

that  they  would  resemble  a  jail.  It  is  a  characteristic  of 
prisons  that  keys  rattle  and  bolts  fly  back  at  every  movement 
of  its  inmates.  We  cannot  avoid  this  atmosphere  unless  we 
respect  the  rights  of  others  and  guard  the  privacy  of  their 
apartments. 

It  is  a  corollar>'  from  this  principle  that  property  in  transit 
is  sacred.  Commerce  lies  at  the  basis  of  our  whole  industrial 
system.  To  destroy  it  would  force  each  locality  to  depend 
on  its  own  resources  and  prevent  people  from  enjoying  com- 
modities that  cannot  be  produced  at  home.  The  safe  trans- 
portation of  goods  from  region  to  region,  is  the  g^eat  economic 
force  binding  locality  to  locality  and  nation  to  nation.  One 
of  the  first  evidences  of  civilization  is  the  enactment  of  laws 
and  treaties  for  the  purpose  of  encouraging  commerce. 
Pirates,  highway  robbers,  and  similar  evils  must  be  sup- 
pressed, national  prejudices  must  be  removed  and  even  in 
war  the  right  of  non -belligerents  must  be  respected. 

At  the  present  time  this  principle  is  well  recognized  in 
international  relations,  but  in  domestic  affairs  it  is  often  \no- 
lated,  especially  in  strikes  and  other  industrial  contests. 
The  stoppage  of  goods  and  persons  in  transit  produces  such 
great  disorder  and  so  much  loss  that  particular  classes 
feel  that  by  such  measures  they  have  the  best  means  to 
secure  their  industrial  rights.  Such  means,  however,  are 
never  justified.  If  it  were  once  recognized  that  for  their 
own  ends,  particular  classes  or  localities  could  interrupt  the 
passage  of  goods,  it  would  place  the  whole  nation  at  the 
mercy  of  any  class  or  locality  which  felt  that  it  had  a  griev- 
ance. In  a  contest  of  classes  the  combatants  must  not  be 
allowed  to  punish  the  public  to  secure  redress  from  their 
opponents.  There  should  be  some  other  tribunal  than  public 
distress  to  settle  such  diflficulties. 

The  Harmony  of  Consumption. 

We  often  overlook  the  great  advantage  coming  from  con- 
suming articles  in  groups  rather  than  singly.    The  harmony 

[475] 


1 6  Annals  of  the  American  Academy. 

of  consumption  adds  much  to  the  utility  of  what  we  con- 
sume. The  primitive  man,  for  example,  will  take  one 
thing,  as  potatoes,  or  beef,  and  make  a  meal  of  it.  This 
characteristic  disappears  in  advanced  society.  We  get  our 
pleasure  by  a  combination  of  things.  The  right  group- 
ing of  the  things  we  have  to  consume,  whether  they  be 
matters  of  diet,  of  clothing,  of  ornamentation  of  our  home, 
public  streets  or  parks,  depends  on  the  principle  of  related 
pleasures  by  which  we  get  the  highest  degree  of  utility  out 
of  the  group.  The  principle  can  easily  be  taught  to  children. 
In  fact  we  recognize  it  in  a  certain  way  at  the  present  time 
by  teaching  children  the  colors,  their  value  and  relation. 
But  this  is  done  in  an  isolated  way  and  therefore  the  general 
principle  is  not  taught  to  the  best  advantage.  It  is  only  as 
the  child  recognizes  the  general  principle  that  he  can  be 
relied  on  to  act  upon  it  habitually. 

Our  civilization  is  superior  to  that  of  primitive  times  mainly 
because  of  our  related  pleasures.  Analyze  for  example  the 
concept — home.  It  does  not  consist  merely  in  a  place  to  eat 
and  sleep.  A  great  mass  of  related  pleasures  forms  in  our 
minds  a  unit  of  which  we  think  when  we  speak  of  home. 
Primitive  people  have  no  such  feelings  and  no  such  ideal. 
We  can,  also,  aided  by  this  principle,  teach  a  child  very 
easily  that  the  destruction  of  a  particular  element  in  a 
group — a  thing  he  wants  to  get  out  of  the  way — is  some- 
thing that  destroys  many  other  things  in  which  he  has  an 
interest. 

This  principle  is  important  in  keeping  children  from  giving 
their  attention  to  some  one  article  and  disregarding  other 
articles  and  relations.  It  shows  itself  in  all  our  social  phe- 
nomena. Take,  for  example,  the  temperance  problem. 
The  vital  principle  at  stake  is  the  problem  of  the  related 
pleasures.  Articles,  that  were  in  harmony  with  one  another 
under  other  conditions,  have  so  changed  their  relations  that 
they  are  out  of  harmony  with  one  another  and  with  the  group 
pleasures  of  the  whole  community. 

[476] 


Economics  in  Elementary  Schooi3.  17 

Under  our  modern  conditions  we  have  a  great  variety  of 
'lings  to   eat.      Food,  when  well  prepared,  has  become  a 
iirce  of  much  more  pleasure  to  the  community  than  drink. 
;ie  or  the  other  element  must  be  made  the  centre  of  our 
.;ct  with  the  other  secondary.     We  develop  one  tendency  at 
the  expense  of  the  other.     We  live  to  drink  and  eat  to  live, 
or  the  opposite.     A  large  portion  of  our  population  thinks 
'  f  its  food  first  and  then  of  its  drink;  another  portion  thinks 
^  food  is  the  subordinate  and  drink  the  principle  source  of 
pleasure.     Whatever  increases  the  utility  obtained  from  food, 
ives  an  advantage  to  that  part  of  society  to  which  temper- 
ice  people  belong.     These  things  can  be  well  illustrated  to 
children  in  a  great  variety  of  ways.     How  and  why  certain 
things  are  related  to  each  other  are  facts  of  immense  impor- 
tance and  must  be  kept  in  mind  in  the  home  and  especially  in 
the  kitchen.     We  must  get  our  children  to  look  at  these 
problems  consciously  or  we  will  fail  in  properly  equipping 
them  for  the  worst  evils  they  must  face  in  life. 

In  a  public  school  where  I  was  teaching,  there  was  on  the 

vail  a  series  of  charts  representing  a  dissected  human  being. 

The  purpose  of  the  charts  was  to  show  the  diseased  parts  of 

the  body  due  to  the  use  of  alcohol.     I  cannot  help  thinking 

that  it  was  not  the  best  way  of  teaching  temperance,  and  that 

J  should  not  put  such  pictures  before  children.     It  is  not 

the  problem  of  reforming  drunkards  we  should  have  in  mind 

when  we  teach  temperance  to  children.    It  is  the  bettering  of 

the  whole  community.     It  is  the  laj'ing  before  them  the  fact 

that  certain  forms  of  comsumption  are  better  than  others. 

^\lien  we  get  this  ideal  in  a  form  children  can  understand, 

'  may  be  sure  they  will  choose  the  group  pleasures  rather 

than  the  individual  pleasures,  and  pleasurable  foods  rather 

than  stimulating  drinks. 

The  temperance  problem  is  pushed  to  the  front  as  a  moral 
problem,  and  the  consequence  is  that  the  drunkard  is  promi- 
nent in  our  minds,  not  the  bettering  of  the  condition  of  the 
law-abiding  citizen.     I   have  not   much  confidence  in  the 

[477] 


i8     Annals  of  the  American  Academy. 

reforming  process  by  itself,  whether  the  object  of  it  be  a 
drunkard  or  the  victim  of  other  bad  habits.  It  is  difficult  to 
change  any  line  of  action  so  radically  wrong.  But  we  can, 
by  keeping  the  welfare  of  the  community  in  mind,  induce 
our  children  to  make  those  choices  necessary  for  them  to  be- 
come useful  members  of  a  great  and  progressive  society. 

The  Ejection  of  Discordant  Elements. 

In  this  connection  the  habit  of  ejecting  discordant  pleasures 
demands  attention.*  When  new  commodities  are  introduced 
into  the  consumption  of  individuals  there  is  a  strong  tendency 
for  higher  and  more  complex  groups  to  arise  out  of  the  blend- 
ing of  the  smaller  groups  formerly  enjoyed.  Yet  this  pro- 
cess is  not  one  of  simple  combination  and  addition,  for  some 
elements  harmonious  in  a  smaller  group  are  inharmonious  in 
the  larger  group.  We  get  more  pleasure  out  of  one  group 
of  five  articles  than  out  of  two  groups  of  three  articles;  the 
sixth  article  is  out  of  harmony  with  the  new  group  and 
reduces  the  total  pleasure  of  consumption  if  its  use  is  con- 
tinued. If  this  sixth  article  gave  but  little  pleasure  by  itself, 
there  would  not  be  much  difficulty  in  ejecting  it.  It  often 
happens,  however,  that  the  strong  individual  pleasures  are 
the  discordant  elements  in  the  group  pleasures.  Group 
pleasures  usually  grow  up  around  some  strong  isolated 
pleasure.  When  an  individual  has  some  intense  pleasure, 
experience  soon  shows  what  subsidiary  pleasures  harmonize 
with  it.  A  group  is  formed  and  the  habit  of  consuming  these 
articles  together  becomes  fixed.  When  two  groups  blend 
into  one,  it  is  often  the  strong  central  pleasure  of  one  of  the 
groups  that  is  now  discordant  with  the  new  group.  It  re- 
quires, therefore,  a  great  effiDrt  and  a  steady  determination 
to  eject  this  intense  pleasure  and  to  make  the  new  group 
harmonious. 

The  changes  in  our  diet  afford  the  best  illustration  of  this 
fact.     In  many  regions  the  cheapest  and  most  satisfactory 

•  See  ♦•  The  Economic  Causes  of  Moral  Progress."    Annals,  September,  1892. 

[478] 


Economics  in  Elementary  Schools.  19 

diet  until  recently  has  been  a  combination  in  which  liquor 
was  the  leading  element  supplemented  by  heavy  foods  hav- 
ing preferably  a  sour  or  bitter  taste.  In  other  regions,  and 
of  late  almost  everywhere,  a  sugar  diet  has  become  the 
cheaper  and  more  pleasurable  diet.  By  a  sugar  diet  I  mean 
a  combination  of  foods  and  drinks  which  unite  to  augment 
the  pleasure  derived  from  sweet  flavors.  In  such  a  diet  the 
sour,  bitter  foods  are  inharmonious  and  are  gradually 
dropped  out.  A  liquor  diet  and  a  sugar  diet,  therefore, 
stand  opposed  to  one  another  and  will  not  blend.  Any 
attempted  combination  of  the  two  not  only  reduces  the 
pleasure  of  an  individual,  but  also  soon  destroys  his  health. 
It  is  better  to  eject  either  element  than  to  try  to  combine 
them.  Ice  cream  and  beer,  for  example,  will  not  mix;  one 
or  the  other  must  give  way. 

In  countries  where  the  diet  harmonizes  with  liquor  there 
is  little  drunkenness  and  its  other  evils  are  reduced  to  a 
minimum.  In  these  countries  sugar  is  but  little  used  and 
sweet  food  is  discountenanced  as  effeminate.  Under  Ameri- 
can conditions,  however,  the  sugar  diet  has  gained  a  domi- 
nant place.  It  is  the  cheapest  and  most  pleasant  kind  of 
food.  Sour  and  bitter  foods  are,  as  a  result,  little  used,  if  at 
all.  Fruits  and  drinks  (coffee,  tea,  soda  water,  etc.),  must 
be  highly  sweetened  to  meet  popular  favor.  Through  these 
changes  liquor  has  become  a  discordant  element  in  the  diet 
of  the  American  people.  Purely  economic  forces  are  driving 
it  from  the  home,  the  restaurant,  the  hotel  and  other  food- 
eating  places  and  are  forcing  it  into  isolated  localities  where 
it  is  consumed  as  a  stimulant  and  not  as  a  supplement  to 
other  parts  of  the  diet.* 

Among  the  different  kinds  of  food  also  there  are  many 
discordant  elements.  In  choosing  a  dinner  from  a  variety  of 
foods,  some  central  thought  should  dominate.  Articles  not  in 
harmony  must  be  rejected,  not  because  they  are  bad  in  them- 
selves, but  because  they  will  not  produce  the  cimiulative  effects 

•  See  '•  Economic  Basis  of  Prohibition."    Annala,  July,  z8gi. 

[479] 


20  Annals  of  the  American  Academy. 

desired  from  the  whole  meal.  On  another  day  some  of  these 
rejected  elements  may  be  formed  into  a  new  group  with  favor- 
able results.  A  varied  diet  means  not  a  heterogeneous  choice 
from  a  large  number  of  articles,  as  on  a  bill  of  fare  at  a  hotel. 
It  means  a  series  of  groups  formed  on  a  natural  plan,  each 
group  being  the  basis  of  some  meal.  By  a  proper  choice  from 
the  groups  at  successive  meals  and  seasons,  all  the  articles 
are  utilized  and  health  and  pleasure  will  be  secured. 

We  recognize  the  principle  of  ejecting  discordant  elements 
in  other  matters  more  fully  than  in  our  diet.  We  do  not 
choose  the  best  individual  articles  from  our  clothing  to  make 
up  our  apparel  on  a  given  occasion  without  regard  to  the 
harmony  of  color  and  form.  Nor  do  we  burden  ourselves 
with  all  the  fine  clothing  we  can  carrj^  as  we  load  up  our  tables 
with  all  the  fine  food  we  can  buy.  Taste  in  dress  depends 
not  on  its  amount  or  richness,  but  on  the  care  taken  to  eject 
all  elements  out  of  harmony  with  its  prominent  features. 
Those  rooms  are  not  the  most  pleasant  that  are  filled  with 
costly  furniture  even  if  each  piece  is  complete  and  beautiful  by 
itself.  The  general  effect  may  be  spoiled  by  a  single  article 
out  of  harmony  with  its  neighbors.  The  article  may  be 
the  most  beautifiil  of  all,  yet  it  should  be  ejected  as  a  discord- 
ant element  or  all  the  other  articles  should  give  place  to  those 
that  are  in  harmony  with  it.  A  street  may  be  ugly,  although 
each  building  is  complete  in  itself.  A  number  of  houses 
which  with  a  natural  background  are  beautiful,  might  yet 
when  placed  in  a  row  become  an  ugly  mass.  Our  streets  lose 
their  beauty  because  each  owner  thinks  of  his  building  as  an 
isolated  whole  and  is  indifferent  to  the  effect  its  peculiarities 
may  have  on  the  looks  of  the  street.  A  fine  opera  cannot 
be  made  up  of  a  series  of  ditties  though  each  is  pleasant  by 
itself  In  music  more  than  elsewhere  discordant  elements 
are  painful  and  great  care  is  taken  to  make  the  parts  con- 
tribute to  the  effect  of  the  whole. 

The  principle  of  harmony  in  consumption  and  the  need  of 
ejecting  discordant  elements  that  prevent  the  blending  of 

[480] 


Economics  in  Elementary  Schools.  21 

isolated  utilities  into  higher  groups  can  easily  be  taught  to 
children.  They  can  be  aided  in  forming  habits  in  these 
matters  which  will  be  of  great  service  to  them  in  the  future. 
Right  conduct  becomes  easy  only  by  becoming  habitual.  So 
long  as  our  conduct  is  determined  by  reasoning  alone  our 
errors  and  failures  will  be  numerous.  The  process  of  reason- 
ing compels  us  to  hesitate  and  to  face  consciously  the  evils 
we  would  avoid.  Correct  habits,  however,  shut  out  the  evil 
alternative,  fix  the  attention  firmly  on  the  right  action  and 
thus  enable  us  to  ride  smoothly  over  the  rough  places  in  life. 

Group  Pleasures  Should  be  Given  the  Preference  Above  Indi- 
vidual Pleasures. 

The  principle  of  utility  in  another  form  demands  that 
group  pleasures  should  always  be  preferred  to  individual 
pleasures.  If  the  pleasures  of  a  group  of  persons  stand 
higher  and  give  us  better  results  than  isolated,  individual 
pleasures,  any  act  that  sets  individual  pleasures  above  the 
pleasures  of  the  group  is  bad  conduct.  The  facts  of  our 
economic  environment  teach  this  very  plainly.  The  in- 
dividual acting  by  himself  is  helpless  in  the  economic  world. 
It  is  only  by  the  recognition  of  groups  in  consumption  and 
the  added  pleasures  coming  from  group  action  over  indi- 
vidual action  that  we  get  on  in  life  at  all. 

This  fact  is  as  apparent  to  a  boy  as  to  mature  persons. 
The  boy  knows  that  there  is  more  sport  in  playing  base-ball 
under  recognized  rules  than  there  is  in  throwing  a  ball  in 
the  air  by  himself.  Boys  can,  by  forming  groups  of  three  or 
four,  increase  very  much  the  pleasure  of  playing  ball,  and  by 
forming  groups  of  nine  they  can  get  much  more  pleasure 
than  in  groups  of  four.  A  boy  can  readily  see  that  if  the 
group  of  players  is  occupying  the  ball  field  and  having  a 
game,  an  individual  has  no  right  to  interrupt  it  for  his  own 
ends.  It  is  a  vital  principle — and  our  boys  recognize  the 
fact  unconsciously — that  an  individual  has  not  the  right  to 
break  up  the  pleasures  of  a  group  and  thus  reduce  them  to  a 

[481] 


22  Annals  of  thk  American  Academy. 

lower  level  for  purposes  of  his  own.  The  boy  who  is  always 
ready  to  draw  out  of  a  game  when  his  individual  inclinations 
are  not  considered  before  those  of  the  group,  belongs  to  a 
class  that  boys  dislike.  They  despise  the  boy  who  thinks  of 
himself  rather  than  of  the  group  of  which  he  is  a  part. 

On  the  playground  we  have  only  a  small  group;  as  we  go 
on  to  public  life  we  have  larger  groups,  where  we  see  more 
impressively  that  best  action  alwaj^s  follows  work  on  the 
group  system.  One  can  easily  draw  from  the  economic  world 
illustrations  in  which  the  principle  is  involved,  and  show 
the  children  what  is  wrong.  In  a  strike,  for  example,  a 
group  of  individuals  think  they  have  a  right  to  set  up  their 
own  standard  and  destroy  the  utilities  of  a  community  for 
their  own  ends.  Whatever  may  be  the  personal  wrongs  of 
the  men,  whatever  they  may  suffer  as  individuals,  they  have 
no  right  to  violate  the  principle  that  lies  back  of  all  eco- 
nomic action.  If  we  all  should  act  on  this  plan  our  society 
would  go  to  pieces.  The  principle  is  just  as  vital  there  as 
on  the  playground.  The  same  is  true  of  a  lock-out.  The 
employers  who  for  their  own  ends  disturb  the  relations  of 
society  are  as  wrong  as  the  men  who  do  the  same  thing  while 
on  a  strike.  They  set  themselves  up  as  judges  of  social  wel- 
fare and  disregard  the  effect  of  common  action  and  its  in- 
fluence on  the  increase  of  utilities.  Such  principles  as  these 
can  be  illustrated  in  a  number  of  ways  by  any  one  familiar 
with  child  life,  and  there  is  no  reason  why  we  should  not 
make  them  clear  and  definite  to  every  child  in  the  school- 
room. 

The  Right  of  Exclusion. 

The  final  principle  is  hard  to  name.  While  some  of  its 
parts  have  received  recognition,  thej'^  have  not  been  co-ordi- 
nated. I  shall  call  it  the  right  of  exclusion.  By  this  I 
mean  the  right  of  society  to  exclude  those  elements  discord- 
ant to  society.  Though  we  do  exclude  certain  persons  from 
society  now,  the  trouble  is  that  we  do  not  exclude  enough. 

[482] 


I 


Economics  in  Elementary  Schooi«s.  23 


We  should  recognize  the  principle  that  all  persons  who 
reduce  the  sum  of  utilities  instead  of  increase  them  should 
be  excluded.  The  man  who  forces  disutilities  upon  society 
should  be  jailed  or  excluded  from  society  in  some  way.  I  do 
not  say  that  he  should  be  punished,  but  only  that  the  innocent 
should  be  allowed  to  go  at  large  and  enjoy  freely  the  gifts  of 
nature  and  society,  while  the  guilty  should  be  confined 
where  they  can  do  injury  only  to  themselves. 

One  of  the  great  obstacles  to  progress  is  the  theory  that 
the  good  should  remain  inside  their  houses  and  that  the  out- 
side world  should  be  given  over  to  the  rough  elements  of  the 
community.  This  principle  was  generally  accepted  in 
earlier  times  and  still  has  a  great  eflfect  upon  our  ideas  and 
actions.  It  affects  women  much  more  than  men.  We  are 
apt  to  think  that  women  should  remain  out  of  the  world  so 
as  not  to  come  into  contact  with  rough,  vicious  persons.  It  is 
these  rough,  vicious  people,  however,  that  should  be  excluded 
from  society  that  public  places  may  be  enjoyed  by  the  inno- 
cent without  any  contaminating  influences. 

The  law  recognizes  only  palpable  injuries;  it  acts  only 
when  person  or  property  is  injured.  It  does  not  seem  to 
recognize  that  we  have  eyes  and  ears,  and  that  a  man  may 
put  the  most  outrageous  things  before  me  and  destroy  my 
utilities  without  touching  my  person  or  property.  A  drunken 
man  thinks  he  has  a  right  to  the  possession  of  the  street  and 
that  I  have  not  unless  I  blunt  my  feelings  so  as  to  be  indif- 
ferent to  his  actions.  A  street  organist  asserts  the  right  to 
fill  the  air  with  hideous  sounds;  the  merchant  disfigures  the 
street  with  ugly  signs,  and  the  advertiser  with  flaming 
posters;  the  saloon-keeper  mars  the  best  comers  w^ith  bad 
odors  and  worse  signs,  and  yet  it  is  thought  that  I  have  no 
right  to  object  if  my  person  and  property  are  not  molested. 

It  should  be  recognized  that  public  utilities  are  enjoyed 
mainly  through  the  eye  and  ear  and  not  through  possession 
and  contact.  No  one  has  the  right  to  destroy  public  utilities 
or  to  mar  the  pleasure  of  those  who  are  enjoying  them. 

[483] 


24  Annai^  op  the  American  Academy. 

There  is  as  much  reason  for  excluding  this  class  of  oflfenders 
from  society  as  those  who  injure  the  property  or  person  of  an 
individual.  Public  utilities  are  mainly  subjective,  and  due 
not  to  things,  but  to  the  relations  betw^een  them.  They  are 
more  perishable  than  private  property  and  demand  more 
careful  protection. 

To  some  extent  we  do  separate  the  criminal  pauper  and 
defective  classes  from  society  and  support  them  at  public 
expense.  But  our  standard  is  still  too  low  in  this  respect. 
While  we  allow  so  many  persons  with  a  lower  moral  stand- 
ard, and  of  less  industrial  capability  than  that  of  the  average 
citizen,  to  run  at  large,  society  will  have  its  tone  lowered  by 
the  contact  of  the  lower  types  with  the  higher.  The  stand- 
ard of  criminality,  pauperism  and  of  defective  mental  powers 
is  relative.  As  the  standard  of  the  community  rises,  the 
minimum  standard  demanded  of- every  free  citizen  should 
rise  also.  We  should  make  better  provision  for  the  insane, 
the  blind,  the  deaf  and  dumb,  and  for  all  with  defective 
mental  qualities.  We  should  more  carefully  exclude  from 
society  those  who  are  tainted  with  pauper  instincts  and  com- 
pel those  who  seek  public  support  to  live  apart  from  the  rest 
of  the  community.  We  should  restrain  more  freely  those 
who  have  vicious  or  criminal  tendencies,  and  have  the  term 
of  confinement  depend  not  on  the  magnitude  of  crimes 
already  committed,  but  on  the  danger  to  the  community  of 
having  such  persons  at  large.  A  commitment  should 
mean  not  a  punishment  or  a  retribution,  but  an  opportunity 
for  education  and  reform  under  favorable  conditions. 

It  is  often  thought  that  empty  jails  are  a  sign  of  progress. 
This  is  a  mistake.  They  show  merely  that  the  public  has 
not  raised,  as  rapidly  as  its  increased  prosperity  would  per- 
mit, its  minimum  standard  that  determines  the  point  of 
exclusion  from  society.  Old  offences  may  be  less  numerous, 
but  these  new  conditions  cannot  but  make  new  acts  con- 
trary to  public  interest,  and,  at  the  same  time,  create  a 
higher  morality  that  will  require  of  each  citizen  a  more 

[484] 


Economics  in  Elementary  Schools.  25 

conscious  regard  of  the  general  welfare.  Higher  standards 
shotdd  demand  a  more  rigid  enforcement  of  the  principle  of 
exclusion  and  greater  care  of  those  it  affects.  Jails,  reform 
schools,  almshouses  and  asylums  should  grow  in  number 
and  improve  in  the  quality  of  their  service.  Even  though  a 
large  portion  of  society  is  enclosed  within  bounds,  the  better 
condition  of  the  innocent  and  worthy  will  cause  a  large 
increase  of  utility  and  a  much  better  condition  of  society. 
The  right  of  a  low  type  of  man  to  destroy  the  utilities  of  a 
high  type  of  man  is  nihilism  and  not  liberty. 

In  the  foregoing  sections  I  have  tried  to  present  several  of 
the  economic  principles  that  can  be  made  use  of  in  the  school- 
room. They  all  rest  on  the  fact  that  a  child's  interests  are 
in  the  present  and  that  his  conduct  is  influenced  by  his 
pleasures  and  pains.  Recognizing  this  we  can  expel  many 
erroneous  notions  from  a  child's  mind  by  an  appeal  to  his 
feelings  and  to  the  experience  which  he  has  already  acquired 
in  his  own  world.  This  world  is  not  different  in  kind  from 
that  of  grown  people,  and  if  we  search  in  the  right  places 
-we  can  find  facts  and  feelings  familiar  to  children  by  which 
the  principles  and  ideals  we  wish  to  present  may  be  illustrated 
and  enforced.  But  teachers  are  inclined  to  accept  another 
principle.  The  present  world  seems  to  them  to  be  a  complex 
world,  far  beyond  the  comprehension  of  a  child.  Simple 
situations,  they  think,  lie  in  the  distant  past  and  they  should 
be  seized  upon  rather  than  the  present  facts.  It  is  assumed 
that  the  periods  of  a  child's  life  are  similar  to  the  epochs  of 
history  and  that  a  child  will  find  the  proper  material  for  his 
development  in  their  study.  *  The  theory  of  culture-epochs 
implies  that  the  child  begins  where  the  primitive  man  began, 
feels  as  he  felt,  advances  as  he  advanced,  only  with  more 
rapid  strides.' 

The  simplicity  of  an  act  or  an  event  does  not  depend  upon 
the  facts  involved  but,  upon  the  ideas  through  which  we 
interpret  the  facts.  Familiar  events  are  simple  because  the 
many  subordinate  impressions  are  lost  sight  of  in  the  few 

[485] 


36  Annai^  of  the  American  Academy. 

ideas  with  which  they  are  blended.  Strange  sights  are  com- 
plex because  the  isolated  particulars  have  no  higher  thought 
in  which  they  become  united.  If  a  child  is  in  a  wood  there 
are  as  many  objects  about  him  as  if  he  were  on  the  streets 
of  a  city.  The  difference  in  the  two  situations  does  not  lie 
in  the  flow  of  impressions  but  in  the  interpreting  ideas.  To 
the  country  boy  the  woods  seem  a  simple  situation,  because 
the  various  impressions  blend  into  one  thought.  To  the 
city  boy  these  impressions  remain  isolated  particulars  and 
he  would  feel  lost.  A  sickle  is  no  simpler  than  a  harvester 
if  they  both  stand  in  the  mind  of  the  boy  for  the  process  of 
reaping.  There  is  no  more  complicated  mechanism  than  the 
human  hand  and  yet  to  the  child  it  is  the  simplest  of  ma- 
chines because  he  never  thinks  of  its  parts. 

The  power  to  visualize  ideas  and  to  make  them  appear 
simple  depends  upon  the  power  to  present  certain  elements 
vividly  and  to  exclude  other  elements  entirely.  It  is  a 
function  of  the  imagination  of  which  as  much  use  is  made  in 
interpreting  present  impressions  as  in  those  of  the  past.  If 
distant  events  seem  simple  it  is  not  because  of  any  inherent 
quality  differentiating  them  from  present  events,  but  because 
the  leading  ideas  are  already  present  to  the  child  and  are 
thus  capable  of  arousing  his  imagination.  A  modem  home 
is  as  simple  to  a  child  as  a  cave  or  a  tent,  and  shooting  with 
a  gun  is  as  simple  as  shooting  with  an  arrow.  The  occupa- 
tion of  lighthouse  keeper  is  not  old  and  yet  it  is  as  easy  for 
children  to  imagine  the  solitude  of  the  place  and  the  heroism 
of  the  keeper  as  it  is  for  them  to  picture  a  dweller  in  a 
primeval  forest.  The  fireman  of  to-day,  heroic  in  the  dis- 
charge of  his  duty,  can  be  made  as  vivid  to  the  child  as  the 
vestal  virgin  who  preserved  the  sacred  fire  in  the  ancient 
world.  The  engineer  who  sticks  to  his  engine  to  save  others 
shows  as  high  a  type  of  heroism  as  can  be  found  in  history. 

Heroism  is  not  an  old  virtue  decaying  with  the  growth  of 
civilization.  We  have  on  all  sides  many  more  examples  of 
heroic  action  than  could  be  found  in  any  past  age.     In  olden 

[486] 


Economics  in  Ki^kmentary  Schools.  27 

times  heroism  and  patriotism  were  so  rare  that  the  few 
examples  could  survive  in  literature  and  tradition.  The 
more  common  examples  of  to-day  attract  little  attention 
because  of  their  number.  We  expect  heroism,  patriotism, 
truth  and  honesty  of  every  one  and  so  common-place  have 
they  become  that  it  is  the  opposite  qualities  that  attract  atten- 
tion. The  records  of  crime  and  vice  become  events  of 
interest  because  of  their  rarity. 

The  child  world  has  its  heroes  and  deeds  worthy  of  emula- 
tion easily  to  be  found  if  we  look  in  the  right  place  for  them. 
Take  a  case  that  comes  to  my  mind  from  a  ball  field.  The 
game  of  base-ball  is  a  complicated  affair  and  it  requires  some 
time  for  a  boy  to  understand  the  different  points  upon 
which  the  interest  depends.  In  the  end,  however,  the  game 
becomes  a  unit  to  the  boy  as  simple  as  it  is  vivid  to  his 
imagination.  I  recollect  a  game  at  the  close  of  which  a 
quarrel  arose.  It  is  a  custom  when  a  match  game  is  played 
to  give  the  ball  to  the  winning  team.  In  this  case  a  large 
number  on  the  team  that  lost  said  the  game  was  only  a 
practice  game.  A  dispute  arose  and  the  defeated  team  de- 
manded that  the  ball  should  not  be  taken  from  the  field. 
The  captain  of  the  victorious  nine,  holding  out  the  ball, 
said  to  the  captain  of  the  defeated  nine:  * '  If  you  say  you 
did  not  agree  to  play  a  match  game  take  the  ball."  Here  is 
a  simple  situation  testing  the  honor  of  the  defeated  captain. 
He  could  easily  win  the  favor  of  his  own  nine  by  an  evasive 
reply.  But  he  said:  "  Keep  the  ball;"  and  faced  the  anger 
of  his  companions  in  a  manly  way.  This  is  a  good  illustra- 
tion of  heroic  action  and  such  examples  can  be  presented  to 
the  child  in  a  much  more  vivid  way  than  the  deeds  of 
ancient  heroes. 

I  recollect  another  game  in  which  several  boys  from  one 
club  were  invited  to  help  a  neighboring  club  in  a  game. 
They  won  the  game  and  as  they  were  going  home  they  came 
to  a  saloon.  The  leader  of  the  home  club  said:  *'  You  have 
done  well  by  us,  come  in  and  take  a  drink  with  us  ?     We 

[487] 


38  Annai^  of  the  American  Academy 

will  treat.**  The  visiting  leader  said:  "  No,  I  don't  drink." 
Every  boy  said  **  No,"  although  there  was  not  a  boy  who 
would  not  have  said  "Yes"  if  it  were  not  that  the  first 
boy  had  in  a  manly  way  said  "  No."  Here  again  you  have 
a  simple  illustration,  just  as  simple  as  anything  you  can  find 
in  past  history.  The  only  difl&culty  in  finding  such  illustra- 
tions comes  from  the  fact  that  teachers  do  not  look  into 
the  present  for  them,  but  into  histories  and  story-books. 

The  use  by  teachers  of  old  illustrations  instead  of  those 
of  to-day  is  due  to  the  fact  that  teachers  are  more  familiar 
with  books  than  with  life.  Old  examples  of  virtuous  actions 
are  used  again  and  again  because  it  is  more  easy  to  recall 
them  or  to  get  them  from  books  than  to  search  for  them  in 
the  events  of  to-day.  At  present  we  put  much  emphasis  on 
oral  instruction  and  despise  a  slavish  use  of  textbooks. 
Textbooks,  however,  are  not  the  only  books  whose  use 
makes  teaching  formal.  The  routine  teacher  is  he  who 
grinds  out  a  series  of  facts  and  examples  that  his  teachers 
used  in  their  day,  never  imagining  that  a  new  world  of 
events  has  come  into  being  since  they  spoke  and  their 
authorities  wrote.  Their  stock  illustrations  become  so  im- 
bedded in  his  thought,  as  types  of  noble  conduct,  that  he 
fails  to  see  the  value  of  similar  acts  under  new  conditions. 
The  past  seems  a  golden  age  never  to  return,  while  its 
heroes  are  giants  whose  mighty  deeds  have  reached  the  acme 
of  human  possibilities  and  whose  example  has  raised  the 
actions  of  common  men  far  higher  than  their  own  volitions 
would  have  carried  them. 

The  economic  concept  is  more  democratic,  and  its  ideal 
lies  not  in  the  past,  but  in  the  future.  It  prophesies  a  time 
when  the  leading  virtues  will  be  instilled  into  every  member 
of  society,  giving  to  all  their  actions  those  heroic  qualities 
which  make  individuals  worthy  and  society  progressive. 
The  future  Utopia  of  the  economist  stands  opposed  to  the 
golden  age  of  the  past.  The  one  ideal  would  elevate  man- 
kind  through   the   growth   of  common   qualities   and   the 

[488] 


Economics  in  Ei^ementary  Schooi^  29 

ejection  of  discordant  elements  that  lower  the  tone  of  society. 
The  other  would  hold  a  frail  humanity  above  its  natural 
level  by  the  impressive  example  of  its  historic  heroes.  The 
latter  may  succeed  for  the  moment  but  the  steady  evolution 
of  character  depends  upon  the  former.  Its  effects  may  come 
more  slowly  but  they  are  more  abiding. 

Simon  N.  Patten. 

University  of  Pennsylvania. 


THE  BREAK  UP  OF  THE  ENGI.ISH  PARTY 
SYSTEM. 

A  number  of  new  and  very  remarkable  features  have 
developed  themselves  in  English  politics  since  the  General 
Election  of  1885 — the  General  Election  from  which  can  be 
dated  the  time  when  England  really  became  a  democracy. 
Perhaps  the  most  interesting  and  significant  of  these  is  the 
breaking  away  from  the  old  system  of  two  parties  in  the 
House  of  Commons  and  in  the  constituencies.  It  would 
seem  the  most  interesting  development  to  a  student  of 
politics,  and  there  can  be  no  doubt  that  it  is  the  most  fateful 
development  in  English  political  life  since  the  great  Reform 
Act  of  1832.  How  far  this  departure  has  already  proceeded, 
and  how  far  this  new  tendency  toward  groups  has  gone,  is 
apparent  to  any  observant  reader  of  the  English  newspapers. 

For  reasons  which  will  be  explained  later  on,  it  is  more 
marked  in  the  present  House  of  Commons  than  in  any  of 
the  three  Houses  which  have  been  elected  since  1885.  In 
the  present  House  of  Commons,  elected  in  1892,  it  is  easily 
possible  to  distinguish  at  least  eight  groups.  In  a  prelimi- 
nary sketch  of  these  groups,  it  may  be  well  to  begin  with 
the  Government  forces,  which,  departing  from  the  traditions 
and  precedents  of  centuries,  are  now  seated  to  the  left,  as 
well  as  to  the  right,  of  the  Speaker's  chair.  Counting  the 
Irish  members  as  of  the  Government  following,  these  forces 
now  number  355,  subdivided  into  six  groups.  First  come 
the  Nationalists,  who  are  now  sectioned  off  into  very  dis- 
tinct groups,  the  Pamellites  and  the  Anti-Parnellites.  I  take 
these  first  because  without  the  help  of  these  groups  the  Glad- 
stone Government  could  never  have  come  into  ofiice.  Next 
come  what  may  be  described  as  the  ofiicial  Liberal  group. 
After  it,  the  Radical  group ;  and  then  the  Welsh  Radicals 
and  the  Labor  and  Socialistic  groups.    If  the  Scotch  Radicals 

[490] 


Break  Up  of  the  English  Party  System.       31 

and  the  Temperauce  party,  both  of  which  occasionally 
act  as  groups,  are  included  in  the  enumeration,  the  number 
of  groups  in  the  Government  forces  is  increased  to  eight, 
and  the  total  number  of  groups  in  the  House  of  Commons 
to  ten. 

There  are  only  two  really  well-defined  groups  in  the  Oppo- 
sition forces.  These  are  the  Conservatives  and  the  Liberal 
Unionists.  A  close  analysis  would  perhaps  lead  to  the  divi- 
sion of  the  Conservatives  into  two  groups,  of  which  the 
larger  might  be  described  as  the  progressive  group,  and  the 
other  the  old-time  Tory  group.  For  present  purposes,  how- 
ever, it  will  suffice  to  divide  the  Opposition  into  two  groups, 
Conservative  and  Liberal  Unionist.  These  two  groups  have 
been  acting  together  since  1 886,  in  office  and  in  opposition  ; 
but  each  has  still  its  own  leader  in  the  House  of  Commons, 
its  own  party  whips,  its  own  central  party  organization  in 
London,  managing  its  affairs  in  the  constituencies ;  and  each 
wing,  Conservative  and  Liberal  Unionist,  has  its  own  sup- 
porters in  the  daily  and  weekly  press. 

In  tracing  the  development  of  this  system  of  groups  in 
Parliament,  it  is  necessar>^  to  go  a  little  further  back  than 
the  Parliamentary  Reform  Act  of  1884,  which  increased  the 
electorate  by  over  two  and  a  half  million  votes,  and  placed 
political  power  in  the  hands  of  the  laboring  classes.  But  it 
is  not  necessary  to  go  back  many  years  beyond  1884.  It 
was  not  until  1874,  only  ten  years  before  the  last  Reform 
Act,  that  a  third  party  with  a  leader  and  with  whips  of  its 
own  made  its  appearance  in  the  House  of  Commons,  and 
began  to  shape  its  policy,  its  proceedings  in  debate,  and  its 
votes  in  the  division  lobbies  without  reference  to  the  desires 
or  the  convenience  of  either  of  the  two  older  parties — the 
party  which  happened  to  be  in  office,  or  the  party  in 
opposition. 

Long  before  the  Irish  Nationalists  began  to  act  in  this 
manner  in  1874,  and  before  Home  Rule  members  took  the 
place  of  the  Whigs  who  had  formerly  been  sent  from  Ireland 

[491] 


32-  Annals  op  thk  American  Academy. 

to  Westminster— long  before  this  time,  there  had  been  divi- 
sions in  the  ranks  of  the  Liberals,  and  in  those  of  the  Con- 
serv^atives  as  well.  In  the  years  immediately  preceding  the 
first  Reform  bill,  and  in  those  immediately  following  its 
enactment,  both  the  Liberal  and  the  Tory  party  had  in  a 
measure  their  own  subdivisions.  From  1825  to  1832,  practi- 
cally speaking,  only  two  political  questions  divided  people 
in  England.  These  were  Catholic  Emancipation,  with  the 
ecclesiastical  questions,  English  and  Irish,  grouped  about 
Catholic  Emancipation,  and  the  far  more  important  question 
of  Parliamentary  Reform.  These  two  questions,  however, 
served  not  only  to  divide  Englishmen  into  two  political 
camps,  but  served  also  to  subdivide  to  some  extent  the^ 
representatives  of  the  two  groups  of  thought  who  were  sent 
to  Parliament  by  the  unreformed  constituencies,  and  the 
members  of  the  House  of  Lords  who  enjoyed  their  political 
privileges  by  virtue  of  recent  royal  favor  or  hereditary  right. 
In  those  days  the  title  Liberal  was  a  designation  for  all  w^ho- 
were  in  favor  of  progress  and  reform,  no  matter  how  slowly 
progress  was  to  be  made,  and  no  matter  with  what  amount 
of  grudging  caution  reform  was  adopted.  The  generic  title 
of  Liberal  then,  and  for  many  years  afterward,  included 
within  its  comprehensive  scope  Whigs  whom  it  would  now 
be  diflScult  to  differentiate  from  the  Tories  of  ten  years  later 
on ;  Radicals  of  the  Mayfair  school,  such  as  Hobhouse  and 
Burdett ;  and  Radicals  of  the  philosophic,  equal  privileges 
and  equal  opportunities  school,  such  as  Hume  and  Bentham, 
and,  later  on,  as  Mill  and  Fawcett. 

The  Toryism  of  those  days,  of  the  period  from  1825  to- 
1832,  also  had  its  subdivisions.  It  was  about  this  time  that 
the  Tories,  following  the  example  of  their  political  oppon- 
ents, began  to  adopt  a  new  generic  title.  Many  of  them  now 
began  to  call  themselves  Conservatives.  The  late  Mr.  Jen- 
nings, in  editing  "The  Croker  Papers,"  makes  the  claim 
that  Mr.  Croker  first  introduced  this  title  of  Conservative,  as 
applied  to  the  Tory  party,  in  1831;  and  he  cites  an  article 

[492] 


Break  Up  of  the  English  Party  System.       33 

from  the  Quarterly  Review  of  that  year,  written  by  Croker, 
in  support  of  his  contention  that  it  was  with  Croker  that  the 
new  party  name  originated.  However  this  may  be,  the  title 
was  in  use  in  correspondence,  at  least  as  early  as  183 1.  It 
is  to  be  found  in  Peel's  letters  of  that  year,  and  in  one  writ- 
ten in  May,  Peel  gives  some  indication  of  the  subdivisions 
which  were  then  appearing  in  what  prior  to  Catholic  Eman- 
cipation had  been  the  old  Tory  party.  "I  apprehend," 
writes  Peel,  * '  there  are  two  parties  among  those  who  call 
themselves  Conservatives — one  which  views  the  state  of  the 
country  with  great  alarm;  which  sees  a  relaxation  of  all 
authority,  an  impatience  of  all  that  restraint  which  is  indis- 
pensable to  the  existence,  not  of  this  or  that,  but  of  all  gov- 
ernments, and  which  is  ready  to  support  monarchy,  property, 
and  public  faith."  "There  is  another  party,"  continues 
Peel,  ' '  and  that  by  far  the  most  numerous,  which  has  the 
most  presumptuous  confidence  in  its  own  fitness  for  adminis- 
tering public  afiairs,  which  would  unite  with  O' Council  in 
resisting  the  Irish  Coercion  bill,  which  sees  great  advantage 
in  a  deficit  of  many  millions,  and  thinks  the  imposition  of  a 
property  tax  on  Ireland,  and  the  aristocracy,  a  Conservative 
measure;  decries  the  intemperance  of  the  police;  thinks  it 
treachery  to  attack  a  Radical,  providing  that  Radical  hates 
the  Government,  and  which,  never  having  yet  dreamed  of 
the  question  how  they  could  restore  order,  prefers  chaos  to 
the  maintenance  of  the  present  Government." 

These  divisions  in  the  ranks  of  the  old  parties,  which 
could  be  noted  in  1831 — the  division  of  the  Liberal  party  into 
Whigs,  May  fair  Radicals,  and  the  Radicals  of  the  equal  rights 
and  equal  privileges  school,  and  the  division  of  the  Tory 
party  into  Tories  and  innovating  Conservatives,  as  roughly 
indicated  in  Peel's  correspondence,  continued  with  more  or 
less  change,  and  with  more  or  less  inconvenience  to  the 
party  as  a  whole  which  happened  to  be  in  office,  until  the 
Home  Rule  contingent  from  Ireland  became  a  power  in  1874. 
But  none  of  these  subdivisions  in  either  the  Tory  or  the 

[493] 


34 


Ann  A  us  of  tiiic  Amkrican  Academy. 


Li'^t-r.-.l  \\i:'.'.-  v,\is  ccMitinuousl}-  assertive  or  continuously 
i::l<.-|'(.;'.<u:.l.  A>  a  i;cncral  tiling;,  each  subdivision  was 
::iv:. ;'■.':  1:1  ;i>  iwAin  wiiii;  on  critical  occasions,  and  for  all 
:  :...i:v.il  ;  '.::;■  '-es,  until  1S74,  two  parties,  Liberals  and  Con- 
<(.:•.  .il:\  t>,  wirr  ian;4c(l  one  against  the  other,  and  domin- 
..t'.  1  c\\  i\  th;n;4  in  the  House  of  Commons.  I'p  to  this  time, 
I;.'  :r  wt-Tc  cniN-  two  sets  of  whips  at  \\\'stminster;  one  set 
...  :  ;v..^  :^'V  tile  C.<  i\ernment,  an<l  the  other  for  the  Opposi- 
::.:::  a:;!  until  iS-.j.  the  political  statisticians  took  no  cogni- 
.'..:•.■  e  of  a:i\-  but  the  two  i;rcat  parties,  and  in  the  statistical 
t,:"'!;  -  r.]'  t'>  the  Ceut-ral  Ivlection  of  that  year,  every  member 
(I  t:;v  H')i:->e  of  Connnons  was  classed  either  as  a  Conserva- 
t;-.  e  or  a--  a  Liberal.  When  a  new  Parliament  had  been 
<.'.'  I  ted,  tlure  ma\-  ha\-e  l)een  ])erhaps  two  or  three  members 
w!:u  e;ihed  tlieni-el\es  Independents,  but  before  the  Parlia- 
ir.eiit  \\,is  a  couple  of  \-ears  old  the  political  statisticians, 
T:^'::t!v  or  w!-oiv.;]\-,  had  f^rouped  them  either  with  the  Lib- 
t:.i!^  (<v  w  it'll  the  Conservatives. 

'i";ir  ir  w.ie  Home  Rulers  in  the  House  of  Conunons  before 
:'-74.  b::t  tl;e>-  were  not  sulTicieiitly  niuncrous  to  con.stitute 
r.'  ::i-'  h.  t  -  :i  I'lrtw      The  first  Home  Ruler  was  chosen  at  a 

■  ■  '.  '  t:  :;  \n  i  "' 7  i  ;  a:i  1  it  is  wortli  while  notin<;  that  he  was 
''..-■  ■  :i  la  I'l'ieicr.ee  to  a  candidate  who  was  supported  by 
t;  ■■  ;  ::■  '  .  hi  t:i','  s:ime  year  two  more  Home  Rulers  were 
•  '••  •  :  'I.  th;~.  t;::ie  with  tlie  actix'e  help  of  the  juaests.  These 
■•'.•:■•  C.ip'  ;Mi  Nolan,  who  is  still  in  Parliament,  and  now 
..  '.:.;  •.•.:':i  tliv-  P.arnelhte  e.roii]-),  and  Mr.  lilennerhassett. 
C    :'  I  a  .'.'■■!  Ill    w.i-   «le(-ted    f)r   (lalwaw   Mr.  IViennerlia.s.sett 

■  :   !•'.•::■        C.]it:iin    Nolan's   niajorit>-  was  more  than    2000 
■•    '.       ;.  ':ta'  ::<  \-  ol    -,-'''  xoti  is.      The  ])riests,  howe\'er,  had 

".  '■•'  /•';!'. ns  !M  hi^  b.-h:iir.  A  ]H-tition  was  presented 
■'•  *  1.;  :•*•■.:;:.  :!'i'l,  in  d-liw  rin.:;  jnd^inent  for  the  jvjti- 
t  ■•  '  •  I  ■  '  a  t  C  i;il  ,ia  Nolan,  lud-.'e  Keo.-h  declared  that 
'••■  ^'  ■■■•..•.■  '■]■'.'•>:]  1;-!:]  p!L-"!it'<l  tile  most  astonishinof 
■''■'■■  ■'■  '  !*  •  ■  -  '.  -'.  .  !ii  al  t  .  ianii>-  which  the  history  of  juaestly 
I'-t"'.'  r  ::!■  •■      iioi'lvd,  ar.d    (leseril).-d  the  Galwav  electors  "as 


Break  Up  of  the  English  Party  System.       35 

mindless  cowards,  instruments  in  the  hands  of  ecclesiastical 
despots."  As  a  result  of  this  judgment,  the  Whig  candidate 
succeeded  to  the  seat.  There  seems  to  have  been  no  contest 
over  Mr.  Blennerhassett's  return;  but  there  was  intense  dis- 
appointment among  the  landlords  at  the  result  of  the  Kerry 
election.  The  tenants  broke  away  from  the  old  political 
domination  of  the  landed  gentry,  and  voted  in  a  body  for 
Home  Rule.  On  one  estate  eighty  tenants  had  promised  to 
meet  the  agent  at  seven  o'clock  in  the  morning  to  vote  as 
usual  with  the  landlords.  The  agent  was  at  the  meeting- 
place  at  the  time  fixed,  but  the  tenants  were  not  there.  They 
had  met  at  another  place,  and  were  headed  to  the  poll  by  the 
priests  to  vote  for  the  Home  Rule  candidate. 

These  by-elections  in  Galway  and  Kerry,  in  1 871,  initiated 
the  movement  for  the  breaking  away  of  the  tenants  from  the 
old  political  connection  with  the  landlords ;  the  movement 
was  greatly  extended  between  1871  and  1874;  in  fact,  it 
became  almost  general,  with  the  then  surprising  result  that 
at  the  General  Election  in  1874,  that  which  returned  the 
Tories  to  power  under  Lord  Beaconsfield,  the  Home  Rulers 
elected  no  fewer  than  fifty- four  members  :  thirty-three  from 
the  counties  and  twenty-one  from  the  boroughs.  The  Irish 
by-elections  which  followed  the  1874  General  Election  also 
went  successively  in  favor  of  the  Home  Rulers ;  and  before 
the  1874-80  Parliament  came  to  an  end,  the  Home  Rule 
part}'  at  Westminster  had  increased  to  sixty. 

Butt  and  Shaw  were  still  the  leaders  of  the  new  inde- 
pendent Irish  party;  and  in  1875  and  1876  Pamell  was 
described  as  one  of  the  lesser  champions  of  the  movement. 
The  Home  Rulers  in  the  House  of  Commons  lost  no  time  in 
organizing  themselves.  They  elected  a  sessional  chairman  ; 
appointed  whips  of  their  own  ;  and  at  once  began  the  Parlia- 
mentary tactics,  continued  without  intermission  for  ten  years, 
which  brought  the  party  into  ftill  power,  almost  into  full  con- 
trol, at  Westminster  in  1885,  and  to  which  they  owe  the  control 
they  now  enjoy  over  the  destiny  of  the  present  Government. 

[495] 


36  Annai^  op  the  Amkiucan  Academy. 

First  of  all  the  Irish  Independents  adopted  their  in- 
genious plan  in  the  ballot  for  private  member's  days.  Every 
Home  Ruler  balloted,  and  by  this  means  the  party  as  a 
whole  possessed  itself  of  a  share  of  the  time  set  apart  for 
private  members  and  their  bills,  which  was  out  of  all  propor- 
tion to  the  party's  strength  in  the  House  of  Commons. 
English  and  Scotch  private  members,  with  bills  to  advance, 
who  found  themselves  relegated  by  the  ballot  to  the  closing 
weeks  of  the  session,  to  the  days  when  the  Government 
takes  for  its  measures  all  the  time  of  the  House,  complained 
bitterly  when  they  saw  every  Wednesday  during  the  earlier 
weeks  of  the  session  going  to  the  Irish  members,  and  to  bills 
and  resolutions  in  favor  of  Home  Rule  and  kindred  Irish 
subjects.  They  angrily  declaimed  against  what  they  stig- 
matized as  the  Parliamentary  bad  taste  of  the  manoeuvres 
adopted  by  the  Home  Rulers,  and  they  unsuccessfully  sought 
the  interference  of  the  Speaker  with  a  view  to  breaking  down 
the  Irish  plan  for  appropriating  the  lion's  share  of  the  private 
member's  days.  It  was  all  to  no  use.  Parliamentary  good 
taste  is  not,  and  never  has  been,  a  strong  point  with  the  Irish 
Nationalists.  The  Irishmen  taught  themselves  the  intri- 
cacies of  Parliamentary  procedure  in  all  its  devious  details, 
and,  whenever  it  was  possible,  they  dexterously  turned  these 
intricacies  to  their  own  account.  It  was  because  the  more 
earnest  Home  Rulers  were  so  well  acquainted  with  the  pro- 
cedure of  the  House  of  Commons,  and  so  apt  in  turning  it  to 
their  advantage,  that  they  were  able  to  succeed  so  well  in  the 
obstructive  policy  which  was  commenced  in  the  1874-1880 
Parliament,  and  was  continued  alike  against  Liberal  and 
Conservative  Governments  until  the  alliance  of  the  Liberals 
and  the  Home  Rulers  was  established  in  1885,  with  Mr. 
Gladstone's  first  Home  Rule  bill  as  its  basis. 

The  by-elections  between  1874  and  1880  brought  the 
strength  of  the  Home  Rulers  in  the  House  of  Commons  up 
to  sixty.  At  the  General  Election  in  1880,  the  Nationalists 
gained  three  additional  seats,   and  were  therefore   able  to 

[496] 


Break  Up  of  the  Engush  Party  System.       37 

command  sixty-three  votes  in  the  Parliament  which  lasted 
from  1880  to  1885.  This  was  the  Parliament  which  passed 
the  Reform  Act  of  1884  and  the  Redistribution  of  Seats  Act 
of  1885,  the  two  measures  which  made  England  a  democ- 
racy. Hitherto  the  Irish  peasantry  had  been  unenfranchised. 
The  tenant  farmers,  of  course,  had  had  votes ;  but  the  rural 
laborers  had  had  no  voice  whatever  in  local  or  in  national 
politics.  The  electorate  in  Ireland  was  augmented  by  half 
a  million  votes  as  the  result  of  the  measure  of  1884,  and  as 
the  measure  of  1885,  redistributing  seats,  made  no  attempt 
to  bring  Irish  representation  in  the  House  of  Commons  into 
anything  like  proportional  representation  with  England 
and  Scotland,  Ireland  retained  to  the  full  the  measure  of 
representation  which  she  has  enjoyed  since  the  Union.  At 
the  Union  105  members  Were  assigned  to  Ireland.  For 
many  years  before  the  Redistribution  Act  of  1885,  the 
number  had  stood  at  103.  The  result  of  this  measure  and 
of  the  Reform  Act  which  preceded  it  was  that  the  Home 
Rule  contingent  at  Westminster  was  increased  at  a  bound 
from  sixty-three  to  eighty-six  ;  and  as  the  electors  in  Eng- 
land, Scotland  and  Ulster  had  given  neither  party  a  majority 
independent  of  the  Home  Rulers,  it  was  within  the  power 
of  the  Irish  members  to  say  which  of  the  two  English  parties 
should  go  into  possession  in  Downing  street. 

The  General  Election  of  1885,  which  had  thus  brought  the 
new  independent  Irish  party  practically  into  control  in  Par- 
liament, brought  with  it  as  a  consequence,  the  g^eat  split  in 
the  Liberal  party  over  Mr.  Gladstone's  Home  Rule  bill,  and 
from  the  General  Election  of  1886  onward,  increased  to  four 
the  number  of  distinct  parties  in  the  House  of  Commons. 

It  is  no  part  of  my  present  purpose  to  discuss  the  merits 
of  Home  Rule.  But  before  proceeding  further  with  the  work 
of  tracing  the  development  of  the  group  system,  as  it  may 
be  dated  from  1886,  it  may  be  interesting  to  add  a  few  words 
as  to  the  way  in  which  the  independent  Irish  party  was 
organized  and  maintained  from  1874  to  the  alliance  with  the 

[497] 


38  Annai^  op  the  American  Academy. 

Liberals  in  1885.  It  is  now  comparatively  easy  to  see  how 
Mr.  Pamell  succeeded.  To  my  mind,  and  writing  as  one 
who  was  an  eye-witness  of  much  of  the  manoeuvring  and 
tactics  of  the  Irish  party  in  the  House  of  Commons,  the 
outstanding  fact  in  Mr.  Pamell' s  tremendous  success  was 
this,  that  he  drew  the  members  of  his  following  largely,  if 
not  entirely,  from  a  class  in  Ireland  which  hitherto  had  had 
no  voice  or  share  in  Imperial  politics. 

As  soon  as  Mr.  Pamell  took  control  in  1878,  he  weeded 
out  from  the  Home  Rule  party  nearly  all  the  men  whose 
near  or  remote  family  connections  were  of  any  social  stand- 
ing in  Ireland;  and  who,  to  use  a  common  American  phrase, 
were  in  politics  for  the  spoils.  To  employ  another  Ameri- 
canism, Mr.  Parnell  had  no  use  for  the  younger  sons  of  landed 
families  who  had  failed  to  get  into  the  army  or  to  make  any 
success  at  the  bar,  for  the  needy,  calculating,  self-seeking 
scions  of  the  smaller  landed  gentry,  who  hitherto  had  been 
sent  to  Parliament  as  the  representatives  of  Irish  Whiggism, 
and  whose  only  reason  for  seeking  membership  of  the  House 
of  Commons  was  to  obtain  better  opportunities  for  quartering 
themselves  and  their  dependents  on  the  Treasury.  Mr. 
Pamell  soon  made  it  clear  that  politicians  of  this  class  had 
absolutely  nothing  to  gain  from  associating  themselves  with 
the  Home  Rule  movement. 

The  pledge  to  act  with  the  party  as  directed  by  its  leader 
and  its  whips,  to  accept  no  office  nor  reward  from  the 
Government,  and  to  resign  the  seat  whenever  called  upon 
to  do  so,  a  pledge  which  was  exacted,  from  every  fol- 
lower of  Mr.  Pamell,  rendered  it  useless  for  the  old  school 
of  Irish  Whig  politicians  to  enter  Parliament  under  the 
auspices  of  the  new  movement.  Mr.  Parnell,  who  was 
himself  of  the  landed  class  and  knew  his  class  well,  thus 
deliberately  cut  himself  off  from  these  men,  and  from  men 
in  their  rank  of  life,  and  turned  to  men  who  were  per- 
haps socially  a  grade  lower,  but  who  were  immensely 
more  reliable  than  the  old  school  of  Irish  politicians,  as  it 

[498] 


Break  Up  of  the  Engush  Party  System.       39 

existed  from  O'Connell's  time  to  the  inauguration  of  the 
Home  Rule  movement.  He  turned  to  the  journalists  and 
the  struggling  country  lawj^ers,  to  the  doctors  and  the  school- 
masters, to  the  merchants,  the  shop-keepers  and  the  inn- 
keepers, and  from  these  men  he  recruited  a  little  army 
which  even  the  atmosphere  of  the  House  of  Commons  or  the 
social  exigencies  of  life  in  London  could  not  spoil,  nor  in 
the  least  divert  from  the  mission  which  had  taken  them  to 
Westminster.  Many  of  them,  most  of  them  in  fact,  were 
poor  men;  but  Mr.  Parnell's  power  in  Ireland  before  the 
General  Election  in  1880  had  come  to  be  such  that  contests 
were  comparatively  few.  He  could,  therefore,  elect  many 
of  them  without  expense  ;  and  when  contests  were  forced 
upon  him,  which  made  expense  necessary,  he  had  ample 
funds  at  his  command  to  meet  it,  and  in  individual  cases, 
where  it  was  imperative,  it  was  possible  for  him  to  furnish 
his  poorer  followers  with  the  means  for  defraying  their  ex- 
penses in  London. 

In  the  early  days  of  the  Home  Rule  movement  the  pov- 
erty of  many  of  Mr.  Parnell's  followers  was  the  subject  of 
endless  newspaper  jokes,  all  in  more  or  less  bad  taste.  One 
of  these  newspaper  pleasantries  told  how  some  of  the  Irish 
members  always  left  Westminster  Palace  at  dinner  time  for 
a  public  house  near  by,  where,  it  was  said,  sausages  and 
mashed  potatoes  were  to  be  obtained  in  large  quantities  for 
less  money  than  was  possible  in  the  dining  room  of  the 
House  of  Commons.  This  story  has  the  merit  of  being  true. 
It  seems  a  trivial  story  to  recall;  but  it  is  one  which  ought 
not  to  be  overlooked  by  a  student  of  the  Irish  movement  in 
Parliament.  It  was  because  the  men  who  followed  Pamell 
had  sufficient  courage  to  act  in  this  way,  and  were  not  afraid 
of  its  being  known,  that  they  were  able  to  take  and  keep 
the  pledge  concerning  offices  and  rewards  which  Mr.  Par- 
nell  exacted  from  them.  It  was  in  this  respect  that  they  all 
differed,  and  for  Mr.  Parnell's  purposes,  differed  for  the 
better,  from  the  genteel  but  needy  and  self-seeking  politicians 

[499] 


40     Annals  of  the  American  Academy. 

whom  they  had  replaced  as  the  representatives  of  five- 
sevenths  of  the  Irish  constituencies.  Members  of  the  old 
school  of  Irish  politicians,  the  men  who  perhaps  had  gone 
to  Trinity,  but  had  done  little  for  themselves  after  leaving 
college,  would  never  have  thought  of  going  out  of  West- 
minster Palace,  because  a  satisfying  meal  could  be  had  in 
the  public  house  over  the  way  for  eighteen  pence,  while  a 
dinner  in  the  House  would  have  cost  three  shillings  and  six 
pence.  They  would  have  taken  the  House  of  Commons  din- 
ner, even  if  they  had  borrowed  money  to  pay  for  it,  because 
they  would  have  been  full  of  the  hope  that  some  well-paid 
government  position  would  soon  come  their  waj^  which 
would  enable  them  to  wipe  off  all  their  indebtedness.  I 
would  not  have  it  supposed  from  my  way  of  presenting  the 
story  of  the  Irish  party  that  I  am  a  Home  Ruler.  I  am  not; 
but  no  student  of  English  politics  can  fail  to  take  note  of 
these  things.     They  help  to  the  key  of  the  whole  situation. 

The  division  in  the  Liberal  party  over  the  Home  Rule  bill 
which  established  the  fourth  party  in  the  House  of  Commons 
is  an  easy  one  to  trace.  It  first  showed  itself  in  the  winter 
of  1885-86  after  the  General  Election.  It  was  known  in  De- 
cember of  1885,  i^  ^  more  or  less  vague  and  indefinite  way, 
that  Mr.  Gladstone  was  prepared  to  comply  with  the  demands 
of  the  Nationalists;  and  when,  in  February,  the  Salisbury 
Government  was  defeated  on  the  address  to  the  Crown,  and 
Mr.  Gladstone  was  forming  his  new  administration,  with  this 
knowledge  in  mind,  Lord  Selborne,  the  Marquis  of  Harting- 
ton,  Sir  Henry  James  and  other  members  of  the  Liberal 
Ministry  of  1880-85,  declined  to  act  with  their  old  leader. 

As  soon  as  the  Cabinet  had  been  formed  and  the  Home  Rule 
scheme  was  laid  before  it,  Mr.  Chamberlain  and  Sir  George 
Trevelyan  withdrew,  and  with  the  other  seceders  from  Mr. 
Gladstone's  old  following  put  themselves  in  opposition  to  the 
Home  Rule  demand  in  Parliament  and  the  constituencies. 
On  the  ninth  of  April  Mr.  Gladstone  submitted  his  scheme 
to  Parliament.     On  the  thirteenth  of  April  permission  was 

[500] 


Break  Up  of  the  English  Party  System.       41 

given  for  the  introduction  of  the  bill.  On  the  tenth  of  May 
the  second  reading  was  moved  by  Mr.  Gladstone.  The 
debate  on  this  stage  occupied  twelve  nights,  and  the  division 
which  sectioned  off  the  two  wings  of  the  old  Liberal  party 
took  place  on  the  seventh  of  June.  Members  from  the  ex- 
treme wings  of  the  Liberal  party  acted  as  tellers  against  the 
bill.  One  of  these  was  a  Whig,  the  other  was  a  Radical; 
and  ninety-three  members,  who,  up  to  this  time  had  always 
acted  with  Mr.  Gladstone  and  the  Liberal  party,  put  them- 
selves on  record  against  the  bill,  and  thus  classed  themselves 
as  Liberal  Unionists.  It  was  upon  these  members  of  the  old 
Liberal  party  that  the  bnmt  of  the  opposition  to  the  bill  in 
the  House  of  Commons  fell.  Not  a  single  Tory  member 
voted  for  the  measure.  From  the  outset  the  Tories  had  been 
a  solid  party  against  the  scheme,  but  they  left  the  duty  of 
talking  against  the  bill  in  tlie  House  of  Commons  largely  to 
the  dissentient  Liberals. 

As  soon  as  the  vote  in  the  House  of  Commons  was  taken, 
all  four  parties — the  Gladstone  Liberals,  the  Irish  Home 
Rulers,  the  Conservatives  and  the  Liberal  Unionists — began 
to  prepare  for  an  immediate  General  Election.  An  under- 
standing was  at  once  arrived  at  between  the  two  sections  of 
the  new  Unionist  party,  that  Conservative  candidates  were 
not  to  be  put  up  against  Liberals  who  had  voted  against 
the  Home  Rule  bill.  At  the  election  six  months  earlier, 
many  of  the  men  who  went  into  the  same  lobby  as  the  Con- 
servatives when  the  House  divided  on  the  Irish  bill,  had  had 
hard  fights  with  Tory  candidates  for  their  seats.  Some  of 
them  had  been  elected  by  very  narrow  majorities  over  their 
Conservative  opponents;  but  in  almost  every  instance  of  this 
kind,  in  the  General  Election  of  1886,  the  Conservatives  re- 
frained from  putting  up  candidates  against  Liberal  Unionists. 
The  Gladstone  Liberals  were  altogether  too  demoralized  to 
make  many  fights  in  the  constituencies  against  individual 
seceders,  and  as  a  consequence,  in  the  next  Parliament — that 
elected  in  June — there  were  no  fewer   than  seventy -eight 

[501] 


42  Annals  of  the  American  Academy. 

Liberal  Unionists.  These  with  316  Conservatives  served  to 
give  Lord  Salisbury  a  majority  of  113  in  the  House  of  Com- 
mons over  the  combined  forces  of  the  Gladstone  Liberals  and 
the  Irish  Home  Rulers.  The  Gladstone  contingent  had  suf- 
fered severely  at  the  polls.  It  was  reduced  to  191,  as  com- 
pared with  335  at  the  commencement  of  the  1885  Parliament, 
the  losses  being  due  to  the  secession  of  the  Liberal  Unionists, 
and  the  capture  of  Liberal  seats  by  the  Tory  party. 

Twice  during  the  1886-92  Parliament  overtures  were  made 
to  the  Liberal  Unionists  to  join  a  coalition  Government;  but 
on  each  occasion  the  overtures  were  declined.  The  Liberal 
Unionists  voted  with  the  Tories  in  all  critical  divisions;  but 
they  sat  with  the  Liberals  and  the  Irish  Home  Rulers  on  the 
Opposition  benches.  Only  one  of  their  number  crossed  the 
floor  of  the  House  of  Commons.  This  was  Mr.  Goschen  who 
succeeded  Lord  Randolph  Churchill  as  Chancellor  of  the  Ex- 
chequer in  1887,  and  of  course  took  his  place  on  the  Treasury 
^nch.  Lord  Hartington,  Mr.  Chamberlain  and  Sir  Henry 
James  sat  in  exactly  the  same  places  as  they  would  have 
occupied  as  members  of  the  regular  Liberal  Opposition,  on 
the  front  bench  immediately  to  the  left  of  the  Speaker,  re- 
served for  ex-ministers  and  Privy  Councillors  in  opposition ; 
while  the  rank  and  file  of  the  Liberal  Unionists  grouped 
themselves  on  the  back  benches  with  the  moderate  Liberals. 
All  through  this  Parliament  they  maintained  these  places, 
and  even  now  the  Liberal  Unionists  sit  with  the  Liberals. 
After  the  election  of  1892  which  placed  the  Liberals  in  office, 
the  Liberal  Unionists  crossed  to  the  ministerial  benches  and 
now  sit  among  the  Liberals,  although,  as  for  nearly  ten  years 
past,  they  vote  regularly  with  the  Conservatives. 

The  action  of  the  Liberal  Unionists  in  persisting  to  sit 
with  the  official  Liberals,  and  the  corresponding  action  of  the 
Irish  Nationalists  in  persisting  to  regard  themselves  as  of  the 
Opposition,  and  to  sit  with  the  Conservatives,  have  occa- 
sioned much  confusion  in  the  present  Parliament.  They 
have  constituted  a  complete  breaking  away  from  traditions 

[502] 


Break  Up  of  the  Engush  Party  System.       43 

at  St.  Stephen's  which  are  centuries  old,  and  occurring  as 
this  breaking  away  has  done  at  a  time  when  party  feeling  is 
more  bitter  than  it  has  ever  been  before,  it  is  not  asserting 
too  much  to  say  that  this  distribution  of  parties  within  the 
Chamber  accounts  for  some  of  the  regrettable  scenes  which 
marked  the  session  of  1893,  and  so  greatly  lowered  the  tone 
of  the  House,  and  its  position  in  popular  favor  the  wide 
world  over. 

It  would  be  too  much  of  a  task  on  this  occasion  to  attempt 
to  show  what  will  become  of  the  Liberal  Unionists.  Politi- 
cal prophecy  is  always  uncertain,  and  it  has  become  increas- 
ingly uncertain  of  late  years  as  regards  affairs  in  England. 
It  would  need  a  long  examination  of  speeches  and  votes 
since  1886  to  show  the  tendency  of  the  I^iberal  Unionists, 
and  it  would  also  be  necessary  to  note  the  vital  changes 
which  have  come  over  the  I^iberals  who  followed  Mr.  Glad- 
stone in  the  split  of  ten  years  ago.  But  this  much  may  be 
said,  that  come  what  may  of  the  National  party,  the  forma- 
tion of  which  has  been  repeatedly  discussed  since  1887,  it  is 
now  hardly  possible  for  the  Liberal  Unionists  to  rejoin  the 
Liberal  party  of  to-day.  Liberal  Unionism  has  had  an 
enormous  influence  on  English  Conservatism.  It  is  only 
necessary  to  recall  a  few  of  the  measures  of  the  1886-92 
Parliament  to  make  this  clear.  The  Irish  Land  Purchase 
Act  of  1887,  the  Local  Government  Act  of  1888,  the  Free 
Education,  and  the  Factory  Acts  of  1891  are  all  eviden- 
ces of  the  change  which  has  come  over  English  Conserva- 
tism since  1886.  In  fact  there  has  been  a  little  movement 
both  ways  in  the  two  parties  now  forming  the  Opposition  to 
the  Rosebery  Government.  The  Conservatives  most  de- 
cidedly have  moved  forward.  They  occupy  the  ground  that 
the  moderate  Liberals  occupied  ten  years  ago;  while  the 
Liberal  Unionists  have  moved  back  to  meet  them,  and  the 
result  is  a  party  differing  but  little  from  the  Liberal  party  of 
the  years  immediately  following  the  Reform  Act  of  1867. 
The  Conservatives  and  the  Liberal  Unionists  make  as  a  whole 

[503] 


44     Annals  op  the  American  Academy. 

a  party  which  is  hardly  what  some  Anti-Home  Rule  Liberals 
would  like,  as  concerns  the  Church  and  the  liquor  interest. 
But  then  the  Liberal  party  of  1868  to  1874  was  never  very 
actively  loyal  toward  the  cause  of  religious  equality  and 
religious  freedom.  The  Liberal  administration  of  that  period 
had  to  be  pushed  before  it  settled  the  University  test  ques- 
tion ;  then  it  did  not  go  so  far  as  the  Conservative  Govern- 
ment went  four  years  later  ;  while  as  regards  the  Church  of 
England  in  its  relations  to  the  system  of  national  elementary 
education,  it  is  almost  impossible  for  the  Tory  party  of  the 
present  day  to  be  more  careful  of  church  interests  than  the 
Liberal  party  was  when  it  passed  the  Elementary  Education 
Act  of  1870. 

I  do  not  want  to  enter  upon  any  prophecy ;  but  to  me  it 
seems  more  likely  that  the  Liberal  Unionists  will  gradually 
become  part  and  parcel  of  the  Conservative  party,  and  enjoy 
with  it,  as  they  have  not  yet  done,  the  advantages  of  power 
and  office,  than  that  they  will  join  up  forces  with  the  Glad- 
stone Liberals.  When  the  rearrangement  of  parties  comes 
about,  it  is  much  more  likely  that  the  Conservatives  and 
Liberal  Unionists,  no  matter  under  what  party  name  they 
may  t\v  a  be  organized,  will  draw  some  recruits  from  the 
moderate  section  of  the  Liberal  party — from  the  men  who  are 
neither  new  Radicals  nor  Socialists — than  that  any  of  the 
six  or  seven  groups  now  massed  under  the  nominal  and 
rather  artificially  brought  about  leadership  of  Lord  Rosebery 
will  be  recruited  from  the  ranks  of  the  Liberal  Unionists. 
Middle  class  England  is  rapidly  becoming  Conservative ;  a 
glance  at  the  election  returns  from  the  cities  with  large 
suburban  populations  shows  that  at  once;  and  the  repre- 
sentatives of  these  middle  class  communities  still  acting  with 
the  Liberals  in  the  House  of  Commons  are  likely  to  become 
fewer  as  each  General  Election  comes  round,  and  as  the  de- 
mocracy becomes  more  assertive  and  more  demanding. 

In  chronological  order  the  next  group  in  the  House  of 
Commons  is  that  of  the  Parnellite  Nationalists.   The  O'Shea 

[504] 


Break  Up  op  the  English  Party  System.       45 

case,  and  all  that  it  wrought  in  Irish  politics,  is  too  recent 
and  too  notorious  to  need  recalling  in  any  of  its  dismal 
details.  A  terrible  fate  seems  to  pursue  all  Irish  National 
movements.  The  Irish  party  and  their  Liberal  allies  were 
hardly  at  an  end  of  their  rejoicings  over  the  breakdown  of 
the  forged  letters  case  in  1889  when  the  collapse  of  1890 
came  upon  them.  It  was  then  apparent  that  if  the  alliance 
which  had  lasted  from  1 886  was  to  continue,  the  Nationalists 
would  have  to  find  a  new  leader.  The  majority  of  them  saw 
the  matter  in  this  light.  They  were  slow  in  making  the 
discover}^  but,  once  made,  they  faced  the  consequences,  and 
deposed  Mr.  Pamell.  But  Mr.  Parnell  had  no  intention  of 
being  set  aside.  He  had  the  example  of  Sir  Charles  Dilke 
before  him.  Sir  Charles  Dilke  at  this  time  was  just  on  the 
point  of  succeeding  in  his  policy  of  bluff,  and  had  been 
chosen  as  a  Socialistic- Radical  candidate  for  the  constituency 
he  now  represents  in  Parliament.  Mr.  Pamell  might  be 
deposed  from  the  leadership  of  the  party  he  had  built  up  ; 
but  he  had  no  intention  of  disappearing  from  Parliamentary 
life.  He  was  determined  to  stay,  and  the  movement  to  keep 
him  in  politics  led  to  the  formation  of  the  fifth  party  in  the 
House  of  Commons. 

The  object  of  this  party  at  that  time  was  twofold — to 
keep  Mr.  Pamell  to  the  front  in  Irish  politics,  and  to  resist 
what  was  regarded  as  dictation  from  the  English  allies. 
This  group  now  numbers  only  nine ;  but  its  power  is  not 
to  be  measured  by  its  numerical  strength.  It  is  to-day  as 
compact  and  as  much  a  unit,  as  the  Pamellite  party  was 
in  the  1874-80  Parliament.  In  estimating  the  power  of 
any  of  the  groups  now  forming  the  Liberal  party,  it  must 
always  be  remembered  that  these  groups  united  give  the 
Liberal  Govemment  a  majority  of  only  thirty-six  or  thirty- 
seven  over  the  Unionists.  Hence,  any  determined  leader 
who  can  command  nine  votes  may  do  much  mischief  to 
the  Govemment  he  has  been  helping  to  keep  in  power. 
He  may  even,  if  he  so  desires,  by  carefully  watching  his 

[505] 


46     Annals  of  the  American  Academy. 

opportunity,  put  it  into  a  minority  as  a  punishment  for  some 
shortcoming  toward  his  party.  There  can  be  no  doubt  that 
the  Parnellite  party  is  a  growing  one,  and  one  which  will  have 
increasing  power  in  Ireland.  And  for  this  reason — that  as 
far  as  is  possible  with  its  funds,  and  with  its  numbers,  it  is 
continuing  the  independent  and  one-mission  policy  which  Mr. 
Pamell  adopted  in  1878,  and  which  gave  him  his  command- 
ing position  at  Westminster  after  the  General  Election  of  1885. 

The  appearance  of  these  five  groups,  taking,  as  it  were, 
the  place  of  the  two  old  parties,  had  come  about  before  the 
General  Election  of  1892,  the  one  which  returned  the  Glad- 
stone-Rosebery  party  to  ofiice.  As  has  been  shown,  the 
Nationalist  group  came  into  existence  in  1874;  the  Liberal 
Unionist  group  in  1886,  and  the  Parnellite  Nationalist 
group  almost  on  the  eve  of  the  General  Election  of  1892. 
Other  groups  had  been  forming  in  the  Liberal  party  between 
1885  and  1892;  but  during  the  greater  part  of  this  period 
the  Liberals  had  been  in  opposition,  and  the  new  groups, 
although  in  existence,  had  no  opportunity  of  presenting 
their  demands  and  insisting  upon  their  being  met.  These 
new  groups  in  the  Liberal  party  had,  of  course,  nothing  to 
gain  by  making  demands  upon  the  Unionist  administration, 
but  they  became  clamorous  and  assertive  almost  before  the 
new  Liberal  administration  was  formed  in  the  autumn  of 
1892.  The  members  of  the  new  groups  had  done  much  to 
bring  about  the  Liberal  success  at  the  polls,  and  they  lost  no 
time  in  demanding  their  reward.  They  were  so  eager  for 
legislation  in  response  to  their  demands  that  they  were  out 
of  temper  with  the  new  Government  for  not  calling  an 
autumn  session  in  1892,  and  passing  some  of  their  measures 
before  Home  Rule  was  taken  in  hand. 

These  groups  were  enumerated  at  the  outset  of  this  paper, 
but  it  may  be  well  to  recall  them.  First  comes  the  Radical 
group ;  next  the  Welsh  group ;  and  finally  the  Labor  and 
Socialist  group.  The  Radical  group  is  made  up  largely  of 
the  representatives  of  the  country  constituencies,    of  the 

[506] 


Break  Up  of  the  English  Party  System.       47 

members  chosen  by  the  rural  democracy  which  voted  for  the 
first  time  in  1885.  What  this  group  desired  was  a  sweeping 
measure  of  local  government  reform  in  the  rural  districts ; 
some  drastic  reform  in  the  administration  of  the  poor  law ; 
the  abrogation  of  the  old  feudal  privileges  which  still  attach 
to  land  in  connection  with  the  county  magistracy  ;  and  radi- 
cal amendments  to  the  Allotments  Acts  which  were  passed 
in  1885  and  1887.  It  was  to  satisfy  this  group  that  there 
was  an  autumn  sitting  of  Parliament  in  1893,  and  nearly 
all  the  demands  of  the  group  were  met  in  the  very  compre- 
hensive measure  now  kno\vn  as  the  Parish  and  District 
Councils  Act.  Had  there  been  no  autumn  session,  and 
no  District  and  Parish  Councils  Act,  1893  would  have  been 
a  legislative  blank ;  for  all  the  time  of  the  ordinary  session 
of  Parliament,  lasting  as  it  did  from  February  to  October, 
was  taken  up  with  the  Home  Rule  bill  which  was  thrown 
out  by  the  House  of  Lords. 

The  Welsh  group  comprises  twenty -eight  out  of  the  thirty 
members  w^ho  represent  the  Principality  in  the  House  of 
Commons.  This  group  is  more  compact  and  more  a  unit 
than  any  group  of  members,  coming  from  constituencies  east 
of  the  Irish  Sea,  which  has  ever  existed  in  Parliament.  It 
joins  with  the  English  Radicals  and  Labor  groups  in  all 
their  demands ;  it  endorses  every  one  of  them,  and,  with  the 
exception  of  the  Eight  Hours  bill  for  coal  miners,  it  votes  as 
a  unit  for  them  all.  On  the  Eight  Hours  bill  the  Welsh 
Radicals  are  not  quite  a  unit ;  they  are  not  agreed  on  the 
eight  hours  from  bank  to  bank,  which  is  the  central  point 
in  the  bill  promoted  by  the  Labor  members.  But  apart  from 
all  these  general  Radical  questions,  the  Welsh  group  has  a 
program  of  its  own.  First  it  demands  the  disestablishment 
of  the  English  Church  in  Wales,  and  in  the  second  place  it 
is  calling  for  land  law  reform  in  Wales  on  lines  as  favorable 
to  the  tenant  as  the  measures  already  passed  for  Ireland. 

The  Labor  group,  which  has  gradually  been  increasing  its 
numerical  strength  at  Westminster  since  1874,  when  the  first 

[507J 


48  Annals  of  the  American  Academy. 

two  Labor  members,  Mr.  Thomas  Burt  and  Mr.  Macdonald, 
were  elected,  until  it  now  numbers  sixteen  or  seventeen 
members,  demands  first  of  all  an  amendment  of  the  Em- 
ployers' Liability  Act  which  shall  forbid  all  contracting  out. 
It  is  a  unit  on  this  question.  Then,  with  two  or  three  excep- 
tions, it  is  solid  for  a  legal  eight  hours'  day  for  miners.  It 
has  other  demands,  and  endorses  all  the  Radical  demands, 
as  well  as  the  Welsh  Radical  program ;  but  its  special  pro- 
gram includes  a  drastic  employers'  liability  law,  an  eight 
hours'  day  and  the  payment  of  members  of  Parliament. 

The  group  system,  as  it  now  stands,  is  thus  less  than  two 
years  old.  There  were  no  opportunities  for  the  six  groups 
in  the  Liberal  party  until  that  party  came  into  power  in 
1892.  But  new  as  the  system  is,  it  is  easy  to  trace  some  of  its. 
results  and  to  forecast  others.  The  first  and  foremost  result 
of  the  new  system  was  the  Home  Rule  bill  of  1893.  It  was 
of  course  group  pressure  which  led  to  the  introduction  of 
the  bill  in  1886;  but  in  that  year  Mr.  Gladstone  could  have 
taken  up  Home  Rule  as  he  did,  or  he  could  have  left  the 
question  alone.  It  would  be  idle  to  speculate  on  what  he 
might  have  done  ;  but  at  least  he  was  not  compelled  to  take 
up  the  question.  He  had  no  such  alternative  in  1893.  He 
had  committed  himself  to  Home  Rule  in  1886,  and  recom- 
mitted himself  dozens  of  times  between  then  and  the  General 
Election  of  1892.  When  that  election  resulted  in  his  return 
to  power  by  a  majority  of  forty  including  the  eightj^-one 
Irish  votes,  he  had  no  option  whatever.  He  had  to  take  up 
Home  Rule,  and  he  could  not  even  decide  for  himself  when 
he  should  do  so.  It  must  be  the  first  measure  of  the  new 
Parliament,  or  he  would  belie  all  his  promises  made  in  the 
preceding  six  years  and  at  once  lose  the  support  of  both 
groups  of  Irish  Nationalists.  No  other  course  was  open  to 
him  but  to  devote  the  session  of  1893  to  the  Irish  measure. 
This  is  the  most  outstanding  example  of  the  working  of  the 
new  system. 

Next  in  order  as  a  signal  example  of  it,  is  the  measure 

[508] 


Break  Up  of  the  Engi^ish  Party  System.       49 

now  first  in  the  ministerial  program  for  the  disestablish- 
ment of  the  English  Church  in  Wales.  As  I  have  stated, 
the  Welsh  Radicals  number  twenty-eight ;  they  are  a  unit 
on  this  question;  they  are  determined  that  if  the  present 
House  of  Commons  lives  long  enough,  it  shall  send  the 
Welsh  Disestablishment  bill  up  to  the  House  of  Lords  be- 
fore the  session  of  1895  comes  to  an  end.  Early  in  the  ses- 
sion of  1894  they  were  afraid  that  the  Government  were 
going  to  shuffle  out  of  their  promises  to  bring  in  the  bill. 
Whatever  may  have  been  the  intentions  of  the  Government 
*  in  regard  to  this  matter,  the  Welsh  members  determined  to 
put  an  end  to  the  uncertainty  at  once.  Mindful  of  the  fact 
that  the  Government  majority  was  only  thirty-six,  and  that 
twenty-eight  votes  thrown  in  a  direction  contrary  to  the 
wishes  of  the  Government  would  turn  it  out  of  ofl5ce,  they 
waited  on  the  leader  of  the  House  of  Commons,  and  appear 
to  have  done  some  very  plain  speaking,  for  the  outcome  of 
the  interview  was  the  exaction  of  a  pledge  that  the  Welsh 
Disestablishment  bill  shall  have  precedence  over  all  Gov- 
ernment  measures  in  1895. 

Exactly  the  same  sort  of  pressure  was  brought  to  bear  on 
the  leader  of  the  House  by  the  Labor  group  which  is  demand- 
ing an  eight  hours'  day  bill.  The  Government  was  to  pledge 
itself  to  give  facilities  for  the  discussion  of  the  bill,  and  to 
help  it  through  all  its  stages  in  the  House  of  Commons,  or 
the  Labor  members  would  take  a  line  of  their  own ,  which 
practically  meant  that  some  day,  when  every  available  vote 
was  needed  to  save  the  Government,  the  Labor  members 
might  be  elsewhere  than  at  Westminster. 

What,  it  may  be  asked,  does  all  this  mean?  It  simply 
means  that  a  Liberal  Government  is  no  longer  master  of  its 
f  own  actions.  When  the  Liberals  are  in  power  it  is  inevi- 
table that  their  majorities  must  be  narrow.  The  growing 
Conservatism  of  urban  England  and  Scotland  settles  that 
much;  and,  as  a  consequence,  any  group  which  can  com- 
mand a  dozen  votes,  and  which  is  prepared  to  act  as  a  unit 

[509] 


30  Annals  of  the  American  Academy. 

independently  of  the  party  as  a  whole,  can  say  what  measures 
must  be  taken  up  and  when  they  shall  be  taken  up,  and  if 
the  Government  does  not  concede  its  terms,  it  can  turn  them 
out  of  ofl&ce  almost  at  a  day's  notice.  When  narrow  majori- 
ties are  the  rule,  one  group  of  fifteen  or  twenty  can  do  this 
alone. 

But  side  by  side  with  this  development  of  groups,  there 
has  grown  up  a  system  of  log-rolling,  altogether  new  in 
English  politics.  Groups  act  with  each  other,  as  well  as  for 
or  against  tlie  Government,  and  any  two  groups  acting  to- 
gether can  at  once  end  the  life  of  an  administration.  Irish 
members  have  little  or  no  interest  in  employers'  liability;  but 
in  the  session  of  1893  they  voted  steadily  with  the  Govern- 
ment every  time  when  the  contracting  out  principle  came  up 
for  discussion.  They  acted  in  this  way,  of  course,  as  some 
return  for  the  services  which  the  Government  had  rendered 
them  on  Home  Rule;  but  they  did  so  also  as  offering  a  quid 
pro  quo  to  the  Labor  members  for  their  support  of  the  Home 
Rule  bill,  and  for  their  expected  if  not  actually  pledged  sup- 
port on  the  Evicted  Tenants'  bill.  There  were  occasions  in 
the  last  Parliament  when  the  Liberal  Unionists  forced  con- 
cessions from  the  Conservatives.  There  was  some  little 
group  pressure  all  through  that  Parliament;  but  the  system 
has  been  seen  at  its  best  since  the  Gladstone- Rosebery  min- 
istry came  into  ofl5ce  in  1892.  It  is  in  fact  the  most  ob- 
vious outcome  so  far  of  the  era  of  the  new  democracy  in 
England. 

If  the  House  of  Lords  retains  anything  of  its  present  char- 
acter— and  to  bring  about  any  alteration  will  be  a  matter  of 
years,  if.  not  of  generations — the  result  of  it  all  may  be  that 
what  is  now  known  as  the  Liberal  party  will  cease  to  be  a 
legislative  power.  The  party  may  pass  a  disestablishment 
hill  for  Wales,  or  for  England  for  that  matter;  it  may  in  re- 
sponse to  this  pressure  pass  another  Home  Rule  bill;  or  a 
bill  making  an  eight  hours'  day  compulsory;  but  as  long  as 
the  House  of  Lords  continues  to  hold  its  present  position, 

[510] 


Break  Up  of  the  Engush  Party  System.       51 

these  measures  will  never  get  beyond  the  House  of  Com- 
mons. This  sort  of  thing  may  in  fact  defeat  itself,  and  in 
two  ways.  Either  England  will  become  more  and  more 
Conservative,  and  relegate  Radicalism  to  something  like  per- 
manent opposition,  or  the  House  of  Lords  will  have  as  a  per- 
manent mission  the  rejection  and  re-rejection  of  all  measures 
conceived  and  passed  through  the  House  of  Commons  solely 
in  response  to  group  pressure.  To  my  mind  the  first  of  these 
eventualities  seems  most  likely  to  happen;  for  one  cannot 
closely  observe  all  that  is  now  going  on  in  England  without 
coming  to  the  conclusion  that  the  approaching  General  Elec- 
tion will  relegate  the  present  composite,  if  not  nondescript, 
Liberal  party  to  a  long  period  of  opposition. 

Edward  Porritt. 

Farmington,  Conn. 


WIESER'S  NATURAI.  VAI.UE. 

The  long  expected  translation  of  '  ^Der  Naturliche  Werth  *  * 
has  appeared,  and  finds  a  comparatively  large  public  ready- 
to  welcome  it.  The  older  English  and  American  economists, 
while  recognizing  that  the  Austrians  have  done  careful  and 
suggestive  work  in  economic  theory,  do  not  seem  to  have 
been  turned  to  any  great  extent  from  their  former  ways  of 
thinking;  but  it  is  a  significant  fact  that  the  young  men 
whose  ideas  upon  economic  theory  have  been  formed  since 
the  Austrian  writings  became  accessible  have  quite  generally 
adopted  the  leading  conceptions  and  nomenclature  of  the 
Austrian  school.  This  does  not  mean  that  the  young  men 
consider  the  older  theories  altogether  wrong  or  the  new 
theories  altogether  correct  and  complete,  but  it  does  indicate 
that  an  important  influence  has  been  brought  to  bear  upon 
economic  thought.  The  extent  of  this  influence  cannot  yet 
be  told,  but  it  is  not  too  early  to  form  at  least  an  opinion  as 
to  what  Austrian  conceptions  are  likely  to  become  permanent 
factors  of  economic  theory. 

It  is  inevitable  that  such  independent  thinkers  as  Menger, 
Wieser,  Bohm-Bawerk,  and  Sax  should  difi'er  from  each 
other  as  well  as  from  the  theorists  of  other  schools.  But 
Wieser' s  work  on  Natural  Value,  more  than  any  other  pro- 
duction of  the  Austrian  economists,  presents  clearly  and 
fully,  the  fundamental  ideas  which  the  different  members  of 
the  school  hold  in  common.  A  review  of  that  work  nat- 
urally involves  a  criticism  of  what  has  come  to  be  known  as 
the  Austrian  theory  of  value. 
/  By  far  the  most  prominent  characteristic  of  the  Austrian 
'  theory  of  value  is  its  complete  dependence  upon  the  principle 
of  marginal  utility.  A  man  having  an  income  of  $1000, 
spends  part  of  it  for  necessities  which  are  of  immeasurable 
utility  to  him,  other  portions  are  used  for  the  gratification  of 

[512] 


Wieser's  Natural  Vaxue.  53 

desires  of  less  and  less  intensity.  The  satisfaction  which 
would  in  that  case  depend  upon  the  possession  of  the  last 
dollar  of  the  income  would  measure  the  marginal  utility  (or, 
as  the  Austrians  would  say,  the  value)  of  a  dollar  to  the 
man  in  question.  Of  course  the  principle  applies  to  stocks 
of  other  goods  as  well  as  to  dollars. 

As  is  well  known,  this  principle  of  the  decreasing  utility 
of  duplicated  goods  is  by  no  means  new  to  economic  theory 
or  to  the  English  literature  of  the  subject.  Senior*  men- 
tioned it  as  early  as  1836  and  Robert  Jennings  f  in  1855  set 
it  forth  as  * '  the  foundation  of  the  changes  of  money  price, 
which  valuable  objects  command  in  times  of  varied  scarcity 
and  abundance. ' '  Passing  by  numerous  French  and  German 
writers  who  enunciated  the  principle  with  more  or  less  clear- 
ness, we  find  that  Jevons  preceded  the  Austrian  economists 
in  developing  the  theory  that  marginal  ("final")  utility 
rather  than  cost  of  production  is  the  basis  for  the  ratios  of 
exchange.  Professor  J.  B.  Clark  J  also  approached  the  Aus- 
trian conception  in  making  value  ' '  the  measure  of  efiective 
utility. "  It  is  for  the  systematic  and  thorough  development 
of  the  theory  of  marginal  utility  rather  than  for  the  theory 
itself  that  we  are  indebted  to  the  Austrian  school.  While 
the  conception  is  older,  the  term  itself,  marginal  utility 
{Grenzmitzen) ,  was  first  introduced  by  Wieser  in  his  **  Ur- 
sprung  des  Werthes^^'  1884.  It  is  now  generally  accepted 
by  economic  writers.  § 

Although  Jevons  and  the  Austrians  agree  in  considering 
marginal  utility  the  basis  of  value,  we  find  an  important  dif- 
ference in  regard  to  the  ftmdamental  meaning  of  the  word 
value.  Caimes  opens  his  political  economy  with  this  state- 
ment:  "The  sense  proper  to  value  in  economic  discussion 

*  In  a  treatise  on  Political  Economy,  contributed  to  the  "  Encyclopedia  Metro- 
politana,"  p.  12  of  the  second  (cabinet)  edition.  Quoted  by  Jevons  in  the  "The- 
ory of  Political  Economy,"  p.  53. 

t  Quoted  by  Jevons,  p.  55. 

X  New  Englander,  July,  1881. 

I  See  Marshall's  "  Principles  of  Economics,"  second  edition,  p.  14,  note. 

[513] 


54  Annals  of  the  American  Academy. 

/   may,  I  think,  be  said  to  be  universally  agreed  upon  by  econo- 
I    mists,  and  I  may,  therefore,  at  once  define  it  as  expressing 
the  ratio  in  which  commodities  in  open  market  are  exchanged 
against  each  other."     Jevons  accepted  this  concept,  but  felt 
obliged  to  avoid  the  use  of  the  word  value,  because  he  recog- 
nized that  popular  usage  did  not  agree  with  the  definition  of 
the  economists.     The  Austrians,  on  the  other  hand,  follow 
/  Menger  in  defining  value  of  goods  as  * '  the  importance  which 
A   concrete  goods,  or  quantities  of  goods,  receive  for  us  from  the 
P    fact  that  we  are  conscious  of  being  dependent  on  our  disposal 
£      over  them  for  the  satisfaction  of  our  wants."*    The  differ- 
^        ence  must  not  be  overlooked.     On  one  side  value  is  regarded 
^-""^-as  a  ratio  between,  commodities^on  the  other  as  importance 
for  human  well-being.    One  conception  is  objective,  the  other 
subjective.     In  English  theory  value  is  a  relation  between 
commodities,  in  Austrian  theory  it  is  primarily  a  relation  of 
commodities  to  human  wants.     According^Jp.„JiU^e_Engli^ 
definition  no  commodity  could  rise  in  value  unless^ 
commodities  with  which  it  was  compared  fell  tojgtjcorre- 
sponding  extent.     From  the  Austrian  standpoint  a  commod- 
ity may,  through  scarcity  or  increased  need,  increase  in  value 
without  regard  to  other  commodities. 

Although  the  English-speaking  public  has  long  been 
drilled  in  the  ratio  concept  of  value,  there  can  be  no  doubt 
that  common  usage  is  much  more  in  keeping  with  the  Aus- 
trian view.  The  ratio  concept  is  more  simple  from  a  theo- 
retic standpoint,  but  it  may  well  be  hoped  that  the  great 
problems  of  economic  policy  can  be  more  satisfactorily  solved 
when  the  fundamental  concept  of  the  science  becomes  * '  im- 
portance for  well-being ' '  instead  of  *  *  a  relation  between 
commodities." 

But  here  again  we  are  indebted  to  the  Austrian  economists 
for  systematic  and  convincing  exposition  rather  than  for  dis- 
covery. In  spite  of  their  definitions  English  economists 
from  Adam  Smith  down  have  occasionally  spoken  of  the 

•  "  Natural  Value,"  p.  ai. 

[514] 


Wieser's  Natural  Vai.ue.  55 

time  and  trouble  required  for  obtaining  anything  as  the 
measure  of  its  value.*  Jevonsf  thought  that  value  in  ordi- 
nary parlance  was  identical  with  final  utility,  and  Professor 
Clark  X  not  only  recognized  but  adopted  the  subjective  con- 
cept. It  seems^  to  be  lar^ely_thrQligh  An.strian  inflyienge,.^ 
however,  that  regent  cnn tri hution^  to  economic  theory  have 
generally  accepted  the  subjective  concept  as  the  primary 
meaning  of  value  and  used  the  phrase,  ' '  objectivejyalue/'  (or 
more'~exactly  "objective  exchangej^ialue,")  to  designate  the 
power  of  commodities  to  command  each  other  in  exchange. 

The  Austrians,  as  Menger's  definition  indicates,  consider 
value  as  primarily  an  individual  matter.  The,_vahie  oj^a 
dollar  will  vary  from  individual  to  individual,  according  to 
the  amount  and  intensity  of  their  wants,  and  in  inverse  ratio 
to  their  respective  incomes.  As  the  value  of  a  dollar  varies 
among  individuals,  so  will  the  value  of  the  commodities  for 
which  the  dollar  is  exchangeable.  The  rich  man's  trifle  is 
the  poor  man's  fortune.  Even  when  the  subject  of  exchange 
is  taken  up,  the  personal  valuation  is  maintained.  The  ex- 
change value  (^TauschwertK)  of  a  commodity  is  the  subjec- 
tive importance  of  the  goods  for  which  the  commodity  will 
exchange.  Thus  it  is  only  when  two  men  are  in  the  same 
economic  condition  that  even  the  (subjective)  exchange 
value  of  a  commodity  is  the  same  to  both  of  them. 

Yet  Wieser  §  recognizes  that  * '  when  we  speak  generally  of 
the  value  of  goods  we  mean  the  economic  rank  given  them 
[by  their  prices,"  and  thus  is  introduggij[^a  please  pf,  value 
which  is  practically  the  same_as.llie  ",pow«r-ixr-«xchange  " 
'of  the  Hnglisir^Wrlters!  ^fhis  objective  exchange  value  is 
designated  Verkehrswerth  by  Wieser,  to  distinguish  it  from 
the  subjective  Tauschwerth,  and  the  translator  has  yielded 
somewhat  to  English  usage  in  rendering  the  former  term  by 

*  In  such  expressions  value  denotes  subjectiTC  importance,  though  viewed  firom 
the  side  of  cost  instead  of  utility, 
t "  Theory  of  Political  Economy,"  pp.  80  and  16a. 
I  "  Philosophy  of  Wealth,"  V. 
i  "Natural  Value,"  p.  51. 

[5«5] 


56  Annals  of  the  American  Academy. 

the  phrase  "exchange  value"  without  qualification.  The 
relationship  between  subjective  value  and  market  price  has 
been  treated  more  fully  by  Bohm-Bawerk,*  but  Wieser's 
brief  statement  gives  the  essential  thought.  Every  one  before 
making  a  purchase  forms  some  mental  estimate  of  the  impor- 
tance of  the  article  to  him,  this  importance  depending  of 
course  upon  his  present  supply  and  need,  in  accordance  with 
the  principle  of  marginal  utility  ;  but  before  making  a 
rational  purchase  one  must  also  form  a  mental  estimate  of 
the  value  of  the  dollar  to  him,  lest  in  making  one  purchase 
he  may  spend  money  required  for  other  purchases  of  more 
importance.  In  other  v/ords,  everyone  must  enter  the 
market  with  all  personal  valuations  expressed  in  terms  of 
the  monetary  unit,  however  much  the  value  of  this  unit 
may  vary  between  individuals.  A  stock  of  goods  placed 
upon  the  market  does  not  go  to  the  persons  who  value  them 
most,  but  to  those  whose  subjective  valuations  are  expressed 
in  the  largest  number  of  dollars  and  cents.  The  price  then 
is  not  fixed  by  the  marginal  want  which  the  stock  is  suffi- 
cient to  supply  but  by  the  marginal  money  equivalent  of  these 
subjective  wants.  The  price  does  not  represent  a  definite 
degree  of  want  but  simply  the  amount  of  money  or  other 
commodity  which  the  marginal  buyer  is  willing  to  give. 

Having  once  shown  that  prices  are  developed  from  the 
action  of  personal  valuations  in  the  market,  the  Austrians 
abandon  the  subjective  standpoint  for  the  time  and  like  the 
English  economists  treat  exchange  value  as  a  relation 
between  commodities,  f 

•  "  Grundeiige  der  Theorie  des  Werlhschafllichen  Gutgrwerths,"  in  Conrad's 
JahrbUcher,  vol.  xiil,  1886.  See  "Positive  Theory  of  Capital,"  p.  129. 
I  i  "  Subjective  value  represents  a  distinct  feeling  ;  that  of  being  dependent  upon 
the  possession  of  a  gfood  for  the  satisfaction  of  a  want.— a  distinct  degree  of  per- 
sonal interest  in  goods.  Objective  value,  on  the  other  hand,  merely  represents  a. 
definite  price  ;  a  definite  amount  of  payment  which  is  expected  or  required  in 

S»— dng:  or  selling.    The  former  has  its  measure  in  the  different  gradations  of 
re,  the  latter  in  the  quantities  of  coin,— in  the  figures  of  the  price."    "  Natural 
^"  p.  51. 
"Exchange  value  is  the  capacity  of  a  good  to  obtain  in  exchange  a  quantity  of 
other  goods.     Price  is  that  other  quantity  of  goods"  "  Positive  Theory  of  Cap- 
ital," p.  132. 

[516] 


WiESER's  Natural  Value.  57 

This  relapse  from  the  subjective  standpoint,  whether  neces- 
sary or  not,  seems  at  least  unfortunate.  The  Austrians 
have  given  us  the  vision  of  a  theory  of  value  resting  upon 
the  substantial  basis  of  importance  to  human  well-being,  but 
in  the  field  of  exchange  value  where  we  have  the  greatest 
need  for  some  substantial  basis,  we  are  left  with  the  old  idea, 
that  value  is  an  expression  of  quantity  of  goods  rather  than 
of  subjective  importance— a  relation  of  goods  to  each  otheii 
instead  of  their  relation  to  human  welfare.  Looking  at 
economic  life  from  the  individualistic  standpoint,  they  have 
failed  to  conceive  the  idea  of  social  utility*  as  applicable  to 
our  present  condition  of  inequality  among  individuals.  The 
fact  that  differences  in  w^ealth  regularly  cause  goods  to  pass 
by  the  urgent  needs  of  the  poor  in  order  to  satisfy  the 
slightest  wish  of  the  rich  has  seemed  to  the  Austrians  an 
insuperable  barrier  to  the  maintenance  of  the  subjective 
standpoint  in  dealing  with  the  exchange  value  that  now 
governs  industrial  economy. f 

Wieser  avoids  this  diflSculty  of  applying  the  principles  of 
subjective  value  to  a  society  where  inequality  of  wealth  pre- 
vails by  imagining  a  communistic  state  where  private  prop- 
erty does  not  exist  and  the  use  of  goods  is  distributed 
according  to  needs.  The  distorting  effect  of  differences  in 
ability  to  pay  is  thus  removed,  as  well  as  the  disturbances 
of  "error,  fraud,  force  and  chance." 

The  communistic  society,  like  the  person  in  the  individual 
economy,  is  supposed  to  so  utilize  its  goods  as  to  satisfy  all 
wants  down  to  the  lowest  degree  that  the  total  supply  of  the 
commodity  will  cover.  The  importance  of  a  unit  of  a  com- 
modity, a  bushel  of  wheat  for  example,  may  now  be  accu- 
rately gauged  by  the  marginal  utility  of  the  supply  of  that 
commodity.  In  such  a  state  every  means  for  the  satisfaction 
of  human  want  would  be  valued  according  to  the  degree  of 
want  which  would  be  dependent  for  its  satisfaction  upon  the 

*  Professor  Clark,  for  example,  looks  upon  value  as  a  flocial  fact— the  measure 
of  final  utility  to  society.    See  Vote  Review,  November,  1893. 
t  "Natural  Value,"  bk.  ii,  III. 

t5«7] 


58  Annaxs  of  the  American  Academy. 

particular  article  in  question.  It  would  have  what  Wieser 
calls  its  natural  value. 

This  concept  of  natural  value  is  introduced  toward  the  end 
of  the  second  book  of  Wieser 's  work  and  becomes  the  main 
theme  of  the  remaining  books,  which  are  entitled  respect- 
ively: "  The  Natural  Imputation  of  the  Return  from  Produc- 
tion/' "The  Natural  Value  of  Land,  Capital  and  Labor," 
**The  Natural  Cost  Value  of  Products,"  and  "Value  in  the 
Economy  of  the  State."  The  fact  that  the  supposition  of  a 
communistic  state  underlies  the  discussion  must  not  lead  the 
reader  to  think  that  the  work  is  a  treatise  upon  socialism. 
The  object  of  the  work  is  to  elucidate  the  fundamental  prin- 
ciples of  value  and  distribution,  and  to  this  end  the  fiction  of 
an  ideal  communistic  state  serves  two  purposes:  it  eliminates 
many  complications  and  disturbances  which  might  other- 
wise detract  the  student  from  a  clear  insight  into  the  underly- 
ing principles  which  are  the  basis  of  all  value  relations,  and 
it  also  serves  to  give  the  student  a  clearer  idea  of  the  real 
nature  of  the  services  for  which  rent,  interest,  and  extra 
wages  are  paid  through  the  consideration  of  the  question 
whether  or  not  these  services  would  retain  their  value  in  a 
communistic  state.  The  chief  difference  between  natural 
value  and  exchange  value  has  already  been  indicated:  the 
former  expresses  what  would  be  the  marginal  utility  of  goods 
if  they  were  distributed  according  to  needs,  the  latter  is  the 
marginal  valuation  when  goods  are  distributed  according  to 
the  amounts  offered  in  exchange  for  them.  The  conceptions 
have  much  in  common  and  Wieser  constantly  indicates  the 
changes  which  must  be  made  in  passing  from  the  realm  of 
natural  value  to  existing  conditions. 

Our  author  next  takes  up  the  subject  of  "imputation." 
When  several  factors  co-operate  in  the  satisfaction  of  a  single 
want,  how  is  the  economic  importance  of  the  several  factors 
to  be  determined  ?  Upon  what  principle  is  the  value  of  a 
service  to  be  imputed,  in  an  economic  sense,  to  the  various 
contributing  elements  ?    It  is  evident  that  the  solution  of  this 

[518] 


Wieser's  Natural  Value.  59 

problem  involves  an  explanation  of  the  relation  between  value 
and  cost  of  production.  It  is  for  the  extended  treatment  ofV 
the  costs  of  production  that  Wieser's  work  stands  pre-emy 
inent  among  the  Austrian  writings. 

As  is  well  known,  the  prevailing  economic  theory  makes 
cost  of  production  the  determinant  of  the  normal  value  of 
products,   while   the   Austrian    economists    claim    that   the 
amount  of  the  costs  is  really  determined  by  the  value  of  the 
products.      Does  cost  determine  value  or  value  determine 
cost  ?    Stated  in  this  way  the  case  appears  to  be  one  of  direct 
opposition  and  Bohm-Bawerk  says  of  it :   "  That  is  a  ques- 
tion as  fundamental  for  political  economy  as  the  question 
between  the  Ptolemaic  and  Copemican  systems  was  for  as- 
tronomy.' '    *  Close  study,  however,  will  show  that  the  oppo- 
sition between  the  two  schools  is  by  no  means  direct.     The  | 
Austrians  do  not  disprove,  nor  even  reject,  the  classical  tenet  [ 
that  the  values  of  goods  regularly  produced  imder  free  com-  I 
petition  tend  to  conform  to  their  costs  of  production.     Thejrl 
have  simply  taken  one  step  back  of  the  English  point  of  1 
view  and  there  perceive  that  the  values  of  the  elements! 
which  enter  into  and  make  up  the  costs  of  production  are| 
themselves  derived  from  the  utility  and  scarcity  of  the  vari- 
ous elements.    If  the  Austrians  would  state  their  case  in  this 
simple  form,  instead  of  declaring  a  revolution,  they  could 
hardly  be  opposed,  f 

It  is  to  be  noted  in  passing  that  the  Austrian  idea  of  cost 
is  entirely  independent  of  the  painfulness  of  labor  which 
English  economists  have  sometimes  vaguely  imagined  to 
be  the  basis  of  their  theory  that  cost  determines  value.  No 
one  who  studies  modem  social  conditions  can  claim  that 
labor  is  paid  or  even  tends  to  be  paid  in  proportion  to  its 
painfulness,   and  furthermore,  many  items  of  cost,  such  as 

•  "  The  Austrian  Kconomlsts,"  Annals,  vol.  i.  p.  37i.January,  1891. 

t  Since  this  paper  was  written  the  relationship  between  coat  and  value  and  the 
real  nature  of  the  cost  which  regulates  value  have  been  treated  by  B6hm-Bawerk : 
"Dcr  LetzU  Masstabdes  GUterwertes,"  Zcitachrifl  fBr  Volkswirtachafl.  Socialpolitik 
und  Verwaltung.  Dritter  Band,  II.  Heft.  "  The  Ultimate  SUndard  of  Value," 
Akkala,  vol.  V,  p.  149,  September,  1894. 

[519] 


6o  Annals  of  the  American  Academy. 

minerals  and  the  use  of  land,  are  not  produced  by  labor  at 
all.  Cost  from  the  Austrian  standpoint  is  the  sacrifice  of  a 
utility  and  unless  an  equal  or  greater  utility  results  from 
any  outlay  in  question,  the  outlay  is  not  economic.  This 
may  not  be  the  idea  of  cost  which  best  expresses  human 
progress  and  welfare,  but  it  may  well  be  conceded  that  it  is 
this  form  of  cost  which  determines  exchange  values.* 

Instead  of  treating  the  value  of  an  element  of  production 
as  a  simple  case  of  value  determined  by  the  marginal  utility 
of  tlie  element  in  question,  both  Wieser  and  Bohm-Bawerk 
have  chosen  to  explain  cost  values  as  a  manifestation  of  the 
principle  of  complementary  goods.  Menger  had  proposed  to 
ascertain  the  value  of  any  good  by  considering  the  amount 
of  loss  that  would  result  from  its  annihilation.  Upon  this 
principle  a  single  glove  carries  with  it  the  value  of  the  pair, 
and  each  horse  of  a  perfectly  matched  span  is  valued  at  more 
than  half  the  value  of  the  span,  for  if  either  horse  should  die 
more  than  half  the  value  would  be  lost.  In  like  manner,  if 
a  half  dozen  elements  co-operate  in  forming  a  desirable 
product — say  a  loaf  of  bread — the  lack  of  any  one  ingredient 
might  seriously  impair  the  usefulness  of  the  others.  So 
Wieser  criticises  thepositionof  his  predecessor  on  the  ground 
that  were  the  elements  of  production  valued  in  this  way  the 
sum  of  their  values  would  exceed  the  value  of  the  product 
which  is  made  from  them,  and  the  manifest  absurdity  would 
be  reached  that  all  production  is  carried  on  at  a  loss.  Wieser 
thereupon  brings  forward  his  concept  of  the  *  *  productive 
contribution  ' '  {Beitrag) .  *  *  The  deciding  element  is  not 
that  portion  of  the  return  which  is  lost  through  the  loss  of 
the  good,  but  that  which  is  secured  by  its  possession."! 

In  order  to  arrive  at  the  amount  which  each  element  con- 
tributes to  the  value  of  the  product  the  algebraic  method  of 
solution  by  equations  is  proposed.     Let  x,  y,  z,  etc.,  stand 

•  For  a  fuller  development  of  this  line  of  thought,  the  reader  is  referred  to  an 
article  by  the  present  writer  entitled  "Pain-cost  and  Opportunity-cost,"  in  the 
Quarterly  Journal  of  Economics,  January,  1894. 

t  "  Natural  Value,"  p.  85. 

[520] 


Wieskr's  Naturai.  Value.  6i 

for  units  of  the  productive  elements,  such  as  materials,  labor 
of  different  grades,  and  the  use  of  capital.  The  same  pro- 
ductive elements  enter  into  various  products  in  various  pro- 
portions. By  observing  the  values  and  composition  of  the 
products  (these  values  being  fixed  by  the  marginal  utility  of 
the  products) ,  we  would  discover  equations  after  the  manner 
of  the  following : 

4^  +  5^  =  590 

fi-om  which  the  unknown  values  may  be  determined.  Of 
course,  in  actual  economic  life  the  number  of  productive 
elements  is  almost  unlimited,  but  the  number  of  combina- 
tions which  would  give  independent  equations  is  fully  as 
large.  Solved  in  this  way,  the  sum  of  the  productive  con- 
tributions of  the  elements  is  bound  to  equal  the  value  of  the 
product.  The  productive  contribution  which  is  everywhere 
assignable  to  a  given  element  of  production  is  the  cause  and 
measure  of  its  value.  An  increase  in  the  supply  of  an 
element  would  extend  it  to  uses  of  less  importance  and  so 
reduce  the  productive  contribution  that  could  be  imputed  to 
it.  The  productive  contribution  of  a  given  element  must  be 
uniform  in  its  different  uses  for  otherwise  the  element  would 
be  transferred  from  one  use  to  the  other. 

Wieser's  method  of  solving  the  problem  of  the  imputation 
of  value  to  cost  goods  is  stated  here  somewhat  fully  be- 
cause he  seems  to  regard  it  as  an  important  contribution  to 
economic  theory,  and  constantly  refers  to  it  as  the  basis  of 
his  subsequent  arguments.  This  method  of  solution  is,  I 
believe,  peculiar  to  Wieser  among  the  Austrian  writers,  and 
I  venture  to  call  it  the  weakest  point  in  his  theory  of  value. 
Several  points  of  criticism  will  be  briefly  stated: 

(i)  The  problem  of  imputation  is  to  ascertain,  not  what 
are  the  values  of  the  elements  of  production,  but  what  forces 
make  those  values  what  they  are.  Wieser's  equations  might 
give  us  the  values,  but  they  could  never  explain  the  values. 

[5^0 


62     Annals  of  the  American  Academy. 

(2)  Weiser's  method  can  give  us  no  rules  for  the  appor- 
tionment of  an  element  to  its  different  uses,  for  unless  the 
apportionment  is  already  perfect  an  element  will  be  given  a 
greater  value  in  one  use  than  in  another,  the  different  equa- 
tions will  not  be  simultaneous,  and  the  solution  will  be  im- 
possible. 

(3)  The  criticism  of  Menger  is  not  well  founded.  Wieser, 
in  common  with  other  writers,  has  failed  to  distinguish 
between  special  and  general  values.  General  values  are 
those  which  prevail  in  the  market  where  all  goods  that  are 
precisely  alike  have  the  same  value.  Here  the  action  of  the 
marginal  law  is  apparent.  Special  values  attach  to  individ- 
ual articles  under  special  circumstances.  The  value  of  a 
loaded  revolver  to  the  waylaid  traveler,  the  value  of  a  mastiff 
to  its  fond  master  and  the  value  of  a  lost  glove  when  its  mate 
is  in  possession,  are  examples  of  special  values.  In  fact 
almost  every  article,  when  in  actual  use  has  in  addition  to 
the  general  (market)  value  some  special  value  on  accoimt 
of  its  special  adaptation  or  on  account  of  the  delays  and  in- 
conveniences which  are  in  the  way  of  replacement.  Goods 
ordinarily  sell  at  their  general  values,  a  dealer  can  secure 
special  values  only  through  extortion.  General  values 
usually  correspond  with  costs  of  production,  but  special  cir- 
cumstances may  give  a  five  cent  iron  bolt  the  value  of  thou- 
sands of  dollars. 

Now  it  will  be  noticed  that  in  criticising  Menger' s  method 
of  estimating  values  through  loss,  Wieser  always  bases  his 
objections  upon  special  values,  and  does  not  notice  that  his 
own  method  of  solving  through  equations  would  fail  com- 
pletely in  the  same  cases.  Add  together  the  special  values 
which  attach  to  every  piece  of  metal  in  an  engine  in  service 
and  the  sum  would  far  exceed  the  value  of  the  engine.  It 
does  not  matter.  The  parts  are  not  bought  and  sold  at  their 
special  values.  Again  let  us  suppose  that  bread  made  with- 
out salt  would  be  worthless.  Would  Menger' s  formula  then 
jassign  to  the  salt  a  value  equal  to  that  of  the  bread  ?    Only 

[522] 


WiESER'S  NaTURAX  VAXUE.  63 

under  the  strict  condition  that  no  more  salt  could  be  obtained. 
Complementary  goods  are  especially  subject  to  an  extra 
special  valuation,  but  they  do  not  attain  this  extra  valuation 
in  a  general  market.  The  fact  that  salt  is  an  indispensable 
ingredient  of  many  valuable  foods  has  no  effect  upon  its 
value  so  long  as  the  supply  is  sufficient  to  satisfy  also  its  less 
important  uses.  Meuger's  principle,  when  rightly  used,  is 
quite  correct.  The  value  of  anything  may  be  estimated 
through  the  loss  that  would  result  from  its  annihilation. 
But  a  serious  error  would  be  involved  should  we  undertake 
to  derive  the  general  value  of  a  commodity  from  the  loss 
that  might  occur  under  special  circumstances. 

(4)  In  maintaining  the  importance  of  the  principle  of  com-iX 
plementary  goods,  Wieser  seems  to  overlook  the  distinction,! 
which  he  elsewhere  well  observes,  between  the  value  of  a] 
commodity  taken  as  a  whole  and  the  value  of  some  small! 
quantity  of  the  commodity.  General  values  have  to  do  with 
the  small  portions  that  are  bought  and  sold  at  a  time.  The 
value  of  salt,  taken  as  a  whole,  is  indefinitely  great,  for  we 
could  hardly  live  without  it,  but  the  small  quantities  that 
are  bought  and  sold  at  a  time  have  no  such  importance.  It 
is  customary  to  estimate  the  value  of  the  world's  supply  of  a 
commodity  as  the  product  of  the  quantity  and  marginal 
value,  but  if  an  inhabitant  of  a  neighboring  planet  should 
offer  to  buy  the  whole  supply  at  the  marginal  rate  we  could 
by  no  means  afford  to  accept  the  offer.*  There  is  seldom 
any  cause,  however,  for  estimating  the  value  of  a  total  sup- 
ply. General  values  have  to  do  with  the  small  portions  that 
are  bought  and  sold  in  single  transactions.  These  portions 
of  a  commodity  have  comparatively  small  value  because,  if  a 
portion  were  lost,  it  could  be  replaced  by  simply  withhold- 
ing some  of  the  commodity  from  its  marginal  uses.  Wieser 
refers  the  values  of  capital  and  labor  to  the  principle  of  com- 
plementary goods,  on  the  ground  that  each  is  indispensable 

*  Professor  Ross  has  brought  out  this  limitation  to  marginal  utility  Talue  in  "  The 
^otal  Utility  SUndard  of  Deferred  Paymenta,"  AmrALS  vol.  iv,  p  425,  Nor.,  1893. 

[523] 


64  Annai^  of  the  American  Academy. 

for  the  fruitfulness  of  the  other.  It  is  true  that  capital  and 
labor  as  a  whole  are  thus  mutually  dependent,  but  labor  and 
capital  do  not  bargain  with  each  other  as  a  whole.  The  use 
of  either  capital  or  labor  is  valued  in  the  open  market  accord- 
ing to  its  marginal  uses,  no  less  truly  than  it  would  be  if 
their  activities  were  quite  independent  of  each  other. 

(5)  Menger's  division  of  economic  goods  into  ranks  is  an 
impediment  rather  than  a  help  to  a  clear  understanding  of 
the  process  of  value  formation.  Menger's  conception  is 
adopted  by  the  other  Austrians  and  is  well  known.  Goods 
of  the  first  rank  are  those  ready  for  consumption,  such  as 
bread  and  clothing.  Their  utility  is  the  source  of  all  value 
and  is  reflected  back  to  goods  of  the  second  rank,  such  as 
flour  and  cloth,  and  so  on  to  goods  of  more  remote  ranks,  as 
wheat,  land,  plows,  iron.  It  is  evident  that  the  series  could 
be  extended  back  quite  indefinitely.  This  division  into  ranks 
would  doubtless  be  a  very  important  matter  if  it  were  only 
true  that  each  commodity  belonged  to  some  particular  rank,. 
but  as  a  matter  of  fact  there  is  hardly  a  commodity  in  gen- 
eral trade  but  what  has  different  uses  which  would  make  it 
belong  at  the  same  time  to  an  indefinite  number  of  ranks. 
The  effect  upon  the  price  of  salt  is  exactly  the  same  whether 
a  given  demand  is  for  direct  consumption,  for  use  in  cook- 
ing, or  for  use  in  some  remote  manufacturing  process.  In 
every  case,  sb  far  as  economic  life  is  well  organized,  the  use 
of  a  commodity  is  extended  in  all  ranks  till  the  common 
marginal  utility  is  reached.* 

To  sum  up  the  criticism  of  Wieser's  theory  of  imputation 
I  should  say  that  he  has  introduced  many  perplexing  and 
useless  complications  in  an  attempt  to  explain  a  process  which 
in  its  outline  is  simple  and  easily  understood.  The  essential 
fact  that  lies  at  the  bottom  of  Wieser's  arguments  has  already 

•I  would  not  underegtimate  the  importance  of  Menger's  observation  that  all 
prodoction  goods  derive  their  value  from  the  consumption  goods  for  the  cotisump- 
tion  OMs)  which  arc  expected  from  them.  That  observation  is  essential  to  an  un- 
derstanding of  economic  life,  but  the  supposed  arrangement  of  goods  in  ranks. 
only  makes  it  more  difficult  to  apply  the  theory  of  value  to  actual  conditions. 

[524] 


Wieser's  Natural  Value.  65 

been  given.  The  general  values  of  the  elements  of  produc- 
tion are  derived  from  the  utility  of  the  elements  and  tend  to 
equal  their  respective  marginal  utilities.  It  naturally  follows 
under  a  system  of  private  property  and  free  competition,  that 
any  one  whose  ability  or  whose  possessions  enable  him  to 
supply  many  services  or  services  which  have  a  high  marginal 
utility  will  therein  be  enabled  to  secure  a  large  income. 

In  applying  his  theory  of  imputation  to  the  leading  factors 
of  production — land,  labor  and  capital — Wieser  brings  out 
many  interesting  distinctions  and  ofifers  some  valuable  criti- 
cisms. His  treatment  of  capital  demands  attention  on  ac- 
count of  its  relation  to  Bohm-Bawerk's  more  extended  work. 
Discarding  the  idea  that  the  average  man  desires  to  provide 
for  the  present  at  the  expense  of  the  future,  Wieser  seems  to 
find  the  cause  of  interest  in  the  producti\'ity  of  capital.  By 
imagining  a  number  of  cases  of  the  use  of  capital  in  varying 
degrees,  and  supposing  the  contribution  due  to  capital  to  be 
ascertained  by  solving  the  equations  which  the  difierent  cases 
furnished,  our  author  concludes  that  when  the  co-operation 
of  capital  is  an  element  of  production  a  part  of  the  value  of 
the  product  is  to  be  imputed  to  the  use  of  the  capital,  and 
that  the  amount  to  be  so  imputed  will  vary  directly  with  the 
amount  of  capital  involved  and  the  period  of  time  for  which 
it  is  withdrawn  from  other  uses.  That  the  use  of  capital 
does  yield  such  a  surplus  value  no  one  can  doubt.  It  can 
only  be  regretted  that  Wieser  has  not  done  more  to  show  us 
why  it  is  so.  He  does  not  recognize  the  simple  fact  that 
while  longer  processes  of  production  give  larger  returns,  ab- 
stinence from  present  consumption  is  limited  by  the  pressure 
of  present  wants  so  that  the  marginal  utility  of  waiting  is 
appreciably  high. 

Wieser  and  Bohm-Bawerk  differ  in  their  methods  of  ap- 
proaching the  interest  problem  rather  than  in  the  solution 
itself.  Bohm  approaches  the  problem  through  the  observa- 
tion that  interest  implies  a  difference  in  value  between  present 
and  future  goods.     He  seems  to  think  that,  as  a  rule,  future 

[525] 


66  Annai^  of  the  American  Academy. 

wants  also  are  discounted  in  the  present.  The  former  prop- 
osition cannot  be  doubted,  but  the  latter  is  denied  by  Wieser 
and  is  certainly  open  to  question;  furthermore,  it  is  by  no 
means  essential  to  Bohm's  theory.  While  holding  present 
and  future  wants  in  equal  estimation  one  may  assign  a  higher 
value  to  present  goods*  on  account  of  the  increase  which 
could  be  obtained  from  them,  or  as  Bohm  would  say,  on 
account  of  the  technical  superiority  of  present  goods.  Though 
a  hundred  dollars'  worth  of  enjoj^ment  next  year  or  this  year 
were  equally  desired,  one  would  undoubtedly  prefer  to  have 
the  hundred  dollars  at  once,  because  as  a  matter  of  fact  we 
know  that  the  hundred  dollars  could  be  so  invested  as  to 
yield  an  extra  five  dollars  by  next  year.  The  difference  in 
value  between  present  and  future  goods  is  a  necessary  feature 
but  not  an  explanation  of  interest  payments.  Both  Bohm 
and  Wieser  depend  for  their  solutions  of  the  interest  problem 
upon  the  service  of  capital  in  industry.  Bohm  thus  ac- 
counts for  the  higher  value  of  present  goods,  while  Wieser 
considers  the  productive  contribution  imputable  to  capital  as 
the  direct  cause  of  interest. 

Having  expounded  his  method  of  imputing  the  return 
from  production  to  the  different  contributing  services,  Wieser 
next  takes  up  the  relation  between  the  value  of  the  services 
of  permanent  goods,  such  as  land  and  fixed  capital,  and  the 
value  of  the  goods  themselves.  The  ordinary  principle  of 
capitalization  is  found  to  be  correct. 

The  book  entitled  **The  Natural  Cost  Value  of  Products," 
is  especially  strong  and  acquits  the  Austrians  of  the  frequent 
charge  that  they  do  not  recognize  the  influence  of  cost  upon 
the  value  of  products.  Unlike  the  classical  economists,  how- 
ever, Wieser  takes  the  ground  that  when  all  the  costs  are 
reckoned  they  equal,  under  natural  conditions,  the  value  of 
the  product.     The  difference  between  the  two  views  is  a 

•  By  present  goods  I  mean  goods  at  hand  as  contrasted  with  goods  to  be  had  In 
the  future.  The  use  of  the  term  present  goods  to  denote  goods  ready  for  con- 
Munption  in  contrast  with  production  goods  is  confusing. 

[526] 


I 


WiESER^s  Natural  Value.  67 

matter  of  terminology.  There  is  no  agreement  between 
economists  or  business  men  as  to  where  the  line  shall  be 
drawn  between  costs  and  profits.  Hired  labor  is  perhaps 
always  included  in  cost,  but  the  entrepreneur's  services,  the 
use  of  capital  and  the  use  of  valuable  land  and  other  natural 
resources  are,  as  a  rule,  altogether  or  in  part  omitted.  Wieser 
includes  all  such  services  under  costs  and  thus  leaves  for 
profits  only  the  fortuitous  and  temporary  gains  that  arise  from 
economic  changes.  He  recognizes  that  the  available  supply 
of  capital,  of  exceptional  talent,  of  rich  mines,  or  of  favor- 
ably located  land  is  limited;  and  if  the  best  results  are  to  be 
obtained  from  our  productive  forces,  whether  we  take  the 
social  or  the  individual  standpoint,  the  use  of  these  produc- 
tive powers  must  not  be  wasted.  They  must  not  be  assigned 
to  a  given  line  of  action  without  counting  the  cost.  The 
whole  discussion  is  replete  with  valuable  suggestions. 

One  other  point  is  made  so  prominent  that  it  ought  not  to 
be  overlooked  here;  namely,  that  while  the  recognition  of  the 
services  of  land  and  capital  as  a  part  of  the  cost  of  produc- 
tion, refutes  the  socialist's  claim  that  value  is  due  to  labor 
alone,  and  accounts  for  rent  and  interest,  it  does  not  prove  any- 
thing either  for  or  against  the  justice  or  expediency  of  allow- 
ing these  sources  of  value  to  become  sources  of  private  income. 

The  last  few  pages  of  Wieser' s  book  contain  a  very  brief 
application  of  the  theor>'  of  subjective  value  to  the  economy 
of  the  State.  Taxation  in  proportion  to  wealth  condition  is 
justified  on  the  ground  that  every  one  thus  would  contribute 
an  equal  amount  of  subjective  value.  Yet  Wieser  maintains, 
in  opposition  to  Sax,  that  a  more  strictly  economic  distribution 
of  the  burdens  of  taxation  would  place  them  all  upon  the  rich, 
for  thus  the  total  sacrifice  would  be  reduced  to  a  minimum. 

In  respect  to  amount  of  taxation  or  of  expenditure  through 
the  State,  the  principle  is  taken  from  Sax  that  the  line 
should  be  drawn  at  the  point  of  greatest  return.  ' '  If  the 
State  should  claim  too  much,  it  diminishes  value  by  ex- 
pending goods  for  purposes  of  State  economy  which  would 

[527] 


68  Annai^  of  thk  American  Academy. 

have  a  higher  value  if  employed  in  private  economy.  If  it 
claims  too  little,  value  is  again  diminished — as  in  this  case 
also  the  entire  importance  of  the  goods  is  not  realized,"* 
The  special  field  for  State  activity,  however,  is  fotmd  along 
three  lines:  ( i )  when  only  collective  action  would  guarantee 
suflScient  power;  (2)  when  the  benefits  of  an  enterprise 
would  be  so  diffused  that  it  would  prove  unprofitable  in 
private  hands;  and  (3)  in  enterprises  which  are  natural 
monopolies  carrying  with  them  powers  that  would  not  be 
safely  vested  in  private  hands. 

On  closing  Wieser's  book  which  has  "attempted  to  ex- 
haust the  entire  sphere  of  the  phenomena  of  value, ' '  one 
naturally  pauses  to  consider  whether  any  important  phase 
of  the  subject  has  been  passed  without  notice.  There  is  little 
difficulty  in  finding  such  omissions. 

The  treatment  of  value  as  a  development  fi-om  utility 
naturally  throws  emphasis  upon  demand,  and  thus  contrasts 
with  the  cost  theory,  which  finds  the  decisive  element  in 
value  formation  upon  the  side  of  supply.  Wieser's  extended 
treatment  of  the  effect  of  cost  of  production  upon  the  supply 
and  through  supply  upon  the  value  of  products  fi-ees  the 
Austrians  from  the  charge  of  having  neglected  the  considera- 
tion of  supply.  Yet  it  will  be  noticed  that  Wieser  only 
attempts  to  account  for  the  supply  of  products.  The  impor- 
tant question  that  the  Austrians  have  neglected  is, — What  are 
^  r  the  forces  which  fix  the  supply  of  the  elements  of  production  ? 
I  Granting  that  we  have  a  definite  supply  of  the  elements  of 
production,  the  Austrian  theory  gives  us  the  best  method  of 
accounting  for  the  value  of  goods,  but  it  will  not  do  to  take 
this  supply  for  granted.  The  supply  of  none  of  these  ele- 
ments is  fixed  independently  of  man's  volition.  The  amount 
of  available  land  might  be  increased  by  migration  or  by 
transportation  facilities.  The  supply  of  labor  of  all  grades 
could  be  increased,  for  the  time  at  least,  by  working  harder, 
and  labor  could  be  transferred  from  one  g^ade  to  another  by 

•  ••  Natnral  V»lue,"  p.  335. 

[528] 


Wieser's  Naturai,  Vai«ue.  6^ 

education.  Capital  could  be  increased  by  saving  more.  The 
principles  which  determine  the  supply  of  these  elements  of 
production  must  form  a  part  of  any  complete  theory  of  value. 

A  second  field  of  inquiry,  important  to  the  theory  of  value 
but  neglected  by  our  author,  is  that  which  embraces  the  pro- 
ducts and  services  of  monopolies.  In  drawing  a  contrast 
between  monopoly  goods  and  cost  goods  Wieser  thus  de- 
scribes the  former  class:  * 

Characteristic  of  this  group  is  the  comparative  rarity  of  such  goods 
as  compared  with  the  demand  for  them,  or,  it  may  be,  the  compara- 
tively small  quantity  that  can  be  produced.  As  examples  of  goods 
■which  have  pronouncedly  the  character  of  monopoly  may  be  men- 
tioned the  following:  Scarce  raw  materials,  land  exceptionally  situated, 
the  work  of  one  peculiarly  gifted— particularly  an  artist  or  scientific 
worker  of  the  highest  rank, — a  secret  and  at  the  same  time  successful 
process  (or,  more  exactly,  the  exclusive  knowledge  of  such  a  process, 
whereby  the  persons  who  have  it  obtain  a  preference  over  others),  and, 
finally,  works  of  human  hands,  which,  on  account  of  their  size,  or  on 
account  of  technical  difl5culties,  cannot  be  repeated. 

We  can  hardly  say  that  Wieser  is  wrong  in  the  definition 
of  monopoly  which  this  passage  gives,  for  there  is  no  agree- 
ment among  economic  writers  in  the  use  of  the  term,  but  it 
seems  at  least  more  appropriate  to  use  the  word  monopoly  to 
designate  an  industry  or  the  condition  of  an  industry  which 
is  under  a  single  management  to  such  an  extent  that  the 
amotmt  of  the  output  or  the  price  of  the  product  or  service 
is  not  subject  to  the  forces  of  competition.  Under  free  com- 
petition the  amount  and  the  price  of  the  product  is  closely 
limited  by  the  competitive  forces,  but  under  monopoly  the 
output  and  the  price  are,  within  comparatively  wide  limits, 
under  the  dictation  of  the  management.! 

In  this  sense  there  is  no  general  monopoly  of  land  or  of 
skill,  for  land-owners  compete  with  each  other,  and  so  do 

*  "  Natural  Value,"  p.  io8. 

*  It  may  be  observed  that  monopoly  is  a  matter  of  degrees.  No  enterprise  i» 
entirely  free  from  the  limitations  of  competition,  and  every  form  of  private  prop- 
erty has  an  element  of  monopoly.  As  with  all  natural  groups  the  lines  of  division 
cannot  be  definitely  drawn  between  monopolies  and  competitive  industries,  yet 
the  general  characteristics  of  the  two  groups  are  evident. 

[529] 


70  Annals  of  the  American  Academy. 

skilled  laborers.  Rents  and  wages  are  fixed  for  the  most 
part  by  competitive  forces,  while  the  prices  of  such  common 
and  cheap  products  as  sugar  and  petroleum  seem  to  be  largely 
under  the  dictation  of  monopolies.  Wieser's  treatment  of 
monopoly  goods  corresponds  with  his  definition.  He  accounts 
for  the  high  value  of  goods  that  are  useful  and  scarce  through 
the  principle  of  marginal  utility,  but  he  fails  to  consider  th^ 
real  monopolies.  It  is  not  the  marginal  utility  of  car  rides 
that  fixes  the  fare  at  five  cents,  nor  is  it  the  marginal  utility 
of  a  patented  invention  that  determines  its  selling  price. 
Where  a  product  or  a  service  is  controlled  by  a  strict  mo- 
nopoly either  the  supply  is  limited  arbitrarily  or  the  price  is 
esCablished  first  and  then  the  use  of  the  article  is  extended  till 
the  marginal  utility  reaches  the  arbitrary'  price.  In  such 
cases  the  price  determines  the  margin  of  use  instead  of  the 
marginal  utility  determining  the  price.  The  Austrian  for- 
mula certainly  does  not  apply  here,  but  the  action  of  monop- 
olies is  not  without  system  and  the  rules  which  prevail  in 
the  establishment  of  monopoly  prices  are  of  increasing  im- 
portance to  the  theory  of  value. 

A  third  shortcoming  in  the  work  of  the  Austrian  econo- 
mists lies  in  the  fact  that  economic  theory  is  not  to  be  con- 
fined to  an  explanation  of  values.  Professor  Macvane* 
justly  complains  that  they  seem  to  have  no  idea  of  subjec- 
tive cost.  A  clear  and  correct  theory  of  value  is  a  matter  of 
immense  practical  importance,  but  after  all  the  end  of  econ- 
omic action  is  utility  rather  than  value,  and  the  success  of  a 
ation's  economy  is  to  be  found,  not  in  the  value  of  its  pos- 
ssions,  but  in  their  utility,  in  the  privileges  for  enjoyment 
. , — d  development  compared  with  the  discomforts  required  for 
\  securing  these  privileges.  Pain-cost  must  be  compared  with 
total  utiUty,  rules  must  be  formed  for  increasing  the  surplus 
of  utility,  and  the  forces  which  determine  the  distribution  of 
this  surplus  must  be  made  clear  to  the  end  that  the  progress 

of  the  race  may  be  promoted.  ^  ^   ^ 

M^  .,  ve^  ,  ,0     .  David  I.  Green. 

Hartford  School  of  Sociology. 
•  Quarterly JoMmal of  Economics,  April,  1893;  and  ANltAi,s,vol.  iv,  p.  348,  Not.  1893. 


MONEY  AND  BANK  CREDITS  IN  THE 
UNITED  STATES. 

Money  is  the  medium  of  exchange.  It  makes  no  difference 
whether  it  is  made  of  paper,  gold,  silver  or  other  material, 
no  matter  whether  it  represents  gold,  silver,  labor  or  some 
imaginary  value ;  the  medium  of  exchange,  that  for  which 
everything  is  bought  and  sold,  is  money.  Money  is  some- 
times said  to  be  the  standard  of  value,  as  the  yard  is  the 
standard  of  length,  but  this  is  a  misconception,  and  has  led 
to  many  errors.  The  standard  of  value  may  be  an  ounce  of 
gold,  a  pound  of  silver,  a  bushel  of  wheat,  an  hour's  labor, 
while  coincidentally,  money  may  be  composed  of  paper  or 
any  metal,  so  long  as  it  represents  the  standard  of  value  or 
some  multiple  or  fraction  thereof.  That  it  must  represent 
the  standard  of  value  is  plain.  By  definition,  the  standard 
of  value  is  the  basis  of  exchange;  so,  evidently,  the  medium 
of  exchange  must  be  either  such  standard  or  its  representa- 
tive. 

The  standard  of  value  in  this  country  at  present  is  23.22 
grains  of  pure  gold.  The  money  consists  of  paper  and 
various  metals.  In  the  case  of  the  gold  dollar,  the  standard 
of  value  and  medium  of  exchange  are  identical,  but  the  gold 
dollar  is  but  one  of  the  various  forms  of  money  in  use. 

Bearing  this  distinction  in  mind,  the  essential  characteris- 
tics of  money  are:  first,  that  it  should  represent  the  standard 
of  value;  second,  that  it  should  be  sufi&cient  in  amount  to 
supply  the  needs  of  business;  third,  that  it  should  be  elastic. 
The  essentials  of  the  standard  of  value  are  radically  different. 
They  are:  first,  it  should  be  as  fixed  as  possible  in  value; 
second,  it  should  be  capable  of  being  used  as  money;  third, 
it  should  be  sufficient  in  amount  to  act  as  a  basis  for  money. 
Of  course  since  money  represents  the  standard  of  value,  if 

[53t] 


72  Annaxs  of  the  American  Academy. 

the  standard  is  bad,  lacking  any  of  its  essential  characteris- 
tics the  money  based  thereon  cannot  possibly  be  good.  But 
no  matter  what  the  standard  may  be,  money  in  order  to  be 
the  best  possible  based  on  such  standard,  must  possess  the 
above  mentioned  characteristics.  In  discussing  the  money 
question,  therefore,  it  is  not  necessary  to  bring  in  the  matter 
of  standard,  since  independent  of  the  standard,  the  system 
of  money  may  be  good  or  bad  in  itself. 

For  convenience,  however,  this  paper  is  written  with 
special  reference  to  the  present  standard,  but  the  general 
principles  herein  outlined  would  be  just  as  applicable  to  either 
a  silver  or  a  bimetallic  standard. 

The  first  essential  of  money  is  that  it  should  represent 
the  standard  of  value;  at  present,  therefore,  every  dollar 
whether  composed  of  paper,  silver  or  gold,  must  represent 
23.22  grains  of  gold.  This  does  not  necessitate  the  existence 
of  such  gold  for  every  dollar  in  circulation,  but  experience 
proves,  and  common  knowledge  now  recognizes,  that  it  does 
require  the  ability  to  obtain  such  gold  for  every  and  any 
dollar  whenever  desired.  If  at  any  time  the  people  become 
doubtful  of  the  redemption  of  a  dollar  in  gold,  that  dollar 
immediately  loses  its  representative  and  assumes  a  specula- 
tive character  and  value. 

In  order  that  this  confidence  should  exist,  it  is  necessary 
that  some  person  or  corporation  should  hold  itself  out  as 
ready  to  redeem  such  dollar;  that  such  person  or  corporation 
should  be  able  so  to  do,  and  that  people  shotdd  have  abso- 
lute confidence  in  such  purpose  and  ability.  In  order  to 
create  confidence  in  such  purpose  to  redeem  such  issue,  it  is 
necessary  that  the  issuer  thereof  should  be  the  government, 
and  such  purpose  its  established  policy,  or  else  a  banking 
institution  with  such  redemption  required  by  law.  In  order 
to  create  confidence  in  ability  to  redeem,  if  issued  by  govern- 
ment, its  credit  must  be  good  and  it  must  have  the  gold 
reserve  recognized  by  bankers  as  sufficient;  if  issued  by 
a  banking  institution,    in   addition   to  such  requirements, 

[532] 


Money  and  Bank  Credits.  73 

there  must  be  back  of  such  issue  a  sufl&cient  guarantee  or 
security. 

As  regards  the  gold  reserve  necessary  to  sustain  govern- 
ment notes,  the  financial  world  apparently  assumes  fifteen 
per  cent  of  the  issue  to  be  suflScient.  That  fifteen  per  cent 
is  suflScient,  provided  the  policy  of  redemption  in  gold  is 
established,  the  present  condition  of  the  United  States  Treas- 
ury proves.  There  is  outstanding  in  paper  money  and  coin 
issued  by  the  United  States,  exclusive  of  gold  and  gold  cer- 
tificates, about  ten  hundred  million  dollars,  and  there  is  a 
reserve  of  less  than  one  hundred  million  dollars  of  firee  gold 
to  sustain  this  issue.  This  is  less  than  ten  per  cent,  and 
should  be  increased,  but,  nevertheless,  now  that  the  policy  of 
the  United  States  has  been  established  by  the  repeal  of  the 
Sherman  Act,  there  is  no  doubt  as  to  the  value  of  this 
money,  and  the  mercantile  world  and  people  generally  have 
absolute  confidence  in  it. 

There  is  at  present  in  the  treasury  in  addition  to  this  free 
gold,  something  less  than  one  hundred  million  dollars  in 
gold,  against  which  there  are  outstanding  gold  certificates. 
If  these  certificates  were  converted  into  notes  merely  redeem- 
able in  gold,  we  should  then  have  over  one  hundred  and  fifty 
million  dollars  of  free  gold  in  the  treasury,  as  a  reserve 
against  the  money,  not  gold  or  gold  certificates,  issued  by 
the  United  States. 

I  omit  all  reference  to  silver  held  by  the  treasury,  since, 
not  being  the  standard  of  value,  and  therefore  not  at  present 
available  for  the  redemption  of  the  currency,  it  is  of  no  value 
except  as  assets  increasing  the  credit  of  the  government;  it 
would,  however,  become  immediately  available  as  a  reser\^e 
if  bimetallism  should  be  adopted.  The  currency  of  the 
United  States  would  evidently  be  safe  beyond  cavil,  even  in 
times  of  great  financial  uncertainty,  if  it  should  be  the  estab- 
lished policy  of  the  government  to  keep  continuously  on 
hand  in  the  treasury  approximately  two  hundred  million 
dollars  of  free  gold  for  its  redemption;  one  hundred  and  fifty 

[533] 


74  Annals  of  the  American  Academy. 

milliou  dollars  thereof  being  set  aside  by  law  to  be  used  for 
such  purpose  and  for  no  other,  and  the  Secretary  of  the 
Treasury  being  authorized  and  empowered  at  any  time  when 
such  fund  should  fall  below  one  hundred  million  dollars  to 
issue  short  term  gold  bonds  of  the  United  States  to  an  extent 
not  to  exceed  fifty  million  dollars  for  the  purpose  of  restoring 
it.  It  should  be,  as  it  is,  the  policy  of  the  government  to 
increase  the  free  gold  in  the  treasury  held  for  redemption 
purposes  as  rapidly  as  possible  until  it  shall  reach  one  hun- 
dred and  fifty  million  of  dollars. 

In  order  to  facilitate  this  end,  the  further  issue  of  gold  cer- 
tificates should  be  prohibited  by  law,  and  when  the  certifi- 
cates now  outstanding  are  returned  to  the  treasury,  they 
should  be  canceled,  and  treasury  notes  redeemable  in  gold 
issued  instead,  for  so  long  as  gold  can  be  obtained  on  demand 
for  treasury  notes,  these  gold  certificates  are  of  no  special 
utility  in  the  financial  world,  and  diminish  the  amount  of 
free  gold  held  by  the  United  States.  The  adoption  of  this 
law  might  well  result  in  the  increase  of  the  gold  reserve.  It 
is  probably  expedient,  however,  to  issue  gold  bonds  for  this 
purpose. 

It  is  of  course  desirable  that  the  present  policy  of  the  gov- 
ernment to  redeem  all  its  notes  in  gold  should  be  confirmed 
by  law.  As  already  stated,  there  are  outstanding  govern- 
ment notes  and  silver  to  the  extent  of  about  ten  hundred 
million  dollars;  in  addition  to  this,  there  is  also  in  circula- 
tion gold  and  gold  certificates  to  the  estimated  amount  of 
about  five  hundred  million,  making  the  total  amount  of 
money  in  circulation  issued  directly  by  the  government,  exclu- 
sive of  that  in  the  treasury,  over  fifteen  hundred  million  dollars. 

This  money  at  present  possesses  the  first  essential  of 
good  money,  it  represents  the  standard  of  value,  and  by  the 
adoption  of  some  such  measures  as  above  suggested,  such 
character  can  be  easily  and  permanently  maintained,  even  if 
it  should  become  necessary  in  the  future  to  increase  the 
amount  of  issue. 

[534] 


MoNBY  AND  Bank  Credits.  75 

As  for  the  second  characteristic  of  money,  namely,  its 
sufficiency  to  supply  business  needs,  this  issue  is  insufl&cient, 
but  as  it  entirely  lacks  elasticity,  there  is  probably  as  much 
of  it  as  it  is  desirable  to  have.  The  absence  of  elasticity  is 
characteristic  of  any  money  issued  directly  by  the  govern- 
ment, for  the  reason  that  there  is  no  method  of  withdrawing 
such  money  from  circulation,  unless  voluntarily  returned  by 
the  holders,  nor  is  there  any  method  of  expanding  the  issue 
except  by  committing  such  expansion  to  the  discretion  of 
some  officer  of  the  government, — an  objectionable  plan. 

In  order  that  the  currency  should  be  properly  elastic,  it 
should  expand  and  contract  automatically  in  response  to  the 
financial  needs  of  the  country.  This  quality  can  never  be 
possessed  by  money  issued  by  the  government.  Therefore, 
in  order  that  the  money  of  this  country  should  possess  the 
necessary  elasticity,  the  government  issue  should  be  supple- 
mented by  some  other  form  of  currency.  In  view  of  this 
fact,  it  would  be  imwise  at  this  time  to  increase  the  amount 
of  this  money,  it  being  now  almost  sufficient  to  supply  the 
needs  of  the  country,  and  leaving  but  a  comparatively  small 
margin  for  the  supplementary  currency  necessary  to  give 
elasticity  to  the  whole. 

The  only  other  form  of  money  is  the  bank  note.  In  order 
that  these  notes  should  represent  gold,  it  is  not  necessary 
that  they  should  be  payable  in  gold  by  the  banks  upon 
demand;  it  is  sufficient  if  they  be  payable  in  the  notes  of 
the  United  States  which  are  immediately  convertible  into 
gold;  provided,  of  course,  that  upon  failure  of  the  bank  to 
redeem,  they  become  treasury  notes,  and  therefore  them- 
selves redeemable  in  gold  by  the  government. 

As  for  the  reserve  necessary  to  be  held  by  the  banks  for 
their  redemption,  as  there  is  no  likelihood  that  any  large 
number  will  be  presented  for  redemption  at  one  time,  there 
is  no  occasion  for  a  large  reserve.  The  present  legal  reserve 
of  from  fifteen  per  cent  to  twenty-five  per  cent  of  legal 
tender  notes  of  the  United  States,  has  been  found  sufficient 

[535] 


76  Annals  of  the  American  Acadkmy. 

But  what  is  required,  is  reasonable  certainty  as  to  solvency, 
and  protection  against  possible  insolvency  of  the  issuing 
bank.  It  is  only  in  the  latter  case  that  the  responsibility  for 
such  notes  falls  upon  the  government,  and  therefore  upon  its 
reserve  of  gold.  With  a  proper  banking  system,  therefore,  a 
gold  reserve  of  one  hundred  and  fifty  million  dollars  is  suffi- 
cient to  support  not  only  the  present  government  issue  but 
bank  notes  to  a  very  large  amount  based  thereon;  and  as 
there  is  over  five  hundred  million  dollars  of  gold  in  this 
country  and  a  large  annual  output,  there  should  be  no  diffi- 
culty in  maintaining  such  reserve.  The  difficulty  is  not 
to  provide  sufficient  money,  but  to  make  it  elastic.  Our 
national  banking  system  has  ceased  to  fulfill  its  function  of 
providing  a  circulating  medium,  and  it  never  did  provide 
a  sufficiently  elastic  one.  At  one  time,  now  past,  when 
owing  to  the  higher  rates  of  interest  borne  by  government 
bonds,  it  paid  the  banks  to  issue  currency,  it  provided  a  safe 
circulation,  but  since  such  circulation  could  not  be  increased 
except  by  the  deposit  of  additional  securities,  its  expansion 
was  most  difficult  when  most  needed,  during  times  of  finan- 
cial stringency.  The  issue  being  further  hampered  by  the 
difficulty  of  promptly  providing  the  notes  themselves.  At 
present,  however,  owing  to  the  low  rate  of  interest  and  high 
premium  on  government  bonds,  the  issue  of  money  is  un- 
profitable to  the  banks,  and  the  circulation  has  a  tendency  to 
decrease.  The  national  banking  system  therefore  should  be 
modified  so  as  to  overcome  these  difficulties. 

In  this  connection,  it  has  been  suggested  by  bankers  that 
no  security  for  bank  notes  is  necessary  and  none  be  required, 
as  where  security  is  required  elasticity  is  impossible.  The 
history  of  our  national  banks  shows  that  with  a  bank  circu- 
lation limited  to  the  amount  of  the  capital,  an  annual  tax  of 
one  per  cent  has  more  than  sufficed  to  redeem  the  circulating 
notes  of  all  the  banks  that  have  failed  during  the  past  thirty 
years,  and  therefore  it  is  claimed  the  government  would  be 
safe  in  authorizing  such  issue  upon  such  conditions.     But 

[536] 


Money  and  Bank  Credits.  77 

the  conclusion  is  neither  logical  nor  necessary.  How  can  it 
be  known  that  the  mere  authorization  of  such  issue  would 
not  give  an  impetus  to  wild-cat  banking  tliat  would  lead  to 
serious  loss  ?  Certainly,  it  cannot  be  assumed  that  the  results 
would  be  the  same,  the  conditions  being  changed.  On  the 
contrary,  the  profits  of  such  circulation  would  be  so  large, 
that  probably  banks  would  be  organized  for  the  express  pur- 
pose of  obtaining  the  benefit  thereof,  which  would  result  in 
an  inflation  of  currency  and  of  credit,  with  all  its  resulting 
evils  of  a  crisis,  bank  failures  and  depression.  Nor  is  it  cer- 
tain that  the  desired  elasticity  would  be  attained.  The  tend- 
ency wotdd  be  for  the  banks  to  issue  their  full  quota  of 
currency  without  delay,  leaving  no  opportunity  for  further 
expansion  in  case  of  stringency.  It  is  evident,  therefore, 
not  only  for  the  security  of  the  currency,  but  to  prevent  an 
imdue  expansion  thereof,  and  to  protect  the  banking  system, 
that  security  must  be  required  for  the  normal  bank  issue. 
Nevertheless,  the  objection  is  well  taken  that  the  absolute 
necessity  of  security  prevents  elasticity.  Logically,  there- 
fore, provision  should  be  made  for  an  additional  bank  issue 
under  exceptional  circumstances  without  additional  security, 
care  being  taken  that  this  increase  should  be  automatically 
limited  to  times  of  special  stringency  and  that  the  stringency 
having  passed,  it  should  automatically  withdraw  itself. 

But  first  should  be  considered  the  securities  to  be  required 
for  the  normal  issue.  At  present  the  total  national  bank 
issue  is  about  two  hundred  million  dollars,  and  this  may  be 
expected  to  diminish  as  it  is  greater  than  normal  owing  to 
the  late  panic.  Each  bank  is  at  present  authorized  to  issue 
notes  to  the  extent  of  its  capital,  which  is  by  some  thought 
to  include  surplus  and  undivided  profits.  The  total  capital 
of  the  banks  is  at  present  about  seven  hundred  millions. 
The  surplus  and  undivided  profits  increase  this  amount  to 
over  one  thousand  millions.*  Although  it  is  necessary  that 
provision  be  made  for  an  increased  bank  circulation,  both 

•  Comptroller's  Report,  1893,  P«  4- 

[537] 


78  Annai^  of  the  American  Academy. 

ordinary  and  extraordinary,  there  is  no  present  need  for  any 
such  amount  as  this  and  probably  will  not  be  for  some  time, 
especially  as  the  issue  authorized  by  law  increases  with  the 
banking  capital.  It  would  probably  be  sufi&cient  if  the 
banks  were  authorized  under  normal  conditions  to  issue  their 
notes  to  the  extent  of  one-half  of  their  capital,  surplus  and 
undivided  profits,  the  conditions  of  such  issue  being  made 
favorable  rather  than  almost  prohibitive  as  at  present.  This 
would  authorize  a  normal  circulation  of  something  over  five 
hundred  millions  of  dollars,  at  the  same  time  leaving  room 
for  an  expansion  under  exceptional  circumstances  to  double 
this  amount,  without  the  circulation  of  any  bank  at  any 
time  exceeding  its  capital,  surplus  and  undivided  profits. 
But  this  normal  issue  of  five  hundred  million  dollars  requires 
a  deposit  of  securities  of  an  even  larger  amount.  Since 
United  States  bonds  no  longer  answer  this  purpose,  securities 
must  be  looked  for  elsewhere,  their  essential  characteristics 
to  be  strength,  value  and  marketability.  As  the  selection  of 
such  securities  can  not  wisely  be  left  to  the  discretion  of 
any  one,  conditions  must  be  found  which  being  required  of 
the  securities,  will  insure  their  possession  of  these  qualities 
without  affording  any  opportunity  for  discrimination  on  the 
part  of  any  officer  of  the  government.  Public  securities 
should  be  utilized  as  far  as  possible,  not  only  because  their 
value  is  more  fixed  and  determined,  but  also  because  the  in- 
creased market  therefor  would  be  to  the  public  benefit. 

Outside  of  the  United  States  and  District  of  Columbia 
bonds,  the  principal  forms  of  public  securities  are  State, 
territory,  county  and  municipal  bonds.  With  regard  to 
State  and  territory  bonds,  the  provision  of  the  New  York 
savings  bank  investment  law,*  that  there  should  have  been 
no  default  in  the  payment  of  either  principal  or  interest 
thereon  during  the  preceding  ten  years,  recommends  itself. 
With  regard  to  county  and  municipal  bonds,  the  same 
provision,  with  the  additional  limitation  to   the  bonds  of 

•  Revised  SUtutes,  N.  Y.,  p.  1568. 

[538] 


Money  and  Bank  Credits.  79 

corporations  of  at  least  10,000  population,  whose  debt  does 
not  exceed  ten  per  cent  of  assessed  valuation,  seems  to  be 
suflficient.  Provisions  of  this  character  are  found  in  the 
savings  bank  investment  laws  of  various  States.  But  the 
total  amount  of  State,  territory,  county  and  municipal  bonds 
filling  these  requirements  is  largely  under  one  thousand 
million  dollars,  probably  does  not  equal  seven  hundred 
million,  so  there  is  not  a  sufiScient  amount  thereof  available 
at  a  profitable  price. 

Having  exhausted  public  securities,  we  come  to  those 
most  nearly  resembling  them — railroad  bonds.  Railroads 
being  public  corporations  are  subject  to  State  control,  and 
their  interest  is  to  a  great  extent  public  interest.  But  can 
conditions  be  imposed  which  will  satisfactorily  insure  their 
fixed  and  permanent  value.  The  provision  of  the  savings 
bank  investment  law  of  Connecticut  *  controlling  such  in- 
vestments seems  to  be  good.  This  law  permits  investments 
only  in  the  first  mortgage  or  consolidated  bonds  of  such  rail- 
roads as  have  paid  at  least  five  per  cent  dividends  on  their 
stock  for  each  of  the  five  preceding  years.  This  require- 
ment would  seem  to  be  entirely  sufi&cient.  This  is  strik- 
ingly evident  by  a  statement  published  in  the  "Investors* 
Supplement  "  of  the  Financial  and  Commercial  Chronicle  of 
January  27,  1894,  which  shows  the  dividends  paid  in  each 
of  the  last  seven  years,  1887  to  1893,  both  inclusive,  on  all 
steam  railroad  stocks  sold  at  the  Stock  Exchanges  in  New 
York,  Boston,  Philadelphia  and  Baltimore.  The  statement 
covers  some  156  roads  and  systems,  including  the  principal 
lines  in  this  country.  Of  these  some  sixty-two  paid  five 
successive  five  per  cent  dividends  from  1887  to  1893,  and 
their  bonds  would,  therefore,  have  been  acceptable  as  secu- 
rity under  this  provision.  Not  a  single  one  of  these  lines, 
as  far  as  can  be  discovered,  was  seriously  affected  by  the 
panic  of  1893  but  one,  the  Central  Railway  and  Banking 
Company  of  Georgia  defaulted  in  the  payment  of  the  interest 

*  General  Statutes,  Conn.,  section  1800. 

[539] 


So  Annals  of  run  American  Academy. 

on  its  bonds,  and  this  line,  the  only  one,  paid  no  dividends 
on  its  stock  in  either  1892  or  1893.  In  not  a  single  other 
case,  apparently,  was  the  stock,  much  less  the  bonds,  of  any 
of  these  roads  seriously  affected  by  such  panic.  No  stronger, 
more  definite  proof  than  this  table  could  be  given  of  the  suf- 
ficiency of  this  requirement.  As  the  statement  is  at  the 
command  of  any  one,  it  is  not  necessary  to  reproduce  here 
the  whole  or  any  part  of  it.  It  speaks  for  itself.  But  an 
examination  of  it  shows  that  the  condition  could  properly  be 
extended  to  cover  four  per  cent  dividends.  There  were 
seven  railroads  that  failed  to  pay  five  per  cent,  but  did  pay 
four  per  cent,  for  five  successive  years,  and  they  are  among 
the  strongest  in  the  country.  It  is  the  regularity  of  the 
dividend  that  determines  the  character  of  the  road.  As 
noted,  the  Connecticut  law  only  accepts  a  first  mortgage  or 
consolidated  bond.  This  would  lead  to  confusion  and  be 
unsatisfactory.  In  these  days  of  consolidations  and  reorgani- 
zations, the  dijBference  between  first  and  second  mortgages 
is  often  more  nominal  than  real.  A  better  requirement  in 
lieu  thereof  would  be  that  the  bonds  themselves  should  be 
listed  securities,  selling  on  the  market  on  a  certain  basis, 
say  that  of  five  per  cent.  If  there  was  any  peculiar  defect  or 
insufiiciency  in  the  security,  or  any  fraud  or  irregularity 
about  the  declaration  and  payment  of  the  dividends,  it 
would  show  itself  in  the  value  of  the  bonds.  As  regards  the 
amount  of  bonds  available  under  this  provision,  the  bond 
issues  of  the  lines  shown  by  the  statement  above  mentioned 
to  have  paid  such  dividends  alone  aggregate  some  one 
thousand  million  dollars  (as  is  shown  by  the  report  on  such 
lines  in  the  same  supplement) ,  of  which  bonds  almost  all 
are  selling  upon  a  five  per  cent  basis.  These  bonds,  there- 
fore, together  with  public  securities,  should  furnish  a  safe, 
profitable  and  sufi5cient  basis  for  the  normal  bank  circula- 
tion. If  not,  however,  this  dividend  requirement  could  be 
made  applicable  to  other  securities.  Whether  or  not  bonds 
fulfill  the  above  conditions  is  a  matter  of  public  record,  and 

[540] 


Money  and  Bank  Credits.  8x 

no  unfortunate  discretion  need  be  lodged  in  the  treasury. 
The  banks  might  well  be  authorized  to  issue  circulation  to 
tlie  extent  of  ninety  per  cent  of  the  market  value  of  the 
securities  deposited,  provided  that  no  more  than  twenty-five 
per  cent  of  the  bonds  deposited  by  any  one  bank  could  be 
issued  by  one  corporation.  Provision  would,  of  course,  be 
made  for  the  maintenance  of  the  security  in  the  event  of  tlie 
depreciation  of  any  of  the  bonds.  It  would  be  unwise  to 
require  the  banks  to  immediately  replace  any  such  bonds  as 
fell  below  the  standard.  Such  depreciation  would  ordi- 
narily occur  during  a  panic,  and  such  requirement  would 
cause  further  break  in  prices  and  additional  stringency. 
Nor  would  it  be  necessary,  since  there  would  be  a  surplus 
security  of  ten  per  cent,  and  a  fall  of  fifty  per  cent  in  tlie 
value  of  any  one  bond  could  not,  at  the  outside,  diminish 
the  total  security  of  any  one  bank  more  than  twelve  and  a 
half  per  cent.  It  would  seem  to  be  fully  suflScient  if  the 
treasury  were  authorized  to  call  upon  the  banks  to  make 
good  such  temporary  depreciation  by  the  deposit  of  addi- 
tional securities,  and  only  in  the  event  of  any  bond  remaiu- 
ing  below  a  five  per  cent  basis  for  over  six  months,  or  in  the 
case  of  railroad  bonds,  if  the  stock  dividends  for  two  suc- 
cessive years  fell  below  five  per  cent,  to  call  upon  the  banks 
to  replace  them.  Any  loss  that  might  occur  under  these 
conditions  would  be  covered  by  the  annual  tax  of  one  per 
cent. 

In  order  that  the  normal  currency  in  circulation  should 
correspond  approximately  to  the  needs  of  business,  banks 
should  be  relieved  from  the  payment  of  such  tax  and 
allowed  to  withdraw  such  securities  to  the  extent  of  the  law- 
ful money  of  the  United  States  they  might  deposit  with  the 
treasurer.  To  provide  for  the  immediate  expansion  of  the 
currency  in  times  of  financial  stringency  (a  necessary  charac- 
teristic of  a  good  currency,  and  one  most  diflScult  to  obtain), 
it  is  essential  that  at  such  time  the  banks  be  authorized  to 
increase  their  circulation  without  additional  security.     It  is 

[541] 


32    Annai^  of  thk  American  Academy. 

not  practicable  for  the  government  to  increase  its  issue,  since 
the  time  and  amount  thereof  would  not  then  be  regulated  by 
the  financial  situation,  but  by  the  discretion  of  some  officer. 
At  present  the  banks  can  only  increase  their  circulation  by 
providing  additional  security,  the  result  being  a  want  of 
elasticity.  The  currency  responds  slowly  to  the  demands  of 
business,  but  neither  fully  nor  quickly,  as  was  shown  by  the 
last  panic.  The  banks  must  be  authorized  therefore  under 
special  conditions  to  issue  a  limited  amount  of  money  with- 
out additional  security,  and  in  order  that  such  money  should 
be  easily  and  quickly  both  issued  and  withdrawn,  it  should 
be  in  the  form  of  treasury  notes,  which  can  be  constantly 
held  in  the  treasury  for  the  purpose.  Bank  notes  can 
neither  be  procured  nor  subsequently  withdrawn  with  suffi- 
cient ease. 

That  the  notes  should  only  be  issued  during  times  of  finan- 
cial stringency  and  to  an  extent  necessary  to  relieve  such 
stringency,  and  should  be  withdrawn  as  soon  as  the  strin- 
gency may  have  passed,  it  is  necessary  and  sufficient  that  the 
issue  be  only  authorized  under  conditions  imposing  a  contin- 
uing loss  upon  the  banks  under  normal  circumstances.  This 
can  be  accomplished  and  accomplished  only  by  imposing  a 
practically  prohibitive  tax  thereupon,*  say  four  per  cent  per 
annum.  With  such  tax,  remembering  that  a  portion  of  the 
issue  must  be  held  as  a  reserve,  no  bank  could  afibrd  to 
increase  its  circulation  except  during  a  panic,  and  after  a 
panic  the  banks  would  hasten  to  withdraw  their  notes  and  be 
relieved  thereof  If  the  issue  be  composed  of  treasury  notes 
they  could  be  issued  without  delay,  and  after  a  panic  the 
banks  could  immediately  return  treasury  notes  to  the  amount 
of  issue  and  thus  reduce  the  currency  to  its  normal  condition. 
Under  .such  circumstances  the  currency  would  be  sufficiently 
elastic.  But  would  the  government  be  secured  against 
possible  loss?  Under  normal  conditions,  it  has  been  sug- 
gested that  the  banks  be  authorized  to  issue  currency  to  the 

*  Plan  adopted  by  Imperial  Bank  of  Germany. 

[542] 


Money  and  Bank  Credits.  83 

extent  of  fifty  per  cent  of  their  capital,  surplus  and  un- 
divided profits,  and  to  the  extent  of  ninety  per  cent  of  the 
market  value  of  the  securities  deposited.  The  banks  there- 
fore could  be  authorized  to  double  their  circulation  without 
the  total  issue  of  any  bank  exceeding  its  capital,  surplus  and 
undivided  profits.  But  assuming  that  under  the  proposed 
conditions  for  normal  circulation,  the  banks  would  issue  the 
maximum  amount  authorized,  this  would  provide  for  an 
expansion  of  the  currency  in  times  of  stringency  of  over  five 
hundred  millions  of  dollars,  while  an  increase  of  one-half 
this  sum  would  probably  be  adequate.  It  would  seem  sufl5- 
cient  to  authorize  the  banks  to  increase  their  circulation  by 
one- half  subject  to  the  tax  of  four  per  cent  per  annum  upon 
such  increase.  Under  these  circumstances,  the  total  issue  of 
a  bank  could  in  no  case  exceed  seventy-five  per  cent  of  its 
capital,  surplus  and  undivided  profits,  or  135  per  cent  of  the 
value  of  the  securities  deposited  with  the  treasury. 

In  order  to  further  secure  the  government  against  loss,  the 
increase  of  issue  should  rank  as  general  debts  against  the 
bank  in  case  of  insolvency;  if  considered  desirable,  they 
might  even  be  made  a  first  lien  on  all  the  assets  thereof.  It 
is  to  be  remembered  that  this  currency  will  only  be  outstand- 
ing for  a  limited  time.  In  order  to  insure  this  the  treasurer 
should  have  the  right  to  recall  the  issue  of  any  bank  at  any 
time  six  months  after  issue  or  whenever  and  to  the  extent 
that  the  capital,  surplus  and  undivided  profits  may  be  im- 
paired. This  would  prevent  any  possible  abuse  of  this  priv- 
ilege. The  treasurer  could  withhold  the  issue  if  he  had  any 
reason  to  doubt  the  capital,  surplus  and  undivided  profits  of 
the  bank  to  be  as  represented  until  he  assured  himself  of 
such  fact. 

The  increased  issue  would  appear  to  be  perfectly  safe  un- 
der these  conditions,  but  if  there  should  be  any  loss  resulting 
therefrom  the  tax  of  four  per  cent  per  annum  would  provide 
a  large  fund  for  the  payment  thereof.  This  exceptional 
issue  would  seem  to  be  sufficient  to  relieve  any  possible 

[543] 


84  Annals  of  the  American  Academy. 

financial  stringency,  provided  the  national  bank  currency 
amounted,  as  suggested,  to  five  hundred  million  dollars. 
Apparently  there  would  thus  be  provided  a  safe  currency, 
supplementary  to  the  treasury  notes,  silver  and  gold,  already 
outstanding  and  amounting  to  over  fifteen  hundred  millions 
of  dollars,  that  would  give  elasticity  to  the  whole,  and  which 
would  be  limited  only  by  the  banking  capital  of  the  country. 
There  is,  however,  another  form  of  money,  or  rather  substi- 
tute for  money,  yet  to  be  considered,  viz  :  Bank  checks  or 
drafts  representing  bank  credits,  which  therefore  must  repre- 
sent money. 

It  is  estimated  that  ninety  per  cent  of  the  business  in  this 
country  is  done  by  check,  and  only  ten  per  cent  thereof  by 
currency,  currency  being  but  the  so-called  change  of  the 
mercantile  world.  But  these  figures  do  not  fully  represent 
the  relative  parts  played  by  these  two  mediums,  since  banks 
are  required  to  maintain  a  currency  reserve  varying  from 
fifteen  per  cent  to  twenty-five  per  cent  against  their  deposits 
and  circulation.  Without  currency  credits  could  not  exist ; 
the  latter  merely  represents  the  certainty  of  obtaining  the 
power.  Further  than  this  it  may  be  noted  that  the  total  in- 
dividual deposits  of  all  the  national  banks  in  this  country 
amount  to  less  than  fifteen  hundred  million,*  while  the  total 
amount  of  money  in  circulation  (including  bank  reserves) 
exceeds  sixteen  hundred  million  dollars.  Business,  however, 
is  largely  done  by  the  transfers  of  credit  instead  of  currency, 
and  any  expansion  or  contraction  thereof  is  equivalent  to  an 
expansion  or  contraction  of  the  currency  itself.  An  undue 
expansion  thereof  will  cause  an  apparent  redundancy  of 
money  with  its  attending  evils,  such  as  speculation  and  gen- 
eral overtrading,  and  an  undue  contraction,  a  stringency 
with  its  resulting  depression  or  panic.  The  history  of  panicsf 
proves  that  they  usually  follow  periods  of  undue  speculation. 
A  period  of  general  prosperity  leads  to  a  general  feeling  of 

•  Comptroller's  Report,  1893,  p.  4. 

f  A  Brief  HUtory  of  Panics  in  the  United  Steteg."    Juglar. 

[544] 


Money  and  Bank  Credits.  85 

confidence  resulting  in  an  expansion  of  bank  credits  which, 
reacting  on  business,  leads  to  a  season  of  increased  prosper- 
ity, high  prices  and  speculation;  speculation  not  only  often 
improper  in  itself,  but  to  an  extent  not  warranted  by  the  capi- 
tal of  the  country.  This  continues  until  the  failure  of  many 
such  speculative  enterprises  shakes  financial  confidence.  The 
banks  immediately  respond  by  the  contraction  of  loans;  the 
greater  business  done  by  the  banks  in  proportion  to  their 
available  assets,  the  more  sudden  being  this  contraction,  for 
their  margin  of  safety  is  less. 

A  bank,  a  default  upon  ten  per  cent  of  whose  loans  and 
discounts  would  mean  insolvency,  is  much  more  subject  to 
financial  disturbances  than  one  which  can  afford  to  lose 
twenty-five  per  cent  thereof. 

This  contraction  in  loans  leads  at  once  to  a  decline  in 
deposits,  and  general  stoppage  of  business  and  fall  in  prices, 
and  a  period  of  liquidation,  for  which  purpose  and  the  fur- 
ther purpose  of  supplying  the  decrease  in  bank  credits,  an 
increase  of  the  currency  in  circulation  becomes  necessary  and 
it  is  thereupon  withdrawn  from  the  banks  by  the  depositors. 
To  supply  this  demand,  the  local  banks  are  compelled  to  call 
upon  their  reserve  agents,  thus  causing  a  currency  stringency 
in  financial  centres,  with  its  attending  evils.  With  restored 
confidence,  however,  the  demand  for  currency  ceases,  which 
then  accumulates  in  the  banks,  forming  the  basis  for  a  re- 
building of  credits. 

This  last  panic  followed  as  usual  after  a  season  of  credit 
and  speculation,  being  precipitated  by  the  refusal  of  foreign- 
ers to  longer  hold  our  securities  owing  to  a  lack  of  confidence 
in  our  general  financial  policy.  It  was  checked  by  the  re- 
stored confidence  resulting  from  the  repeal  of  the  Silver  Bill, 
and  the  action  of  the  banks  in  uniting  to  maintain  credit. 

We  are  now  in  the  recuperative  stage,  which  should  be 
rapid  for  the  reason  that  the  precedent  speculation  did  not 
reach  its  maximum.  From  this  review  we  see  the  part 
played  by  the  banks  in  these  crises.    By  an  undue  expansion 

[545] 


86  Annals  of  the  American  Academy. 

of  credits  they  favor  speculation  and  then  increase  the  re- 
action by  the  sudden  contraction  thereof  below  the  normal, 
in  order  to  maintain  their  reserve  and  security;  although 
they  do  what  they  can  to  obviate  a  panic  by  combining  for 
this  purpose  through  their  clearing  houses. 

Evidently,  therefore,  a  good  banking  system  should  check 
as  far  as  possible  this  tendency  to  unduly  inflate  credits 
during  times  of  general  prosperity,  should  protect  the  banks 
against  the  danger  resulting  from  financial  failures  and  the 
impairment  of  confidence,  and  should  as  far  as  possible  fur- 
nish them  with  the  means  of  at  once  supplying  the  increased 
demand  for  money,  and  at  the  same  time  of  maintaining  and 
even  increasing  their  reserves  during  these  periods  of  strin- 
gency and  panic.  It  is  not  practicable  by  law  to  prevent  the 
undue  expansion  of  credits,  since  no  matter  what  limitation 
is  imposed  thereon  by  reserve  or  other  requirements,  credits 
can  be  indefinitely  expanded  by  a  corresponding  expansion 
of  banking  capital.  This  method  of  expansion,  however,  is 
not  so  much  to  be  feared.  Not  only  because  an  increase  of 
banking  capital  represents  an  increase  of  wealth  which 
would  probably  warrant  the  increase  of  credit,  but,  in  addi- 
tion, so  long  as  there  is  a  reasonable  ratio  existing  between 
banking  capital  and  banking  credits,  a  depression  in  business 
could  not  so  seriously  affect  the  banks,  and  woiild  therefore 
expend  itself  with  less  serious  results.  What  can  be  and  to 
some  extent  should  be  regulated  is  this  very  matter  of  ratio 
between  banking  capital  and  banking  credits.  And  by 
banking  capital  is  not  meant  all  the  assets  of  the  bank,  in- 
cluding capital,  surplus  and  undivided  profits,  no  matter 
how  invested,  but  only  that  portion  thereof  available  for 
banking  purposes,  that  is,  in  the  form  of  currency.  This 
evidently  amounts  to  the  capital,  surplus,  undivided  profits 
and  circulation,  less  the  amount  thereof  invested.  It  is  to  be 
noted,  however,  that  by  the  banking  system  herein  suggested 
any  securities  held  by  a  bank  can  profitably  be  converted 
into  circulation,  and  thus  become  a  part  of  its  banking  capital. 

[546] 


Money  and  Bank  Credits.  87 

At  present  the  only  general  regulation  of  banking  credits 
is  the  requirement  of  a  reserve  fund  of  from  fifteen  to  twenty- 
five  per  cent  of  the  combined  deposits  and  circulation ;  an 
admirable  provision.  But  it  evidently  protects  credits,  rather 
than  limits  them. 

As  a  rule,  the  currency  held  by  a  bank  does  not  exceed  its 
banking  capital,  and  in  such  cases  the  desired  ratio  is  main- 
tained b}'  this  provision ;  but  in  times  of  general  prosperity, 
banks  of  large  business  by  loaning  their  depositors'  money, 
which  is  again  deposited,  may  have  both  deposits  and  dis- 
counts to  an  amount  ten  times  their  banking  capital  and  yet 
maintain  their  legal  reserve.  In  this  latter  case,  the  reserve 
not  belonging  to  the  bank,  their  business  is  not  only  largely 
done  on  other  people's  money,  but  their  credits  are  largely 
based  thereon.  This  reserve  requirement,  therefore,  although 
good  in  itself,  admits  of  an  undue  expansion  of  both  de- 
posits and  discounts,  with  the  attending  evils.  The  undue 
expansion  of  credits  by  fostering  speculation,  ultimately 
brings  on  a  crisis,  which  the  banks,  owing  to  the  dispro- 
portion between  their  banking  capital  and  discounts  and  to 
the  fact  that  their  legal  reserve  is  largely  made  up  of  depos- 
itors' money,  are  not  in  a  condition  to  sustain.  That  this 
condition  of  affairs  existed  prior  to  the  last  panic,  is  shown 
by  the  Comptroller's  Report  of  1892,  Volume  II. 

It  was  and  is  especially  general  in  the  banks  of  the  reserve 
cities  and  naturally,  since  these  banks  carry  large  sums  be- 
longing to  other  institutions,  which  count  as  parts  of  their 
own  reserves.  It  is  not  advisable  to  particularize,  but  there 
were  many  banks  in  both  New  York  and  Chicago  where  both 
the  liabilities  and  discounts  exceeded  ten  times  the  bank- 
ing capital.  That  this  is  unfortunate  is  plain.  In  times  of 
stringency,  with  the  consequent  demands  for  money,  local 
banks  at  once  draw  on  their  reserve  agents  for  ftmds,  thus 
diminishing  the  latter's  reserve  and  causing  a  currency 
stringency  in  financial  centres.  This  was  the  situation  in 
New  York  and  some  other  cities  during  the  recent  panic,  and 

[547] 


88  Annals  of  the  American  Academy. 

necessitated  the  issuance  of  clearing  house  certificates.  This 
action  of  the  banks  is  to  be  commended,  and  yet  the  neces- 
sity for  it  should  be  avoided  if  possible.  It  is  really  but  the 
lending  of  the  credit  of  the  stronger  to  sustain  the  weaker, 
which  action  under  certain  conceivable  circumstances  might 
endanger  all  the  consolidated  banks.  It  is  to  be  noted  that 
this  measure,  while  strengthening  the  weaker  banks,  does 
not  relieve  the  currency  stringency.  These  certificates  can 
neither  be  used  as  money  nor  count  as  part  of  the  reserve. 
As  a  coincidence,  it  might  be  mentioned  that  the  certificates  * 
issued  by  the  New  York  clearing  house  during  this  past  panic 
approximately  equaled  that  portion  of  the  reserve  of  the 
New  York  banks  which  was  made  up  of  depositors'  money; 
about  thirty-five  millions  of  dollars. f  It  would  seem  proper, 
therefore,  to  limit  the  business  that  a  bank  should  do  upon  a 
certain  capital.  A  bank's  reserve  should  consist  of  its  own 
funds.  It  is  suggestive  that  this  end  can  be  attained  by  lim- 
iting discounts;  the  effect  on  deposits  being  indirect  and  yet 
certain.  The  reason  is  evident.  So  long  as  a  bank  does  not 
reloan  its  deposits  it  is  acting  merely  as  a  depository  of  funds 
and  credits  are  not  expanded.  It  is  only  when  the  deposits 
are  loaned  and  again  deposited  that  expansion  results.  What 
must  be  limited  therefore  are  discounts,  the  deposits  will  then 
limit  themselves.  The  proper  limitation  for  a  given  reserve 
is  a  matter  of  calculation.  It  is  evident  that  a  bank's  reserve 
(meaning  cash  on  hand)  loans  and  discounts  taken  together 
always  equal  the  aggregate  amount  of  its  banking  capital 
and  deposits,  or,  as  it  may  be  expressed: 

I.  Reserve  +  Loans  =  Deposits  +  Banking  Capital.  As- 
suming the  reserve  required  by  law  to  be  twenty-five  per 
cent,  let  us  suppose  that  the  actual  cash  in  possession  of  the 
bank  has  been  reduced  to  exactly  this  amount  and  then 
inquire  what  will  be  the  amount  of  its  loans  and  discounts 
when  such  cash  reserve  equals  and  therefore  has  absorbed 

•Comptroller's  Report,  1893,  p.  16. 
t  Comptroller's  Report,  1892,  p.  46. 

[548] 


Money  and  Bank  Credits.  89 

the  bank's   entire   banking  capital.      By    assumption    we 
have, 

2.  Reserve  =  one- fourth  of  Deposits,  or  Deposits  =  fotir 
times  Reserve  and  that 

3.  The  Reserve  =  Banking  Capital,  but  substituting  four 
times  Reserve  which  by  (2)  equals  the  Deposits  in  the  equa- 
tion ( I ) ,  we  have 

4.  Reserve  +  Loans  =  four  times  Reserve  -f  Banking  Capi- 
tal, but  again  substituting  Banking  Capital  which  by  (3) 
equals  the  Reserve,  we  have 

5.  Banking  Capital  +  Loans  =  four  times  Banking  Capital 
-f  Banking  Capital,  or  the  Loans  equal  four  times  the  Bank- 
ing Capital.  So  long  then  as  the  Loans  and  Discounts  do  not 
exceed  four  times  the  Banking  Capital,  the  bank  will  make 
all  such  loans  and  discounts  out  oi  free  money,  i.  ^.,  after 
loaning  such  money,  the  bank  will  still  hold  in  cash  a  suffi- 
cient amount  of  its  capital  to  secure  all  deposits  which  it  may 
have  used  in  loans;  but  after  such  point  has  been  reached, 
all  further  loans  will  encroach  upon  that  portion  of  its  bank- 
ing capital  which  is  necessary  to  secure  deposits  which  it  has 
already  so  used. 

Therefore,  in  order  to  reg^ate  the  credits  and  deposits  as 
suggested,  it  is  necessary  and  sufficient  to  limit  the  discounts 
to  four  times  the  banking  capital.  It  is  not  intended,  how- 
ever, to  fix  arbitrarily  upon  this  special  limitation.  It  may 
be  that  a  reserve  of  fifteen  per  cent  of  the  bank's  own  funds 
is  sufficient,  in  which  case  the  limitation  would  be  modified 
to  correspond  thereto.  What  is  insisted  upon,  is  the  desira- 
bility of  establishing  some  such  limitation.  But  we  will 
inquire  for  a  moment  how  tliis  special  limitation  will  affect 
the  present  banking  situation.  The  Comptroller's  Report 
shows  that  outside  of  the  central  reserve  cities,  the  banking 
situation  will  not  be  seriously  affected,  since  the  loans  of  but 
few  banks  exceed  four  times  their  banking  capital.  But  in 
New  York  and  Chicago  quite  a  number  of  banks  would  be 
compelled  either  to  contract  their  discounts  or  to  increase 

[549] 


90  Annals  of  the  American  Academy. 

their  banking  capital.  In  New  York,  but  New  York  only, 
the  total  discounts  prior  to  the  last  panic,  exceeded  four  times 
the  total  banking  capital,  the  loans  being  $344,000,000,  the 
banking  capital  $61,250,000.*  But  October  3,  1893,  the 
loans  had  been  decreased  to  $281,000,000,  and  the  banking 
capital  increased  to  $67,000,000,  while  the  capital  invested 
in  securities  was  over  $23,ooo,ooo.t 

Under  the  provisions  regarding  bank  circulation,  herein 
suggested,  such  assets  to  the  extent  desired  could  easily  and 
would  probably  be  converted  into  currency,  thus  increasing 
the  banking  capital  to  the  required  extent.  If  this  provision 
should  lead  to  more  conservative  discounts  in  New  York  and 
Chicago,  possibly  an  advantage  would  be  gained.  The  only 
banks  that  will  have  any  difficulty  in  converting  assets  into 
currency,  and  which  therefore  may  possibly*  be  compelled 
to  contract  their  loans,  will  be  those  which  have  invested 
largely  in  office  buildings.  But  no  banker  will  seriously 
maintain  that  the  banking  business  should  be  conducted  on 
such  basis.  Such  investments  are  now  contrary  to  the 
spirit  of  the  law. 

But,  as  already  stated,  outside  of  the  cities  above  named, 
very  few  of  the  banks  have  discounts  exceeding  four  times 
their  banking  capital.  The  adjustment  to  this  law  therefor, 
a  reasonable  time  being  allowed,  would  certainly  take  place 
without  any  serious  financial  disturbance. 

It  is  not  supposed  that  the  plan  outlined  would  entirely 
do  aw^ay  with  all  undue  expansion  or  contraction  of  credits 
or  currency,  with  speculation,  depression  or  panics.  So  long 
as  business  is  done  by  men  it  is  liable  to  such  disturbances, 
but  certainly  these  provisions  should  diminish  both  the  fre- 
quency and  intensity  of  panics,  and  should  enable  the  banks 
better  to  withstand  and  ultimately  to  relieve  them.  The 
provision  limiting  discounts  would  regulate  credits  and 
would  strengthen  the  banks  in  times  of  stringency,  while 

•  Comptroller's  Report,  1893,  p  46. 
t  Comptroller's  Report,  1893,  p.  115. 

[550] 


Money  and  Bank  Credits.  91 

coincidently,  by  calling  upon  the  government  for  treasury 
notes,  they  would  be  able  to  immediately  increase  their 
banking  capital  and  reserve;  and  such  increase  being  in  the 
form  of  currency  would  be  available  to  relieve  any  existing 
stringency.  As  the  additional  currency  thus  available  would 
probably  aggregate  one-fourth  the  entire  banking  capital  of 
the  country,  thus  amounting  to  t^^o  hundred  and  fifty  mil- 
lions of  dollars,  its  influence  should  be  effective. 

In  the  brief  space  of  this  paper  there  has  been  no  attempt 
to  exhaust  the  subject  of  currency  and  banking,  but  only  to 
outline  a  development  of  the  present  system  which  would 
supply  some  of  its  deficiencies  and  remedy  some  of  its  de- 
fects. There  has  been  no  attempt  to  go  into  the  details 
of  the  system.  There  has  been  only  space  for  the  treat- 
ment of  its  main  features.  The  plan  outlined  herein  is 
necessarily  subject  to  criticism  and  modification,  but  it  is 
thought  that  its  general  features  will  recommend  themselves 
and  prove  beneficial  if  adopted. 

SUPPLEMENTARY  NOTE  UPON  THE  "BALTIMORE  PLAN." 

Since  the  submission  of  the  foregoing  paper  to  the  Acad- 
emy the  Bankers'  Association  has  approved  and  promulgated 
the  • '  Baltimore  plan  for  the  creation  of  a  safe  and  elastic 
currency."     This  plan  provides: 

1 .  National  banks  shall  be  authorized  to  issue  notes  to  the 
amount  of  fifty  per  cent  of  their  unimpaired  capital,  subject 
merely  to  an  annual  tax  of  one-half  of  one  per  cent. 

2.  To  issue  notes  to  the  additional  amount  of  twenty-five 
per  cent  of  such  capital,  subject  to  an  annual  tax  so  severe 
as  to  prevent  such  issue  except  under  special  circumstances 
and  to  cause  their  withdrawal  upon  the  return  to  normal  con- 
ditions. 

3.  All  such  notes  to  be  guaranteed  by  the  United  States, 
and  in  the  event  of  the  insolvency  of  the  issuing  bank  to  be 
redeemable  at  the  treasury. 

[551] 


92  Annals  of  thb  American  Academy. 

4.  No  security  of  any  kind  to  be  deposited  by  the  banks 
to  protect  such  issue  excepting  a  guarantee  fund  of  five  per 
cent  thereof. 

The  general  similarity  between  these  suggestions  and  those 
made  in  the  foregoing  paper  is  noteworthy.  The  sugges- 
tions are  along  the  same  line,  and  have  the  same  end  in  view. 
Unimpaired  capital,  instead  of  capital,  surplus  and  undivided 
profit,  is  made  the  basis  of  circulation,  thus  without  appar- 
ent necessity  limiting  its  effectiveness,  but  the  only  diver- 
gence of  any  importance  is  the  total  abolition  recommended 
by  the  Bankers'  Association,  of  all  provisions  requiring 
banks  to  deposit  securities  to  secure  their  normal  circulation, 
and  the  substitution  in  lieu  thereof  of  a  small  guarantee 
fund.  This  special  suggestion  is  urged  by  the  bankers  on 
the  score  of  necessity.  "  The  first  essential,"  say  they,  "of 
a  good  currency  is  elasticity;  elasticity  is  impossible  if  secur- 
ity be  required;  therefore,  no  security  should  be  required." 
This  is  perfectly  true,  but  only  with  reference  to  that  issue 
which  is  to  furnish  this  elasticity.  The  power  of  expansion 
to  meet  a  special  demand  is  indeed  destroyed  if  security  is 
required,  as  a  condition  precedent  to  such  expansion,  but  the 
fact  that  security  has  been  previously  required  and  previously 
deposited  to  secure  the  normal  circulation  is  of  no  impor- 
tance whatever.  The  Baltimore  plan  provides  for  a  normal 
circulation  of  fifty  per  cent  of  the  banking  capital  without 
security,  perfectly  safe,  probably,  as  it  is  guaranteed  by  the 
government,  and  which  will  evidently  contract  and  expand 
with  the  banking  capital  of  the  country,  but  yet  as  evidently 
without  any  other  or  further  elasticity  whatever.  By  entirely 
repealing  the  security  requirement,  they  would  indeed  de- 
prive this  normal  issue  of  whatever  special  elasticity  it  might 
otherwise  possess.  It  would  thereby  be  made  so  profitable 
to  the  banks  (the  tax  of  one-half  of  one  per  cent  being  in- 
considerable) that  the  maximum  amount  authorized  would 
plainly  be  always  outstanding.  This  fact  is  recognized  in 
the  publication  of  the  Baltimore  Clearing  House,  regarding 

[55^] 


Money  and  Bank  Credits.  95 

the  plan.  The  automatic  expansion  and  contraction  of  this 
issue  with  the  banking  capital  of  the  country  is,  indeed,  a 
most  important  and  valuable  feature,  in  that  our  present 
currency  is  entirely  lacking  in  the  capacity  of  expansion  to 
meet  the  constantly  increasing  financial  needs,  but  this 
quality  would  evidently  be  characteristic  of  any  such  issue 
authorized  under  conditions  sufficiently  profitable  to  the 
issuing  banks.  In  fact,  if  the  issue  were  less  profitable,  if 
the  conditions  imposed  were  such  as  to  leave  the  banks,  so 
long  as  there  was  a  demand  for  money,  to  maintain  the 
maximum  authorized  circulation,  but  in  case  of  a  plethora 
to  reduce  their  issue,  a  distinct  gain  would  be  made.  In 
this  way  a  security  requirement  or  other  burden  might  well 
add  some  little  elasticitj*^  to  this  normal  circulation.  But  in 
truth  the  currency  provided  for  by  the  Baltimore  plan,  like 
that  suggested  in  the  original  paper,  depends  for  its  special 
elasticity  upon  the  emergency  issue,  and  such  elasticity 
therefore  is  in  nowise  affected  by  the  requirement  vel  nan  of 
security  for  the  normal  circulation. 

As  stated,  this  normal  issue  must  be  made  profitable  to  the 
banks,  in  order  that  it  should  automatically  expand  with  the 
banking  capital,  and  to  this  end  securities  other  than  gov- 
ernment bonds  must  be  accepted,  but  it  does  not  follow  that 
no  security  whatever  should  be  required.  In  the  absence 
of  such  controlling  necessity,  as  the  advocates  of  the  Balti- 
more plan  assume  to  exist,  it  would  seem  for  many  reasons 
inexpedient,  if  not  dangerous,  to  confer  upon  the  banks  this 
unrestricted  power  to  issue  notes.  The  suggestion  that  the 
plan  has  been  successfully  tried  in  Canada  is  misleading. 
Financially,  Canada  and  the  United  States  are  as  far  apart 
as  the  poles,  but  the  controlling  fact  is  that  there  are  in 
Canada  but  thirty-nine  banks  of  issue  with  an  average  cap- 
ital exceeding  fifteen  hundred  thousand  dollars,*  while  in 
this  country  there  are  3781  such  banks,  with  an  average 
capital   of   less  than    one  hundred   and  eighty    thousand 

•Comptroller'!  Report,  1893,  p.  251. 

[553] 


94 


AnnaIvS  of  the  American  Academy. 


dollars.*  We  would  indeed  be  reckless  to  confer  this  unusual 
power  upon  these  3781  banks  simply  because  the  thirty-nine 
banks  of  Canada  had  exercised  it  safely  for  several  years. 
It  is  also  urged  that  the  experience  of  the  past  thirty  years 
proves  that  the  guarantee  fund  of  five  per  cent,  together  with 
a  prior  lien  upon  the  bank's  assets,  would  be  more  than  suf- 
ficient to  protect  the  government  against  any  loss  on  account 
of  its  guarantee.  And  this  may  be  so,  although  there  is  no 
certainty  that  the  conditions  being  changed,  the  experience 
of  the  past  will  repeat  itself  in  the  future;  but  even  if  so,  the 
priority  of  the  government  would  be  at  the  expense  of  the 
depositors.  But  however  this  may  be,  the  objection  to  the 
proposed  plan  goes  deeper.  It  is  not  simply  that  the  cur- 
rency would  not  be  entirely  safe  and  acceptable,  not  that  the 
government  would  not  be  fully  protected  against  any  loss; 
the  danger  to  be  feared  is  to  the  banks  themselves,  to  the 
national  banking  system,  and,  through  it,  to  the  public.  In 
formulating  this  plan  the  bankers  had  but  one  purpose  in 
mind,  to  provide  for  an  issue  by  their  banks  of  a  safe  and 
elastic  currency  to  meet  the  ever-increasing  needs  of  busi- 
ness, but  it  naturally  did  not  occur  to  them  that  they  might 
thereby  endanger  the  safety  of  their  own  banks,  and  there- 
fore the  financial  world,  that  it  might  be  necessary  to  pro- 
vide against  the  improper  exercise  by  the  banks  of  the  powers 
conferred  upon  them.  It  naturally  did  not  occur  to  the  Bal- 
timore bankers,  who  are  justly  famed  for  their  conservative 
and  proper  methods,  that  by  making  banking  under  the 
national  laws  too  profitable,  they  might  be  the  innocent 
cause  of  an  error  of  reckless  banking,  bringing  another  panic 
in  its  train  with  serious  resulting  injury  to  the  entire  national 
banking  and  financial  system.  It  is  this  difference  in  the 
point  of  view  which  has  caused  the  divergence  between  the 
Baltimore  plan  dnd  the  one  outlined  in  the  foregoing  paper. 
The  two  plans  provide  for  the  same  currency,  a  normal  cir- 
culation of  fifty  per  cent,  an  emergency  issue  of  twenty-five 

*  Ibid.,  p.  XX4. 

[554] 


Money  and  Bank  Credits.  95 

per  cent  of  the  banking  capital  of  the  country,  guaranteed 
by  the  government.  But  here  the  Baltimore  plan  stops, 
leaving  to  the  banks  entire  freedom  in  the  issuance  of  such 
circulation,  while,  from  the  public  point  of  view,  it  would 
seem  desirable  to  go  a  step  further  and  provide  against 
the  reckless  banking  and  overtrading  that  might  result 
from  the  unrestricted  exercise  of  such  powers.  Our  bank- 
ing system  has  worked  admirably,  and  has  reflected  much 
honor  both  upon  its  originators  and  administrators.  Its 
profits  being  slow  and  the  result  of  capable,  honest  work, 
it  has  offered  but  little  temptation  to  the  speculator,  and  its 
management  has  been  generally  of  a  most  conservative 
character,  although  in  certain  cases,  as  shown  in  the  orig- 
inal paper,  misled  by  an  apparent  abundance  of  money  not 
their  own,  the  banks  have  permitted  an  unwarranted  expan- 
sion of  credits  with  unfortunate  results.  The  advocates  of 
the  Baltimore  plan  would  be  the  last  to  consciously  risk  thi^ 
conservatism,  and  j^et  such  might  be  its  effect  Its  adop- 
tion would  not  only  cause  an  immediate  expansion  of  the 
currency,  but  would  practically  add  fifty  per  cent  to  the 
original  capital  of  every  national  bank,  thus  increasing  both 
their  capacity  and  temptation  to  expand  credits.  It  would 
also  lead,  and  herein  lies  the  danger,  to  the  organization  of 
many  banks,  possibly  thousands,  by  speculators  solely  for 
the  purpose  of  obtaining  the  benefit  of  this  authorized  circu- 
lation, and  these  new  banks,  thus  organized  not  for  legiti- 
mate, but  for  speculative  purposes,  would  inject  a  new  and 
unknown  element  into  our  banking  s>'stem,  which  might 
well  cause  an  error  of  expansion  and  speculation  witli  the 
resulting  reaction  and  panic. 

It  would  seem,  therefore,  the  part  of  wisdom,  even  if  not 
necessary  to  protect  the  government  and  the  note  holder, 
then  to  protect  the  banks  and  the  public,  to  impose  such 
<:onditions  upon  this  normal  issue  as  would  render  it  less 
temptingly  profitable.  The  logical  condition  (as  it  would  at 
the  same  time  avoid  other  objections  that  might  be  raised) 

[555] 


96  Annals  of  the  American  Academy. 

would  seem  to  be  the  continued  requirement  of  a  deposit  of 
securities,  not  government  bonds  but  such  as  would  insure 
the  banks  a  reasonable  profit  upon  the  issue.  In  the  origi- 
nal paper  an  effort  has  been  made  to  select  such  securities, 
but  if  it  is  objected  that  subject  to  the  deposit  therein  sug- 
gested the  issue  will  not  be  sufl&ciently  profitable  to  fulfill 
its  purpose,  then  others  could  certainly  be  found  that  would 
be  satisfactory.  If  the  government  and  note  holders  need 
no  further  protection  than  that  provided  for  in  the  Baltimore 
plan,  the  most  liberal  security  requirement  would  serve  to 
protect  the  banks  and  the  public. 

The  latter  purpose,  indeed,  might  be  attained  by  simply 
increasing  the  tax  upon  the  normal  issue  from  one-half  of 
one  per  cent  to  such  an  amount,  say  two  per  cent  per  annum, 
as  would  leave  but  a  reasonable  margin  of  profit  to  the  issu- 
ing banks;  especially  if  concurrently  a  bank's  discounts  were 
limited  to  some  definite  multiple  of  its  banking  capital. 
Such  modifications  of  the  Baltimore  plan,  it  is  suggested, 
are  well  worthy  of  serious  consideration,  especially  as  the 
suggested  increase  of  tax  would  be  of  benefit  to  the  cur- 
rency in  giving  it  a  certain  elasticity.  Certainly,  the  plan 
cannot  be  adopted  as  proposed,  if  for  no  other  reason, 
because  by  rendering  banking  too  profitable,  it  might  cause 
an  era  of  bad  banking,  which  would  not  only  do  serious 
injury  to  the  country,  but  might  affect  the  integrity  of  the 
national  banking  system  itself. 

Henry  W.  Wiluams. 

Baltimore. 


[556] 


HOW  TO  SAVE  BIMETALI^ISM. 

French  agriculture  has  suffered  severely  in  the  monetary 
crisis.  lu  Lyons  as  well  as  in  London,  fanners  and  land- 
owners have  discussed  the  effect  of  the  demonetization  of 
silver  on  the  low  prices  of  agricultural  products.  Farmers 
are  bimetallists,  in  spite  of  the  impossibilit>'  of  any  sound 
principle  for  maintaining  a  fixed  ratio  between  silver  and 
gold.  For  thirty  years  a  solution  has  been  sought  for  in 
vain.  Everybody  admits  that  no  standard  of  value  can  be 
found  between  wheat  and  com,  between  cotton  and  wool, 
between  lead  and  iron, — their  prices  rise  and  fall,  and  no 
one  thinks  that  any  method  can  be  hit  upon  to  steady  them 
in  relation  to  one  another. 

Why  should  there  be  any  obligatory  equivalent  between 
gold  and  silver  ?  Men  say  that  money  is  a  measure  of  value; 
but  the  characteristic  of  scientific  standards  or  measures  is 
that  they  never  change.  Different  coins  however  fluctuate 
just  like  other  commercial  articles.  In  Roman  times  copper 
coinage  fluctuated.  In  the  fifteenth  and  sixteenth  centuries 
values  and  wages  were  affected  by  the  large  quantities  of 
gold  and  silver  sent  to  Europe  from  America.  Later  the 
discovery  of  gold  in  California  produced  such  changes  of 
value  that  Cobden  and  Michel  Chevalier  and  other  leading 
economists  seriously  proposed  to  demonetize  gold  and  to 
make  silver  the  sole  legal  tender.  The  Australian  mines 
brought  on  another  monetary  crisis,  and  the  reports  of  great 
gold  finds  in  Afi-ica  and  Borneo  may  be  followed,  if  tliey  are 
realized,  by  great  changes  in  values. 

The  excessive  production  of  silver  in  the  United  States 
and  Mexico  and  elsewhere  has  been  followed  by  such  a  crisis 
that  even  in  British  India  the  free  coinage  of  silver  has  been 
suspended.  These  alternate  movements  of  rise  and  fall  are 
simply  the  inevitable  result  of  causes  that  are  perfectly  well 

[557] 


98  Annai^  of  the  American  Academy. 

understood  in  reference  to  all  other  products,  and  are  gov- 
erned by  the  natural  law  of  supply  and  demand.  Still  it  is 
claimed  that  a  fixed  obligatory  relation  or  proportion  between 
the  two  metals  could  be  legally  established.  Can  law  deter- 
mine the  ratio  between  two  unequal  variable  quantities  ? 

Logic  and  experience  have  alike  condemned  any  such 
monetary  system.  Calonne  in  the  reign  of  Louis  XVI.  pro- 
posed, and  Napoleon  in  1803  decreed,  an  arbitrary  propor- 
tion of  15.5  silver  for  one  of  gold,  and  this  lasted  until  the 
great  gold  finds  upset  that  relation. 

Since  then  silver  has  lost  half  its  real  value,  but  preserved 
the  whole  of  its  nominal  value.  Five  francs  in  silver  are 
really  worth  only  2.50  francs  in  gold,  yet  the  law  still 
requires  that  five  francs  in  gold  should  be  given  in  exchange. 
It  is  really  a  counterfeit  money  that  is  thus  put  and  kept  in 
circulation,  because  we  have  a  false  and  unsound  theory  that 
by  law  a  fictitious  value  can  be  given  to  silver  or  to  gold, 
although  it  would  be  impossible  by  law  to  attempt  to  fix-  the 
price  of  any  other  product.  Money  was  not  made  simply  to 
exchange  gold  for  silver,  but  to  serve  as  a  common  nieastu"e 
of  value  in  all  purchases  and  sales,  in  payment  of  wages, 
etc. ,  and  its  use  is  primarily  for  the  general  convenience  of 
the  world.  In  business  there  are  but  two  factors:  the  arti- 
cle to  be  bought  or  sold,  and  the  money  which  measures  its 
value  and  pays  for  it.  These  two  items  follow  the  market. 
Why  introduce  a  third  factor,  money  of  changeable  value, 
and  try  to  put  on  it  a  fixed  value  ?  This  is  confusing  a  natu- 
ral and  free  exchange  with  an  artificial  and  forced  exchange. 
Twenty  dollars'  worth  of  wheat  is  its  value  in  gold,  and  not 
in  silver  at  half  its  legal  value,  and  the  price  of  wheat 
depends  on  the  market,  on  the  supply  and  demand;  while  to 
have  gold  coin  of  one  value  and  silver  coin  of  another,  is  to 
introduce  a  third  element  of  a  very  dangerous  kind. 

Every  attempt  to  regulate  the  price  of  goods  has  failed  in 
the  end.  To  try  to  fix  a  legal  ratio  between  gold  and  silver 
is  only  another  effort  to  do  what  can  only  prove  disastrous. 

[558] 


How  TO  Save  Bimetai^usm.  99 

No  solid  monetary  system  can  be  based  on  a  fixed  ratio' 
between  coins  var>'ing  in  different  proportions.  If  that  fixed 
ratio  be  given  up,  then  gold  and  silver  will  find  their  own 
level,  and  the  purchase  and  sale  of  goods  of  all  kinds  may 
be  made  payable  in  gold  or  silver  at  the  will  of  the  contract- 
ing parties,  and  gold  and  silver  will  be  exchanged  for  one 
another  or  for  goods  at  their  real  market  value.  In  France 
there  will  be  a  great  outcry  at  such  a  proposal,  yet  France 
feels  the  effect  of  the  present  condition  of  affairs  very  sharply 
indeed.  The  legal  ratio  between  gold  and  silver  only  masks 
the  real  danger  which  it  creates,  and  the  suspension  of  silver 
coinage  is  practically  equivalent  to  making  gold  the  stand- 
ard. This  preventive  measure,  however,  was  adopted  so 
late  that  many  hundred  millions  of  gold  were  previously 
taken  by  Germany  from  France,  in  exchange  for  depreciated 
thalers,  which  the  French  mint  kindly  recoined  into  French 
silver.  It  was  selling  our  gold  at  half  price.  Renew  the 
coinage  of  silver,  and  French  gold  will  again  go  abroad,  to 
be  replaced  by  silver  worth  only  half  its  nominal  value. 
The  choice  is  between  abolishing  free  coinage  of  silver,  and 
regular  bimetallism,  or,  to  give  up  all  legal  ratio  between 
gold  and  silver  which  is  the  first  condition  of  honest  bi- 
metallism. 

Some  bimetallists  reverse  the  question.  Instead  of  stop- 
ping the  monetary  fiction  that  now  exists  in  France,  they 
would  extend  it  throughout  the  whole  world,  on  the  ground 
that  as  soon  as  all  the  civilized  people  of  the  globe  unani- 
mously agree  to  accept  inferior  coin  as  good  money,  then 
there  will  be  no  more  bad  money  anywhere,  and  no  ruinous 
changes,  no  dangerous  crises.  The  law  guarantees  in  France 
and  in  the  Latin  Union,  the  full  nominal  value  of  depre- 
ciated money — make  this  universal  and  you  have  the  evil 
remedied.  There  is  little  probability  that  thirty  sovereign 
nations  will  ever  come  to  any  such  agreement.  In  England, 
it  is  thought  there  is  already  a  party  favoring  bimetallism. 
No  doubt  England  would  support  a  measure  that  brings  to 

[559] 


loo  Annaxs  op  thb  American  Academy. 

London  the  gold  driven  out  of  other  countries.  Bimetal- 
lism may  well  be  welcomed  in  England  as  an  article  of 
exportation.  As  to  applying  it  at  home,  there  is  no  likeli- 
hood, for  hereditary  habit  makes  gold  the  only  standard  in 
England. 

Germany  has  already  shown  its  opinion  by  demonetizing 
silver.  The  difficulties  resulting  from  the  Latin  Union  are 
not  likely  to  overcome  the  hesitation  of  governments  little 
inclined  to  give  up  their  financial  independence.  Suppose 
there  was  such  a  universal  agreement,  would  it  put  up  the 
price  of  silver?  Free  coinage  forced  on  the  entire  world, 
would  only  inundate  it  with  silver  coin,  which  would  soon 
fall  until  the  money  market  would  find  it  only  *  *  metallic 
assignat."  Could  any  agreement  compel  people  to  over- 
look the  relative  value  of  the  two  sorts  of  metallic  money  ? 
Everybody  would  try  to  accumulate  a  stock  of  the  more 
precious  coin,  just  as  happens  in  countries  with  legal  tender 
or  other  arbitrary  paper  money.  Could  any  law  prevent 
individuals  from  stipulating  for  payment  in  silver  or  gold, 
according  to  their  respective  intrinsic  values,  just  as  is  done 
in  bimetallic  countries,  in  spite  of  the  legal  parity  of  the 
two  kinds  of  money?  If  one  of  the  contracting  nations 
chose  to  resume  its  monetary  independence,  would  the  others 
try  to  constrain  it  by  military  force  to  renew  its  allegiance  ? 
Some  people  try  to  liken  silver  to  bank  notes,  payable  in 
gold — if  the  promise  is  loyally  kept,  then  there  is  nothing 
more  to  be  said.  Silver,  even  if  depreciated  one-half,  would 
still  have  a  certain  intrinsic  value — a  bank  note  has  none, 
and  depends  for  its  currency  on  the  credit  of  the  corpora- 
tion issuing  it.  Exchange  at  par  for  gold  is  more  natural 
and  legitimate  with  silver  than  with  paper. 

To  discuss  the  place  of  silver  is  opening  an  endless  field. 
A  bank  bill  is  a  promise  to  pay  gold,  iSvSued  and  signed  by 
the  payer,  but  silver  with  free  coinage  is  a  promise  to  pay 
in  gold  to  be  issued  by  the  payee.  A  bank  of  issue  regu- 
lates its  notes  by  the  ability  to  pay  them — that  gone,  its 

[560] 


How  TO  Save  Bimetallism.  ioi 

credit  is  lost,  its  notes  worthless.  A  free  and  unlimited 
coinage  of  silver  can  only  be  profitable  as  it  falls  in  value, 
thus  making  the  gain  depend  on  the  amount  of  the  depre- 
ciation of  silver.  Wherever  free  coinage  and  a  forced  legal 
ratio  go  hand  in  hand,  the  inferior  coin  will  steadily  fall  in 
value,  and  the  good  coin  will  just  as  steadily  be  withdrawn 
from  circulation  to  be  hoarded.  Abolish  all  attempts  to  fix 
a  legal  ratio,  and  every  coin  will  find  its  own  level.  Gold 
will  not  be  subject  to  the  risks  of  change  in  the  nominal 
par.  Silver  will  be  limited  in  coinage  by  the  voluntary  act 
of  the  producers,  and  will  have  more  real  value  than  any 
law  can  give  it. 

The  monetary  question  in  the  United  States  shows  the 
inextricable  difficulties  and  dangers  of  bimetallism.  Nat- 
urally, in  a  silver  producing  country  like  the  United  States, 
general  interests  are  subordinated  to  those  of  powerful  indi- 
viduals and  corporations  directly  interested  on  one  side  of 
the  question.  There  is  a  real  political  party  composed  of 
both  Democrats  and  Republicans,  united  by  their  common 
interest  in  raising  the  price  of  silver.  The  silver  men, 
strictly  speaking,  are  the  main  group — ^led  by  the  owners 
and  shareholders  in  mines,  and  supported  by  capitalists  and 
speculators  who  own  or  control  silver  mines  in  the  United 
States,  in  Mexico,  Bolivia,  Chile,  and  other  silver  producing 
countries  of  the  new  world.  The  game  is  managed  by  poli- 
ticians, who  know  how  to  throw  powder  in  the  eyes  of  the 
voters.  It  is  silver  powder  that  is  used  to  influence  the 
farmers  of  the  West,  always  great  borrowers  and  fanatical 
partisans  of  a  system  that  offers  the  precious  advantage  of 
repaying  in  silver  at  its  nominal  value  the  amounts  loaned 
them  in  gold  at  its  real  value,  practically  at  fifty  per  cent  of 
the  actual  debt.  The  old  proverb  is  that  the  man  who 
pays  his  debts  gets  rich  by  doing  so,  but  producers  are  easily 
led  to  believe  that  the  multiplication  of  silver  coinage  will 
raise  the  price  of  their  stock  and  crops  and  increase  their 
profit.     The  bulk  of  the  people  confound  the  increase  of  the 

[56'] 


I02  Annai^  op  ths  American  Academy. 

stock  of  metal  coin  with  a  real  increase  of  wealth,  and  '  *  in- 
flation "  is  a  word  that  works  like  a  charm,  apparently  making 
an  actual  addition  to  the  fortune  of  every  man  alike  in 
North  and  South  America.  A  syndicate  of  ignorance,  error 
and  self-interest  tries  to  gain  the  triumph  for  silver  or  soft 
money,  only  to  enable  the  managers  to  exchange  it  for  gold 
at  a  profit  of  fifty  per  cent. 

The  different  efforts  of  the  leaders  are  too  recent  to  need 
any  repetition.  The  so-called  Sherman  L,aw  compelled  the 
Federal  government  to  buy  periodically  a  large  stock  of 
silver,  and  to  issue  treasur>'  notes,  redeemable  in  gold  or 
silver,  and  then  to  coin  the  silver  into  pieces  of  a  nominal 
value  about  double  their  intrinsic  value,  but  always  ex- 
changeable for  gold  at  par.  Then  there  was  an  issue  of 
silver  certificates,  payable  only  in  silver.  This  complicated 
mechanism,  involving  gold  and  silver,  paper  and  good  and 
depreciated  money,  was  all  intended  to  provide  for  the  silver 
men  a  permanent  market  for  their  productions,  to  prepare 
the  way  for  exclusive  silver  coinage,  and  to  enable  them  to 
realize  a  profit  by  exchanging  fifty  cents'  worth  of  silver  for 
a  dollar  in  gold.  It  was  far  beyond  any  dream  of  the 
alchemists  of  the  Middle  Ages  in  their  search  for  the  trans- 
mutation of  metals.  It  was  done  openly  without  expense 
or  risk,  by  a  sort  of  ofiicial  alchemy,  with  the  help  of  legal 
tender  paper  as  a  solvent.  The  evil  results  were  soon 
apparent.  American  gold  steadily  went  abroad  in  increas- 
ing amounts,  and  only  the  power  of  the  Custom  House*  to 
collect  duties  on  importations  in  gold  prevented  the  almost 
total  disappearance  of  gold  from   circulation   in   the  very 

•  [Mr.  Horace  White,  of  New  York,  in  commenting  on  this  statement  made  by 
the  Due  de  NoaiUes  in  a  French  article  on  the  same  subject,  published  in  the 
Revue  des  Deux  Mondes  for  September  i,  1894,  calls  attention  to  the  slight  error  in 
our  French  critic's  statement.  Customs  duties  in  the  United  States  were  payable 
in  gold,  meaning  gold  exclusively,  until  the  resumption  of  specie  payments  in 
1879,  at  which  time  gn'eenbacka  were  made  receivable  by  Treasury  Order.  Since 
the  Act  of  1890,  silver  dollars,  silver  certificates  and  treasury  notes  are  received 
for  customs.  In  June,  1889.  945.^  per  cent  of  customs  duties  were  paid  in  gold  ;  in 
July,  1894,  none  was  paid  in  gold  ;  and  in  August,  1894,  only  one-balf  of  one  per 
cent] 

[562] 


How  TO  Save  Bimetallism.  103 

country  that  produces  it  so  largely.  Happily,  President 
Cleveland  put  a  stop  to  all  these  manoeuvres.  Not  only  did 
he  secure  the  repeal  of  the  Sherman  Law,  but  he  also  vetoed 
the  Seignorage  bill,  which  tlireateued  to  injure  American 
finances.  He  is  heartily  supported  by  all  who  demand  a 
sound  currency ;  but  the  silver  men  still  protest,  and  their 
leader  in  Congress,  Mr.  Bland,  insists  on  the  re-establish- 
ment of  free  coinage. 

As  long  as  the  temptation  exists  of  making  a  great  profit 
by  a  popular  and  apparently  inofiensive  law,  there  will  be 
found  politicians  to  advocate  it,  and  fools  or  worse  to  vote 
for  them.  There  always  is  the  veto ;  but  will  the  next 
President  use  it?  In  Europe  there  is  no  such  personal 
interest,  and  there  is  no  such  constitutional  power  to  escape 
threatened  mischief  by  unsound  legislation.  Why,  then, 
should  there  be  such  a  blind  attachment  to  a  system  that 
must  in  the  end  sacrifice  good  money  for  bad  ?  A  few  specu- 
lators and  middle  men  may  profit  by  it,  but  their  interest  is 
not  the  only  thing  to  be  considered.  Some  countries,  with 
depreciated  currency  and  bad  financial  conditions,  may 
benefit,  and  some  economists  may  argue  that  they  are 
entitled  to  the  advantage  of  such  an  international  comity, 
but  it  could  not  last,  nor  is  it  desirable  that  it  should. 

In  spite  of  all  the  growing  facilities  for  a  rapid  exchange 
of  commodities  between  difierent  distant  countries,  banks 
and  large  corporations  feel  the  necessity  of  maintaining 
large  reserves  in  coin,  to  sustain  their  credit  on  a  solid 
foundation.  That  precaution  would  be  illusory  if  the  money 
thus  put  away  was  to  lose  its  full  value.  Europe  is  still  the 
banker  of  the  whole  world.  Its  credit  is  based  on  the  great 
capital  accumulated  in  the  last  seventy  or  eighty  years.  A 
thoroughly  sound  currency  and  a  coinage  of  absolute  and 
unchangeable  value  alone  can  guarantee  the  material  superi- 
ority of  its  resources.  Europe  has  risks  that  are  not  known 
in  the  United  States,  and  would  pay  much  more  dearly  for 
the  error  of  an  imprudent  system  of  bimetallism.     If  war 

[563] 


I04  Annals  of  the  American  Academy. 

were  to  break  out  in  Europe,  requiring  the  banks  and 
bankers  and  the  national  treasuries  to  throw  their  resources 
and  reserves  broadcast  throughout  the  markets  of  the 
world,  a  great  shock  would  be  the  result  if  the  stock  of 
silver  was  found  to  be  worth  only  half  its  nominal  value. 
Yet  the  every-day  exchange  of  silver  and  gold  on  a  false 
ratio  might  very  well  bring  about  just  such  a  result.  A 
wise  economist  said  that  the  real  value  of  national  currency 
depends  on  what  it  is  worth  abroad,  not  on  what  it  passes  for 
at  home. 

Admitting  that  bimetallism  is  to-day  in  a  bad  way,  does  it 
follow  that  the  two  metals  cannot  be  safely  used  ?  The  farm- 
ing interest  in  France  certainly  believes  in  silver  coinage. 
Logically,  there  is  no  good  argument  for  it,  and  the  legal 
fiction  by  which  it  is  sought  to  keep  silver  in  use,  as  well  as 
gold,  has  only  done  harm  to  both  metals  ;  but  w^hy  not  try 
a  parallel  and  independent  bimetallism?  It  would  bring 
back  a  real,  sound,  truthful  value  to  both  gold  and  silver. 
Each  would  have  its  own  value,  based  on  the  weight  of  the 
coins  either  in  gold  or  in  silver,  without  any  proportion  or 
ratio.  Put  aside  all  idea  or  notion  of  comparative  value, 
and  let  it  be  one  absolute  market  value  of  so  much  weight 
of  metal.  The  value  of  a  coin  as  such  is  a  mere  guess,  for 
it  changes  according  to  the  rise  or  fall  of  the  market ;  but  a 
fixed  weight  can  always  be  made  permanent  whether  it  be 
gold  or  silver. 

The  parallel  existence  of  two  kinds  of  independent  metal 
coins  would  enable  business  men  to  choose  one  or  the  other 
according  to  the  varied  needs  of  international  exchanges. 
Gold  for  England  or  Germany,  silver  for  Mexico  or  China, 
just  as  the  buyer  and  seller  choose  to  arrange.  Every 
country  could  give  and  receive  the  money  in  use  within  its 
borders.  The  weight  of  the  metal  exchanged  would  be  the 
true  and  universal  monetary  unit,  and  civilized  States  could 
agree  upon  a  unit  of  weight,  just  as  at  Chicago  they 
adopted  the  same  electric  units. 

[564] 


How  TO  Savb  Bimetallism.  105 

It  may  be  said  that  the  suppression  of  the  existing  ratio 
would  reduce  by  one-half  the  value  of  the  metallic  stock  of 
silver,  and  thus  inflict  an  enormous  loss  on  the  nations  now 
encumbered  by  it.  But  silver  is  not  entitled  to  the  privilege 
of  anything  more  than  its  real  value.  At  all  events,  the  loss 
has  already  been  made,  and  it  is  not  increased  by  admitting 
the  fact,  any  more  than  it  is  lessened  by  refusing  to  recog- 
nize it.  The  thousand  millions  of  silver  now  held  by 
various  nations  may  be  quoted  and  reported  at  their  nominal 
value  in  Treasury  Reports  or  in  bank  balances ;  but  they  are 
only  worth  five  hundred  millions  in  the  world's  markets, 
and  it  would  be  just  as  well  to  say  so  frankly  and  fairly. 
In  domestic  dealings  within  the  limits  of  the  countries  with 
forced  legal  ratios,  there  would  be  some  practical  diflficulties 
in  the  process  of  transition  from  the  old  to  the  new  system. 
But  in  France  to-day  the  five-franc  silver  piece  is  only  a  con- 
ventional coin,  and  its  real  value  has  little  to  do  with  its 
convenience  in  use.  Even  the  partisans  of  real  bimetallism 
are  ready  to  agree  to  necessary  sacrifices  and  to  change  the 
present  legal  ratio — that  means  a  loss  large  or  small ;  Why 
not  put  an  end  to  all  ratio,  arid  get  at  the  real  truth  of  the 
case? 

The  final  solution  of  the  problem  must  come  firom  America, 
which  supplies  one-half  at  least  of  all  the  silver  produced  in 
the  world.  The  principal  silver  interest  in  the  two  Ameri- 
can continents.  North  and  South,  is  centred  in  forty  persons 
or  groups,  largely  located  in  the  United  States.  These 
"Silver  Kings,"  few  in  number,  are  the  masters  of  the 
market.  It  depends  on  them  whether  silver  shall  be  restored 
to  its  lost  value,  and  the  fate  of  silver  is  in  their  hands. 
Their  true  plan  is  to  work  honestly  for  a  sound  financial 
reform.  It  is  useless  for  them  to  try  by  secret  schemes  to 
profit  by  the  enormous  difference  between  the  real  and  the 
nominal  value  of  silver.  There  must  be  an  end  to  their 
efforts  to  repeal  the  law  which  forbids  the  coinage  of  silver 
for  individuals  ;  to  all  attempts  to  re-establish  the  circulation 

[565] 


io6  Annals  of  run  American  Academy. 

of  depreciated  money,  at  the  risk  of  driving  gold  from  the 
country  and  ruining  the  national  credit. 

A  new  campaign  should  be  inaugurated,  with  the  platform 
of  honest  free  silver,  and  free  and  honest  bimetallism — silver 
at  its  real  value,  and  no  ratio  between  it  and  gold.  When 
the  legal  authority  ratifies  such  a  plan,  free  coinage  will  have 
no  danger.  Instead  of  being  suspected  if  it  is  circulated,  or 
useless  if  it  is  stored  up,  the  silver  dollar  will  be  an  honest 
dollar,  and  will  take  its  proper  place  in  the  monetary  world. 
The  American  silver  men  will,  of  course,  laugh  at  the  sug- 
gestion that  they  should  thus  sacrifice  their  present  profit  for 
the  futtue  benefit  of  real  independent  bimetallism.  The 
syndicate  of  silver  men  relies  on  its  power  to  carry  with  it 
the  opinion  and  the  votes  of  the  masses,  and  thus  to  def}^ 
the  enlightened  public  opinion  of  the  minority.  It  hopes  to 
revenge  itself  for  the  blow  inflicted  by  Cleveland's  veto.  It 
may  get  from  Congress  such  legislation  as  wall  for  a  time 
give  silver  a  priority  even  over  gold  in  its  coining.  But 
nothing  can  prevent  the  final  victory  of  truth  and  justice 
in  the  end.  It  is  a  noble  maxim  of  American  libert}^  that 
no  man  should  go  to  the  extreme  of  his  right.  The  real 
interest  of  the  bimetallists  of  the  United  States  lies  in  not 
carrying  out  to  the  bitter  end  all  their  faults. 

No  human  power  could  prevent  the  fall  of  silver.  Clever 
management  would  lead  the  silver  men  to  submit  to  the 
inevitable  with  a  good  grace  and  get  out  of  it  all  they  can. 
The  fortunes  gained  in  bonanza  mines  will  not  be  seriously 
affected,  and  the  independence  of  the  two  metals  will  mark 
a  new  departure  which  will  open  to  both  an  honorable  career 
and  restore  them  to  their  normal  conditions.  The  coined 
silver  will  be  simple  merchandise,  just  as  gold  is  for  many 
purposes,  and  the  owners  of  silver  mines  will  make  their 
profit  by  selling  or  buying  silver  at  the  current  market  rates. 
The  price  will  naturally  advance,  for  the  profit  in  exchanging 
silver  for  gold  will  depend  on  preventing  a  superabundant 
supply,  and  the  interest  of  the  producer,  in  conformity  with 

[566] 


p 


How  TO  Save  Bimetai^lism.  107 

the  law  of  supply  and  demand,  will  regulate  the  production 
according  to  the  market.  If  there  is  really  need  for  double 
the  present  circulating  silver  coin,  so  as  to  make  its  nominal 
value  equal  to  its  real  value,  then  silver  mine  owners  will 
find  a  market  for  just  double  the  stock,  and  the  increase  in 
quantity  will  compensate  at  least  in  part  for  the  fall  in  price. 
If  there  is  an  excess  of  silver  coinage  in  circulation,  why 
should  the  mine  owners  be  helped  by  forced  purchases  by 
the  national  treasury  of  an  article  which  it  can  not  use 
or  sell  ? 

Suppose  the  silver  syndicate  sacrifices  half  to  save  the 
other  half  of  its  stock  of  silver, — would  that  not  be  better 
than  a  final  crisis  which  would  irrevocably  end  in  demone- 
tizing silver  and  establishing  a  gold  standard  all  the  world 
over  ?  The  silver  men  of  the  United  States  can  either  bring 
on  the  bankruptcy  or  the  real  re-establishment  of  silver  as  a 
marketable  commodity. 

Now  is  the  time  to  raise  silver  to  its  proper  place,  by  using 
it  in  a  simplified  method  of  international  exchanges.  Make 
silver  a  medium  for  that  and  it  will  regain  much  of  its  lost 
credit.  To  begin,  why  should  not  Americans  make  a  new 
silver  coin  of  which  the  weight  should  fix  its  value  ?  There 
is  no  need  of  a  legal  ratio  or  of  any  change  in  the  current 
coins,  but  there  would  thus  be  a  new  coin  that  could  readily 
be  used  to  facilitate  exchange  with  other  countries.  Such  a 
new  coin  should  retain  the  good  old  name  of  dollar,  but  to 
avoid  confusion  with  old  issues,  it  should  be  called  the  "  ster- 
ling dollar,"  for  it  would  be  used  in  England  and  especially 
in  India.  The  weight  should  be  stamped  in  grammes,  as  a 
recognition  of  the  scientific  and  practical  value  of  the  French 
metrical  system.  The  face  of  the  coin  might  well  have 
clasped  hands,  with  the  title  "Universal  Sterling  Dollar'* 
and  the  weight  legibly  engraved.  The  reverse  could  g^ve  its 
equivalent  in  the  weight  of  different  countries  where  it  is 
sure  to  be  used,  for  India,  Japan,  China,  Africa,  South  Amer- 
ica would  all  welcome  the '*  Universal   Dollar,"  in  place 

[567] 


io8  AnnaIvS  of  the  American  Academy. 

of  the  silver  bars  used  now  in  the  far  East, — which  have 
now,  too,  no  other  value  than  their  weight.  Such  coin 
would  soon  drive  out  of  circulation  pieces  with  only  half 
their  nominal  value, — and  doubtful  piastres,  rastadouros, 
trade  dollars  and  other  such  mischief  makers  in  international 
exchanges.  As  far  back  as  1881  a  German  economist, 
Eggers,  proposed  a  ** Trade  Dollar,"  which  should  meet 
all  the  requirements;  but  he  wanted  it  to  be  made  legal. 
Why  not  leave  it  to  be  first  tried  as  a  commercial  venture, 
and  not  enter  on  the  doubtful  field  of  financial  legislation  ? 
Why  try  to  reduce  it  to  the  terms  of  a  law  ?  The  American 
silver  men  could  soon  get  the  world  to  accept  such  a  coin. 

The  real  difficulty  of  the  situation  seems  to  rest  on  these 
points:  the  absolute  impossibility  of  securing  the  concurrence 
of  the  producers  of  silver  in  the  United  States  in  any  system 
of  independent  bimetallism;  the  extension  of  any  system  of 
bimetallism  depends  next  on  the  participation  of  England, 
which  seems,  like  Germany,  absolutely  opposed  to  its  recog- 
nition in  any  form.  On  the  other  hand,  the  present  condi- 
tion is  full  of  peril.  Governments  may  well  hesitate  to  face 
an  immediate  money  crisis  in  order  to  escape  future  risks; 
but  when  the  time  comes  to  act,  it  will  never  do  to  build  up 
again  a  faulty  system  on  a  legal  lie.  The  choice  is  between 
the  two  parties,  those  who  recognize  the  possibility  and  ad- 
vantage of  some  form  of  independent  parallel  bimetallism, 
and  believe  in  honest  silver  in  the  money  of  the  world, 
or  those  who  are  loyal  only  to  gold  monometallism. 

Due  DE  NOAII.I.ES. 
/ton*. 

[This  statement  of  the  views  of  the  Due  de  Noailles  was  prepared  for  the  Acad- 
emy, at  his  request,  by  Mr.  J.  G.  Rosengarten.] 


[568] 


BRIEFER  COMMUNICATIONS. 


BCONOMIC   AND  UNECONOMIC  ANTI-TRUST  LEGISI.ATION. 

Mr.  W.  W.  Cook,  in  his  little  work  on  "Trusts"  (p.  4),  defines  a 
trust  as  "a  combination  of  many  competing  concerns  under  one 
management,  which  thereby  reduces  the  cost,  regulates  the  amount 
of  production,  and  increases  the  price  for  which  the  article  is  sold." 
As  Mr.  Cook  is  severe  in  his  denunciation  of  trusts,  we  may  fairly  infer 
that  this  definition  is  not  unduly  favorable.  Now  certainly  it  is  not 
an  evil  to  "  reduce  the  cost"  of  producing  an  article.  Nor,  in  view 
of  the  evils  of  "over-production,"  is  it  necessarily  an  evil  to  "regu- 
late the  amount  of  production."  The  evil  lies,  then,  in  "  increasing 
the  price  for  which  the  article  is  sold."  Thus  it  appears  that,  if  the 
objects  in  creating  a  trust  are  attained,  some  good  will  result,  as  well 
as  some  harm.  Is  there  no  way  of  securing  this  good  while  avoiding 
the  harm  ?    We  think  there  is. 

Prior  to  the  year  1889,  there  had  been  little  or  no  legislation  directed 
against  trusts.  We  do  indeed  find  what  is  perhaps  the  earliest  dis- 
tinctively *' anti-trust  "  provision  (either  constitutional  or  statutory*) 
established  in  this  country,  namely,  the  following  provision  of  the 
Georgia  Constitution,  adopted  in  1877  :  "  The  General  Assembly  shall 
have  no  power  to  authorize  any  corporation  ...  to  make  any 
contract  or  agreement  whatever  with  any  (other)  corporation,  which 
may  have  the  effect  or  be  intended  to  have  the  eflfect  to  defeat  or  lessen 
competition  in  their  respective  businesses,  or  to  encourage  monopoly  : 
and  all  such  contracts  and  agreements  shall  be  illegal  and  void." 
This  may,  however,  be  regarded  as  a  "sporadic"  instance,  and  was 
directly  aimed  at  railroad  combinations,  rather  than  at  what  are  now 
known  as  trusts. 

But  the  investigations  carried  on  in  1888  by  committees  appointed  by 
the  United  States  House  of  Representatives,  by  the  New  York  Senate, 
and  by  the  Canadian  House  of  Commons,  resulted  in  a  widely  pervad- 
ing view  that  stringent  legislation  on  the  subject  was  necessarj-;  hence, 
in  1889,  no  fewer  than  thirteen  States  took  action.  In  Kansas,  Maine, 
Michigan,  Missouri,  Nebraska,  North  Carolina,  Tennessee  and  Texas 
"anti-trust  "  statutes  were  enacted;  in  the  new  States  of  Idaho,  Mon- 
tana, North  Dakota,  Washington  and  Wyoming,  constitutional  pro- 
visions to  the  same  effect  were  adopted.     In  iS^  Jive  more  States  fell 

[569] 


no  Annals  of  th^  American  Academy. 

into  line  by  also  enacting  anti-trust  statutes,  viz :  Iowa,  Kentucky, 
Louisiana,  Mississippi  and  South  Dakota,  besides  the  territory  of 
Oklahoma.  (In  Kentucky,  in  1891,  and  in  Mississippi,  in  1890,  consti- 
tutional provisions  to  the  same  eflfect  were  adopted.)  In  1890,  too,  a 
statute  was  enacted  in  North  Dakota  supplemiental  to  the  constitutional 
provision  above  referred  to.  In  1891  three  more  States,  viz  :  Alabama, 
Illinois  and  Minnesota,  enacted  such  statutes,  besides  the  territory  of 
New  Mexico;  and  in  1893,  Uvo  more  States,  viz:  New  York  and  Wis- 
consin. In  1893  too  an  anti-trust  statute  was  enacted  in  California 
confined  in  its  application  to  live  stock;  also  one  in  Nebraska  confined 
to  coal  and  lumber.  In  some  instances  these  statutes  as  originally 
enacted,  have  been  amended,  or  re-enacted,  to  cure  supposed  or  real 
defects:  thus,  in  Missouri  and  Tennessee  in  1891,  in  Louisiana  in  1892, 
and  in  Illinois,  Minnesota  and  South  Dakota  in  1893.  Thus,  we  have 
at  present*  '  *  anti-trust ' '  provisions,  either  constitutional  or  statutory, 
in  one-half  the  States  of  the  Union.  Besides  these  are  the  Act  of  Con- 
gress of  July  2,  1890,  directed  to  the  same  end,  and  the  similar  pro- 
vision in  the  Tariflf  Act  of  August,  1894.  All  these  statutes  have  in 
view  the  prevention  of  the  existence  of  trusts. 

But  it  is  almost  too  obvious  for  argument,  that  production  on  a  larger 
scale  results  in  a  smaller  cost  of  production.  Every  one  familiar  with 
"shopping"  in  our  large  cities  knows  that  the  large  retail  stores,  not- 
withstanding their  costly  establishments  and  service,  are  able  to  perma- 
nently undersell  the  smaller  establishments.  And  it  is  well  known  that 
the  creation  of  the  combination  known  as  the  Standard  Oil  Trust  has 
resulted  in  a  large  decrease  in  the  price  of  oil.  Professor  Gunton  has 
very  clearly  shown  f  how  it  came  about  that  reduction  in  cost  of  pro- 
duction resulting  from  the  establishment  of  that  Trust,  caused  the  price 
of  refined  oil  to  fall  in  eight  years  from  over  twenty-four  cents  to  less 
than  nine  cents,  not  to  speak  of  a  great  improvement  in  the  quality 
of  the  oil. 

In  view  of  these  facts,  and  many  others  that  might  be  mentioned, 
no  one  will,  we  think,  dispute  that,  other  things  being  equals  the 
present  tendency  toward  the  concentration  of  capital  is  a  beneficial 
one.  In  this  view,  the  present  course  of  legislation  having  in  view  the 
prevention  of  such  concentration  is  indefensible  as  producing  a  public 
injury,  in  forcing  the  necessaries  of  life  to  be  wastefully  produced  by 
a  relatively  large  number  of  independent  concerns  at  a  greater  cost 
than  if  produced  by  one  comprehensive  concern. 


*  This  statement  is  possibly  incomplete  with  reference  to  statutes  that  may  hare 
been  enacted  in  1894. 

t "  Social  Economics,"  part  4,  ch.  ri. 

[570] 


Anti -Trust  Legislation.  hi 

But  we  waive  discussion  of  the  general  question  whether,  after  all, 
any  legislation  whatever  having  in  view  even  the  regulation  of  trusts 
is  absolutely  necessary.  On  the  assumption  that  such  legislation  is  a 
practical  necessity,  in  view  of  existing  popular  prejudice,  we  now 
proceed. 

The  mode  of  action  that  seems  to  us  the  proper  one,  is  not  new;  it 
is  already  in  actual  use  to  such  an  extent,  indeed,  that  it  is  almost  sur- 
prising that  it  has  not  been  already  recognized  and  adopted  as  the  true 
one  applicable  to  trusts.  The  rule  is  simply  this:  Where  there  is  a 
monopoly  of  the  production  of  an  article  of  necessary  public  use,  let 
the  price  as  charged  by  the  monopolist  be  {where  necessary)  limited  to 
a  maximum  fixed  by  law.  This  is  the  rule  at  the  basis  of  the  Inter- 
State  Commerce  Law,  and  has  been  applied  to  the  price  of  gas  fur- 
nished in  cities.  Thus  it  is  provided  by  statute  in  New  York  that,  in 
any  city  of  more  than  800,000  inhabitants,  the  price  of  illuminating 
gas  shall  not  exceed  I1.25  a  thousand.*  So  in  the  case  of  elevator 
charges  (hereafter  to  be  noticed). 

If  the  rule  works  well  in  these  cases,  why  should  it  not  be  given  gen- 
eral application  ?  The  public  would  enjoy  all  the  advantages  of  a 
decreased  cost  of  production,  without  the  disadvantages  of  a  price  estab- 
lished in  the  absence  of  competition.  And,  in  accord  with  the  maxim 
of  "large  sales  and  small  profits,"  those  controlling  the  monopoly 
would,  even  under  the  restriction  of  a  properly  established  maximum 
price,  have  a  suflficient  inducement  to  produce.  This  appears  from  the 
circumstance  that  the  gas  companies  in  New  York  City  and  Brooklyn 
continue  to  do  business,  notwithstanding  the  limitation  referred  to. 
It  is  scarcely  necessary  to  add  that  it  will  sufl&ce  to  merely  limit  the 
price  as  charged  by  the  monopolist,  without,  however,  attempting  to 
limit  the  price  as  charged  by  retailers,  for  instance. 

Assuming  such  legislation  to  be  abstractly  desirable  under  proper 
conditions,  it  remains  to  consider  some  practical  difficulties  and  the 
best  methods  of  obviating  them.  Such  difficulties  arise  from  certain 
provisions  in  the  Constitution  of  the  United  States  (ignoring,  for  the 
present,  any  possible  difficulties  arising  from  provisions  in  State  con- 
stitutions). 

Would  such  legislation  be  opposed  to  the  requirement  of  the  Four- 
teenth Amendment :  "Nor  shall  any  State  deprive  any  person  of  life, 
liberty  or  property,  without  due  process  of  law?  "  The  Supreme  Court 
of  the  United  States  hasf  decided  that  the  Fourteenth  Amendment 
was  not  contravened  by  a  State  statute  (of  New  York)  fixing  a  maxi- 
mum charge  for  receiving,  weighing  and  discharging  grain  by  means 

♦  See  Session  Laws,  1893,  ch.  566,  sec.  70. 
fin  February,  1892. 

[570 


112  Annai^  of  thk  American  Academy. 

of  elevators  and  warehouses.*  Judge  Andrews,  delivering  the  judg- 
ment of  the  Court  of  Appeals,  said  :  "  We  rest  the  power  of  the  legis- 
lature to  control  and  regulate  elevator  charges,  on  the  nature  and  extent 
of  the  business,  the  existence  of  a  virtual  monopoly^  the  benefit 
derived  from  the  canal,  creating  the  business  and  making  it  possible, 
the  interest  to  trade  and  commerce,  the  relation  of  the  business  to  the 
prosperity  and  welfare  of  the  State,  and  the  practice  of  the  legislature 
in  analogous  cases."  The  same  view  was  adopted  by  the  Supreme 
Court  And  in  a  previous  decision!  the  same  court  declared  in  an 
opinion  written  by  Chief  Justice  Waite  :  **  It  is  within  the  power  of 
the  government  to  regulate  the  prices  at  which  water  shall  be  sold  by 
one  who  enjoys  a  virtual  monopoly  of  the  sale." 

Thus  there  seems  reason  to  believe  that  the  Fourteenth  Amendment 
furnishes  no  obstacle  to  legislation  of  the  kind  proposed.  But  a  more 
serious  diflficulty  remains  to  be  considered. 

Supposing  the  State  of  New  York,  for  instance,  to  enact  a  statute 
fixing  a  maximum  price  for  a  ton  of  coal,  such  statute  may  be  assumed 
to  be  valid,  so  far  as  concerns  any  coal  produced,  or  that  might  be  pro- 
duced, and  sold  within  the  State.  But  what  efiect  would  such  a  statute 
have  as  to  coal  produced  in  Pennsylvania,  imported  into  New  York, 
and  sold  there  by  the  importer  directly  to  the  consumer  ?  It  would  be 
absolutely  null,  as  conflicting  with  the  exclusive  power  of  the  Federal 
government  to  **  regulate  commerce  among  the  several  States."  It 
was  so  held  by  the  Supreme  Court  of  the  United  States  in  the  well- 
known  "original  package  case,"  involving  the  eflfect  of  the  Iowa 
prohibitory  law.  J  Hence,  in  the  absence  of  co-operating  Federal  leg- 
islation, a  New  York  statute  fixing  a  maximum  price  of  coal  would, 
so  far  as  eflfectual,  tend  to  defeat  its  own  end  by  giving  the  monopolist 
coal  producer  a  monopoly  of  the  retail,  as  well  as  of  the  wholesale, 
traffic. 

Yet  there  is  a  way  out  of  the  difficulty,  a  way  similar  to  that  devised 
for  the  purpose  of  giving  effect  to  State  prohibitory  legislation.  We 
refer  to  the  '*  Wilson  law,"  enacted  by  Congress  in  1890,  and  provid- 
ing that  "intoxicating  liquors  shall,  upon  arrival  in  a  State  or  terri- 
tory, be  subject  to  the  operation  of  the  police  power  of  the  State." 
This  statute  furnishes  the  needed  suggestion.  We  should  have  legisla- 
tion by  Congress,  to  the  effect  that  articles  imported  into  a  State  (at 
least  such  articles  as  are  necessaries  of  life)  shall,  upon  arrival  in  the 

•  See  Budd  w.  New  York,  143  U.  S.,  517 ;  which  affirmed  the  decision  of  the  New 
York  Court  of  Appeals  in  117  N.  K,  i. 
t  Spring  Valley  Water  Works  vs.  Schottler,  no  U.  5.,  347,  354- 
I  l>i«y  vi.  Hardin,  135  £/.  5 ,  100. 

[572] 


Trusts:  Abuses  and  Remedies.  113 

state,  be  subject  to  the  power  of  the  State  to  fix  a  maximum  price 
therefor. 

Frederick  H.  Cooks. 

New  York  Cily. 


\ 


TRUSTS  :    ABUSES  AND  REMEDIES. 

The  general  effect  of  monopolies  has  been  to  depress  the  price  of  the 
material  they  use  and  raise  the  cost  to  the  consumers.  Upon  the  whole, 
this  modem  trust  has  not  been  conducted  in  a  manner  satisfactory  to 
the  people.  Some  legal  restraint  must  be  put  upon  it,  or  the  char- 
acter of  its  incorporators  greatly  improved. 

The  issuing  of  licenses  upon  pajrment  of  a  certain  sum  is  one  way  by 
which  the  monopoly  might  be  controlled.  The  taxation  of  street  car 
lines,  gas  and  water  works  companies  by  municipalities,  is  now  quite 
the  fashion.  There  is  a  large  school  of  thiukers  who  advocate  this 
scheme  of  taxation  as  an  easy  means  of  bringing  in  revenue.  The 
idea  seems  to  be  a  popular  one  and  a  number  of  cities  already  derive 
a  considerable  portion  of  their  income  from  this  source. 

Nevertheless,  it  is  a  species  of  indirect  taxation  and  very  unequal  in 
its  bearings  upon  individuals.  The  revenue  from  franchises  and  j)er- 
centages  on  gross  receipts,  had  better  be  left  in  the  pockets  of  the  peo- 
ple who  patronize  the  monopolies.  The  highways  belong  to  the  people 
of  the  city  and  to  tax  themselves  for  using  their  own  highways  is  an 
absurdity.  It  would  seem  more  statesmanlike  to  require  the  monopoly 
to  serve  the  people  at  the  lowest  price  that  would  bear  a  given  dividend. 
If  the  special  taxes  were  removed  from  car  lines  many  of  them  could 
afford  to  reduce  the  fare  from  five  to  three  cents  which  would  effect  a 
saving  to  the  wage-earner  of  ten  to  twenty  dollars  |>er  annum. 

Another  and  more  just  manner  of  dealing  with  the  trust  would 
be  to  give  it  free  scope  but  fix  a  maximum  price  for  the  articles  it 
controls. 

Corporations  have  liberty  as  individuals  to  pursue  their  own  ends, 
bat  not  to  injure  the  public.  An  exorbitant  charge  for  a  monopolized 
article  is  as  much  an  injury  as  a  depredation  on  one's  property  or  an 
assault  upon  one's  person.  Neither  a  corporation  nor  an  individual, 
at  common  law,  has  tlie  right  to  inflict  public  injury.  The  purchase  of 
an  article  from  a  trust  at  an  excessive  price  does  not  necessarily  con- 
stitute a  valid  contract,  either  from  a  moral  or  legal  point  of  \'iew.  A 
strict  interpretation  of  the  conmion  law  would  require  all  contracts  to 
be  based  upon  equivalent  values.  The  law  does  not  recognize  con- 
tracts where  there  is  no  "value  received."  and  nothing  but  expedi- 
ency can  prevent  it  from  questioning  implied  contracts  where  one 
party  in  trading  returns  only  a  partial  equivalent  of  tlie  value  received. 

[573] 


114  Annals  of  the  American  Academy. 

When  more  is  taken  than  given,  the  excess  is  equivalent  to  extortion. 
Such  a  transaction  "violates  morally"  as  much  as  gambling,  and 
differs  from  it  only  in  degree. 

Monopolistic  exactions  may  violate  the  principles  of  the  common 
law  in  another  aspect.  Drunkenness,  insanity,  infancy,  etc.,  are  also 
grounds  for  invalidating  contracts,  showing  that  the  law  seeks  to 
prevent  taking  advantage  of  one's  extremity.  Where  there  is  effec- 
tive competition  a  citizen  has  the  liberty  of  protecting  himself  by 
seeking  the  lowest  market,  but  a  citizen  confronting  a  monopoly, 
dealing  in  a  necessary  of  life,  is  not  free  to  buy  or  refuse.  He  has 
no  option.  His  patronage  is  compulsory.  The  moral  validity  of  any 
bargain  may  well  be  questioned  where  the  agreement  is  not  optional. 

An  excessive  charge  by  a  trust  is,  therefore,  a  distinct  public  injury 
and  "opposed  to  public  policy."  Under  this  conception,  the  law 
may  legitimately  limit  the  price  of  a  commodity  controlled  by  a  trust. 
As  competition  disappears  this  principle  of  the  common  law  may  be 
brought  into  better  service. 

A  trust  is  not  the  machination  of  a  knave  nor  is  it  a  mushroom  in 
the  industrial  world.  It  had  its  origin  in  a  time  when  man  was  just 
emerging  from  a  state  of  barbarism.  It  is  the  natural  outcome  of 
progress  and  its  roots  are  deep  in  the  ground.  There  is  no  use  in 
railing  against  it  for  it  has  come  to  stay.  It  cannot  be  uprooted  by 
statutes,  nor  destroyed  by  invective.  In  the  savage  state  no  partner- 
ships existed  because  men  were  dishonest  and  distrustful.  As  morals 
improved,  men  gradually  began  to  confide  in  one  another  ;  partnerships 
were  formed,  then  large  associations  of  men,  on  up  to  the  corporation 
of  to-day,  with  its  hundreds  of  stockholders.  The  trust  is  an  enlarge- 
ment of  this  principle.  It  is  a  partnership  of  corporations.  There 
can  be  nothing  wrong  in  a  trust  per  se.  If  two  men  may  combine  in 
a  certain  business,  so  also  may  three,  and  if  three,  why  not  ten,  a 
hundred,  a  thousand  or  ten  thousand  ?  It  violates  no  principle  and  is 
not  necessarily  hurtful  in  its  operations.  It  may  in  the  hands  of  cor- 
rupt men  be  a  menace  to  society,  as  gunpowder  or  a  pocket-knife  may 
be  in  the  hands  of  a  fiendish  individual.  But  properly  conducted,  a 
trust  can  be  made  to  have  the  same  effect  upon  industry  as  labor- 
saving  machinery. 

The  main  objection  to  trusts  is  that  they  are  disposed  to  depress  the 
prices  of  the  things  they  buy  and  raise  the  prices  of  the  things  they 
«ell.  As  to  depressing  the  prices  of  the  things  they  buy  there  is  no 
mitigation  of  that  offence.  As  to  raising  the  price  of  the  things  they 
«ell,  there  is,  in  many  cases,  entire  justification.  The  intense  com- 
petition in  some  industries  has  caused  over-production  and  reduced 
prices  l^elow  the  line  of  profit.     The  prevalent  practice  of  cutting  each 

[574] 


Trusts  :  Abuses  and  Remedies.  115 

other's  throats  was  the  strongest  plea  for  co-operation.  The  restora- 
tion of  prices  to  a  reasonable  extent  does  not  provoke  public  censure. 
But  a  number  of  trusts  seem  to  be  actuated  entirely  by  greed.  Many  gas 
companies  and  electric  lighting  companies  make  from  twenty  to  fifty  per 
cent  profit.  The  Cordage  Trust  made  |i  ,406,3 13  for  the  year  ending  Oc- 
tober 31,  1 89 1,  which  was  doubtless  forty  or  fifty  per  cent  on  the  capital. 
The  Cotton  Seed  Oil  Trust  in  one  year  cleared  |2,6oo,ooo,  which  was 
more  than  their  capital  warranted.  The  Lard  Trust  has  been  paying 
seven  per  cent  on  watered  stock,  the  profits  one  year  exceeding 
^2,000,000. 

Another  great  objection  to  trusts  is  that  they  often  curtail  produc- 
tion. Well,  to  a  limited  extent  that  is  justifiable.  Every  farmer  limits 
the  area  of  land  in  this  or  that  product  in  accordance  with  his  estimate 
of  the  public  demand  and  the  prices  governing  the  markets.  It  cannot 
te  denied  that  some  trusts  have  exceeded  the  bounds  of  necessity  in 
their  curtailment  of  production.  The  point  to  be  emphasized  is  that 
in  limiting  the  product  the  trust  is  no  worse  than  most  individuals  or 
firms. 

The  "  freezing  out "  of  rivals  is  another  great  objection  to  the  trust, 
yet  an  individual  at  present  does  the  same  thing  with  impunity.  Nearly 
every  man's  success  is  made  by  overcoming  others  in  the  same  busi- 
ness. Success  is  a  process  of  elimination.  The  destruction  of  weak 
undertakings  is  a  thing  of  daily  and  universal  occurrence.  However, 
but  for  public  criticism  many  of  the  smaller  enterprises  might  save 
themselves  by  joining  the  larger  ones. 

It  is  objected  that  those  at  the  head  of  trusts  may  control  legislation, 
and  establish  a  commercial  despotism.  But  the  chances  of  their  doing 
so  will  in  future  be  even  less  than  now.  As  consolidation  continues, 
the  number  of  superintendents  will  be  diminished  and  the  number  of 
the  employed  increased.  Therefore  those  whose  interests  are  opposed 
to  commercial  despotism  will  hereafter  outvote  any  antagonistic  class. 
The  employed  class  is  already  so  large  that  capitalists  are  becoming 
rather  suppliants  than  dictators.     Their  hey-day  of  power  is  past 

Merchants,  manufacturers,  shippers,  brokers  and  every  other  variety 
of  mankind,  for  the  most  part,  are  working  just  as  hard  as  any  trust 
to  put  down  rivals.  The  number  of  men  defeated  in  the  race  of  life 
by  concerns  and  individuals  not  connected  with  trusts  is  much  larger 
than  the  number  defeated  by  them.  In  the  competitive  system  the 
methods  of  defeating  rivals  are  just  as  unfair  and  just  as  merciless  as 
those  practiced  by  the  trust.  The  trust  generally  invites  its  rivals  to 
come  in  out  of  the  cold,  but  such  an  invitation  is  seldom  extended 
among  competing  individuals.  Are  not  individuals  just  as  prone  to 
depress  the  prices  of  the  things  they  buy  and  to  raise  the  prices  of  the 

[575] 


xi6  Annals  op  the  American  Academy. 

things  they  sell  as  the  trust  ?  Are  not  farmers,  by  co-operative  stores^ 
seeking  to  depress  the  prices  of  the  things  they  buy  ?  Are  not  the 
merchants,  mechanics,  professional  men  and  all  seeking  to  do  the 
same  thing  ?  Do  any  of  them  hesitate  to  buy  cheaply  or  accept  high 
prices  for  what  they  place  upon  the  markets  ?  A  study  of  the  statistics 
of  New  York  reveals  the  fact  that  a  number  of  farmers  make  from 
forty  to  fifty  per  cent  profit  on  their  capital.  Small  traders  abound 
everywhere  who  make  even  higher  percentages  of  profits.  In  fact  the 
scale  of  profits  rises  as  the  amount  of  capital  decreases. 

While  those  connected  with  great  corporations  are  no  worse  than  man- 
kind generally,  they  by  no  means  measure  up  to  the  required  standard 
as  trustees  of  public  interests.  The  enlarged  powers  of  trusts  carry 
with  them  new  responsibilities.  The  widened  horizon  exposes  to  view 
many  hardships  and  imperfections  of  our  industrial  life  which  before 
were  unnoticed.  The  opportunity  to  do  good  and  the  public  gaze  fixed 
upon  trust  officials  cannot  long  fail  to  inspire  them  with  higher  ideals. 
The  scrutiny  to  which  they  are  subjected  is  the  severest  test  by  which 
men  can  be  tried. 

Everything  else  improves  and  why  may  we  not  expect  some  advance 
in  human  nature  ?  May  not  every  corporation  and  every  business  en- 
terprise be  actuated  by  some  of  the  motives  which  prompt  endowments 
for  public  and  private  institutions  ?  May  not  services  to  the  public  in 
supplying  a  good  article  at  a  low  price  come  to  be  regarded  as  more 
genuine  philanthropy  than  endowments  inspired  by  the  apparition  of 
death  ?  The  gauntlet  that  trusts  must  run  are  the  discipline  out  of 
which  is  to  come  the  betterment  of  national  character.  Men  who  ex- 
ceed the  limits  of  justice  in  the  use  of  their  corporate  powers  will  en- 
counter thorns  in  public  sentiment.  When  the  judgment  of  the  people 
is  what  it  should  be,  the  trust  official  who  is  a  confederate  in  a  plot  to 
exact  unreasonable  prices,  will  stand  in  the  community  on  a  level  with 
the  convict  and  highwayman. 

The  power  to  be  exacting  by  no  means  implies  that  such  power  will 
be  used.  All  men  have  the  power  to  commit  crime,  but  it  does  not 
follow  that  they  will  make  haste  to  get  into  the  courts.  Barring  the 
legal  penalties,  the  merchant  or  trust  official  is  influenced  by  the  same 
motives  as  those  which  restrain  any  other  citizen  from  wrongful  acts. 
Love  of  approbation  is  as  potential  with  merchants  and  manufacturers 
as  with  any  other  class. 

Ruskin  says  :  "The  soldier  will  die  rather  than  leave  his  post;  the 
physician,  rather  than  flee  from  a  plague;  the  pastor,  rather  than  teach 
falsehood;  the  lawyer,  rather  than  countenance  injustice.  On  what 
occasion  does  the  merchant  die  for  his  coiuitry  ?  For  the  man  who  does 
not  know  when  to  die  has  not  learned  how  to  live. "    The  poet  answers 

[576] 


The  Relation  of  Economics  to  Sociowjgy.     117 

tlius  :  "It  is  the  soldier's  duty  to  defend  the  country;  the  pastor's,  to 
teach  it;  the  physician's,  to  keep  it  in  health;  the  lawyer's,  to  enforce 
justice  in  it;  the  merchant's,  to  provide  for  it.  .  .  .  The  merchant 
rather  than  fail  in  any  engagement  or  consent  to  any  deterioration, 
adulteration  or  unjust  and  exorbitant  price  of  that  he  provides,  he  is 
bound  to  meet  fearlessly  any  form  of  distress,  poverty  or  labor,  which 
may,  through  maintenance  of  these  points  come  upon  him. 
And  as  the  captain  of  a  ship  is  bound  to  be  the  last  to  leave  his  ship 
in  case  of  wreck,  and  to  share  his  last  crust  with  his  sailors  in  case  of 
famine,  so  the  manufacturer  in  any  commercial  crisis  is  bound  to  take 
the  suffering  of  it  with  his  men,  and  even  to  take  more  of  it  for  him- 
self than  he  allows  his  men  to  feel,  as  a  father  would  in  a  famine,  ship- 
wreck or  battle,  sacrifice  himself  for  his  son." 

The  trust  of  the  future  will  be  considered  richest  that  supports  the 
greatest  number  of  comfortable  and  happy  homes ;  the  merchant 
prince  will  be  one  who  exercises  the  widest  helpful  influence  over  the 
lives  of  others. 

JBROMB  DOWD. 

Trinity  College  {N.  C). 


THE  REI^ATION  OP  ECONOMICS  TO  SOCIOIX>GY. 

The  present  is  a  period  of  transition  for  the  social  sciences.  The 
social  philosophy  of  the  eighteenth  century  had  such  a  hold  on  the 
thinking  world  of  the  first  half  of  the  present  century  that  few  sys- 
tematic efforts  have  been  made  to  displace  it  by  a  new  philosophy  more 
in  harmony  with  present  conditions.  This  old  social  philosophy  was 
divided  into  two  distinct  parts— utilitarianism  and  political  economy. 
The  first,  as  its  name  shows,  was  a  theory  of  utility,  the  second  was  in 
essence  a  theory  of  goods  ;  that  is,  a  theory  of  material  wealth  and  of 
the  objective  conditions  which  determine  its  production  and  increase. 

I  have  shown  elsewhere  *  that  this  division  of  social  philosophy  into 
utilitarianism  and  political  economy  is  artificial  and  unsatisfactory, 
and  that  these  two  are  really  one  science  having  two  roots,  one  in  the 
objective  and  the  other  in  the  subjective  world.  We  have  then  a  pure 
science  of  economics  dealing  with  the  elementary  forces  belonging  to 
the  theories  of  goods  and  utility,  and  a  concrete  science  of  political 
economy  dealing  with  the  phenomena  of  modem  industrial  societies. 
I  use  the  term  *'  political  economy  "  in  an  old  sense  as  the  economy 
of  men  in  a  political  society.  Certain  political  regulations  and  social 
instincts  are  assumed  as  facts  in  political  economy  that  do  not  belong 

♦  "  The  Scope  of  Political  Economy."     Yale  Review,  Nov.,  1893. 

[577] 


ii8  Annai^  of  thh  American  Academy. 

to  the  theories  of  goods  and  utility.  If  the  forces  treated  of  in  the 
theories  of  utility  and  goods  were  the  only  forces  influencing  the 
choices  of  men,  a  true  society  could  not  be  formed.  The  relations  ex- 
isting between  them  would  be  merely  those  of  an  economic  aggre- 
gate, where  external  conditions  and  internal  desire  alone  determine 
the  conduct  of  each  individual. 

Between  the  general  science  of  economics  and  the  concrete  science 
of  political  economy  lie  the  social  sciences,  a  field  dealing  with  the 
forces  neglected  by  the  older  social  philosophers,  but  demanding 
attention  at  the  present  time  because  of  the  gap  created  by  the  strict 
demarkation  of  the  field  occupied  by  the  theories  of  utility  and  goods. 
This  failure  of  the  old  social  philosophers  to  explain  the  complex 
phenomena  of  the  present  social  world  through  the  meagre  premises 
of  their  philosophy  has  caused  the  sociologists  to  take  a  revolutionary 
attitude  toward  the  work  of  their  predecessors,  and  to  seek  to  place 
their  new  science  antecedent  to  it.  A  conflict  has  thus  arisen  which 
must  be  decided  before  further  progress  can  be  made. 

It  is  true  that  no  other  economist  has  conceived  of  economics  in 
exactly  this  manner,  yet  I  have  in  no  way  departed  from  the  spirit  of 
their  work,  nor  have  I  done  violence  to  the  established  usage  of  eco- 
nomic terms.  I  have  merely  adjusted  the  use  of  these  terms  to  the 
needs  of  to-day,  and  I  have  tried  to  restore  the  broader  meanings 
■which  were  in  use  before  the  Ricardian  epoch.  If,  however,  we  accept 
the  thought  of  Professor  Giddings  and  place  sociology  antecedent  to 
economics,  we  give  to  the  words  ** social"  and  "association"  a  new 
meaning  opposed  to  all  usage,  and  also  confuse  two  concepts  which 
must  be  kept  distinct. 

In  marking  oflf  the  field  of  sociology  there  lies  the  same  confusion 
of  thought  that  formerly  lay  in  economic  discussions  due  to  the  con- 
fusion of  pure  economics  with  concrete  political  economy.  In  the  one 
sense  sociology  treats  of  the  phenomena  due  to  the  occupation  of  a 
common  environment  by  several  individuals — the  phenomena  of  mere 
contact  in  a  physical  environment.  In  the  other  sense  sociology  treats 
of  the  phenomena  resulting  from  certain  subjective  feelings  which 
bind  men  together.  In  the  first  sense,  hostile  men  or  a  beast  and  its 
prey  are  parts  of  one  society  and  *•  associate"  with  one  another.  In 
the  second  sense,  only  friendly  bonds  create  a  society.  It  is  a  relation 
existing  between  a  number  of  similar  beings  united  for  common  ends. 
The  one  is  the  phenomena  of  hostile  contact,  the  other  that  of  friendly 
contact  Professor  Giddings  calls  both  these  classes  of  phenomena 
"social,"  and  treats  them*  as  though  they  were  co-ordinate  phenom- 
ena belonging  to  one  science.     Evolution  of  "  the  good  old  way  "  of 

•  "  utility,  Economics  and  Sociology."    Annals,  vol.  v,  p.  86,  November,  1894. 

[578] 


The  Relation  op  Economics  to  Sociology.     119 

survival  through  conflict  is  grouped  together  with  that  secured  through 
such  bonds  as  those  which  bind  a  mother  to  her  child. 

It  is  plain  that  the  phenomena  of  hostile  contact  are  among  the  first 
phenomena  of  life.  The  problem  is  to  classify  them  properly.  I  do  not 
think  that  they  belong  to  the  theory  of  society  or  even  to  the  theory  of 
utility,  but  to  the  theory  of  goods.  The  fly  is  merely  a  good  to  the 
spider.  The  various  objects  about  the  spider  are  either  goods  or 
indifferent  objects.  The  fly  belongs  to  the  former  class,  and  tlius 
becomes  an  object  of  desire.  The  spider  wants  contact — so  as  to 
convert  the  fly  into  a  good.  The  fly  recognizing  the  spider  merely  as 
an  evil  wants  to  avoid  contact.  No  other  relations  exist  between 
them.  Yet  these  simple  relations  cause  an  evolution  in  both  tlie 
spider  and  the  fly.  The  least  active  and  most  stupid  flies  are  caught 
by  the  spiders.  The  least  active  and  most  stupid  spiders  fail  to  secure 
enough  flies  to  keep  them  alive.  This  simple  evolution  belongs  to 
the  theory  of  goods  and  does  not  demand  a  conscious  recognition  of 
other  facts  than  that  objects  of  interest  are  either  goods  to  be  secured, 
or  evils  to  be  avoided. 

Professor  Giddings  speaks  of  a  theory  of  physiological  utility,  but 
this  theory  to  my  mind  is  nothing  more  than  the  theory  of  goods. 
The  fact  that  a  relation  between  an  object  and  an  organism  creates 
an  advantageous  change  within  the  organism  makes  the  object  a  good 
to  the  organism.  The  relation  can  be  viewed  as  well  from  the  side  of 
the  object  as  from  that  of  the  organism.  Thus  the  theory  of  goods 
will  explain  all  the  facts  of  these  simple  relations  and  the  term 
'•utility**  can  be  reserved  for  the  feelings  which  arise  in  higher 
beings. 

The  changes  in  organisms  which  hostile  contact  creates,  make 
them  more  conscious  of  feelings  of  utility  and  thus  bring  them  under 
the  influence  of  the  theory  of  utility.  The  increased  wariness  of  flies 
or  the  increased  competition  of  spiders  for  food  increases  the  activity 
of  surviving  spiders  and  thus  increases  the  intensity  of  pleasure 
which  the  possession  of  food  gives.  Hostile  contact  thus  promotes 
the  growth  of  intense  feelings  and  gives  to  isolated  beings  an  intense 
initial  desire  for  the  goods  they  consume.  There  is  therefore  no  need 
of  a  bond  of  union  between  similar  organisms  to  create  the  most 
intense  feelings  in  isolated  individuals.  Intense  initial  utilities  precede 
the  true  social  feelings  by  a  period  too  long  to  make  it  possible  to 
treat  the  two  as  though  they  were  co-ordinate  facts. 

Even  if  it  were  admitted  that  all  organisms  surviving  at  the  present 
time  have  social  instincts  and  are  influenced  by  their  fellows,  it  would 
not  disprove  my  theory  of  the  order  in  which  different  activities 
develop.     It  must  not  be  forgotten  that  the  higher  organisms  of  to-day 

[579] 


lao  Annaxs  of  the  American  Academy. 

are  not  the  descendants  of  the  present  lower  organisms.  Wliile  both 
are  the  descendants  of  common  ancestors  these  common  ancestors  did 
not  have  all  the  qualities  of  any  living  species.  All  types  of  animal 
life  may  need  social  instincts  to  survive  under  new  conditions  and  yet 
the  earlier  organisms,  living  when  the  struggle  for  existence  was  not 
so  fierce,  could  have  prospered  without  any  social  bonds.  The  need 
of  union  would  come  only  when  intense  feelings  goaded  the  enemies 
of  a  species  to  such  a  degree  that  extinction  would  follow  if  new 
methods  of  defence  were  not  devised.  The  mere  influence  of  hostile 
contact  would  in  time  force  progressive  animals  into  a  social  state. 

There  are,  however,  at  the  present  time  many  organisms  which  have 
not  acquired  any  social  instincts.  There  are  in  these  cases  no  enduring 
bonds  between  males  and  females  or  between  the  mother  and  the 
oflfepring.  To  such  creatures  all  objects  of  interest  are  goods  or  evils. 
They  are  conscious  of  no  other  distinctions  than  those  recognized  in 
the  theory  of  goods.  A  recent  observer  of  serpents  describes  the 
cobras  in  the  following  manner.  "The  baby  cobras,"  he  says,  "had 
no  more  knowledge  of  or  aflfection  for  their  mamma  than  if  she  were 
an  old  tree  root  or  something  inanimate  lying  in  their  way  and  trouble- 
some to  be  climbed  over.  Nor  would  the  mother  take  the  slightest 
notice  of  her  interesting  family.  Indeed  some  of  them  she  never  saw 
at  all."  Yet  the  cobra  has  considerable  intelligence  and  manifests 
strong  feelings  when  aroused  to  activity.  If  isolated  individual 
organisms  of  this  type  can  survive  at  the  present  time  without  a  trace 
of  social  instincts,  it  is  easy  to  see  how  millions  of  generations  could 
have  passed  away  before  organisms  began  to  associate  for  common 
ends  and  learn  of  each  other  through  suggestion  and  imitation. 

But,  it  is  asked,  how  do  these  hostile  individuals,  conscious  only  of 
their  own  wants  and  of  the  differences  in  the  quality  of  goods, 
become  aware  of  the  presence  of  other  conscious  beings  and  conclude 
to  become  social  ?  The  answer  to  this  question  is  not  difficult  if  we 
look  for  a  solution  among  those  objective  conditions  that  determine 
a  progressive  evolution.  The  objects  that  are  goods  to  each  species 
are  unequally  distributed  throughout  the  environment.  The  stronger 
animals  of  each  species  secure  for  themselves  the  localities  where 
these  goods  are  most  abundant.  The  w^eaker  animals  are  forced 
tliereby  into  unfavorable  localities  where  their  food  is  scarce.  They 
must,  therefore,  resort  to  new  means  to  secure  it  or  perish.  They 
find  this  means  in  co-operation,  and  thus  new  relations  grow  up 
between  them  that  are  absent  from  the  stronger  animals  which  occupy 
the  better  localities  where  individual  exertion  can  secure  the  needed 
food.  Social  bonds  at  first  arise  not  among  the  victors  but  among 
the  vanquished.     They  are  the  means  by  which  the  vanquished  outwit 

[580] 


The  Relation  op  Economics  to  Sociology.     121 

their  conquerors.  Social  relations  begin  with  indirect  activities. 
New  motives  are  created  when  one  being  recognizes  another  as  a 
means  to  an  end.  A  friendly  feeling  springs  up  between  two  beings 
when  each  one  regards  the  presence  of  the  other  as  a  condition  to  the 
satisfaction  of  his  desires.  An  enemy  of  the  presocial  state  becomes 
a  means  in  the  social  state  and  is  thus  preserved  from  destruction. 

The  social  forces  are  a  check  to  immediate  consumption  and  to 
those  activities  which  prompt  immediate  consumption.  Time  knowl- 
edge and  an  appreciation  of  time  relations  must  precede  any  of  the 
social  activities.  A  being  must  be  able  to  contrast  the  present  and 
the  future  and  have  self-control  enough  to  put  a  period  of  non-con- 
sumption before  consumption.  There  must  be  pleasures  of  anticipa- 
tion as  well  as  those  of  realization.  The  motives  that  would  prompt 
the  destruction  of  a  fellow  creature  are  held  in  check  and  new  feel- 
ings of  pleasure  are  aroused  by  the  fact  that  the  presence  of  a  com- 
rade is  an  index  of  future  consumption.  As  soon  as  consumption  by 
direct  means  becomes  impossible  or  even  improbable,  the  feeling  of 
pleasure  which  the  possession  of  food  aflfords  is  transferred  to  the 
means  by  which  it  is  to  be  secured. 

The  social  feelings  are  but  a  developed  type  of  a  large  class  of 
feelings  due  to  the  love  of  means  by  which  ends  are  attained.  The 
hunter  loves  his  dog  and  gun,  the  herder  his  cattle,  the  mechanic  his 
tools,  the  farmer  his  lands,  the  merchant  his  business  and  the  lawyer 
his  profession.  Animals  love  their  master  or  the  persons  who  feed 
them  ;  they  even  have  an  affection  for  the  place  and  time  which  are 
associated  in  their  minds  with  the  presence  of  those  on  whom  they 
depend.  There  is,  therefore,  nothing  peculiar  about  the  rise  of  social 
feelings  as  soon  as  beings  are  placed  in  a  position  where  they  must 
resort  to  indirect  methods  to  satisfy  their  wants.  They  are  sure  to 
accompany  the  psychical  development  which  makes  indirect  action 
possible. 

The  perception  of  time  relations  leads  to  a  new  concept — that  of 
self  or  personality.  The  passing  feelings  of  diflferent  periods  are 
united  into  one  group  and  contrasted  with  the  endixring  element  in 
all  experience.  When  this  concept  becomes  definite  the  being  is  able 
to  infer  the  existence  of  other  enduring  beings  through  groups  of 
phenomena  similar  to  that  created  by  his  own  actions.  Certain 
actions  thus  become  the  index  of  mental  qualities  and  the  recognition 
of  similar  beings  becomes  possible.  Suggestion  and  imitation 
grow  up  through  further  study  of  the  relation  of  acts  to  their  effects. 
The  more  successful  individuals  of  a  group  become  models  to  be 
imitated  by  comrades.  These  new  activities  and  the  resulting  instincts 
strengthen  the  tendency  to  use  means  for  securing  ends  and  bring 

[58.] 


122  Annals  of  thk  American  Acadkmy. 

similar  beings  into  such  intimate  relations  that  conscious  social 
forces  can  arise. 

.  When  these  social  forces  have  once  become  strong  enough  in  indi- 
viduals to  check  their  hostile  feelings,  and  thus  enable  them  to 
co-operate  for  common  purposes,  the  process  of  evolution  is  materially 
modified.  Not  only  can  the  socially  strong  through  co-operation 
secure  a  living  in  the  poorer  portions  of  the  environment  where 
isolated  individuals  would  perish,  but  also  when  united  they  become 
powerful  enough  to  displace  the  unsocial  members  of  their  species 
who,  through  their  individual  strength,  have  occupied  better  portions 
of  the  environment.  However  powerful  an  isolated  being  may  be,  he 
cannot  withstand  the  encroachments  of  a  group  of  w^eaker  but  united 
beings.  When,  therefore,  social  feelings  appear  in  any  group,  they 
force  the  growth  of  social  feelings  in  all  the  groups  with  which  they 
come  in  contact.  The  power  of  surviving  lies  with  the  more  com- 
pactly united  social  groups. 

This  opposition  between  the  less  social  but  stronger  members  of  one 
group  and  the  more  social  but  weaker  members  of  other  groups  shows 
itself  in  all  stages  of  social  development.  It  is  the  basis  of  the 
contrast  between  static  and  dynamic  societies.  A  group  of  indivi- 
duals push  themselves  into  an  environment  for  which  they  are 
peculiarly  fitted,  and  through  their  adjustment  to  these  local  condi- 
tions become  static.  The  weaker  in  this  local  struggle  escape  to  some 
other  locality,  which,  in  the  judgment  of  the  static  group,  is  not  so 
good  as  the  first  locality.  Here  the  second  group  becomes  dynamic, 
and  develops  new  social  feelings  through  which  their  productive 
power  is  increased.  The  new  environment  is,  in  this  way,  made 
better  than  the  old  one,  and  the  second  group  also  acquire  the  power 
to  displace  the  first  group  in  the  region  where  they  formerly  had  an 
advantage.  Under  these  new  conditions  the  second  group  tends  to 
become  static,  and  thus  pave  the  way  for  the  rise  of  a  new  social 
group  with  stronger  dynamic  tendencies.  Social  progress  is  a  series 
of  such  upheavals,  and  as  a  result  it  becomes  a  continuous  process. 

If  this  position  is  correct,  it  is  not  diflScult  to  map  out  the  order  of 
the  various  social  sciences.  There  are  three  groups  of  forces  operat- 
ing in  any  complete  society  :  the  physical  forces  that  come  from  the 
objective  environment  and  create  the  theory  of  goods ;  the  desires 
that  form  the  basis  of  the  theory  of  utility ;  and  the  social  forces  that 
unite  men  for  common  purposes,  and  lead  each  one  to  regard  the 
others  as  means  to  ends.  By  studying  each  of  these  forces  in  isola- 
tion, we  create  three  hypothetical  sciences,  in  each  of  which  there  is  a 
hypothetical  man  whom  we  assume  to  be  influenced  in  his  actions  by 
only  one  of  these  forces.     First  of  all,  we  have  the  hypothetical 

[582] 


The  RKI.ATION  OF  Economics  to  Socioix)gy.     123 

physical  man — the  slave  of  physical  conditions — who  is  perhaps  best 
described  by  Buckle  in  his  "  History  of  Civilization  ;"  then  we  have 
the  economic  man,  familiar  to  all  students  of  economic  literature  ; 
and,  finally,  the  social  man — the  ideal  of  socialism— who  feels  no 
other  motives  than  those  which  spring  from  the  feelings  which  unite 
men  in  the  most  advanced  societies.  Following  these  studies,  and 
based  upon  their  conclusions,  comes  a  concrete  realistic  science  to 
which  the  name  sociology  could  well  be  given,  as  its  field  corresponds 
more  closely  to  that  outlined  by  sociologists  than  to  any  other  field. 
At  any  rate,  they  must  choose  between  making  their  science  a  hypo- 
thetical science,  dealing  with  the  theory  of  social  forces,  and  a  real- 
istic science  dealing  with  the  aggregate  phenomena  of  the  social  world. 

Professor  Giddings  does  not  recognize  this  distinction.  He  defines 
sociology  as  an  *'  attempt  to  account  for  the  origin,  growth,  structure 
and  activities  of  human  society  by  the  operation  of  physical,  vital  and 
psychical  causes,  working  together  in  a  process  of  evolution."*  Here 
he  evidently  has  in  mind  a  concrete  realistic  science  treating  of  all 
the  phenomena  of  human  society.  On  page  18,  however,  he  says 
that  "sociology  may  be  defined  as  the  science  of  social  elements  and 
first  principles."  Here  I  understand  him  to  refer  to  the  hypothetical 
science  dealing  with  the  social  forces.  That  this  is  his  meaning 
becomes  plain  on  page  36,  where  he  describes  sociology  as  "  a  special, 
dififerentiated  branch  of  psychology."  As  the  first  definition  made 
sociology  include  the  physical  and  vital  causes  as  well  as  the  psychical, 
the  latter  science  cannot  be  more  than  a  part  of  the  first.  A  branch 
of  psychology  cannot  give  us  more  than  a  theory  of  tendencies  from 
which  we  can  determine  what  a  hypothetical  social  man  would  do 
under  certain  circumstances.  To  determine  the  actions  of  the  actual 
inhabitants  of  our  social  world,  we  must  blend  together  the  results 
of  these  forces  with  those  coming  from  the  economic  and  physical 
world. 

Whether  economics  is  a  "  social  "  science  or  not  depends  upon  the 
definition  of  the  term.  If  the  word  is  used  in  a  narrow  sense,  mean- 
ing by  it  the  phenomena  due  to  the  subjective  forces  which  bind  men 
together  and  make  them  love  and  trust  one  another,  economics  is  not 
a  "social  "  science.  If,  however,  "  social  "  be  used  in  a  broad  sense, 
and  made  to  include  all  the  phenomena  of  a  human  society  living  in  a 
common  environment,  economics  is  a  "  social  "  science.  Much  of  the 
phenomena  of  such  societies  are  due  to  the  economic  forces  operating 
in  them,  and  no  explanation  would  be  valid  which  neglected  the 
economic  factors.  Simon  N.  Pattsn. 

University  of  Pennsylvania. 
•  "  The  Theory  of  Sociology,"  p.  9- 

[583] 


124         Annals  of  the  American  Academy. 

SOCIOI^OGICAI,  FIEI^D-WORK. 

In  every  community  and  especially  in  the  large  centres  of  social 
and  economic  activity — our  large  cities — there  are  many  facts  that 
come  to  our  attention  every  day,  the  relative  importance  and  meaning 
of  which  it  is  the  privilege  and  duty  of  those  who  teach  sociology  and 
economics  to  impress  upon  their  students.  With  beginners  it  is  always 
necessary  to  spend  much  time  in  training  them  to  observe  properly,  to 
habituate  themselves  to  notice  and  mentally,  at  least,  correlate  many 
things  that  have  been  familiar  to  them  from  childhood.  To  do  this  in 
lectures  is  both  difficult  and  uneconomical  of  time  and  energy  it  re- 
quires. Professor  Henderson,  of  Chicago,  has  recently  given  us  a 
handbook  *  of  questions  and  topics  which  may  serve  a  useful  purpose 
as  a  stimulant  in  the  right  direction  if  put  in  the  hands  of  students 
and  accompanied  with  a  more  detailed  explanation  of  the  use  to  which 
it  should  be  put.  Beyond  this,  however,  it  seems  to  me  that  the  rich 
fields  for  a  certain  kind  of  social  laboratory  work  which  exist  around 
most  of  our  larger  colleges  should  be  better  utilized  in  connection  with 
elementary  courses  in  sociology  and  practical  economics. 

Professor  M.  Cheysson,  of  the  ^cole  litre  des  sciences  politiques^  at 
Paris,  made  last  year  a  splendid  beginning  in  the  way  of  systematic 
work  of  this  kind.  I  am  aware  that  many  instructors  both  here  and 
abroad  have,  in  connection  with  their  seminaries  or  apart  from  their 
regular  work,  often  made  excursions  with  their  pupils,  but  I  doubt  if 
any  have  attempted  to  utilize  the  results  of  such  efforts  in  the  thorough 
and  satisfactory  way  that  Professor  Cheysson  has  demonstrated  to  be 
possible. 

Professor  Cheysson's  special  course  last  winter  was  entitled  "  Cours 
d'iconomie  sociale,''  and  the  program  included  nine  excursions  to 
which  as  many  Saturday  afternoons  were  devoted.  These  were  scat- 
tered throughout  the  year,  the  intervening  Saturdays  being  taken  up 
with  the  lectures  of  the  course  which  made  frequent  use  of  the  facts 
observed  during  the  excursions. 

It  is  hardly  necessary  to  give  a  detailed  account  of  the  places  visited. 
Sometimes  several  places  were  visited  in  one  day  and  three  to  four 
hours  were  always  devoted  to  each  excursion.  The  shops,  schools  for 
children  of  employes,  restaurant  and  family  supply  kitchen  of  the  Com- 
pagnie  d^Orlians,  one  of  the  large  railroads  coming  into  Paris,  which 
has  undertaken  many  social  experiments  in  the  interests  of  its  men, 
were  visited.  Arrangements  were  previously  made  to  have  some  one 
connected  with  each  department  of  such  work  give  a  detailed  explana- 
tion of  its  plan,  scope  and  results.  Printed  reports  and  circulars  so 
♦"Catechism  for  Social  Observation."  By  C.  R.  Henderson.  Price,  25  cents. 
Baston:  Heath  &  Co. 

[584] 


SOCIOI.OGICAL  Field- Work.  125 

far  as  possible  were  given  the  students  and  the  questions  of  professor 
and  students  often  elicited  much  interesting  information  hardly  access- 
ible in  any  other  way.  In  like  manner  co-operative  stores  and  societies. 
ill  various  parts  of  Paris,  profit-sharing  establishments  and  model 
tenement  houses  were  visited.  The  work  of  societies  for  building 
workingmen's  dwellings  singly  or  in  pairs  was  inspected,  and  the  re- 
sults compared  with  the  large  house  plan.  One  of  the  government 
tobacco  factories  was  visited  and  its  various  operations  and  its  use 
of  machinery  were  studied.  Trade  associations,  the  society  for  the 
invention  of  preventives  and  safeguards  against  accidents  from 
machinery,  the  association  for  mutual  insurance  against  accident,  and 
the  association  for  giving  poor-relief  in  the  shape  of  work  and  many 
others  in  turn  came  in  for  a  ^4sit,  and  in  no  case  did  the  students  come 
away  without  many  valuable  impressions  and  bits  of  information.  Not 
least  interesting  and  instructive  were  the  visits  to  large  concerns  like 
the  Grands  Magasius  du  Louvre  and  the  piano  factory  of  Pleyel 
&  Wolff,  where  the  statements  of  those  in  charge  threw  new  light  on 
many  problems  of  management  of  labor,  etc.,  with  which  the  students, 
were  entirely  unacquainted. 

The  success  with  which  these  excursions  were  attended  seemed  to 
me  to  depend  chiefly  upon  three  things,  (i)  the  wealth  of  interesting 
experiments  in  a  large  city  like  Paris ;  (2)  the  extreme  care  and  tact 
displayed  by  Professor  Cheysson  in  having  made  thorough  arrange- 
ments beforehand  and  having  induced  those  actually  in  charge  of  each 
establishment  and  therefore  thoroughly  conversant  with  the  facts  to  be 
prepared  to  give  introductory  talks  and  explanations  of  the  work 
undertaken  in  each  case,  and  (3)  the  able  way  in  which  Professor 
Cheysson  added  explanations  and  observations  which  brought  such 
information  into  some  definite  relation  to  social  theories  and  economic 
principles  and  doctrines.  In  regard  to  the  latter  point  it  was  often 
possible  to  do  some  effective  work  on  the  spot,  more  often  necessary 
to  reserve  comments  until  some  other  occasion  presented  itself. 

The  preparation  for  such  work  has  its  difficulties  even  in  the  case  of 
so  well-known  and  recognized  an  authority  as  Professor  Cheysson. 
Public  concerns  and  business  enterprises  are  not  always  ready  to  devote 
the  necessary  timeand  to  endure  the  inconveniences,  attending  the  visit 
of  a  large  body  of  students.  Professor  Cheysson  perhaps  erred  in  not 
limiting  his  numbers.  At  times  he  had  as  many  as  seventy  students 
on  these  excursions.  As  a  result  more  inconvenience  was  occasioned 
than  was  necessarj',  and  in  some  cases  where  machinery  was  running 
many  persons  could  not  get  near  enough  to  the  speaker  to  hear 
explanations.  In  carrying  out  a  similar  plan  of  sociological  excursions 
at  the  University  of  Pennsylvania  I  have  tried  to  limit  the  class  to- 

[585] 


126  ANNAIyS  OP  THE  AMERICAN  ACADEMY. 

twenty,  and  in  one  or  two  cases  I  have  taken  this  number  in  two 
sections  at  two  different  times  to  the  same  establishment,  and  I  think 
with  better  results  on  that  account.  On  the  whole  the  results  have 
been  so  satisfactory  that  I  feel  under  great  obligations  to  Professor 
Cheysson  for  the  object  lesson,  and  believe  that  the  utility  of  similar 
work  to  others  will  justify  this  public  statement.  My  plan  has  been 
somewhat  different  from  that  followed  by  Professor  Cheysson.  The  pro- 
gram includes  a  series  of  excursions  each  week,  counted  as  equivalent 
totwo  hours'  work,  running  through  the  college  year.  After  every 
third  or  fourth  excursion  a  conference  session  is  held,  at  which  written 
reports  of  the  social  information  obtained  on  the  past  excursions  are 
made  by  members  of  the  class  delegated  for  that  purpose.  All  take 
notes  and  are  expected  to  help  correct  and  fill  out  the  ofi&cial  reports 
which  are  then  discussed,  and  additional  facts  relating  to  foreign 
countries  supplied  so  far  as  possible.  During  the  first  term  the  excur- 
sions take  in  large  business  establishments  onl)'  where  peculiar  fea- 
tures of  an  industrial  and  social  nature  are  to  be  seen.  During  the 
second  term  the  program  includes  various  charitable  and  reformatory 
institutions,  slum  districts,  model  dwellings,  etc.  This  division  corre- 
sponds somewhat  to  that  of  the  regular  course  the  class  is  taking  in 
descriptive  sociology  in  order  to  make  the  results  of  value  in  both 
courses. 

The  American  business  community,  so  far  as  Philadelphia  is  con- 
cerned, has  been  much  more  willing  to  respond  and  co-operate  in  the 
necessary  plans  for  this  scheme  than  one  would  anticipate.  It  seems 
to  me  that  every  community  must  offer  some  opportunities,  some  kind 
of  sociological  field-work  which  should  be  a  necessary  adjunct  of 
every  course  in  sociology  especially  for  classes  of  beginners.  There  is 
no  better  way  of  arousing  interest  and  laying  the  foundation  for  good 
work  in  sociology  than  the  kind  of  knowledge  one  gets  in  such 
practice.  With  more  advanced  students,  of  course,  a  different  kind 
of  investigation  must  be  encouraged,  but  this  more  general  work  will 
train  the  beginner  to  commence  at  once  to  keep  his  eyes  open  to  the 
relative  importance  of  social  phenomena  and  to  i.  llize  his  spare 
moments  in  street-cars,  walks  and  daily  routine  of  work  in  that 
sort  of  observation  which  will  to  a  large  extent  determine  his  ability 
to  cope  with  the  social  sciences. 

S.  M.  Lindsay. 

Univirsiiy  of  ftnnsylvania. 


[586] 


PERSONAL  NOTES. 


AMERICA. 

Adelbert  College. — Mr.  Stephen  Francis  Weston  has  been  appointed 
Associate  Professor  of  Political  and  Social  Science,  with  full  charge 
of  that  department  in  Adelbert  College,  Cleveland,  Ohio.  He  also 
has  charge  of  that  department  in  the  Woman's  College  of  Western 
Reserve  Universitj-.  Professor  Weston  was  bom  at  Madison,  Somerset 
County,  Me.,  March,  lo,  1855,  and  attended  in  his  youth  the  country 
schools  at  Madison  and  Skowhegan,  Me.  He  then  entered  the  pre- 
paratory department  of  Antioch  College,  Yellow  Springs,  Ohio.  The 
years  1877-79  ^^  taught  in  the  private  school  carried  on  by  the  Ethical 
Society  of  Philadelphia,  the  latter  year  being  principal  of  the  school. 
He  received  in  1879  the  degree  of  A.  B.  from  Antioch  College.  He 
received  from  the  same  institution  the  degree  of  A.  M.,  in  1884.  After 
his  graduation  from  Antioch,  Mr.  Weston  was  employed  in  a  railway 
ofl&ce  in  Peoria,  111.  In  1885  he  entered  the  University  of  Michigan  and 
pursued  post-graduate  studies  there  for  two  years.  In  1890  he  entered 
the  Columbia  College  School  of  Political  Science,  and  after  two  years' 
study  was  appointed  in  1892  Assistant  in  Economics,  resigning  his 
University  fellowship*  to  accept  this  position,  which  he  held  until  the 
time  of  his  present  appointment. 

Chicago  University. — Dr.  Ernst  Freund  has  been  appointed  Instruc- 
tor in  Jurisprudence  at  the  University  of  Chicago.  He  wsls  bom  in 
New  York  City  on  January  30,  1864,  but  sp>ent  his  entire  youth  in 
Germany.  He  studied  at  the  Universities  of  Berlin  and  Heidelberg, 
receiving  from  the  latter  the  degree  of  Doctor  Juris,  in  1884.  He  then 
studied  at  the  Columbia  law  school  and  in  1886  was  admitted  to  the 
New  York  bar,  at  which  he  has  since  practiced.  During  1892-93  he 
was  Lecturer  of  Administrative  Law  at  Columbia,  taking  the  place  of 
Professor  Goodnow  during  his  leave  of  absence. 

He  has  written  a  number  of  papers  in  legal  periodicals: 

"  The  Proposed  Gertnan  Civil  Code.**  American  Law  Review,  July, 
1890. 

^' Historical  Jurisprudence  in  Germany.**  Political  Science  Quar- 
terly, September,  1890. 

*  See  Annals,  vol.  ii.,  p.  254,  September,  1891,  and  voL  UL,  p.  242,  September, 

1893. 

[587] 


128 


Annals  of  thk  American  Academy. 


''Private  Claims  Against  the  State.**  Ibid.,  December,  1893. 
''American  Administrative  Law.**  Ibid.,  September,  1894. 

Columbian  University. — Dr.  James  C.  Welling,  whose  death  was 
announced  in  the  last  issue  of  the  Annai^,*  was  author  of  the  follow-. 
ing  essays  and  papers: 

"  The  Science  of  Politics.**  The  North  American  Review,  vol.  80, 
p.  343. 

"  The  Monroe  Doctrine.**    Ibid.,  vol.  82,  p.  478. 

"Sacred Latin  Poetry.**     Ibid.,  vol.  85,  p.  120. 

"  The  Mechlenburg  Doctrine  of  Independence.**  Ibid.,  vol.  118, 
p.  256. 

"  The  Emancipation  Edict.**    Ibid.,  vol.  130,  p.  163. 

" Race  Education.**    Ibid.,  vol.  136,  p.  353. 

"  The  True  Sources  of  Literary  Inspiration.**  Inaugural  address 
at  Princeton  College,  1870. 

"  The  Life  and  Character  of  foscph  Henry.**  Published  by  order 
of  Congress  by  the  Smithsonian  Institution,  1880. 

"Atomic  Philosophy y  Physical  and  Metaphysical.**  Before  the 
Philosophical  Society,  Washington,  D.  C,  1884. 

*'  The  Law  of  Malthus.**    The  American  Anthropologist,  1888. 

*•  Connecticut  Federalism ^  or  Aristocratic  Politics  in  a  Social  De- 
mocracy.**    Address  before  the  New  York  Historical  Society,  1890. 

"Slavery  in  the  Territories.**  American  Historical  Association, 
1891. 

•'  The  Law  of  Torture.**    The  American  Anthropologist,  1892. 

'*  The  Last  Town  Election  in  Pompeii.**  The  American  Anthro- 
pologist, 1893. 

"  The  Behring  Sea  Arbitration.**     Columbian  University  Studies, 

1893. 
"  The  Science  of  Universal  History .**    Ibid.,  1894. 


Cornell  University. — Dr.  Frank  Fetter  has  been  elected  to  the  In- 
atructorship  in  Political  Economy  at  Cornell,  which  was  made  vacant 
by  the  death  of  Dr.  Merriam.f 

Dr.  Fetter  was  born  March  8,  1863,  in  Peru,  Ind.  He  attended  the 
public  schools  of  Logansport,  Ind.,  and  the  Peru  High  School.  He 
entered  the  University  of  Indiana  in  1879,  ^^^  ^^^^  before  graduation 
and  started  to  study  law  and  to  engage  in  newspaper  work.  He  spent 
several  years  in  business  in  Peru.  In  1890  he  returned  to  the  Univer- 
sity of  Indiana  and  graduated  the  following  year  with  the  degree  of 

•Vol.  v.,  p,  412. 

t8ee  ANNAI.S,  vol.  iv,  p.  647,  January,  1894. 

[588] 


Personal  Notes.  129 

A.  B.  The  year  follovring  he  held  the  new  President  White  Fellow- 
ship in  Political  Science*  at  Cornell,  and  received  in  1892  the  degree 
of  A.  M.  from  that  university.  He  then  went  abroad  and  pursued 
post-graduate  studies  in  Paris  and  Halle,  receiving  from  the  latter 
university  the  degree  of  Ph.  D.  in  July,  1894.  His  doctor's  thesis  was 
entitled  : 

*^  Die Bevolkerungslehre  kritische  behandeli,''  &n6.  is  now  on  press. 
He  has  also  written : 

"  History  of  the  City  of  Peru,  Indiana^  Published  in  the  "  History 
of  Miami  County." 

"  Our  University.^'   Indiana  Student,  June,  1891. 

Franklin  College.— Mr.  Charles  Elmer  Goodell  has  been  appointed 
Professor  of  History  at  Franklin  College,  Indiana.  Professor  Goodell 
was  bom  on  March  17,  1862,  at  Washburn,  Marshall  Co.,  111.  He 
attended  the  public  schools  at  Mankato,  Minn.,  and  Franklin  College, 
from  which  he  graduated  in  1888  with  the  degree  of  A.  B.  The  year 
1889-90  he  was  Instructor  in  Modem  Ivanguages  in  Franklin  College. 
He  then  went  to  Cornell  University  to  pursue  post-graduate  studies, 
and  remained  there  two  years.  The  two  years  following  (1892-94)  he 
was  Principal  of  the  Mankato  High  School. 

Harvard  University. — Dr.  John  Cummings.f  Reader  in  Political 
Economy  at  the  University  of  Chicago,  has  been  appointed  Instructor 
in  Economics  at  Harvard  for  1894-95. 

Indiana  University  — Dr.  Frank  Fetter,  now  at  Cornell, J  has  been 
elected  Professor  of  Political  Economy  at  the  Indiana  University,  and 
will  enter  upon  his  duties  with  the  academic  year  1895-96. 

University  of  Texas.— Mr.  David  Franklin  Houston  has  been 
appointed  Adjunct  Professor  of  Political  Science  at  the  University  of 
Texas.  Professor  Houston  was  bom  on  February  17,  1866,  at  Monroe, 
Union  County,  N.  C.  He  obtained  his  early  education  at  St.  John'.s 
Academy,  Darlington,  S.  C,  and  in  1885  he  entered  South  Carolina 
College,  at  Columbia,  from  which  he  graduated  in  1887  with  the 
degree  of  A.  B.  The  next  year  he  was  a  tutor  at  South  Carolina 
College,  but  resigned  this  position  in  18S8  to  become  Superintendent 
of  the  Spartanburg  (S.  C.)  City  Schools.  He  remained  there  three 
years,  and  then  resigned  to  enter  the  Harvard  Graduate  School,  where 
he  pursued  his  studies  for  three  years  (1891-94).    In  1892  he  received 

♦See  Annals,  vol.  ii,  p.  254,  September.  1891. 
t  See  Annals,  vol.  v,  p.  273,  September,  1894. 
X  See  page  12S  above. 

[589] 


130  Annates  of  the  American  Academy. 

the  degree  of  A.  M.  from  Harvard.     During  1892-94  he  held  a  Morgan 
Fellowship  in  Political  Science.* 

AUSTRIA. 

Vienna. — Professor  E.  Bematzik,t  formerly  of  Gratz,  has  been 
appointed  Ordinary  Professor  of  General  and  Austrian  Public  La\r  at 
the  University  of  Vienna,  and  has  entered  upon  the  duties  of  that 
post.  To  the  already  published  list  of  Professor  Bernatzik's  writings 
should  be  added : 

"Z«r  7ieuesten  Literatur  uber  das  deutsche  Reichssiaatsrechty 
Schraoller's  Jahrbuch,  Vol.  XVIII,  1894. 

*  See  Annals,  vol.  iii,  p.  242,  September,  1892,  and  vol.  iv,  p.  315,  September,  1893. 
f  See  Annals,  vol.  ii,  p.  116,  July,  1891,  and  vol.  iv,  p.  651,  January,  1894. 


BOOK  DEPARTMENT. 


REVIEWS. 

Philanthropy  and  Social  Progress.      By  Jane  Addams,  Robert  A, 

Woods,  J.  O.  S.  Huntington,  Frankun  H.  Giddings,  Bernard 

BOSANQUET,  and  Henry  C.  Adams.     Pp.  268.     Price,  I1.50.     New 

York  :  T.  Y.  Crowell  &  Co.,  1893. 

The  book  contains  seven  lectures  delivered  before  the  School  of 
Applied  Ethics  at  its  summer  session  in  1892.  The  lectures  are  of 
high  but  unequal  merit,  and  represent  very  diverse  temperaments  and 
phases  of  philanthropic  interest. 

Miss  Addams  in  two  lectures  discusses  the  subjective  necessity  and 
the  objective  value  of  social  settlements.  The  lectures  are  character- 
ized by  great  penetration,  abundant  but  thoroughly  controlled  sym- 
pathy, moderation  of  statement  and  chaste  literary  style.  Miss 
Addams  is  the  more  convincing  to  the  thoughtful  reader  because  she 
claims  less  for  social  settlements  than  he  had  braced  himself  to  expect. 
Nevertheless,  according  to  her  inventory,  the  settlement  has  an  en- 
couraging balance  to  its  credit.  It  is  not  a  marvelous  success,  but  it 
is  a  success.  The  second  lecture  is  especially  valuable  for  its  infor- 
mation concerning  the  workings  of  Hull  House. 

Mr.  Woods,  of  Andover  House,  Boston,  discusses  the  same  problem 
in  a  less  satisfactory  way.  He  is  suggestive,  but  not  convincing.  It  is 
but  just  to  say  that  his  faults  are  those  of  the  enthusiast,  an  exuberant 
style  not  always  in  good  taste,  and  a  tendency  to  prophecies  and  pro- 
posals which  sober  thought  would  modify. 

A  very  different  fervor  is  that  of  Father  Huntington,  who  discusses 
the  foibles  of  philanthropists  and  the  failures  of  philanthropy.  There 
is  something  terribly  impressive  in  this  earnest  indictment  of  the  vast 
institution  of  modern  charity,  and  in  the  unsparing  criticism  of  those 
who  have  found  in  their  charitable  deeds  a  subject  of  much  self-com- 
placency. Wealth  is  patronizing  and  poverty  fawning.  The  one 
complacently  and  the  other  enviously  misjudges  the  malady,  and  mis- 
takes the  cure.  Demoralizing  and  vicious  poverty  is  but  the  obverse 
of  demoralizing  and  vicious  wealth.  Pauperism  is  but  a  local  erup- 
tion, the  symptom  of  a  widely  diflfused  disease  which  affects  rich  and 
poor  alike.  And  this  is  none  other  than  selfishness,  a  temper  that  is 
never  more  offensive  or  vicious  than  when  it  palliates  the  evils  which 

[591] 


132  Annals  of  thk  American  Academy. 

it  creates.  Even  the  associated  charities,  while  eliminating  the  worst 
forms  of  the  vice  of  charity,  have  not  employed  the  only  really 
redemptive  force;  that  of  positive  personality.  All  this  is  old,  but  the 
writer  makes  it  terribly  new.  It  is  not  all  the  truth,  but  I  fear  it  is  all 
true.  It  would  be  easy  to  point  out  defects  in  these  lectures,  but  it 
would  be  neither  gracious  nor  profitable.  The  world  sadly  needs  to 
have  these  things  said  occasionally,  and  few  have  the  ability  and  the 
courage  to  say  them  as  Father  Huntington  has  done. 

But  while  some  poverty  is  due  to  social  injustice,  and  demands 
something  very  different  from  charity  for  its  relief,  there  is  much  that 
is  due  rather  to  social  progress  and  is  inseparable  from  it  It  is  to  the 
latter  that  Professor  Giddings  directs  our  attention.  Father  Hunting- 
ton declaims  against  the  charity  which  refuses  to  interfere  with  social 
maladjustments.  Professor  Giddings  warns  us  against  the  charity 
which  would  interfere  with  social  readjustments.  To  my  mind  each 
is  extreme,  being  too  much  inclined  to  reduce  all  poverty  to  a  single 
kind.  Both  kinds  exist.  The  one  ought  not  to  be,  and  it  calls  less 
for  relief  than  for  reform.  The  other  must  be  ;  it  is  but  the  debris  of 
social  manufacture,  a  thing  to  be  minimized  indeed,  but  the  machine 
that  turns  out  necessary  wares  must  not  be  stopped  because  it  makes 
chips.  In  scientific  temper  Professor  Giddings*  lecture  is  certainly 
admirable,  and  his  analysis  of  the  true  character  of  society  and  the 
nature  of  social  progress  is  eminently  satisfactory. 

Mr.  Bernard  Bosanquet  gives  an  excellent  account  of  charity  organ- 
ization in  London,  though  his  lecture  of  necessity  contains  little  that 
is  novel.     Professor  Adams  contributes  a  brief  introduction. 

H.  H.  Powers. 


A  History  of  Germany  in  the  Middle  Ages.  By  Ernest  F.  Hen- 
derson. Pp.  xxiv,  437.  Price,  |2.6o.  New  York:  Macmillan  & 
Co.,  1894. 

This  is  the  first  of  three  volumes  intended  to  cover  "  the  whole  of 
German  history."  Such  a  work  is  greatly  needed.  In  spite  of  the 
many  volumes  written  by  German  scholars,  there  is  no  satisfactory 
history  of  Germany  as  a  whole.  The  tendency  of  the  historical  train- 
ing in  the  German  universities  is  opposed  to  such  general  work.  The 
seminars  turn  out  specialists,  admirably  equipped  for  minute  research, 
but  apparently  incapable  of  taking  a  broad  view.  In  his  old  age, 
Ranke,  the  father  of  the  historical  seminar,  realized  this  danger  and 
doubted  the  wisdom  of  the  innovation  which  he  had  himself  in- 
troduced. 

[592] 


Phii/)sophy  op  Herbert  Spencer.  133 

But  this  attention  to  the  minutiae  has  opened  to  us  an  enormous 
mass  of  new  material.  In  the  last  twenty  years,  thousands  of  vol- 
umes have  been  devoted  to  the  elucidation  of  special  topics.  A  few 
men  of  somewhat  broader  range  have  made  use  of  these  special  theses 
and  prepared  scholarly  works  on  certain  phases  or  periods.  Lam- 
precht  is  writing  a  great  work,  of  which  the  fourth  volume  has  just 
appeared,  on  the  social  history  of  Germany.  Brunner  and  Schroder 
have  rewritten  the  constitutional  history.  Winkelmann  has  thrown  a 
flood  of  light  on  the  Hohenstaufen  period.  Miihlbacher,  Manitius, 
and  many  others  might  be  mentioned.  But  the  average  student  has 
needed  a  scholarly  work  which  embraced,  within  reasonable  compass, 
the  most  important  results  of  all  this  erudition.  Such  has  been  Hen- 
derson's task. 

We  are  already  indebted  to  the  author  for  a  most  serviceable  volume 
of  translations;  and  his  labor  in  preparing  that  collection  has  fitted 
him  for  his  larger  work.  His  acquaintance  with  the  leading  sources 
has  saved  him  from  the  errors  which  a  less  scholarly  writer  inevitably 
makes.  In  the  present  volume  the  material  is  judiciously  chosen,  the 
statements  are  accurate,  and  the  proportion  observed,  good.  The 
work  is  a  valuable  addition  to  our  accessible  material.  It  is  by  fer 
the  best  history  of  Germany  that  we  have. 

As  two  more  volumes  are  promised,  some  criticisms  may  be  added. 
The  style  is  faulty  and  unattractive;  the  proof-reading  is  careless;  no 
uniform  system  is  followed  for  the  proper  names.  But  we  do  not  wish 
to  emphasize  defects  in  detail,  as  we  feel  sure  that  every  competent 
teacher  will  advise  his  students  to  read  this  book. 

Dana  C.  Munro. 

University  of  Pennsylvania. 


An  Introduction  to  the  Philosophy  of  Herbert  Spencer,  with  a  Bio- 
graphical Sketch.     By  Wii^i^iAM  Henry   Hudson.     Pp.  ix,  234. 
Price,  I1.25.     New  York:  D.  Appleton  &  Co.,  1894. 
The  author  of  this  volume  hopes  to  furnish  "thoughtful  and  inquir- 
ing persons  of  broad  outlook  but  limited  leisure  •'  an  "  outline  map 
or  hand  guide  **  to  the  philosophy  of  Herbert  Spencer.     He  has  done 
this  ;  and  more.     He  has  given  students  long  familiar  with  Mr.  Spen- 
cer's voluminous  writings  an  exposition  of  the  philosophic  system  ex- 
pounded in  them  that  is  masterful  and  helpful  both  in  the  way  of 
refreshing  one's  memory  and  in  throwing  new  light  on  the  develop- 
ment of  Mr.  Spencer's  theories.     The  first  two  chapters,  "  Herbert 
Spencer:  A  Biographical  Sketch  "  and   "Spencer's  Efiu-lier  Work- 
Preparation  for  the  Sjrnthetic  Philosophy,"  are  in  themselves  valuable 

[593] 


134  AnnaIvS  of  the  American  Academy. 

contributions  to  the  history  of  the  doctrine  of  evolution.  Mr.  Hud- 
son shows  conclusively  that  the  distinction  of  first  proclaiming  this 
great  hypothesis  definitely  and  coherently  and  making  its  application 
universal  belongs  not  to  Darwin,  but  to  Spencer.  The  "Sketch" 
does  not  give  us  as  much  personalia  about  the  early  career  and  private 
life  of  the  synthetic  philosopher  as  one  would  wish.  His  mental 
habits  and  characteristics  and  methods  of  work  are  only  enlarged 
upon  where  they  help  to  explain  the  peculiar  origin  and  growth  of 
some  of  his  theories. 

The  outline  of  the  "  Spencerian  Sociology  "  is  an  excellent  example 
of  the  compact  and  suggestive  treatment  of  the  most  important,  and  at 
the  same  time  the  most  misunderstood  and  derided  part  of  Mr.  Spen- 
cer's system.  Many  will  doubtless  complain  that  there  is  not  a 
fuller  treatment  of  the  subjects  dealt  with  in  Volume  I  of  the  Soci- 
ology. But  Mr.  Hudson  chiefly  aims  in  this  chapter  to  show  how  and 
wherein  his  political  doctrines  fit  in  with  his  general  system ;  to 
demonstrate  that  his  individualism  for  which  he  is  so  universally 
condemned  and  at  which  many  marvel,  **so  far  from  being  artifi- 
cially foisted  on  to  the  rest  of  his  system,  as  some  would  have  us 
believe,  grows  naturally  out  of  and  therefore  properly  belongs  to  it — 
is  an  organic  part  of  his  general  doctrine  of  universal  evolution." 
And  he  emphasizes  what  many,  if  not  the  majority,  of  the  critics  of  the 
political  philosophy  of  Mr.  Spencer  fail  utterly  in  perceiving,  viz., 
that  the  Spencerian  State  has  great  and  comprehensive  functions, 
positive  as  well  as  negative,  and  that  "in  its  special  sphere — the 
maintenance  of  equitable  relations  among  the  citizens — ^governmental 
action  should  be  extended  and  elaborated." 

Mr.  Hudson  would  have  done  himself  a  substantial  service  toward 
gaining  a  speedier  and  firmer  hold  on  those  who  may  study  his  excel- 
lent introduction  had  he  stated  in  his  preface  the  fact  that  for  several 
years  he  was  privileged  to  enjoy  intimate  relations  with  Mr.  Spencer, 
as  his  private  secretary,  living  with  him,  seeing  and  hearing  him, 
learning  the  man,  his  mind,  and  his  theories  at  first  hand.  For  on 
the  title  page  of  this  work  we  learn  that  Mr.  Hudson  is  associate 
professor  of  English  literature  at  Leland  Stanford  Jr.  University,  and 
we  are  quite  sure  many  will  think  that  no  matter  how  profound  a 
student  he  may  be  of  literature  he  is  not  thereby  better,  but  is  likely 
less,  qualified  to  expound  the  philosophic  system  of  such  a  subtle  and 
comprehensive  thinker  as  Mr.  Spencer.  Whereas,  we  have  here  an 
admirable,  discerning  and  enlightening  introduction  to  the  Spencerian 
philosophy. 

Frank  I.  Harriott. 

Philadelphia 

[594] 


Nation AiE  Produktion.  135 

Nationale  Produktion  und  naiionaU  Berufsgliederung.      By  Dr. 

Hermann  Ik)SCH.     I,eipzig  :  Duncker  und  Humblot,  1892. 

l^sch  wishes  to  show  in  his  highly  interesting  and  instructive  book, 
that  Germany  must  adopt  a  new  policy  in  regard  to  production,  if  she 
is  not  gradually  to  be  quite  crowded  out  of  the  world-market  by 
foreign  competition.  According  to  the  author's  view,  the  industrijd 
life  of  Germany,  as  indeed  of  Western  Europe,  is  seriously  threat- 
ened by  American  competition,  because  in  the  United  States  ruthless 
organization  and  purely  industrial  technique  have  made  such  strides. 
Their  superiority  in  the  world-market,  the  shortening  of  the  hours  of 
labor,  the  high  wages, — all  these  have  their  common  cause  in  the 
technical  improvement  in  the  production  of  commodities.  Also  in 
Western  Europe,  the  technique  of  individual  trades  has  perfected 
itself;  but  the  weak  point  of  this  development  lies  in  its  want  of  system 
and  of  combination,  and  in  the  insufficient  extension  of  large  industry. 
It  is  necessary  to  combine  more  the  processes  of  the  small  concerns 
and  thereby  arrive  at  greater  results  in  the  way  of  total  production. 

In  a  statistical  and  technical  survey  of  the  different  fields  of  national 
production  and  their  divisions  according  to  trades,  the  author  under- 
takes to  show  in  detail  how  much  labor  and  capital  is  wasted  by  the 
noncentralized  method  of  production.  For  instance  a  comparison  of  the 
manufacture  of  tobacco  in  countries  where  this  is  a  monopoly  and  in 
those  where  it  is  not,  shows  that  in  the  former  many  thousand  fewer 
workmen  are  necessary  for  the  manufacture  of  the  same  amount  of 
the  product.  A  list  of  different  branches  of  production  are  investi- 
gated in  this  way, — milling,  brewing,  mining,  manufacture  of  machines 
and  textiles,  and  in  all  cases  the  author  tries  to  prove  how  much  labor 
coiild  be  saved  by  more  extensive  organization,  and  shows  that  in 
point  of  enthusiasm,  inclination  and  advertising  there  would  be  a 
very  great  economy  in  the  big  industry. 

On  the  basis  of  these  statistical  and  technical  investigations,  the 
author  comes  to  the  following  conclusion  as  to  what  results  would 
attend  more  systematic  production,  conducted  on  a  large  scale :  (i) 
In  the  trades  examined  the  average  labor  period,  if  in  fact  it 
amounted  to  twelve  hours,  would  be  reduced  to  nine  and  three- 
tenths  hours,  without  the  quality  or  quantity  of  the  commodity 
produced  being  affected.  (2)  The  amount  of  commodities  could, 
under  State  management,  be  increased  twenty-nine  per  cent  in  the 
industries  in  question,  taking  existing  technical  proficiency  as  a  start- 
ing poiut,  and  allowing  the  hours  of  labor  to  remain  the  same.  This 
increase  would  mean  an  equal  gain  for  the  income  of  the  nation. 
(3)  The  adoption  of  the  ten  hour  working  day  for  the  whole  labor- 
ing population  of  Germany  would  be  secured. 

[595] 


136  Annals  op  th^  American  Acadkmy. 

The  author  proposes,  for  the  realization  of  his  ideals,  that  national 
trade-unions  should  be  formed  over  all  Germany  ;  that  these  trade- 
unions,  after  previous  inquiry  into  the  demand,  should  produce  in 
accordance  with  a  common  plan. 

Interestingly  written  as  Losch's  book  is,  his  practical  suggestions 
appear  to  us  much  too  far-reaching  and  not  unquestionable.  He  is 
certainly  right  when  he  regrets  the  dissociated  condition  of  many 
branches  of  production,  and  criticises  the  backward  state  of  technical 
knowledge  in  the  small  industries.  But  if  his  ideals  were  realized, 
we  should  have  to  look  out  for  new  drawbacks.  Through  these 
national  associations  for  production,  all  the  small  trades  would  be 
made  impossible,  and  only  large  industry  would  survive.  This  would 
be  a  cause  for  regret  on  account  of  the  numerous  advantages  which 
the  small  concern  has  in  many  branches  of  production.  Individual 
taste  would  then  have  to  yield  to  the  uniform  scheme  of  these  central- 
ized industries.  And  even  then  would  Losch's  plan  do  away  with  the 
chief  evil,  overproduction  and  speculation  ?  Certainly  not.  The 
national  unions  should,  indeed,  calculate  the  public  demand,  but  they 
would  not  be  able  to  do  so  on  account  of  the  ever  varying  taste  of  the 
public  So  long,  at  any  rate,  as  the  individualistic  method  of  economy 
continues,  such  a  correspondence  of  supply  and  demand  cannot  be 
attained  ;  but  in  this  great  association,  errors  would  have  much  worse 
consequences  than  in  small  industries.  Therefore  it  seems  better  to 
permit  the  formation  of  trusts  to  go  on  more  spontaneously,  but  not 
to  regard  the  general  spread  of  national  trusts  as  exactly  the  panacea 
for  all  social  ills.  There  is  also  great  danger  that  these  national  trade 
associations  would  lead  us  directly  into  State  socialism,  since  the  State 
would  not  very  long  leave  the  regulation  of  national  production  to  the 
ofl5cials  of  these  unions.  That  the  author  is  not  altogether  averse  to 
such  socialistic  ideas  is  evidenced  by  his  plan  for  agricultural  produc- 
tion, which  he  thinks  should  be  so  conducted  that  the  farmers  should 
be  subject,  as  regards  the  cultivation  of  the  soil,  to  regulations 
emanating  from  a  national  agricultural  commission.  In  fact,  that 
-would  amount  to  State  control  of  agricultural  production. 

KARly  DlBHi;. 

[Translated  by  Ellen  C.  Semple.] 


A  Student's  Manual  of  English  Constitutional  History.  By  Dudi^EY 
Jui,ius  Mbdi^by,  M.  a.  Pp.  583.  London  :  Simpkin,  Marshall  & 
Co.,  1894. 

[596] 


A  Student's  Manual  of  English  History.     137 

The  Elements  of  English  Constitutional  History.  By  F.  C.  Mon- 
tague, M.  A.  Pp.  240.  Price,  I1.25.  London  and  New  York  : 
Longmans,  Green  &  Co.,  1894. 

The  primary  reason,  as  stated  in  the  preface,  for  the  existence  of 
A  Student's  Manual  of  English  Constitutional  History,"  is  the 
arcity  of  textbooks  in  constitutional  history,  and  especially  the 
scarcity  of  books  dealing  with  the  subject  upon  satisfactory  lines. 
The  line  of  treatment  which  has  commended  itself  to  our  author,  is 
the  separate  presentation  of  each  of  the  great  institutions  of  the 
English  government.  After  an  introductory  chapter,  in  which  is  dis- 
cussed the  nature  of  constitutions  and  the  different  sources  of  the 
English  constitution,  and  a  chapter  upon  the  relation  of  the  land  to 
the  people,  the  first  group  of  great  institutions  is  sketched  under  the 
general  title,  The  Administrative.  Here  are  presented  the  Crown, 
the  King's  Council,  Curia  Regis,  the  Privy  Council,  the  Cabinet,  and 
the  modem  administrative  departments.  The  next  three  chapters  are 
devoted  to  the  origin  and  history  of  legislative  institutions.  Two 
whole  chapters  are  given  to  the  House  of  Commons :  one  dealing 
with  its  forms  and  the  other  with  its  action.  The  other  institutions 
sketched  in  separate  chapters  are  those  pertaining  to  the  Adminstra- 
tion  of  Justice,  to  Local  Government  and  to  Religion. 

Montague's  little  book,  "The  Elements  of  English  Constitutional 
History,"  covers  the  same  ground,  but  instead  of  presenting  separate 
sketches  of  the  different  institutions,  the  whole  subject  is  set  forth  in 
chronological  order.  Mr.  Montague's  book  is  simpler  and  more 
elementary,  and  is  addressed  to  a  different  audience.  It  is  designed 
for  the  use  of  those  who  are  beginning  to  read  history. 

Mr.  Medley's  book  is  addressed  to  the  same  class  as  the  familiar 
work  of  Taswell-Langmead.  The  peculiarity  of  the  new  work  lies  in 
its  separate  treatment  of  the  various  legislative,  executive,  judicial  and 
ecclesiastical  institutions.  A  student  of  constitutional  history  wants 
to  get  a  view  of  all  the  governmental  institutions  as  they  are  unfolded 
together.  This  is  the  first  and  the  most  natural  >'iew.  On  this  plan 
most  constitutional  histories  have  been  written.  Yet  any  student  who 
has  sought  more  than  a  superficial  knowledge  of  the  subject  will 
testify  that  he  has  often  found  himself  ransacking  all  histories  at  his 
command,  from  beginning  to  end,  in  order  to  trace  certain  specific 
institutions.  Mr.  Medley  has  done  for  the  student  what  e%'ery  careful 
student  has  tried  to  do  for  himself.  He  has  given  a  full  and  lucid 
sketch  of  the  various  governmental  institutions  from  the  beginning  to 
the  end  of  the  history.  This  necessarily  involves  a  good  deal  of 
repeating.  The  administrative  institutions  are,  in  the  earlier  years 
and  in   part  throughout,   the  same  as  the  legislative,  judicial  and 

[597] 


138  Annaxs  of  the  American  Academy. 

ecclesiastical.  Hence,  the  same  institution  appears  in  its  three  or  four 
different  capacities,  and  its  history  is  traced  in  as  many  different 
relations.  I  am  inclined  to  the  opinion  that  this  method  of  treatment 
will  be  found  to  be  peculiarly  helpful  to  the  American  student  who 
has  in  his  own  government  an  easily  distinguishable  history  for  the 
separate  legislative,  executive  and  judicial  institutions.  The  form  of 
Mr.  Medley's  book  ought  to  make  it  easier  for  the  American  to  see 
that  the  English  have  not  separate  institutions  in  the  same  sense. 

JESSK  Macy. 


Les  Luttes  entre  sociHh  humaines  et  leurs  phases  successives.  Par 
J.  Novicow.  Price,  10  fr.  Paris  :  Felix  Alcan,  1893. 
This  is  a  thick  book,  and  makes  very  tiresome  reading.  The  author 
undertakes  to  prove  that  conflict  is  the  general  law  of  the  universe. 
It  even  begins,  according  to  his  view,  among  atoms  and  molecules. 
"The  struggle  among  atoms  will  be  eternal"  (p.  6).  This  conflict 
is  continued  among  the  heavenly  bodies,  in  our  solar  system,  in  the 
vegetable  and  animal  kingdoms,  and  among  men.  Side  by  side 
with  it  there  exists  a  tendency  toward  association.  ' '  Himian  hordes 
unite  to  form  tribes;  tribes  form  towns;  towns  combine  into  States" 
(p.  10).  "There  is  nothing  opposed  to  the  assumption  that,  some 
time  in  the  future,  a  great  federation  of  States  will  take  the  place 
of  the  present  order  of  things"  (p.  11).  In  all  associations  the  con- 
stituent elements  continue  the  struggle.  Every  conflict,  however, 
must  end  with  adaptation  to  the  whole,  or  with  the  elimination  of  that 
element  which  does  not  so  adapt  itself.  Among  men  this  conflict 
passes  through  several  successive  phases.  Its  first  form  is  cannibalism ; 
then  follows  slavery,  pillage  and  political  subjugation.  In  other 
words,  the  struggle  among  men  passes  through  the  alimentary, 
economic  and  political  phases,  and  becomes  in  the  end  a  mental 
conflict 

The  author  describes  at  length  the  different  aspects  of  this  conflict, 
and,  in  this  connection,  censures  those  who  carry  on  war  for  the  sake 
sake  of  riches.  "  War  and  wealth  are  antagonistic,"  since  every  war 
destroys  wealth.  The  author  rings  in  the  changes  on  this  thought 
in  the  most  varied  forms,  in  order  to  express  his  conviction  that  a 
better  insight  and  more  perfect  wisdom  must  some  day  lead  to  doing 
away  with  war.  "Political  tactics  have  been,  therefore,  hitherto 
on  the  wrong  road  "  (p.  236).  Instead  of  waging  wars,  it  would  be 
better  * '  to  settle  the  political  boundaries  of  States  by  the  free  agree- 
ment of  the  citizens  "  (p.  237).  Then  the  basis  of  the  different  politi- 
cal territories  would  be  nationality,  which  rests  chiefly  on  similarity 

[598] 


Les  Luttes  entre  socitrtts  humaines.         139 

of  language  and  customs.     In  conflicts  between  nationalities,  however, 
tlie  State  should  not  interfere. 

The  author  devotes  one  part  of  his  book  (Part  IV)  to  the  phenome- 
non of  solidarity.  This  is  promoted  by  political  administration,  by 
urity,  justice,  etc.  He  speaks  in  the  next  part  (Part  V)  of  the 
ors  of  modern  political  principles,  which  he  finds  "inconsistent 
aiul  absurd"  (p.  658),  and  he  cites,  as  proof  of  his  views,  numerous 
incidents  from  modem  history.  He  looks  for  an  improvement  result- 
ing from  the  development  of  social  science  and  from  socialism.  "Yes, 
it  is  the  socialist  party  which  is  preparing  for  us  a  better  destiny  " 

(p.  737). 

This  is  in  brief  the  substance  of  the  book.  With  its  political 
tendencies  the  reader  feels  himself  to  be  partly  in  accord,  but  the 
scientific  method  leaves  much  to  be  desired.  It  must  always  be  pre- 
judicial to  objective  investigation  when  the  economist  has  the  purpose 
of  making  the  world  better.  The  idea  of  doing  away  with  war  and 
dividing  oflf  States  according  to  nationality  is  no  new  one,  but  it  be- 
longs in  the  realm  of  Utopias.  In  the  case  of  the  author,  who  is  a 
Russian,  it  suggests  that  he  would  like  to  see  all  the  European  Slavs 
united  under  one  government.  Subjective  desires  such  as  this  ob- 
scure the  view  of  human  evolution,  which  proceeds  according  to 
natural  laws.    Political  tendencies  such  as  this  do  not  belong  to  science. 

Mention  should  be  made  of  yet  another  circumstance.  Simul- 
taneously with  the  appearance  of  this  book,  tliere  was  published  in 
Paris,  by  Guillaumin,  the  French  translation*  of  a  work  by  Gumplowicz 
on  "The  Conflict  of  Races,"  a  work  which  had  come  out  in  German 
ten  years  before.  A  French  sociologist,  Gustave  Tarde,  reviewed  both 
these  books  at  the  same  time  in  the  Revue  Philosophique  of  Ribot, 
and  expressed  his  surprise  that  the  two  authors,  who  did  not  know  one 
another^  agreed  on  so  fnany  leading  points.  Now,  it  was  impossible 
for  Gumplowicz,  in  1882,  to  know  the  work  of  Novicow,  which 
appeared  first  in  1893.  But  Novicow,  in  his  reply  to  Tarde  in  the 
Revue  Philosophique,  acknowledges  that  he  had  read  Gumplowicz's 
book  on  "The  Conflict  of  Races "  in  German,  and  states  that  he  does 
not  agree  with  some  of  the  views  expressed  in  it  Now,  it  is  strange 
that  he  did  not  mention  that  book  in  his  own  work.  If  the  book  of 
Gumplowicz  had  not  accidentally  appeared  in  French  translation  at 
the  same  time  as  that  by  Novicow,  the  similarity  between  the  two 
works  in  many  leading  points  would  have  quite  escaped  the  French 
critics.  LuDWiG  GuMPW)wicz. 

[Translated  by  Ellen  C.  Semple.] 

•  "  Ztf  LutU  des  Paces  "  traduit  par  Charles  Baye.    Paris :  Guillanmin,  1893. 

[599] 


140  Annals  of  thk  American  Academy. 

National  Life  and  Character ;  a  Forecast.  By  Charles  H.  Pear- 
son. Pp.  357.  Price,  %'i.QO.  New  edition.  I^ondon  and  New 
York  :  Macmillan  &  Co.,  1894. 

Under  this  non-committal  title,  Mr.  Pearson  cloaks  a  most  gloomy 
prophecy  as  to  the  future  of  society.  The  author  opens  his  work  with 
the  statement  that  the  white  race  cannot  prosper  outside  the  temperate 
latitudes,  bringing  forward  as  proof  of  this  the  unsuccessful  attempts 
at  colonization  in  Africa,  Asia  and  South  America.  On  the  other 
hand,  he  says  there  is  no  more  room  for  the  race  to  increase  within 
the  temperate  zone,  for  the  ratio  of  land  to  man  has  already  passed 
the  point  which  is  most  advantageous  for  man.  What  is  the  necessary 
consequence?  Is  it  not  clear,  that  either  the  white  race  must  become 
stationary  and  prevent  the  immigration  of  the  lower  peoples,  in  which 
case  the  final  result  will  be  an  inability  to  compete  with  the  over- 
whelming number  of  these  cheap  producers ;  or  else,  increasing  in 
numbers  without  increasing  in  resources,  the  white  must  finally  sink 
to  the  level  of  his  outside  rival  ?  Into  this  latter  alternative  Mr.  Pear- 
son believes  the  race  to  have  been  already  forced,  and  he  sees  a 
consequent  lowering  of  moral  tone,  a  tendency  toward  State  Social- 
ism, a  decline  in  the  arts,  and  a  general  tendency  for  the  human  race 
to  become  "fibreless  and  weak."  This  tendency,  he  continues,  must 
increase,  for  the  lower  portion  of  our  population  is  constantly  gain- 
ing on  the  higher ;  cities  are  constantly  multiplying  at  the  expense 
of  the  country ;  in  science  and  invention  we  have  only  the  details  to 
fill  in  ;  and  from  time  to  time  each  branch  of  literature  presents  some 
example  so  perfect  that  emulation  is  useless.  Thus,  one  by  one  these 
branches  are  being  closed  to  human  effort,  until,  finally,  man  will  be 
so  weak  that  he  will  do  nothing  noble  if  he  can,  and  the  fields  of 
legitimate  ambition  will  be  so  closed  that  he  can  do  nothing  noble 
if  he  will.  In  other  words,  society  has  passed  its  high- water  mark  in 
intellectual,  moral  and  physical  development,  and  degeneration  has 
already  set  in.  Such  is  the  conclusion  which  our  author  places 
before  us. 

There  is  a  homely  proverb  to  the  effect  that  a  long  succession  of 
dainties  makes  brown  bread  taste  good.  If  such  is  the  case,  the  many 
books  which,  like  Kidd's  "Social  Evolution,"  emphasize  man's  constant 
progress  toward  a  higher  plane  of  civilization,  must  make  one  appre- 
ciate this  gloomy  forecast.  Is  it  not  possible  that  this  contrast,  aided 
by  the  excellence  of  our  author's  style,  and  the  ready  flow  of  argu- 
ments, may  partially  blind  us  to  some  things  which  can  be  urged  in 
opposition  ?  Granting  that  the  white  man  is  not  at  present  a  successful 
colonizer  of  the  torrid  zone,  does  it  follow  that  such  regions  may  not 
be  used  for  his  benefit?    Mr.  Pearson  does  not  cite  a  single  case  of  a 

[600] 


Nationai,  Life  and  Character.  141 

white  nation  which  has  maintained  a  vigorous  life  at  home  losing  con- 
trol of  any  tropical  possession.  On  the  contrary,  the  European  powers 
are  constantly  extending  their  control.  Even  our  author  admits 
that  it  is  in  a  great  measure  the  government  of  the  white  race  which 
allows  the  colored  man  to  advance.  Does  it  not  follow,  then,  that  the 
worst  we  have  to  fear  is  a  series  of  Indias  under  white  management  ? 
It  is  admitted  that  such  control  cannot  be  lost  until  the  two  races  are 
equal  ;  and  so  long  as  the  white  advances  at  home,  he  can  remain 
ahead  of  the  black  in  India  ;  or  if  the  colored  man  equals  his  teacher, 
then  the  same  causes  that  produce  a  stationary  order  in  the  white 
will  have  a  like  efifect  on  the  black,  and  we  shall  see  an  equal  race  all 
over  the  world  governed  by  the  same  conditions. 

The  only  chance  for  Mr.  Pearson's  forecast  being  true  is  the  lower- 
ing of  the  white  race  by  a  fall  in  its  standard  of  living.  This,  he  says, 
has  already  commenced.  Man  has  begun  to  be  crowded,  he  has 
looked  to  the  State  for  aid,  he  is  not  to-day  the  equal  of  what  he  has 
been.  In  support  of  this  position,  which  is  the  crucial  point  of  tlie 
book,  the  author  compares  our  leading  statesmen,  writers,  inventors, 
etc.,  with  those  of  the  past.  In  this  comparison  he  is  a  trifle  unjust. 
He  seems  to  hold  in  one  scale  the  best  representatives  of  two  cen- 
turies' talent  in  literature,  art  and  science  and  to  expect  the  past  fifty 
years  to  fill  the  other  scale  with  the  equals  of  these.  Now,  while 
we  may  not  be  able  to  produce  the  peers  of  all  the  great  men  from 
Shakespeare  to  Pitt  our  generation  may  be  able  to  show  as  strong  an 
array  of  talent  as  any  like  period  of  time.  Although  the  leaders  of 
to-day  may  not  stand  out  so  prominently  above  their  fellows  as  did 
the  leaders  of  previous  epochs,  can  not  the  reason  be  other  than  the 
one  Mr.  Pearson  assigns  ?  The  average  of  society  may  be  higher,  and 
if  so  a  man  must  be  far  abler  now  than  one  hundred  years  ago  to 
occupy  the  same  relative  position.  If  we  have  no  men  who  stand  out 
from  their  fellows  as  did  Pitt,  Mirabeau  or  Hamilton,  we  have  parlia- 
mentary leaders  whose  store  of  information  and  shrewdness  is  no  less 
than  theirs  was.  The  person  who  looks  to  see  in  the  present  the 
exact  copy  of  the  past  is  sure  to  be  disappointed.  Progress  moves  in 
waves,  no  two  being  alike,  and  only  every  seventh  wave  is  a  great  one. 
Not  only  should  these  facts  be  considered,  but  we  must  remember  tlie 
difficulty  of  judging  one's  own  contemporaries.  It  is  possible  that 
some  second  Mr.  Pearson,  writing  in  1950,  may  think  that  an  age 
which  produced  statesmen  like  Bismarck  and  Beaconsfield,  military 
leaders  like  Von  Moltke  and  Lee,  orators  like  Glad.stone  or  Blaine, 
historians  like  Von  Sybel  and  Parkman,  not  to  .speak  of  leaders  in 
other  departments  of  knowledge  like  Spencer,  Proctor  or  Browning 
was  not  wholly  inferior  to  some  previous  epoch. 

[601] 


142  Annaxs  of  the  American  Academy. 

There  is  no  need  of  great  inventors  or  scientists,  the  writer  claims, 
for  there  is  nothing  left  to  learn  or  invent;  moreover  the  present 
generation  does  not  encourage  inventors  as  did  the  last  century. 
Now,  in  a  way,  this  is  safe  ground,  for  inventions  cannot  be  foretold,  yet 
it  might  be  instructive  to  note  the  effect  on  Mr.  Pearson's  whole 
argument  should  Mr.  Galton  succeed,  with  the  aid  of  artificial  ice, 
in  making  the  tropical  zone  habitable  for  the  white  man,  a  thing 
which  he  considers  extremely  possible.  Nor  is  it  hardly  fair  that  an 
age  which  sees  capitalists  eager  to  put  their  money  behind  a  success- 
ful inventor  and  magazines  oflfering  their  best  assistance  in  further- 
ance of  his  efforts,  should  be  considered  hostile  to  invention.  Was  it 
not  about  a  century  ago  that  Fulton  offered  his  steamboat  to  Napoleon, 
and  the  man  who  only  needed  control  of  the  English  Channel  to  be 
master  of  the  world  laughed  at  him?  Can  Mr.  Pearson  furnish  a 
more  marked  case  to-day  ? 

Finally,  if  all  of  our  author's  argument  should  be  admitted,  is  there 
not  reasonable  doubt  as  to  the  truth  of  his  premises?  When  we  com- 
pare America  and  Australia  with  England  or  France,  and  reflect  on  the 
fact  that  they  could  be  self-supporting  countries  if  need  be,  we  must 
admit  that,  even  with  the  present  habits  of  life  maintained,  there  is 
much  room  for  the  expansion  of  population.  What  could  be  done  if 
those  habits  were  changed!  Omitting  all  considerations  as  to  the 
substitution  of  electricity  for  horse-power,  and  the  consequent  increase 
in  our  supply  of  grain,  we  must  ask  ourselves.  Has  the  limit  of  popu- 
lation been  reached  when  enough  land  is  wasted  in  the  production  of  i 
whiskey  to  support  millions  ?  Can  our  author  maintain  that  the  worl4^| 
is  able  to  support  no  more  people,  when  our  existing  resources  are  no^^' 
utilized  to  the  best  advantage?  I  do  not  speak  of  the  increased 
powers  of  production  which  some  economists  maintain  will  result  from 
a  greater  variety  of  consumption,  but  merely  of  our  existing  supply. 
Is  it  not  possible  that  the  very  increase  of  power  by  the  central  gov- 
ernment, which  Mr.  Pearson  laments,  may  prove  a  blessing  if  it  leads 
to  a  substitution  of  national  for  individual  prosperity  ?  Even  should 
the  lower  races  flood  the  temperate  zone,  there  is  no  reason  to  suppose 
that  a  civilization  might  not  result  which  would  be  the  equal,  or  even 
the  superior,  of  our  own.  We  have  seen  remarkable  progress  on  the 
part  of  the  black  race  in  our  own  country,  yet  greater  on  the  part  of 
the  yellow  race  in  Japan  ;  and  all  within  thirty  years.  What  could 
we  not  expect  in  three  hundred  ?  Should  not  a  considerable  share  of 
our  prosperity  be  attributed  to  the  temperate  climate  in  which  we  live? 
Our  Saxon  and  Frankish  ancestors  were  on  as  low  a  plane  of  civiliza- 
tion as  are  the  black  and  vellow  races  of  to-day.  But  the  issue  is  far 
broader  than  the  mere  increase  of  some  low  types  of  character.     It  is 

[602] 


Eight  Hours  for  Work.  143 

simply  this  :  Shall  the  world,  which  has  thus  far  been  growing  better, 
he  turned  from  this  path  and  go  downward  ?  Mr.  Pearson  himself 
who,  tells  us  in  his  introduction,  that  the  most  conspicuous  examples 
false  prophecies  are  taken  from  those  made  by  eminent  statesmen. 
lay  we  not  hope  that  the  forecasts  of  our  poets  who  occupy,  in  our 
generation,  the  position  held  by  the  older  race  of  prophets,  are  more 
nearly  correct  than  is  this  despondent  prediction  of  an  eminent  Aus- 
tralian statesman  ! 

While  our  author  has  given  us  a  work  with  whose  conclusions  there 
may  be  honest  differences  of  opinion,  there  can  be  no  doubt  that  he 
does  call  attention  to  forces  in  our  civilization  which  are  too  oflen 
neglected.  If  Mr.  Pearson  succeeds  in  turning  society  from  a  glorifi- 
cation over  its  prosperity  to  an  attempt  to  remedy  its  imperfections, 
we  may  well  thank  him  for  his  efforts. 

C  H.  L1NC01.N. 

Philadelphia. 


Eight  Hours  for    Work.    By  John  Rab.     Pp.  340.     Price,  I1.25. 

London  and  New  York  :  Macmillan  &  Co.,  1894. 

The  purpose  of  the  book  is  well  expressed  in  the  following  extract 
from  the  preface:  "I  was  led  to  undertake  the  following  inquiry, 
because  I  could  find  no  solid  bottom  in  any  of  the  current  prognosti- 
cations, favorable  or  unfavorable,  as  to  the  probable  consequences  of  a 
general  adoption  of  an  eight-hours  working  day.  They  were  all  alike 
built  on  a  little  stock  of  assumptions  about  the  natural  effects  of 
shorter  working  hours,  which  nobody  seemed  to  think  it  necessary  to 
verify.  ...  It  seemed,  therefore,  that  if  we  wanted  to  know 
what  was  to  happen  now,  the  best  way  to  begin  was  to  find  out  what 
had  happened  before."  The  author  finds  that  "the  available  evidence 
is  unexpectedly  copious,  and  its  teaching  is  unexpectedly  plain  and 
uniform."  The  book  seems  to  fully  justify  these  two  statements. 
The  number  of  experiments  made  with  short  hours  is  certainly  sur- 
prising, and  their  result  still  more  so. 

The  effect  of  short  hours  on  production  is  first  considered.  Most 
writers,  even  the  friends  of  the  movement,  have  usually  assumed, 
with  Professor  Marshall,  that  production  would  be  lessened  consider- 
ably, if  not  proportionally,  by  a  change  fit>m  nine  or  ten  hours  to 
eight,  and  further,  that  the  loss  would  be  greatest  where  most  auto- 
matic machinery  is  used ;  and  finally,  that  if  production  were  main- 
tained at  near  the  old  rate  during  the  trial  period,  it  would  decline 
after  a  few  months  when  the  workmen  considered  the  case  settled. 
Experiment  in  a  great  variety  of  industries  seems  to  prove  all  these 

[603] 


144  Annals  of  the  American  Academy. 

fears  groundless.  Production  has  hardly  decreased  ;  it  has  decreased 
as  little  with  automatic  machinery  as  without  it ;  and  it  has  almost 
always  been  larger  after  a  year  or  so  than  at  first.  The  author  con- 
cludes that  the  longer  working  day  has  been  excessive ;  that  it  has 
deteriorated  the  mind  as  well  as  the  body  to  the  detriment  of  quantity 
and  quality  of  product,  machine  work  suflfering  by  interruption  and 
mismanagement ;  and  finally,  that  a  reduction  of  hours  results  in  a 
slow  but  considerable  improvement  of  the  laborer's  efficiency,  with 
corresponding  effect  on  the  product  Many  will  view  these  results 
with  incredulity,  but  it  will  certainly  be  difficult  to  discredit  them,  for 
the  author  has  taken  the  precaution  to  consider  all  evidence  on  the 
question,  no  matter  what  its  tendency. 

Evidence  is  also  collected  as  to  the  use  which  the  working  man 
makes  of  his  leisure.  The  result  is  less  conclusive,  but,  on  the  whole, 
encouraging.  He  not  unfrequently  makes  a  better  use  of  the  longer 
leisure  because  it  is  more  usable.  Mr.  Rae  believes  that  it  has  been 
regularly  favorable  to  temperance,  and  finds  that  the  liquor  dealers 
have  opposed  the  shorter  day. 

Perhaps  the  best  thing  of  the  book  is  the  discussion  of  the  favorite 
argument  in  favor  of  the  eight-hour  day,  that  it  will  furnish  work  for 
the  unemployed.  This  the  author  declares  to  be  a  chimera.  If  the 
shorter  hours  do  not  seriously  curtail  production,  they,  of  course,  leave 
the  unemployed  where  they  were  before.  But  even  if  it  did,  it  would 
not  help  them.  The  favorite  argument  is,  that  to  curtail  production 
would  leave  demand  as  before,  and  more  men  would  be  called  in  to 
keep  up  the  supply,  and  wages  would  rise  because  of  scarcity  and  the 
absence  of  the  competition  of  the  unemployed.  This  sophistry  is 
admirably  exposed.  To  curtail  supply  may  leave  want  unchanged, 
but  not  demand.  Demand  is  an  offisr  of  goods  for  goods,  and  if  there 
are  less  goods  to  bid  for,  there  are  just  so  many  less  goods  to  offer  for 
them.  Demand  is  not  only  proportional  to  supply  ;  demand  is  supply 
looked  at  from  another  side.  If  industry  could  absorb  the  unemployed 
under  an  eight-hour  day,  it  could  do  so  under  a  ten-hour  day,  since  it 
is  the  product  of  labor  that  pays  the  wages  of  labor.  This  conclusion 
is  confirmed  by  the  fact  that,  when  hours  were  greatly  reduced  by  the 
English  Factory  Acts,  the  unemployed  did  not  diminish.  This  fatuous 
belief,  that  to  reduce  production  would  raise  wages  and  increase  the 
employment  for  labor,  the  writer  declares  to  be  the  greatest  obstacle 
to  the  proposed  reduction.  A  chapter  on  the  significant  experience  of 
the  colony  of  Victoria  and  one  on  industrial  legislation  complete  the 
book.  The  writer  favors  a  cautious  use  of  legislation  to  accomplish 
the  reform,  the  inertia  of  employers  rendering  it  otherwise  im- 
possible. 

[604] 


Ln'B  AND  Times  of  James  the  First.  145 

The  book  is  almost  a  model.     It  is  conspicuous  for  candor  and  good 
judgment,  and  combines  acute  analysis  with  painstaking  research. 

H.  H.  Powers. 


The  Life  and  Times  of  fames  the  First,  the  Conqueror,  King  of 
/dragon,  etc.  By  F.  Darwin  Swift,  B.  A.,  formerly  scholar  of 
Queens  College,  Oxford.  Pp.  xx,  311.  Price,  I3.25.  I^ondon  and 
New  York  :  Macmillan  &  Co.,  1894. 

This  is  an  historical  monograph  of  a  kind  which,  unfortunately,  is 
much  less  common  in  English  than  it  ought  to  be.  Mr.  Swift  has 
divided  his  work  into  two  parts,  Political  History  and  Social  History, 
an  arrangement  which  necessarily  involves  some  repetition  yet  which 
is  justified  in  this  instance.  Owing  to  the  uncritical  character  of 
previous  accounts  in  English  of  this  period  of  Spanish  history,  the 
author's  first  task  was  to  discover  and  present  in  succinct  form  what 
actually  happened  during  the  life  of  James.  This  he  has  done  in  his 
first  part.  A  more  appropriate  title  for  this  division  of  the  work 
would  have  been  "The  Annals  of  the  Reign  of  James  I."  reserving  for 
Part  II  the  title  Political  and  Social  Institutions. 

Part  I,  like  all  annals,  is  very  dry  reading,  but  the  critical  care  that 
has  been  expended  upon  it,  and  the  thorough  study  of  the  sources 
printed  and  unprinted  upon  which  it  is  based,  give  it  a  permanent 
value  as  a  work  of  reference. 

The  six  chapters  of  Part  II  discuss  the  Administrative  System  and 
Legislation  of  James,  Finance,  Commerce,  the  Church,  the  Jews  and 
Saracens,  Literature,  Science  and  Art.  There  are  also  several  appen- 
dices, a  small  collection  of  documents,  a  good  index  and  a  very 
serviceable  Bibliography.  In  the  latter,  however,  one  is  surprised  to 
find  Condi's  utterly  untrustworthy  Histoire  de  la  Domination  des 
Arabes  et  des  Maures  en  Espagne  and  to  miss  Dozy's  Recherches  and 
Mueller's  Der  Islam  im  Morgcn-  und  Abcndland.  The  student  of 
economic  history  will  turn  first  to  the  chapter  on  "Revenues  and 
Commerce."  It  is  the  best  collection  of  facts  accessible  in  English 
on  the  trade  and  industry  of  the  Eastern  Mediterranean  peoples  in 
this  period,  yet  it  is  not  so  complete  as  it  might  be.  In  the  literature 
of  the  subject  Mr.  Swift  has  overlooked  Hcyd's  Geschichte  des  Lei'ont- 
handcls  and  Ebert's  Quellenforschungen  aus  der  Geschichte  Spaniens 
of  which  the  chapter :  Zur  VerfcLSSungsgeschichte  der  Stadt  Barcelona 
im,  Mittelalter  is  important  for  his  purpose.  James*  Navigation  I«aw 
of  1227  is  described  as  restricting  the  traflSc  with  Egypt  to  *' ships  of 
Barcelona  alone  to  the  special  exclusion  of  foreign  vessels,"  but 
reference  to  the  proclamation  as  given  in  Capmany  II,  p.  11  (the 

[605] 


146         Annai^  of  the  American  Academy. 

reference  is  misprinted  p.  4)  shows  that  the  law  provided  merely  that 
when  Barcelona  vessels  were  in  port  freight  must  be  shipped  by  them. 
In  the  absence  of  Barcelona  vessels,  those  of  other  cities  might  be 
employed. 

The  appendix  on  "The  Currency"  is  disappointing.  It  should 
have  contained  a  discussion  of  the  value  of  the  coins  mentioned  in  the 
body  of  the  work.  As  it  is,  Mr.  Swift  falls  into  a  serious  error,  p.  45, 
in  estimating  the  value  of  a  ransom.  He  rates  the  besant  at  4c?.  The 
gold  besant  was  worth  about  the  same  as  the  gold  florin  (about  I2.40) 
and  the  silver  besant  is  estimated  by  Muratori  at  two-thirds  that 
amount  or  about  ^1.60.  Capmany  approved  a  valuation  of  the  silver 
besant^in  1276  at  3^  sols.  Taking  Mr.  Swift's  valuation  of  the  sol  at 
15  5^/  we  get  $1.20  for  the  value  of  a  besant,  or  at  least  fifteen  times 
greater  than  Mr.  Swift's  estimate.  The  map  should  have  represented 
Eastern  Spain,  as  it  was  in  James'  time,  not  as  it  is  to-day.  Most  of 
these  minor  defects  can  be  easily  corrected  in  a  second  edition  and 
should  not  be  unduly  emphasized.  The  work  as  a  whole  commands 
respect  and  confidence  by  the  thoroughness  of  the  research  and  the 
solidity  of  the  scholarship  which  its  pages  reveal.  It  is  to  be  hoped 
that  Mr.  Swift  will  continue  his  work  in  Mediaeval  Spanish  History 
for  English  historical  literature  in  that  field  is  singularly  deficient. 

Edward  G.  Bourns. 

Adelbert  College,  Oeveland,  Ohio. 


Ceschichie  des  antiken  Kommunismus  und  Socialismus.    By  RobkrT 

ToHi^MAUN.     I.  Band.     Miinchen:  Beck,  1893. 

The  title  of  this  book  does  not  correspond  strictly  to  the  contents, 
which  oflfer  more  than  that  would  indicate.  We  have  to  do  here  not 
simply  with  an  historical,  but  also  with  a  politico-social  work,  in  which 
the  historical  foundation  serves  merely  as  the  occasion  for  developing 
the  author's  philosophical  and  politico-social  views.  The  author  does 
this  by  continually  bringing  the  socialistic  and  communistic  theories  of 
antiquity  and  modem  times  into  juxtaposition,  and  comparing  them. 

The  first  chapter,  in  which  he  criticises  the  theories  and  traditions 
of  the  original  communism  of  the  older  Greek  States,  is  very  interest- 
ing. All  the  information  from  the  old  writers,  as  well  as  the  opinions 
of  modem  investigators,  relative  thereto,  are  made  to  pass  in  review 
before  him;  and  he  arrives  at  the  conclusion  that  the  supposed  primi- 
tive communism  in  no  case  proves  itself  to  be  historically  worthy  of 
credence.  In  fact,  the  hypotheses  of  primitive  communism  are 
"phenomena  of  the  human  mind,  which  are  accustomed  to  manifest 
themselves  spontaneously  as  the  logical  consequence  of  certain  human 
experiences,  stimulating  to  the  formation  of  new  ideas.     In  all  times 

[606] 


Geschichte  des  Antiken  Kommunismus.        147 

of  agitation,  in  which  the  existing  social  and  political  order  no  longer 
meets  legitimate  needs  and  desires,  and  therefore  begins  to  go  to 
pieces,  we  are  met  by  this  reaching  out  from  the  disintegration  going 
on  in  the  life  of  the  present,  into  the  world  of  the  ideal"  In  this 
respect,  however,  the  fourth  century  before  Christ  in  Greece  was  very- 
similar  to  the  present  age.  Then,  as  now,  communistic  and  socialistic 
theories  sprang  up  as  the  result  of  the  excessive  development  of  the 
capitalistic  organization  of  society;  and  then  as  now  there  was  a  ten- 
dency, in  order  to  claim  for  these  an  historic  authority,  to  set  up 
hypotheses,  according  to  which  under  primitive  conditions  communism 
and  socialism  were  declared  to  be  the  rule.  Sober  and  objective  in- 
vestigation, however,  does  not  confirm  these  hj^wtheses. 

In  the  second  chapter  the  author  takes  up  the  individualistic  disin- 
tegration of  society  and  the  reaction  against  this  disintegration  in 
political  and  social  philosophic  theory.  In  Greece  during  the  fourth 
and  third  centuries  the  unfortunate  opposition  between  capitalism  and 
pauperism  appeared  in  the  shape  of  unrestrained  exploitation  and 
grasping  speculation,  and  the  bitterness  and  mutual  restraint  of  tlie 
different  social  classes  which  came  of  envy  and  hate.  While  these  evils 
were  being  defended  in  the  individualistic  philosophy,  there  arose  an 
idealistic  social  philosophy  whose  purpose  was  to  introduce  a  better 
social  order. 

In  the  third  and  fourth  chapters,  the  last  of  this  volimie,  the  author 
next  lays  before  us  ' '  plans  of  organization  for  the  construction  of  a  new 
system  of  State  and  society."  He  particularly  discusses  the  chief  works 
of  Plato,  his  ' '  Republic ' '  and  *'  Laws. ' '  Although  there  already  exists 
a  whole  literature  on  the  subject  of  these  two  works  of  Plato,  the 
author  succeeds  in  putting  them  before  us  in  a  new  light  In  the  first 
place,  he  views  them  in  their  connection  with  the  existing  economic 
conditions  of  Plato's  time,  to  which  they  stand  as  a  contrasted  picture; 
and  in  the  second  place,  he  puts  the  demands  of  Plato's  time  parallel 
with  the  socialistic  and  communistic  demands  of  our  time.  This  jux- 
taposition is  particularly  instructive,  for  it  shows  us  how  socialistic  and 
communistic  theories  and  agitations  are  nothing  more  than  a  kind 
of  social  and  psycho-social  reflex -action  which  is  produced  in  all  times 
and  places  by  the  excessive  abuses  of  capitalism. 

His  contrast  of  the  two  works  of  Plato  is  also  interesting.  One  of 
them,  the  "Republic,"  points  to  the  impetuous  progressivcness  of 
Plato's  spirit,  when  the  still  immatured  philosopher  failed  to  take  into 
account  the  social  necessities  which  control  the  life  of  men;  while  in  his 
"Laws"  he  is  careful  to  regard  these  necessities.  It  is  the  eternal 
contrast  of  youthful  impetuosity  with  the  maturer  judgment  of  more 
advanced  years  which  manifests  itself  in  these  two  works. 

[607] 


148  Annals  of  the  American  Academy. 

In  conclusion,  the  author  discusses  briefly  the  "social  universal 
state  of  Zeno,  the  founder  of  stoicism,"  in  which  "the  Utopian  element 
in  socialism,  its  irrepressible  tendency  to  lose  itself  in  boundless  per- 
spectives, has  found^the  purest  expression  imaginable." 

It  is  with  great  interest  that  the  scholarly  world  will  look  forward  to 
the  continuation  of  this  historical  and  politico-social  work. 

LUDWIG   GUMPIvOWICZ. 
[Translated  by  Ellen  C.  Semple.J 


History  of  Taxation  in  Vermont.    By  Frederick  A.  Wood,  Ph.  D. 

Columbia  College  Studies  in  History,  Economics  and  Public  Law, 

Vol.  IV,  No.  3.     Pp.  128.      Price,  75  cents.     New  York :  Columbia 

College,  1894. 

Students  of  public  finance  have  reason  to  be  pleased  with  every  such 
addition  as  this  to  our  scanty  literature  on  the  subject.  The  work  be- 
fore us  is  scholarly  and,  as  far  as  it  goes,  thorough  and  exact  It 
seems  a  little  unfortunate  that  it  should  have  been  limited  to  the  sub- 
ject of  taxation.  The  work  could  easily  have  been  extended  to 
cover  the  entire  history  of  public  finance  in  that  State,  and  would  then 
have  covered  topics  of  far  more  importance  than  that  of  taxation. 
The  history  of  State  and  local  expenditure  in  Vermont  would  have 
proved  most  interesting.  In  the  matter  of  collecting  revenue  there  is 
little  that  is  original  or  peculiar  in  the  history  of  this  commonwealth. 
But  in  the  matter  of  expenditure  there  is  much  such.  In  the  first 
place,  the  administration,  compared  with  that  of  other  States,  has  been 
unusually  honest.  This  is  due  in  part  to  the  Puritan  origin  of  the 
people  and  their  habits  of  economy  and  thrift,  and  even  more  to  the 
fact  that  temptation  was  less  in  as  much  as  the  sums  handled  were 
smaller.  In  the  second  place,  the  Legislature  stands  very  close  to  the 
people,  for  although  Vermont  has  only  350,000  inhabitants,  the  lower 
House  has  nearly  five  hundred  representatives.  Thus  the  history  of 
State,  as  well  as  local,  expenditure  in  Vermont  would  be  the  best  ex- 
ample we  could  find  in  the  United  States  of  an  honest  attempt  to  get 
as  much  as  possible  for  the  outlay  along  the  few  lines  that  appeal  to 
the  people  as  a  whole  as  wise  and  necessary. 

The  central  feature  of  taxation  in  Vermont  is  the  "Grand  List." 
This  originated  in  the  attempt  to  extend  the  principle  of  the  poll-tax 
(namely,  uniformity  per  unit),  to  other  units,  as  property,  and  in  cer- 
tain cases  income.  Thus  the  "list"  at  first  contained  polls  rated 
uniformly  at  £(i ;  the  different  kinds  of  farm  stock,  also  rated  uni- 
formly, as,  for  example,  a  four-year-old  steer  at  £^ ;  money  or  bills 

[608] 


Notes  on  Economics.  149 

due  rated  in  the  same  way  as,  for  example,  £(>  for  every  ^100,  and, 
lastly,  improved  land  at  the  uniform  rate  of  \os  per  acre.  While 
lawyers,  merchants  and  artificers  were  also  rated  in  proportion  to  their 
gains.  The  prevalent  theory  justifying  taxation  at  that  time  was  that 
of  protection  furnished  by  the  government.  In  accord  with  this 
theory  the  "Grand  List"  gradually  developed  into  the  general 
property  tax ;  so  that  after  18 19  real  estate  and  after  1842  all  other 
property  was  taxed  according  to  its  market  value,  instead  of  being 
listed  at  uniform  rates.  The  thrifty,  saving  habits  of  the  people  turned 
all  income  into  property  so  soon  that  the  income  element  was  in  time 
regarded  as  superfluous  and  abandoned  in  1876. 

Vermont  found  the  same  difficulty  that  appears  everywhere  in  ad- 
ministering the  personal  property  tax.  In  1S80  the  method  of  pro- 
cedure was  sharpened.  Sworn  declarations  may  be  demanded,  the 
banks  are  required  to  report  to  the  assessors,  etc.  But  this  is  still 
not  all  that  could  be  desired.  In  order  to  remedy  in  some  measure 
inequalities  in  valuation  between  the  diflferent  towns,  the  corporation 
tax  was  introduced  as  a  source  of  State  revenue.  But  the  State  still 
depends  on  the  "  Grand  List  '*  for  the  elastic  element  in  its  revenues. 

Local  taxation,  which  in  general  follows  the  lines  of  State  taxation, 
is  only  briefly  treated  in  the  monograph  before  us. 

Cari.  C  Pi^bhn. 


NOTBS  ON  ECONOMICS. 

The  surest  indication  that  political  economists  at  length  begin  to  fe^ 
their  feet  resting  upon  the  solid  ground  of  ascertained  truth  is  found 
in  the  retrospective  turn  which  the  literature  of  the  science  has  lately 
taken.  In  studying  the  works  of  the  classical  economists  the  aim  is 
not  now,  as  it  was  formerly,  to  judge  their  theories  by  some  absolute 
standard  of  our  own,  but  rather  to  discover  how  those  theories  were 
connected  with  the  past,  and  in  how  far  they  served  to  explain  con- 
temporary economic  phenomena. 

As  the  editor  of  tlie  letters  exchanged  by  Ricardo  and  Mai  thus, 
and  the  author  of  tlie  book,  "  Malthus  and  His  Work,"  Mr.  James 
Bonar  has  already  made  substantial  contributions  to  this  new  form  of 
critical  literature.  Quite  recently  he  has  earned  the  gratitude  of  all 
reverent  students  of  the  "  father  "  of  political  economy  by  editing  a 
catalogue  *  of  the  library  of  Adam  Smith. 

*  A  Catalofrue  of  the  Library  of  Adam  5'»»»7A.  author  of  the  "  Moral  Sentiment*" 
and  the  "  Wealth  of  Nations,"  edited  with  an  introduction  by  Jamks  Bonak.  Pp. 
XXX  and  ia6.    Price,  $2.25.    I«ondon  and  New  York :  MacmUlan  &  Co.    1894. 

[609] 


I50  AnnaIvS  of  the  American  Academy. 

The  statement  has  frequently  been  made  that  there  is  no  new  idea 
to  be  found  in  the  **  Wealth  of  Nations. "  By  the  aid  of  this  catalogue 
students  are  now  in  a  position  to  determine  from  what  sources  Adam 
Smith  actually  did  draw  his  ideas,  or  at  least  such  of  them  as  came 
from  books  in  his  own  possession.  The  "  Catalogue  "  is  very  carefully 
compiled,  and  contains,  besides  a  list  of  the  works  in  the  library, 
much  other  information  of  interest  and  value. 

It  appears  from  the  introduction  that  upon  Adam  Smith's  death  his 
library  passed  to  his  cousin,  David  Douglas.  The  latter  died  in  1819, 
dividing  the  library  between  his  two  daughters,  Mrs.  Cunningham  and 
Mrs.  Bannerman.  The  half  going  to  Mrs.  Bannerman,  numbering 
1400  volumes,  has  been  preserved  intact,  though  in  two  diflferent 
places,  while  what  remains  of  Mrs.  Cunningham's  half  is  now  scat- 
tered through  half  a  dozen  and  more  private  and  public  libraries. 
The  library  is  estimated  to  have  contained  at  the  time  of  Adam  Smith's 
death  3000  volumes.  The  present  catalogue  includes  about  1000 
entries  and  refers  to  2200  volumes,  or  something  over  two-thirds  of  the 
whole  collection.  Besides  the  introduction,  the  book  includes  a  repro- 
duction in  lithograph  of  an  interesting  letter  from  Adam  Smith  to  his 
publisher,  Strahan,  a  list  of  Adam  Smith's  works,  a  copy  of  his  last 
will  and  testament,  a  plan  of  the  house  in  Kirkcaldy,  in  which  he 
lived  while  writing  the  "Wealth  of  Nations,"  and  some  interesting 
notes  upon  portraits  of  Adam  Smith. 

About  one-fifth  of  the  books  catalogued  are  on  literature  and  art, 
one-fiflh  consists  of  the  works  of  classical  authors,  one-fifth  treats  of 
law,  politics  and  geography,  one- fifth  is  divided  in  about  equal  por- 
tions between  history  and  political  economy,  and  the  remaining  fiflh 
consists  of  works  on  science,  philosophy  and  biography.  More  than 
one-third  of  the  books  are  in  English,  a  little  less  than  one-third  are 
in  French,  and  the  balance  are  in  Latin  (one-fourth),  Italian  and 
Greek.  German  is  represented  only  by  presentation  copies  of  transla- 
tions of  Adam  Smith's  own  works. 

As  a  man  of  affairs  is  known  by  his  friends,  so  a  student  is  known 
by  his  books.  This  catalogue  bears  eloquent  testimony  to  the  broad 
sympathies  and  well-balanced  mind  of  the  owner  of  the  books  which 
it  enumerates.  Examining  more  in  detail  the  220  volumes  treating  of 
political  economy,  we  find  that  the  library  contained  most  of  the  im- 
portant works  that  had  appeared  before  1776.  Mun,  Child,  Law, 
D'avenant,  Hobbes,  Locke,  Berkeley,  Stewart,  Hume,  Quesnay  and 
Dupont  are  represented  by  their  best  known  works.  The  writings  of 
Petty  and  North  do  not  seem  to  have  been  in  the  library.  Likewise 
Turgot's  ^^Reflexions''  does  not  appear  in  the  catalogue,  confirming, 
as  far  as  it  goes,  Cannan's  opinion  that  Adam  Smith  was  unfamiliar 

[610] 


NoTKS  ON  Economics.  151 

with  this  most  important  fore-runner  of  his  own, ' '  Wealth  of  Nations.** 
In  addition  to  the  mere  list  of  titles,  the  catalogue  contains  interest- 
ing literary  references,  throwing  light  upon  the  use  Adam  Smith  made 
of  his  library  and  enhancing  greatly  its  own  value.  Altogether  the 
work  of  editing  is  done  with  the  painstaking  care  that  was  to  be 
expectetl  from  Mr.  Bonar,  and  the  publishers  have  exhausted  the 
resources  of  the  book-makers'  art  to  make  the  catalogue  a  valuable 
addition  to  the  library  of  every  political  economist. 

Tliat  America  does  not  lag  behind  in  this  revival  of  a  critical  study  of 
the  classical  English  economists  is  shown  by  the  fact  that  the  Macmil- 
lans  are  about  to  publish  a  series  of  "Economic  Classics,"  to  be  edited 
by  Professor  W.  J.  Ashley,  of  Harvard  University.  This  series  will 
include  works  of  three  classes  :  (i)  Select  chapters  from  the  "  classical  ** 
economists,  beginning  with  Adam  Smith,  Malthus  and  Ricardo. 
These  are  designed  especially  for  use  in  the  class-room,  and  will  be 
careful  reproductions  of  the  most  important  parts  of  such  works  as  the 
"Wealth  of  Nations,"  the  "Essay  on  Population,"  etc.,  which  every 
student  should  know  at  first  hand.  (2)  Reprints  of  older  English 
works,  such  as  those  of  Mun,  Child  and  Petty.  (3)  Translations  of 
important  foreign  treatises.  Among  the  older  writers  under  consid- 
eration  for  this  class  are  Roscher,  von  Thiinen  and  Hermann.  To  these 
will  be  added  a  few  translations  from  more  recent  authors  of  eminence. 

The  volumes  of  this  series  will  be  printed  in  i2mo,  with  neat, 
flexible,  dark -blue  covers,  and  will  be  issued  at  the  uniform  price  of 
seventy-five  cents.  The  number  of  pages  will  vary  from  one  hundred 
to  two  hundred  and  forty.  The  appearance  of  those  volumes,  contain- 
ing the  selections  from  Adam  Smith,  Malthus  and  Ricardo,  is  prom- 
ised in  the  immediate  future.  There  is  no  student  who  has  used  ••/« 
petite  bibliotheque  iconomique  "  of  Guillaumin  who  will  not  hail  with 
pleasure  the  appearance  of  a  similar  English  series.  One  may  well  ask 
why  such  an  enterprise  had  not  been  undertaken  long  ago. 

Another  indication  that  political  economy  feels  itself  upon  firmer 
ground  than  at  any  time  since  flaws  began  to  be  discovered  in  John 
Stuart  Mill's  system,  is  found  in  the  increasing  demand  for  elementary 
textbooks  on  the  subject.  Various  more  or  less  successful  attempts 
have  been  made  to  satisfy  this  demand,  either  through  abridgments 
of  larger  works  or  through  independent  treatises.  One  of  the  latest  is 
Professor  A.  B.  Woodford's  "Economic  Primer,"  ♦  of  which  the  ad- 
vanced sheets  have  just  been  received. 

•  77k*  Economic  Primer,  a  Summary  of  th«  Philosophy  of  Lower  Prices,  Higher 
Wages  and  Shorter  Hours  (elsewhere  styled.  "  Gunton'a  Economic  PhiIo«>phy  ">. 
By  Arthur  Burnham  Woodford,  Ph.  D.,  Professor  of  Economics  and  Politics 
at  the  School  of  Social  Economics.    Pp.  166.    New  York. 

[6.1] 


152  AnnaIvS  of  the  American  Academy. 

The  main  body  of  this  work  is  divided  into  seven  chapters,  of  which 
the  first  three  treat  of  the  "  Principles  of  Production,"  and  the  last 
four  of  the  "  Principles  of  Distribution. "  These  are  followed  by  chap- 
ters on  "  Questions  of  Economic  Policy,"  in  which  protection,  trades- 
unions,  taxation,  trusts,  etc.,  are  to  be  discussed,  and  the  work  will 
conclude  with  a  "History  of  Economic  Theory."  These  last  two 
parts  have  not  yet  appeared.  The  most  characteristic  feature  about 
the  "Economic  Primer"  is  the  disproportionately  large  space  given 
to  the  subject  of  distribution,  and  in  this  it  no  doubt  accords  with  the 
popular  demand.  Wages  are  treated  as  the  costs  of  production,  while 
rent,  profit  and  interest  are  regarded  as  parts  of  tlie  social  surplus. 
Capital  is  not  the  result  of  abstinence,  but  the  result  of  production 
and  the  decision  on  the  part  of  the  producer  that  his  economic  advan- 
tage is  to  employ  his  product  in  further  production  rather  than  to  con- 
sume it.  Economic  progress  is  in  the  direction  of  lower  prices,  higher 
wages  and  shorter  hours  of  work ;  i.  e. ,  of  increased  per  capita  con- 
sumption and  decreased  per  capita  costs.  In  the  "  Economic  Primer  " 
these  fundamental  points  in  Gunton's  system  are  explained  with  great 
clearness,  and  in  language  whose  simplicity  will  commend  the  work 
to  teachers.  It  may  be  doubted,  however,  whether  the  "Primer" 
fulfills  in  other  respects  the  demands  which  the  general  student  will 
make  of  an  elementary  textbook.  Instead  of  confining  itself  to  the 
sure  ground  of  political  economy,  it  takes  much  for  granted  that  an 
elementary  treatise  ought  to  explain  in  some  detail,  and  plunges  at 
once  into  a  discussion,  easily  followed,  to  be  sure,  of  problems  which 
must  still  be  considered  as  lying  within  the  disputed  border  territory 
of  the  science.  But  this  is  not  a  criticism  of  "A  Summary  of  Gun- 
ton's  Economic  Philosophy,"  but  rather  a  regret  that  this  "Eco- 
nomic Primer,"  with  all  its  merits,  is  not  the  "Elementary  Treatise 
on  Economics"  for  which  we  are  all  impatiently  waiting. 

Much  more  satisfactory  is  Cannan's  "  Elementary  Political  Econ- 
omy," *  which  appeared  some  years  ago  in  England,  but  has  attracted 
very  little  notice  in  this  countr5\  This  is  really  an  elementary  treatise, 
and  has  the  additional  merit  of  avoiding,  for  the  most  part,  controver- 
sial questions.  The  book  is  divided  into  three  parts,  as  follows  :  (i) 
general  material  welfare  ;  (2)  individual  welfare  under  private  prop- 
erty ;  and  (3)  the  promotion  of  public  welfare  by  the  State.  In  the  first 
part  is  discussed  in  a  very  general  way  the  relation  between  industry 
and  welfare,  with  a  glance  at  the  part  played  by  property  and  popula- 
tion in  determining  the  productiveness  of  labor.  In  the  second  part 
the  author  considers  exchange,  credit,  value  and  the  problem   of 

^  Elementary  Political  Economy.  By  EowiK  Cannan,  M.  A.  Pp.  152.  Price, 
U.    I^ondon:    Henry  Frowde,   1888. 

[612] 


Notes  on  Economics.  153 

distribution  in  a  suggestive  and  original  manner,  and,  finally,  the  third 
part  discusses  the  role  played  by  the  State  in  industry,  protection, 
State  enterprise,  taxation,  etc.  Few  American  readers  will  be  satisfied 
with  Mr.  Cannan's  book,  owing  to  its  intensely  English  bias,  but 
nevertheless  it  is  probably  the  best  elementary  presentation  of  the  sub- 
ject that  has  yet  been  attempted. 

Henry  R.  Ssager. 

University  of  Pennsylvania. 


NOTES. 


Srx  i,ECTURES,  by  President  Andrews,  delivered  before  the  students 
of  Hartford  Theological  Seminary  are  reissued  for  the  general  public* 
They  deal  with  economic  problems,  but  in  their  relation  to  ethics. 
In  this  borderland  where  sentimentality  usually  obscures  all  true  rela- 
tions President  Andrews  is  easily  first  among  the  writers  of  our  day. 
To  a  remarkable  clearness  of  logical  analysis  he  joins  a  lucid  and 
forceful  literary  style  which  doubles  the  effectiveness  of  his  thought. 

He  boldly  asserts  that  the  existing  automatic  (rather  than  natural) 
industrial  order  is  not  necessarily  good  or  bad.  Its  moral  character 
comes  from  conscious  acquiescence  in  or  interference  with  it.  This 
act  men  should  decide  upon  by  a  study  of  results  with  no  prepossessions 
about  harmony  of  interests  or  otherwise.  Such  a  study  he  proceeds 
briefly  to  make.  The  present  competitive  order  has  had  at  least  a 
relative  justification,  having  furnished  us  the  incentive  for  an  unprece- 
dented progress.  It  is  not  clear  that  this  incentive  to  invention  and 
energy  could  have  been  supplied  otherwise  than  by  competition. 

But  think  of  it  as  we  will,  the  competitive  order  is  passing  away. 
The  writer  believes  that  there  is  no  industry  in  which  competition  is 
not  destined  to  be  replaced  by  monopoly,  though  competition  in  some 
lines  will  long  continue.  With  remarkable  force  he  argues  that  the 
monopoly  regime  lacks  the  one  redeeming  characteristic  of  competi- 
tion, its  progressiveness.  The  moral  aspects  of  monopoly  are  dis- 
passionately discussed,  and  it  is  impossible  to  resist  the  author's 
conclusion  that  the  prospect  is  forbidding.  The  following  chapters  on 
Economic  Evils  as  aided  by  Legislation,  Economic  Evils  Due  to  Social 
Conditions  and  Socialism  leave  nothing,  but  elaboration  to  be  desired. 
Socialism  is  declared  to  be  impracticable  and  government  regulation 
difficult,  and  both  for  the  reason  that  the  moral  development  of  men 
ia  as  yet  incapable  of  furnishing  the  necessary  incentives  and  guar- 
antees. And  yet  that  regulation  is  necessary  is  now  beyond  question. 
Competition  was  a  crude,  but  real  regulator  and  its  disappearance 
leaves  the  many  at  the  mercy  of  the  few.  An  indefinitely  better 
regulation  is  possible  if  there  is  sufficient  moral  cohesion  among  men. 

*  fVealth  and  Moral  Law.  By  E.  Benjamin  Andrsws.  Pp,  135.  Hartford 
Conn.:  Hartford  Seminary  Press,  1894. 

[614] 


Notes. 


155 


Is  there  this  cohesion,  this  character?  The  awful  possibilities  sug- 
gested by  this  question  are  considered  in  the  chapter  on  Weal  and 
Character. 

It  is  doubtful  whether  the  students  of  a  theological  seminary  often 
listen  to  so  valuable  a  course.  The  book  is  solid,  thoughtful,  sympa- 
thetic, combining  the  prudence  and  progress  of  our  day  at  their 
best. 


Professor  Robert  Fi,int  published  some  twenty  years  ago  his 
well-known  "History  of  the  Philosophy  of  History."  This  com- 
prised in  a  stout  octavo  volume  an  account  of  the  development  of  his- 
torical speculation  in  France  and  Germany,  the  author  promising  a 
succeeding  volume  upon  England  and  Italy.  Dissatisfied  with  his 
original  presentation  the  writer  has  recently  issued  a  radically  revisetl 
edition  *  of  that  portion  of  his  work  which  related  to  France  and  now 
intends  to  devote  separate  volumes  to  German,  Italian  and  English 
speculation,  respectively.  He  justly  maintains  that  in  few,  if  any, 
spheres  of  activity  are  national  tendencies  and  characteristics  more 
clearly  discernible  than  in  that  of  historical  thought;  he  hopes  that 
this  and  the  succeeding  volumes  will  be  found  to  be  to  some  extent  a 
contribution  to  the  history  of  France,  Germany,  Italy  and  England  as 
well  as  to  the  philosophy  of  history.  A  comparison  with  the  first 
edition  shows  a  great  extension  of  the  scope  of  the  work,  since  the  por- 
tion devoted  to  France  has  been  fully  doubled  in  size.  The  introduc- 
tion has  been  increased  from  sixty-two  to  172  pages.  The  materials 
have  been  differently  classified,  as  a  natural  outcome  of  more  careful 
study.  We  no  longer  find  the  names  of  individual  thinkers  at  the 
head  of  each  chapter,  but  a  series  of  headings  which  lends  itself  to  a 
philosophical  rather  than  a  personal  arrangement  The  nineteenth 
century  occupies  half  of  the  volume.  "The  Ultramontanist  and  Lib- 
eral Catholic  Schools,"  "The  Socialistic  Schools"  (Buchez  and  L. 
Blanc),  " The  Spiritualistic  Movement"  (Cousin,  Guizot,  Dc  Tocquc- 
ville),  "The  Democratic  School"  (Michelet,  Quinet),  "The  Historical 
Philosophy  of  Naturalism  and  Positivism"  (Comte,  R6nan,  Taine) — 
these  headings  illustrate  the  author's  general  order  and  method  of 
treatment. 

Professor  Flint's  work  is  extremely  helpful  to  students  of  history 
and  interesting  to  the  general  reader,  and  it  is  to  be  hoped  that  the 
publication  of  the  rest  of  the  work  will  not  be  delayed. 

♦  History  of  the  Philosophy  of  History ^  Historical  Philosophy  in  France  and  French 
Belgium  and  Switzerland.  By  Robert  PLiirr.  Pp  706.  Price,  $4.00.  New  York: 
Charles  Scribner's  Sonn,  1894. 

C615] 


156  Annals  of  thk  American  Academy. 

No  SiNGi^E  MAN  during  the  first  phase  of  the  French  Revolution  ii 
so  worthy  of  study  as  Mirabeau.  His  life  before  1789  while  romantic 
in  the  extreme  serves  as  an  excellent  illustration  of  certain  of  the 
most  characteristic  aspects  of  the  Ancien  Regime.  Professor  v.  Hoist 
has  therefore  done  the  public  a  great  service  in  presenting,  in  hia 
vivid  yet  scholarly  lectures,  the  chief  features  of  Mirabeau's  career.* 
Few  have  the  time  to  read  Lomenie's  five  volumes  or  even  the  shorter 
biography  of  Stem.  Professor  v.  Hoist  gives  numerous  examples  of 
Mirabeau's  wonderful  political  insight  by  extracts  from  his  well-known 
correspondence  with  La  Marck,  and  more  than  justifies  the  attempt  to 
present  the  leading  tendencies  of  the  revolution  by  reproducing  the 
aims  and  criticisms  of  the  greatest  statesmen  of  the  period.  In  no 
other  way  perhaps  could  so  much  have  been  crowded  into  twelve 
lectures.  The  author's  apology  for  certain  peculiarities  of  style  as 
admissible  in  speaking  will  be  readily  accepted.  We  can  only  wonder 
at  the  masterly  command  of  English  shown  in  many  an  eloquent 
passage.  A  large  number  of  notes  have  been  added  in  printing  the 
lectures,  which  greatly  enhance  the  value  of  the  volumes. 


David  Kay's  "Education  and  Educators  "  f  is  a  contribution  to  the 
general  literature  of  education  and  discusses  the  following  topics: 
The  Several  Meanings  of  Education;  The  Nature  and  Importance  of 
Education;  Hereditary  Effects  of  Education;  Education  and  the 
State;  Education  and  Religion;  The  Different  Kinds  of  Educators. 
The  author  presents  an  easy  and  interesting  running  discussion 
each  of  these  topics.  But  the  most  valuable  and  characteristic  feati 
of  the  work  is  the  rich  collection  of  opinions,  on  the  above  topics,  oi 
almost  all  the  celebrated  thinkers  from  Aristotle  to  Dr.  W.  T.  Harris,! 
If  any  one  wishes  to  be  posted  on  these  topics  he  should  consult  thi 
most  extensive  collection  of  educational  opinions  published  in 
English  language.     The  book  is  blessed  by  a  twenty  page  index. 


Professors  Lavisse  and  Rambaud  have  issued  the  third  volume 
of  their  general  history, J  covering  the  period  1270-1492.     Probably 

•  TTte  French  Revolution  tested  by  Mirabeau's  Career.  Twelve  lectures  on  the 
History  of  the  French  Revolution,  delivered  at  the  I^well  Institute,  Boston,  Mass. 
By  H.  V.  HoLST.  2  vols.,  pp.  258  and  264.  Price,  $3.50.  Chicago :  Callaghan  & 
Co.,  1894. 

t  Education  and  Educators.  By  David  Kav,  F.  R.  G.  S.  Pp.  490.  Price  |i.50» 
Syracuxe,  N.  Y.:  C.  W.  Bardeen,  1893. 

J  Histoire  Glnkrale  du  IVe  Sihcle  h  nos  jours.  Ouvrage  public  sous  la  direction 
dc  MM.  Ernest  Lavisse  et  Alfrfd  Rambaud.  Tome  III.  Pp.984.  Formation 
d£ grands  Etats,  1270-1493.    Paris  :  Colin  et  Cie. 


[6i6] 


Notes. 


157 


:ione  of  the  volumes  will  offer  more  difficulty  than  this,  dealing  as  it 
.s  with  a  neglected  transitionary  epoch  which  has  been  looked  upon 
.    too  modem  for  the  student  of  mediaeval,  and,  most  unwisely,  as  too 
remote  for  those  dealing  with  modem  history.     France  occupies  a 
ihird  of  the  volume,  a  long  chapter  being  devoted  to  French  civiliza- 
tion, prepared  by  such  distinguished  writers  as  Petit  de  Julleville, 
i:.    Miintz  and    IvCvasseur.     A  very  weak  chapter  follows  upon  the 
church  and  the  Papacy.     The  writer,  M.  Em.  Ch^non,  seems  to  have 
conception  of  the  importance  of  his  task,  giving  us  the  most 
niraonplace  description  of  tliis  great  crisis  in  the  history  of  the 
mediaeval  church.     The  German  affairs  are  briefly  dealt  with  by  G. 
Blondel.     Professor  Rambaud  gives  us  a  chapter  of  seventy-six  pages 
on  the  end  of  the  Eastern  Empire,  while  Italy  and  the  Renaissance  is 
treated  within  a  compass  of  less  than  ninety  pages.    The  bibliog^phies 
appear  to  be  carefully  compiled,  and  form  a  most  useful  feature  of  the 
work. 


Senator  Lodge  is  always  sure  of  a  reading  public,  because  his 
writings,  whatever  their  faults,  never  lack  vigor  and  originality.  Two 
of  the  eight  essays  in  the  volume  of  *'  Historical  and  Political 
Essays  "*  appear  in  print  for  the  first  time.  The  essay  on  William  II. 
Seward  is  a  corrective  of  the  too  common  impression,  based  upon  a 
single  circumstance  in  1861,  that  the  bold  foreign  policy  of  Lincoln's 
Secretary  of  State  ever  degenerated  into  rashness.  The  chapter  on 
Gouverneur  Morris,  together  with  Roosevelt's  admirable  biography  in 
the  American  Statesman  series,  gives  the  only  satisfactory'  character 
sketch  in  existence  of  a  man  whose  services  to  the  infant  republic  have 
never,  until  recently,  been  either  known  or  appreciated.  The  best  of 
the  historical  essays  is  a  successful  effort  to  make  James  Madison  less 
lonely  in  our  political  history. 

The  political  essays  of  the  volimie,  if  less  convincing,  are  no  less 
interesting  and  original.  The  chapter  on  the  distribution  of  intel- 
lectual ability  in  the  United  States,  based  on  the  best  of  our  bio- 
graphical cyclopaedias,  will  not  be  accepted  as  a  final  word  by  those 
who  understand  the  conditions  under  which,  in  America,  such 
volumes  are  prepared.  Of  parliamentaiy  obstruction  and  |>arliamen- 
tary  minorities  in  the  United  States,  the  essayist  w^rites,  of  course,  as 
a  partisan  ;  but  after  the  record  of  the  latest  Congress,  few  will  take 
issue  with  him.  The  essay  on  party  allegiance,  first  given  as  an 
address  before  the  Harvard  University  students,  is  the  apologia  pro 
vita  sua  of  a  man  who  stood  by  his  party  when  older  and  more 

*Jiistorical  and  Political  Essays.  By  Henry  Cabot  Lodob.  Pp.  213.  Pric<, 
$1.25.    Bostbn  and  New  York  :  Houghton,  Mifflin  &  Co.,  189a. 

[617] 


158  Annaxs  of  the  American  Academy. 

emineut  men  were  deserting.  Never  before,  perhaps,  has  Senator 
Lodge  let  so  much  of  his  best  self  at  his  best  moments  shine  forth. 
The  Mugwump  reader  of  this  last  chapter  in  the  volume,  and  of 
Theodore  Roosevelt's  recent  article  in  Harper's  Weekly  concerning 
the  essayist,  may  continue  to  question  the  wisdom  of  party  adherence 
through  thick  and  thin. 

In  the  *'  Englishman  at  Home,**  *  the  author  describes,  in  a  popular 
manner,  the  principal  political  and  the  social  institutions  of  England. 
He  keeps  constantly  before  the  reader  the  English  citizen's  relations 
to  these  various  organizations,  his  part  in  them  and  their  influence 
upon  him.  The  first  chapter  he  devotes  to  municipal  government, 
describing  briefly  the  various  local  bodies.  He  gives  a  short  his- 
tory of  their  development  and  explains  their  present  functions.  In 
the  second,  third  and  fourth  chapters  he  treats  in  like  manner  "The 
Poor  Law  and  its  Administration,"  "National  Elementary  Educa- 
tion" and  "The  Administration  of  Justice, "  respectively.  Chapter 
five  gives  an  exceedingly  brief  account  of  * '  Imperial  Taxation  "  as  it 
exists  to-day.  He  wisely  avoids  any  attempt  at  an  historical  treat- 
ment. Chapter  six  deals  with  "  Parliament  and  the  Constituencies. " 
Commencing  with  a  short  historical  account  of  the  extension  of  the 
suffrage,  the  author  follows  this  with  a  very  good  description  of 
•'  Local  Political  Organizations,  Nomination  of  Candidates,  Elections, 
etc. ' '  Under  the  heading,  ' '  Parliament  at  Work, ' '  chapter  seven  gives 
a  description  of  the  organization  of  the  two  Houses,  their  attitude 
toward  each  other  and  their  reception  of  the  speech  from  the  throne. 
He  follows  this  by  an  account  of  the  course  of  legislation  from  the  in- 
troduction of  a  bill  until  it  receives  the  royal  sanction.  These  two 
chapters  on  Parliament  are  the  most  completely  and  satisfactorily 
treated  of  any  in  the  book.  The  author  shows  intimate  acquaintance 
with  this  phase  of  English  life.  In  the  remaining  six  chapters  are 
treated  respectively,  "The  State  Departments,"  "The  Church  of 
England  and  Non-Conformity,"  "The  Military,  Naval  and  Civil 
Services,'*  "  Labor  Legislation,"  "The  Land  and  its  Owners"  and 
"The  Daily  Press."  These  subjects  are  all  treated  concisely  and  dis- 
cuss chiefly  present  conditions.  At  the  end  of  the  volume  are  placed 
fourteen  apf>endices,  giving  in  tabular  form  the  cost  of  local  govern- 
ment and  other  useful  information. 

The  book  adds  nothing  new  to  what  had  been  previously  published. 
The  same  ground  had  been  well  covered  by  "The  English  Citizen  •* 
series  and  also  by  Dr.  Todd's  excellent  work. 

♦  The  Englishman  at  Home,  His  Responsibilities  and  Privileges.  By  Kdwaro 
PORaiTT.    Pp.  355.    Price,  $1.75.     New  York  :  T.  Y.  Crowell  &  Co. 

[618] 


Notes. 


159 


Students  of  American  political  institutions  will  find  an  interest- 
ing bit  of  history  in  Mr.  Shambaugh's  account  of  the  **  Claim  Asso- 
ciation of  Johnson  County,  Iowa."*    The  settlers  of  this  county 
iviug  entered  upon  their  claims  before  the  land  was  oflfered  for  sale 
.re  for  several  years  without  the  pale  of  civil  institutions.     They  or- 
mized  a  '*  Claim  Association ' *  which  lasted  from  1839  till  1843,  when 
.lie  lands  were  opened  for  sale.     The  Claim  Association  was,  thus, 
a  temporary  government  established  by  frontiersmen  to  meet  their 
peculiar  needs.     The  student  of  sociology  as  well  as  political  science 
may  well  consult  Mr.  Shambaugh's  reprint  of  the  "  Constitution  and 
Records  "  of  this  association  of  Iowa's  early  settlers. 


Professor  Goi^dwin  Smith  has  revised  and  enlarged  his  "Essays 
on  Questions  of  the  Day."  f  There  are  no  changes  of  opinion  to  be 
found.  The  essays  have  been  brought  up  to  date ;  new  illustrations 
and  in  several  instances  new  arguments  based  on  late  events  have  been 
added.  The  preface  is  interesting  for  the  attention  given  to  our  recent 
industrial  disturbances  such  as  Coxeyism  and  the  Pullman  strike.  He 
commends  the  stand  taken  by  President  Cleveland.  One  sentiment 
in  his  preface  deserves  quotation.  "  We  must  not  forget  the  origin  of 
these  troubles.  Dishonesty  in  the  high  places  of  commerce,  illicit 
speculation,  watering  of  stocks,  want  of  integrity  in  the  management 
of  railways,  the  derangment  of  currency  for  a  political  purpose  were 
sources  of  the  financial  crisis  from  which  industrial  disturbances 
flowed,  and  are  as  much  to  blame  as  the  malignant  ambition  of  the 
labor  demagogues  who  gave  the  word  for  the  strike."  The  opening 
essay  of  the  first  edition  "Industrial  and  Social  Revolution"  has 
been  divided.  The  part  treating  Bellamy's  book  has  been  given  the 
title  "  Utopian  Visions."  "  Woman  Suffrage  "  has  been  strengthened. 
The  actual  enlargement  by  count  of  this  edition  over  the  first  is  thirty- 
two  pages  of  additional  matter. 


A  second  revised  edition  of  Villari's  "  Niccold  Afachiavelli  ei 
suoi  Tempi ''X  is  being  published.     The  first  volume,  embracing  that 

*  Constitution  and  Records  0/ the  Claim  Association  0/ Johnson  County,  Iowa. 
With  Introduction  and  Notes.  By  Benjamin  K.  Shambaugh.  A.  M.  Pp.  196. 
Published  by  the  State  Historical  Society  of  Iowa,  Iowa  City.  Iowa,  1894. 

t  Essays  on  Questions  of  the  Day,  Political  and  Social.  By  GoLDwm  SMrra,  D. 
C.  L.  Second  edition,  revised.  Pp.  xv,  384.  Price,  |a.as.  New  York  and  London: 
Mactnillan  &  Co.,  1894. 

\  Milano :  Hoepli. 

[619] 


i6o  Annai^  of  the  American  Academy. 

portion  of  the  work  contained  in  the  first  two  volumes  of  the  English 
translation  of  the  first  edition,  has  appeared.  The  second  and  third 
volumes  are  in  press.  No  essential  changes  appear  to  have  been  made 
beyond  corrections  and  the  addition  of  two  of  Machiavelli's  letters  to 
those  in  the  appendix  of  docimients. 


In  his  study  of  "The  Inheritance  Tax,"  *  Dr.  Max  West  gives  a 
summary  statement  of  all  the  inheritance  taxes  that  have  been  levied 
between  the  imposition  by  the  Emperor  Augustus  in  the  year  6,  A.  D., 
of  what  is  supposed  to  have  been  the  first  one,  and  the  California 
inheritance  tax  law  of  1893.  He  shows  that  nearly  every  European 
country  has  this  form  of  taxation,  the  differences  between  the  laws  of 
various  countries  being  mainly  in  rates.  Twelve  States  in  this  country 
levy  such  a  tax,  the  rate  varjdng  from  two  and  a  half  to  five  per  cent. 
.  In  the  latter  part  of  the  book  the  various  theories  of  taxation  are 
very  well  treated,  the  legal  theory,  the  economic  theory,  etc.,  and 
the  author  shows  how  these  various  theories  of  taxation  are  all  well 
met  by  the  inheritance  tax. 

One  excellent  feature  of  the  book  is  the  extensive  bibliography. 
This  could  have  been  very  much  improved  by  a  discriminating  between 
the  essential  and  non-essential  works  and  giving  a  brief  statement 
of  what  each  of  the  chief  works  on  the  subject  contained.  A  bibli- 
ography made  in  this  manner  is  of  great  value  to  the  beginner  in  the 
study  of  public  finance. 


"The  PoiviTiCAiy  Economy  of  Naturai,  LAw"t  is  an  amusing 
and  curious  instance  of  the  outcropping  of  an  old  idea.  An  idea  that 
the  student  of  the  history  of  economic  thought  would  have  supposed 
long  since  dead.  Natural  law,  the  author  thinks,  rules  the  universe, 
in  accord  with  the  immutable  decrees  of  God.  Man's  will  is  free 
only  to  his  own  undoing.  The  book  has  one  redeeming  feature,  an 
air  of  comfortable  optimism.  Mr.  Wood  seeks  to  show  that  the  work- 
ings of  natural  law  in  the  realm  of  economic  life  are  in  the  main 
beneficent.  He  seeks  everywhere  for  proofs  of  this  beneficent  action. 
"All  human  infelicity,  whether  physical,  social,  economic,  moral  or 
spiritual,  comes  from  a  disregard  or  violation  of  the  established  order." 

•  TTu  Inheritance  Tax.  By  Max  West,  Ph.  D.  Columbian  College  Studies,  vol. 
It,  No.  a.    Pp.  140.    Price,  75  cents.    New  York:  1893. 

^The  PbUtical  Economy  of  Natural  Law.  By  Henry  Wood.  Pp.  305.  Price, 
11.25.    Boston:  l,ee  &  Shepard,  1894. 

[620] 


Notes.  i6i 

•'Political  economy  is  the  outward  expression  of  the  play  of  natural 
forces  of  the  mind, ' '  and  these  forces  of  the  mind  when  not  disturbed 
by  "artificial  forces"  work  of  necessity  in  accord  with  beneficent 
natural  law. 


Thk  Department  oe  History  of  the  University  of  Pennsylvania 
has  begun  the  publication  of  "Translations  and  Reprints  from  the 
Original  Sources  of  European  History."  The  editors  of  the  rcprinU 
have  undertaken  the  work  because  they  feel  the  need  of  making  a 
larger  use  of  the  primary  soiu-ces  of  history  than  has  thus  far  been 
customary.  They  hope  to  improve  the  methods  of  teaching  history 
by  enabling  students  to  "  use  the  materials  of  history  in  their  original 
form."  This  will  enable  every  student  of  histor>'  to  "learn  to  work 
for  himself,"  and  by  methods  similar  to  those  employed  in  the  study 
of  the  natural  sciences.  Five  of  the  six  numbers  which  constitute 
the  first  series  of  reprints  have  appeared.  They  comprise  :  I.  "  The 
Early  Reformation  in  England.  Wolsey,  Henry  VIH.  and  Sir  Thomas 
More,"  edited  by  Edward  P.  Cheyney  ;  II.  "  Urban  and  the  Crusaders,'* 
by  Dana  Carleton  Munro ;  III.  "  The  Restoration  and  European 
Policy  of  Mettemich,"  by  James  Harvey  Robinson  ;  IV.  "  Letters  of 
the  Crusaders,"  by  Dana  Carleton  Munro,  and  V.  "The  French 
Revolution,  1789-1791,"  by  James  Harvey  Robinson. 

The  pamphlets  are  published  in  an  attractive  and  usable  form  with 
stout  flexible  paper  covers.  Single  numbers,  sixteen  to  twenty-two 
pages  in  length,  sell  for  fifteen  cent's;  double  numbers  of  thirty-two 
pages  for  twenty-five  cents;  special  reductions  being  made  in  the  case 
of  large  orders.  This  brings  the  valuable  publications  within  the  easy 
reach  of  students. 


A  coNTiNUAi,i,Y  INCREASING  number  of  college  trained  men  «ie 
making  a  profession  of  the  administration  of  charities  and  correction», 
especially  in  connection  with  the  work  of  the  charity  organization 
societies.  Several  graduates  of  the  University  of  Wisconsin  have 
recently  entered  upon  such  work,  George  S.  Wilson  as  General  Secre- 
tary at  Toledo,  Henry  S.  Yonker  as  Assistint  Secretary  at  Tcrre 
Haute,  Paul  Tyner  as  General  Secretary  at  Des  Moines,  and  C.  M. 
Hubbard  as  Assistant  Secretary  at  Cincinnati. 


At  the  i,ast  session  of  the  Kansas  Legislature,  Senator  Jame« 
Shearer  introduced  a  resolution  providing  for  submitting  to  the  people 

[621] 


1 62  ANNAI3   OF  THF)  AMERICAN  ACAD^MY. 

a  proposition  to  amend  the  Constitution,  so  as  to  provide  for  the  initia- 
tion, repeal  and  approval  or  rejection  of  laws. 

According  to  the  resolution,  no  law  enacted  by  the  legislature  by 
less  than  a  three-fourth  vote  was  to  go  into  effect  until  four  months 
from  the  date  of  its  passage,  and  if,  during  that  time,  a  petition  signed 
by  a  certain  proportion  of  the  electors  of  the  State  (between  fifteen 
and  thirty  per  cent,  to  be  determined  by  a  later  law)  was  presented  to 
the  Secretary  of  State,  urging  that  this  law  be  submitted  to  the  electors 
of  the  State  at  the  next  general  election,  it  was  not  to  go  into  effect 
before  such  an  election  ;  but  was  to  be  voted  for  at  that  election,  and, 
if  it  received  a  majority  of  all  the  votes  cast,  it  was  to  be  a  law ; 
•otherwise,  not. 

According  to  the  resolution,  a  certain  proportion  of  the  electors  of 
Ihe  State  (between  twenty  and  forty  per  cent  as  afterward  to  be  de- 
•cided)  was  to  have  the  right  to  propose  laws  and  to  petition  for  the 
repeal  of  laws  already  in  force,  and  the  question  of  the  enactment  of 
the  new  or  the  repeal  of  the  old  law  was  to  be  decided  at  the  next 
general  election.  No  law  enacted  by  the  people  was  to  be  subject  to 
repeal  or  amendment  by  the  legislature. 

This  resolution  was  read  the  first  time  on  Februry  13,  1893.  It  was 
read  the  second  time  on  the  following  day,  and  was  referred  to  the 
Committee  on  Elections,  of  which  Senator  J.  W.  Leedy  was  chair- 
man. On  February  20  the  committee  reported  it  with  the  recommen- 
dation that  it  be  passed  ;  but  it  never  came  up  for  a  vote  on  account  of 
die  trouble  in  regard  to  the  organization  of  the  House,  which  cut  down 
ihe  working  days  of  the  session  to  eleven  days.  This  resolution, 
•which  is  to  be  submitted  again  this  winter,  was  endorsed  by  the 
Omaha  National  Populist  Party  Convention,  the  Kansas  Populist 
Party  State  Convention  and  the  Kansas  State  Alliance. 


Sir  Henry  Mkysey-Thompson  recently  offered  a  bimetallic  prize 
of  a  silver  cup  or  silver  plate,  value  £2$,  and  £2$  in  sovereigns,  for 
the  paper  which  should  point  out  most  clearly  and  plainly  :  (i)  The 
great  loss  and  injury  which  is  being  inflicted  on  the  producers  of 
England  by  the  extraordinary  rise  in  the  value  of  gold  as  compared 
with  that  of  silver  during  the  last  twenty  years,  consequent  on  changes 
In  the  laws  regulating  the  use  of  gold  and  silver  as  money  in  various 
countries.  (2)  The  immense  temptation  and  inducement  which  this 
rise  in  the  value  of  gold  holds  out  to  capitalists  in  silver  using  coun- 
tries, to  develop  their  coal  mines,  and  to  erect  machinery  for  the 
purpose  of  supplying  themselves  and  other  silver  using  countries 

[622] 


Notes. 


163 


with  the  manufactured  articles  which  England  has  long  been  in  the 
habit  of  supplying  them  with.  (3)  That  in  the  competitive  manu- 
facturing industries  of  the  world  this  divergence  of  value  between 
gold  and  silver  must  inevitably  lead  to  the  substitution  of  the  cheap 
labor  of  silver  using  countries  for  the  more  highly  paid  labor  of  gold 
using  ones,  a  substitution  which  is  already  rapidly  taking  place,  and 
which,  unless  some  international  agreement  is  come  to  at  once,  must 
lead  to  the  ruin  of  many  English  industries,  and  the  throwing  out  of 
employment  of  tens  of  thousands  of  English  workmen. 

Announcement  is  made  that  this  prize  has  been  awarded  to  Mr. 
George  Jamieson,  H.  B.  M.'s  Consul-General  for  China,  at  Shanghai. 
Arrangements  for  the  publication  of  the  paper  have  not  been  made 
as  yet. 


MISCELLANY. 


University  Extension  Summer  Meeting. 

The  Economics  Department  of  the  Philadelphia  Summer  Meeting 
was  notable  alike  for  the  scientific  value  of  its  lecture  courses  and  for 
the  excellent  quality  of  its  membership.  Sixty  special  students, 
chiefly  college  instructors  and  university  graduate  students,  were 
present  during  the  four  weeks  of  the  meeting,  devoting  their  time  to 
lectures,  social  interchange  of  views  and  informal  discussions.  The 
courses  were  from  three  to  fifteen  lectures  in  length,  insuring  to  each 
of  the  lecturers  an  opportunity  to  give  satisfactory  expression  to  the 
ideas  which  he  held  it  of  prime  importance  for  advanced  students  of 
economics  to  consider.  The  special  advantage  of  such  a  meeting 
lies  in  the  repeated  opportunity  to  question  the  lecturer  and  to  discuss 
his  views  both  in  private  and  in  the  class-room.  With  a  picked 
audience  like  that  of  the  Summer  Meeting,  the  economist  may  express 
himself  more  freely  and  intelligibly  than  in  print,  and  more  fully  and 
effectively  than  in  the  associations  and  gatherings  in  which  but  an 
hour  or  two  at  most  can  be  devoted  to  each  subject.  The  following  is 
a  synopsis  of  the  lecture  courses  : 

I— Money.  By  E.  Benjamin  Andrews,  LL.  D.,  President  of  Brown 
University.  Five  Lectures— July  16-20.  (i)  Money  and  the  Times  ; 
(2)  England's  Monetary  Experiment  in  India;  (3)  "Counter"  and 
Quality  in  Monetary  Theory  ;  (4)  What  Fixes  Prices ;  (5)  Labor  as  a 
Standard  of  Value. 

II— Distribution.  By  J.  B.  Clark,  Ph.D.,  Professor  of  Political 
Economy  in  Amherst  College,  and  Lecturer  in  Johns  Hopkins  Uni- 
versity. Ten  Lectures— July  2-1^.  (i)  Normal  Distribution  equivalent 
to  Proportionate  Production  ;  (2)  The  Relation  of  the  Law  of  Value 
to  the  Law  of  Wages  and  Interest ;  (3)  The  Social  Law  of  Value ; 
(4)  Groups  and  Sub-groups  in  Industrial  Society  ;  (5)  The  Nature  of 
Capital  and  the  Source  of  Wages  and  Interest ;  (6)  The  Static  Law  of 
Distribution  ;  (7)  Dynamic  Forces  and  their  Effects;  (8)  The  Origin 
and  the  Distribution  of  Normal  Profits ;  (9)  Trusts  and  Public  Policy  ; 
(10)  Labor  Unions  and  Public  Policy. 

Ill— Scientific  Subdivision  of  Pouticai,  Economy.  By  F.  H. 
Giddings,  A.  M.,  Professor  of  Sociology  in  Columbia  College.    Five 

[624] 


MISCELI.ANY.  1 65 

Lectures— July  2-7.  (i)  The  Conception  and  Definition  of  Political 
Economy  ;  (2)  The  Concepts  of  Utility,  Cost  and  Value ;  (3)  The 
Theory  of  Consumption  ;  (4)  The  Theory  of  Production ;  (5)  The 
Theory  of  Relative  Values. 

IV— Theories  of  PopuiaTion.  By  Arthur  T.  Hadley,  M.  A.,  Pro- 
fessor of  Political  Economy  in  Yale  University.  Three  Lectures — 
Julys-6. 

V— Rei^Tions  op  Economics  and  Powtics.  By  J.  W.  Jenks, 
Ph.  D.,  Professor  of  Political  Economy  and  Civil  and  Social  Institu- 
tions in  Cornell  University.  Five  Lectures— July  16-20  (i)  The 
Nature  and  Scope  of  Economics  and  of  Politics  Compared ;  (2)  Influ- 
ence of  Economic  Conditions  upon  Political  Constitutions;  (3)  The 
Influence  of  Economic  Conditions  and  Theories  upon  Certain  Social 
and  I/Cgal  Institutions  not  Primarily  Political ;  (4)  The  Influence  of 
Present  Economic  Conditions  and  Beliefs  upon  Present  Political 
Methods  and  Doctrine ;  (5)  The  Political  Reforms  that  would  be  of 
Most  Economic  Advantage. 

VI— Ethnicai,  Basis  for  Sociai,  Progress  in  the  United 
States.  By  Richmond  Mayo-Smith,  Ph.  D.,  Professor  of  Political 
Economy  and  Social  Science  in  Columbia  College.  Three  Lectures — 
July  24-26.  (i)  Theories  of  Mixture  of  Races  and  Nationalities  and 
Application  to  the  United  States ;  (2)  Assimilating  Influence  of  Climate 
and  Intermarriages;  (3)  Assimilating  Influence  of  Social  Environ- 
ment. 

VII — Introduction  to  Dynamic  Economics.  By  Simon  N. 
Patten,  Ph.  D.,  Professor  of  Political  Economy  in  the  University  of 
Pennsylvania.     Fifteen  Lectures— July  9-27. 

VIII — Public  Finance.  By  Edwin  R.  A.  Seligman,  Ph.  D.,  Pro- 
fessor of  Political  Economy  and  Finance  in  Columbia  College.  Five 
Lectures— July  2J-27.  (i)  The  Development  of  Taxation;  (2)  The 
Effects  of  Taxation  ;  (3)  The  Basis  of  Taxation  ;  (4)  The  Principle* 
of  Taxation  ;  (5)  The  Single  Tax. 

It  is  expected  that  the  substance  of  Courses  II  and  III  will  be  pub- 
lished at  an  early  date,  the  first  constituting  Part  I  of  Professor  Clark's 
eagerly  expected  work  on  Distribution,  the  other  embodying  the  out- 
line of  Professor  Giddings'  system  of  political  economy,  which  will 
be  received  with  the  more  interest  because  of  the  fact  that  in  accepting 
the  chair  of  sociology  at  Columbia  College  he  turns  aside  for  the 
present  from  the  formal  teaching  of  this  subject. 

Aside  from  the  courses  outlined  above.  Professor  J.  B.  Macmaster 
delivered  four  lectures  on  American  economic  history,  and  there  were 
several  interesting  addresses  on  special  subjects,  notably  those  by  Presi- 
dent Andrews  on  the  Brussels  International  Monetary  Conference;  by 

[625] 


1 66         Annai^  of  run  American  Academy. 

Professor  Clark  on  the  Ideal  Standard  of  Value  and  on  the  Elemen- 
tary Teaching  of  Economics;  by  Professor  Giddings  on  the  Money 
Question  and  on  Methods  of  Teaching  Political  Economy,  and  by  Pro- 
fessor Simon  N.  Patten  on  Political  Economy  in  Elementary  Schools. 
The  address  last  mentioned  aroused  so  much  interest  that  there  was  an 
urgent  demand  for  its  publication,  and  with  some  modifications  it  is 
printed  in  the  present  nimiber  of  the  Annate.* 

On  the  whole  the  experiment  has  proved  so  successful  that  it  is 
hoped  that  a  similar  series  of  courses  can  be  arranged  for  the  next 
meeting  in  the  field  of  politics,  and  that  the  University  Extension 
authorities  may  be  able  to  arrange  for  a  second  economic  program 
•within  a  few  years.  A  comparison  of  the  course  outlined  above  with 
any  that  could  have  been  secured  from  the  economics  departments  of 
American  Universities  even  ten  years  ago  would  strongly  emphasize 
the  advance  of  this  decade. 


ASSOCIATION  OF  COI,I,EGKS  AND  PREPARATORY  SCHOOW. 

The  sixth  annual  convention  of  the  Association  of  Colleges  and 
Preparatory  Schools  in  the  Middle  States  and  Maryland  was  held 
at  the  Johns  Hopkins  University,  Baltimore,  on  November  30  and 
December  i. 

The  topic  which  was  first  discussed  was  "The  Place  and  Teaching  of 
History  and  Politics  in  School  and  College."  Professor  Herbert  B. 
Adams,  of  Johns  Hopkins  University,  opening  the  discussion  by  a 
paper  entitled  "Is  History  Past  Politics?"  He  urged  the  prominent 
if  not  predominating  position  which  the  political  aspects  of  history 
must  inevitably  assume.  The  close  relation  and  interdependence  of 
history  and  politics  was  illustrated  in  the  life  and  teachings  of  Professor 
Lieber,  of  Columbia  College,  and  by  the  methods  pursued  at  the 
Johns  Hopkins  University. 

Professor  James  Harvey  Robinson,  of  the  University  of  Pennsyl- 
vania, followed  Professor  Adams,  reading  a  paper  upon  the  "  Use  of  the 
Sources  in  Teaching  History. ' '  Emphasis  was  laid  upon  the  absence  in 
our  colleges  and  universities  of  any  opportunity  for  the  student  to 
cultivate  his  critical  faculties  in  the  use  of  books  and  in  the  inter- 
pretation of  written  records.  This  in  itself  would  seem  to  justify,  it 
was  urged,  some  reference  to  the  sources  of  our  knowledge  of  his- 
torical facts.  The  student  is  encouraged  blindly  to  accept  facts  as 
presented  to  him  in  a  textbook.     He  never  thinks  of  asking  for  proofs, 

•  "  Bconomics  for  the  Elementary  Schools," 

[626] 


MlSCEU^ANY.  167 

and  thus  an  opportunity  is  lost  for  cultivating  literary  tact  and  dis- 
crimination, so  essential  in  picking  our  way  among  the  ever  increasing 
mass  of  books,  which  the  publishers  submit  to  us. 

"The  Place  of  History  in  the  Secondary  Schools"  was  taken  up  by 
Principal  Henry  P.  Warren,  of  the  Albany  Academy,  Albany,  N.  Y. 
This  paper  dealt  especially  with  that  class  of  historical  facts  which 
most  naturally  excite  the  interest  of  younger  pupils  especially  mythol- 
ogy and  the  accounts  of  exploration  and  adventure.  Only  later  ought 
the  pupil  to  be  introduced  to  the  history  of  Greece  and  Rome  and 
then  of  France.  Around  the  history  of  the  latter  country  almost  all 
the  great  tendencies  of  Modem  Europe  can  be  grouped. 

Mr.  Samuel  E.  Forman,  of  Baltimore,  in  a  paper  on  **  Civics  in  the 
Secondary  Schools  "  criticised  the  action  of  the  Conference  at  Madison 
as  submitted  in  the  report  of  the  Committee  of  Ten,  in  recommending 
that  civil  government  be  made  a  part  of  the  instruction  in  history. 
Civics  should  be  an  independent  subject,  "the  end  to  be  attained  by 
the  study  is  ethical,"  the  speaker  claimed,  "  rather  than  educational," 
for  as  a  means  of  mental  discipline  civil  government  is  of  low  value. 
Several  suggestions  were  added  in  regard  to  the  methods  of  instruction. 

A  discussion  followed  in  which  among  others  Professor  Franklin  H. 
Giddings,  of  Columbia  College,  and  Mr.  Glenn  Mead,  of  the  Episcopal 
Academy,  Philadelphia,  took  part.  The  afternoon  session  was  devoted 
to  a  discussion  of  the  Report  on  the  Requirements  for  Entrance 
Examinations  in  English  of  the  Committee  appointed  last  j*ear  by  the 
Association.  Very  interesting  papers  were  read  by  Professor  Stoddard, 
of  tlie  University  of  the  City  of  New  York  ;  Professor  Bright,  of  Johns 
Hopkins  University ;  Mr.  Farrand,  of  Newark  Academy ;  Professor 
Bliss  Perry,  of  Princeton  College,  and  Mr.  Chubb,  of  the  Brooklyn 
Public  Schools.     The  report  was  accepted  by  the  Association. 

Owing  to  the  absence  of  President  Francis  L.  Patton,  the  evening 
address  was  made  by  Professor  Ira  Remsen,  of  Johns  Hopkins  Univer- 
sity, who  spoke  especially  of  the  danger  arising  from  the  introduction 
of  advanced  university  methods  in  the  teaching  of  the  less  mature 
students  of  our  colleges. 

The  session  Saturday  morning  was  devoted  to  *'  The  Future  of  the 
College." 

Mr.  Talcott  Williams,  of  the  Philadelphia  Press,  opened  the  discns- 
sion.  From  a  compilation  of  interesting  statistics,  the  speaker 
reached  the  following  deductions  :  First,  the  essential  influence  of 
great  colleges  in  stimulating  the  appetite  for  a  college  education,  and 
in  educating  the  community  "  so  as  to  create  the  soil  out  of  which  the 
college  students  will  grow."  Secondly,  the  figures  seem  to  prove  that 
the  colleges  have  a  local  command  over  their  attendance,  and  are  not 

[627] 


1 68  ANNAI.S  OF  THB  AMERICAN  AcADKMY. 

aought  because  they  are  cheap  and  easy,  but  because  they  are  near. 
Competition  is  thus  reduced,  and  the  standard  may  be  safely  raised 
without  diminishing  the  attendance. 

President  Sharpless,  of  Haverford  College,  described  the  advan- 
tages of  the  small  college  and  the  work  it  should  do  as  contrasted 
with  the  university.  President  Warfield,  of  I^afayette  College,  and 
President  Stryker,  of  Hamilton  College,  presented  papers  upon  other 
aspects  of  the  same  subject  In  the  discussion  which  followed,  Pro- 
fessor James,  of  the  University  of  Pennsylvania,  and  Principal 
Johnson,  of  Friends'  School  at  Wilmington,  Del. ,  took  part. 

The  papers  and  discussion  will  be  printed  in  full  in  the  Annual 
Proceedings  of  the  Association,  which  may  be  obtained  gratis  by 
applying  to  the  secretary,  Professor  J.  Q.  Adams,  University  of  Penn- 
sylvania. 


NOTES  ON  MUNICIPAL  GOVERNMENT. 


INTRODUCTION. 

Recent  events  seem  to  indicate  that  the  interest  in  municipal  afiaixs 
has  been  placed  upon  a  new  footing.  In  the  place  of  intermittent  and 
spasmodic  eiOforts  at  reform,  we  can  now  count  upon  a  continuous  and 
increasingly  earnest  effort  on  the  part  of  large  classes  of  our  citizens 
to  place  the  functions  of  the  municipality  upon  the  highest  level  of 
eflBciency.  In  order  to  make  these  efforts  as  fruitful  of  results  as  pos- 
sible, it  is  necessary  that  the  experience  of  the  various  cities  be  placed 
within  the  reach  of  those  most  interested.  It  will  be  the  effort  of  this 
department  of  the  Annai3  to  contribute  its  share  to  that  end.  In  this 
connection  it  may  be  well  to  mention  that  only  such  events  will  be 
noticed  as  serve  to  illustrate  the  principles  which  underlie  our  system 
of  city  government.  Thus  many  purely  political  events  must  needs  be 
excluded.  The  obligations  of  the  department  to  the  individual  corre- 
spondents will  receive  mention  as  occasion  requires. 

AMERICAN   CITIES. 

Philadelphia. — The  estimates  of  expenditure  for  the  fiscal  year, 
1895,  are  at  present  the  subject  of  discussion  in  the  councils  of  most 
of  our  large  cities.  The  debates  upon  the  various  items  of  expendi- 
ture always  bring  out  very  clearly  our  methods,  financial  and  ad- 
ministrative, of  dealing  with  municipal  problems.  With  but  little 
regard  to  the  nature  of  the  particular  problem  in  hand,  the  estimates 
of  the  executive  departments  are  reduced  in  a  purely  mechanical  way, 
in  order  to  remain  within  the  limits  of  possible  revenue.  Each  de- 
partment is  allowed  a  certain  percentage  of  its  estimate,  which  often 
means  that  work  of  improvement  and  extension  thus  done  in  frag- 
ments is  expensively  and  often  inefl5ciently  executed.  For  instance, 
in  the  city  of  Philadelphia,  the  estimate  of  departments  for  improve- 
ments and  extensions  alone  was  over  |i4,ooo,ooo.  The  report  of  the 
committee  makes  this  a  very  suggestive  recommendation:  *^The 
money  available  will  only  permit  the  appropriation  of  about  forty  per 
cent  of  the  amount  asked  for  by  the  departments  for  improvements  and 
extensions."  Wliile  public  works,  such  as  the  Public  Buildings, 
park  improvements  and  the  like,  are  in  process  of  completion,  such 
reductions  mean  indefinite  delay  and  often  duplication  of  the  work. 

[629] 


lyo  Annai^  of  thk  Amkrican  Academy. 

Another  very  significant  fact  in  connection  with  the  financial 
methods  of  the  city  departments  is  the  communication  of  the  Director 
of  Public  Works  on  the  question  of  street  cleaning.  For  this  purpose, 
the  city  is  divided  into  five  districts;  bids  are  received  for  each  district 
under  the  separate  items  of  Street  Cleaning  and  Collections  of  Ashes 
and  Garbage.  The  award  is  then  made  to  the  lowest  bidder.  For  the 
year  1895  the  aggregate  of  such  bids  is  nearly  ^100,000  less  than  in 
1894.  Ordinarily,  this  might  be  a  subject  for  congratulation.  When, 
however,  we  come  to  examine  the  nature  of  this  particular  service,  it 
is  evident  that  the  low  figures  will  mean  inefficient  work.  The  fact 
that  some  seven  or  eight  different  contracting  companies  must  be  con- 
trolled and  supervised,  is  sufficient  of  itself  to  prove  the  fact  that  any- 
thing like  strict  supervision  will  be  impossible.  Under  another  system 
where  the  method  of  street  cleaning  has  been  developed  gradually, 
and  with  due  regard  to  the  needs  of  a  great  city,  reductions  of  $100,000 
would  be  absolutely  impossible.  As  the  city  grows,  the  requirements 
of  street  cleaning  become  greater,  involving  a  greater  financial  burden. 
Were  the  city  to  undertake  the  cleaning  of  its  own  streets,  the  cost 
would  undoubtedly  be  greater  than  at  present;  but,  on  the  other 
hand,  their  condition  would  be  far  more  satisfactory.  Thus  for  the 
year  1895,  Philadelphia  will  expend  some  ^5750,000  for  the  cleaning  of 
its  streets,  together  with  the  collection  of  ashes  and  garbage.  New 
York,  with  a  street  surface  less  than  one-half  that  of  Philadelphia, 
expends  almost  three  times  the  amount,  and  while  every  one  admite 
that  the  work  is  expensively  done,  the  condition  of  the  streets  amply 
repays  what,  to  many,  seems  an  extravagant  outlay. 

Chicago. — The  report  of  the  Citizens'  Association  of  Chicago  for  1895 
contains  a  number  of  recommendations,  to  be  embodied  in  specific 
measures,  which  the  association  will  have  in  view  in  its  work  during 
the  coming  year.  An  investigation  into  the  Police  Justices*  Courts, 
which  was  undertaken  in  1892,  revealed  a  large  number  of  cases  where 
corruption  and  bribery  had  played  an  important  part  in  the  non- 
enforcement  of  laws  and  ordinances.  The  association  advocates  a 
complete  remodeling  of  this  branch  of  the  local  judiciary.  Other 
recommendations  include  a  change  in  the  law  regarding  special  assess- 
ments, the  consolidation  of  the  city  and  county  governments,  the 
holding  of  a  Constitutional  Convention  to  effect  changes  in  the  admin- 
istrative system  of  the  city,  and  a  revision  of  portions  of  the  city 
charter. 

Boston.*— The  question  of  a  "  Greater  Boston  "  seems  to  be  upper- 
most in  the  minds  of  those  most  interested  in  the  city's  welfare.     In 

•The  information  concerning  Boston  has  been  furnished  by  Mr.  Sylvester 
Baxter  of  the  Boston  Herald. 

[630] 


Notes  on  Municipai.  Government.  171 

a  number  of  cases  the  city  and  surrounding  districts  are  already  organ- 
ized for  purposes  of  general  administration.  The  Boston  Postal 
District  includes  six  suburban  municipalities,  with  a  population,  in 
1890,  of  607,063.  The  Metropolitan  Sewerage  District  includes  seven- 
teen such  suburban  municipalities,  with  a  population  of  744,575.  The 
system  of  parks  is  in  the  hands  of  a  Metropolitan  Commission,  whose 
authority  extends  over  a  district  comprising  thirty-seven  municipal- 
ities, with  a  population  estimated  at  about  1,000,000.  Within  the  last 
two  years  open  spaces  aggregating  some  8000  acres  have  been  laid  out 
by  this  commission,  which,  with  pre-existing  parks,  give  to  the  dis- 
trict a  total  park  space  of  14,003  acres.  A  plan  for  a  Metropolitan 
Water  District  is  also  under  consideration. 

With  the  close  of  the  present  year,  Boston  is  to  lose  the  services  of 
Mr.  Nathan  Matthews,  Jr.,  as  chief  executive  of  the  city.  During  the 
four  years  of  his  incumbency  the  change  in  administrative  and  finan- 
cial methods  has  been  remarkable.  The  entire  executive  work  of  the 
city  has  been  brought  to  a  new  standard  of  efficiency.  During  his 
term  of  office  reforms  in  almost  every  executive  department  have  been 
eflfected.  One  of  the  main  difficulties  with  which  the  executive  had 
to  contend  was  the  great  nimiber  of  executive  departments  in  the 
city  government;  still  further  complicated  by  tlie  fact  that  commis- 
sions and  boards  were,  as  a  rule,  at  the  head  of  these  departments, 
thus  making  an  eflfective  central  executive  control  almost  impos- 
sible. To  completely  cure  tliis  evil,  a  change  in  the  form  of  city  gov- 
ernment will  be  necessary,  requiring  an  act  of  the  legislature.  This 
has  not  as  yet  been  obtained.  Within  the  limits  of  the  powers  given 
to  the  city  by  the  charter,  however,  important  changes  have  taken 
place.  Thus,  the  various  bureaus  relating  to  highways,  such  as  pav- 
ing, street  cleaning,  construction  and  maintenance,  have  been  consol- 
idated and  placed  under  the  direction  of  a  Superintendent  of  Streets. 
A  Board  of  Survey  to  determine  the  line  of  all  new  streets  upon  a 
definite  plan  was  established,  which,  together  with  the  reorganization 
of  the  Architectural  Department  of  the  city,  means  a  radical  change 
in  the  method  of  laying  out  and  constructing  new  streets,  especially 
in  the  older  portions  of  the  city.  Mayor  Matthews  has,  further- 
more, taken  a  most  decided  stand  against  the  gas  company,  which, 
until  within  a  few  years,  enjoyed  a  monop)oly  in  the  city.  He  suc- 
ceeded in  securing  entry  for  another  company  (The  Brookline  Ga» 
Company),  and  finally  in  effecting  a  reorganization  of  the  original 
company.  The  price  of  gas  was  reduced  to  |i.oo  per  1000  cubic 
feet  in  the  urban  sections.  The  various  gas  companies  have  now 
entered  into  a  combination,  over  which  the  retiring  mayor  will  assume 
the  presidency.      In  accepting  this  office,  Mr.  Matthews  expresses 

[631] 


172  Annai^  of  the  American  Academy. 

the  following  opinion  on  the  relation  of  the  municipality  to  quasi 
public  works:  *'  The  best  manner  of  adjusting  the  relations  between 
the  community  and  a  private  corporation  undertaking  a  semi-public 
service,  is,  in  my  opinion,  to  secure  to  the  municipal  corporation  a 
share  in  the  dividends  paid  within  a  certain  fixed  percentage,  and, 
on  the  other  hand,  to  protect  the  company  in  its  business  and  encour- 
age its  development  by  a  contract  for  a  term  of  years. ' ' 

The  Municipal  League  of  Boston  has  been  doing  some  very  thorough 
work  in  investigating  various  city  departments.  At  the  October  meet- 
ing, a  detailed  report  was  devoted  to  the  City  Council,  and  charges  of 
corruption,  especially  in  connection  with  contract  work,  were  brought 
forward.  This  report  has  not  as  yet  given  rise  to  any  definite  action, 
although  the  same  is  awaited  with  great  interest.  The  November 
meeting  was  devoted  to  a  report  on  the  police  system  by  the  Com- 
mittee on  Public  Health  and  Safety,  which  was  in  the  main  favorable 
to  the  department.  The  league  intends  to  strongly  advocate  before 
the  legislature  a  radical  revision  of  the  city  charter.  It  desires,  in  the 
first  place,  that  the  mayor's  term  of  office  be  extended  from  one  to 
three  years.  Furthermore,  the  abolition  of  Common  Council  and  the 
substitution  of  a  single  chamber  of  twenty-four  aldermen  with  three- 
year  terms,  eight  to  be  elected  each  year  under  a  plan  of  proportional 
representation.  In  addition,  a  Board  of  Estimate  and  Apportionment, 
analogous  to  the  New  York  board,  to  make  up  the  annual  budge 
Another  reform  which  will  be  urged  is  the  establishment  by  legist 
tive  enactment,  of  a  "Board  of  Visitors"  for  public  institutions,  the" 
City  Council  having  refused  to  authorize  such  a  board,  notwithstand- 
ing the  fact  that  abuses  in  management  have  been  proven  by  a  special 
board  of  visitors  appointed  to  look  into  the  matter. 

Various  commercial  organizations  of  the  city  are  inquiring  into  the 
advisability  of  establishing  a  system  of  municipal  wharves  and  docks, 
the  advantages  to  other  seaports  through  such  ownership  being  no 
longer  a  matter  of  doubt. 

Omaha.* — The  newly  elected  legislature  of  Nebraska,  which  com- 
mences its  biennial  session  in  January,  1895,  will  have  before  it,  as  one 
of  the  most  important  questions,  the  reform  of  the  charters  of  cities 
of  the  Metropolitan  class,  under  which  Omaha  is  incorporated.  In 
anticipation  of  this,  a  Charter  Revision  Committee  consisting  of  promi- 
nent citizens  selected  by  the  Mayor  and  City  Councils  has  been  busily 
engaged  for  six  or  eight  weeks  formulating  desirable  amendments  to 
the  charters  of  cities  of  this  class.    The  attention  of  this  committee 


•  The  information  concerning  Omaha  has  been  furnished  by  Victor  Rosewater, 
Ph.  D.,  of  that  city. 


[632] 


Notes  on  Municipai,  Government.  173 

has  been  chiefly  directed  toward  the  reform  of  the  system  of  nnnrm 
ment  and  the  consolidation  of  the  city  departments. 

In  September  of  this  year  the  Mayor  of  Omaha  was  subjected  to 
impeachment  proceedings.  Charges  had  been  preferred  in  the  District 
Court  by  two  City  Councilmen,  alleging  that  the  Mayor  had  received 
large  benefits  under  certain  purchases  of  real  estate  for  park  purposes, 
that  he  had  conspfred  with  gamblers  to  infringe  the  criminal  code  and 
that  he  had  violated  the  law  in  neglecting  to  make  certain  appoint- 
ments. The  impeachment  proceedings  which,  it  seems,  were  begun 
in  the  interests  of  certain  contractors  whose  warrants  the  Mayor  had 
refused  to  sign,  have  resulted  in  the  complete  exoneration  of  the 
executive.  One  cause  of  the  dispute — the  electric  lighting  servnce 
has  just  been  compromised.  Up  to  the  present  time  the  city  has  been 
paying  from  I140  to  I175  per  lamp  (arc-light)  per  year.  The  new 
contract  calls  for  an  all-night  service,  gauged,  not  by  candle-power, 
but  by  voltage,  at  the  rate  of  $120  per  lamp  per  year  for  not  less  than 
200  nor  more  than  400  lamps. 

Chattanooga. — The  annual  report  of  the  Mayor  of  Chattanooga  for 
1894  contains  some  extremely  interesting  information  concerning  the 
changes  which  have  taken  place  in  the  government  of  the  city  during 
the  fiscal  year  1 893-1 894.  At  the  time  of  installation  of  the  present 
mayor,  the  financial  condition  of  the  city  was  extremely  unfavorable. 
With  a  population  of  but  45,000,  a-  funded  indebtedness  of  over 
1900,000  and  a  floating  indebtedness  of  an  additional  |ioo,ooo,  the 
expenses  of  the  government  were  increasing  beyond  the  possibilities 
of  revenue. 

The  first  reform  which  the  Mayor  had  in  view  was  strict  economy  in 
administration,  especially  as  regards  salaries.  In  the  department  of 
tlie  City  Executive  alone,  the  salary  list  was  reduced  from  |i6,62i  in 
1892  to  I5610  in  1894 ;  the  number  of  officials  from  twenty-three  to 
nine.  This  is  exclusive  of  the  Board  of  Public  Works,  the  Board  of 
Aldermen,  the  police  force,  the  tax  assessors,  where  financial  refortns 
of  a  sweeping  character  were  introduced,  all  tending  to  make  the 
financial  control  over  expenditures  more  effective. 

The  office  of  Delinquent  Tax  Collectors  was  abolished,  and  the 
collection  of  all  taxes  placed  in  the  hands  of  the  City  Treasurer  and 
the  Tax  Collector. 

The  strict  economy  exercised  in  all  departments  of  the  city  govern- 
ment is  illustrated  by  the  comparison  of  the  total  ordinary  expendi- 
tures for  the  last  four  years. 

1890-91 l3oa,J44  45 

1891-92 274.344  40 

i89»-93 236,136  09 

1893-94, aoi.076  74 

[633] 


174  Annai^  of  the  American  Academy. 

During  the  same  period  the  tax  levy  was  reduced  from  $i.8o  to 
I1.25. 

Although  it  is  neither  possible  nor  even  desirable  that  this  reduction 
of  expenditures  should  continue,  the  city  has  now  been  placed  upon 
such  sound  financial  basis  that  future  increase  in  expenditure,  unham- 
pered by  the  extravagance  from  which  it  has  hitherto  suffered,  will 
mean  cleaner  streets,  better  sewers,  and  a  mass  of  other  necessaries 
and  conveniences  which  have  heretofore  been  neglected. 

FOREIGN  CITIES. 

London. — ^The  reports  of  the  chairman  and  committees  of  the 
London  County  Council  for  the  year  ending  March  31,  1894,  contain 
much  interesting  and  valuable  information  concerning  the  growth  and 
development  of  the  new  County  Council  Government.  The  gradual 
extension  of  functions  through  special  authorizing  acts  of  Parliament 
is  significant  of  the  change  which  is  gradually  taking  place  in  London 
city  life.  While  still  hampered  by  a  lack  of  sufficient  power  to  carry 
into  effect  a  number  of  necessary  improvements,  a  great  deal  has  been 
accomplished  toward  giving  to  this  vast  area  a  united  and  responsible 
government.  The  unsatisfactory  financial  condition  of  the  city  is  due, 
mainly,  to  the  fact  that  the  funded  debt,  amounting  to  some  ^165,000,- 
000,  represents  for  the  most  part  financially  unproductive  public 
enterprises,  such  as  drainage,  parks,  street  improvements,  etc.  The 
liquidation  charges  alone  amount  to  ^2,500,000  annually.  The  total 
expenditure  of  the  Council  for  the  year  1893-94  amounted  to  ^20,000,- 
000,  of  which  I5, 000,000  was  covered  by  new  loans.  The  main 
expenditure  was  incurred  for  streets  and  highways,  schools  and  chari- 
table institutions. 

The  reports  of  the  Taxation  Committee  show  the  rate  of  taxation  to 
be  13  ^.  in  the  jCy  which  is  comparatively  low  considering  the  nature 
of  the  services  rendered.  The  Park  Committee  furnishes  interesting 
statistics  of  the  London  parks,  showing  a  remarkable  increase  since 
the  new  County  Council  came  into  power.  In  1889  the  number  of 
parks  was  forty,  with  an  area  of  2256  acres;  in  1893  there  were 
seventy-eight,  with  an  area  of  3665  acres. 

An  interesting  part  of  the  report  of  tbe  Public  Works  Committee 
deals  with  the  work  done  directly  by  the  Council  in  street  paving  and 
repair.  It  seems  to  be  the  settled  purpose  of  the  Council  to  do  as 
little  work  as  possible  through  contractors.  While  the  chairman 
admits  that  much  of  the  work,  especially  that  connected  with  street 
cleaning,  might  be  done  more  cheaply  through  the  contract  system, 
the  efficiency  of  the  service  is  so  far  above  anything  to  be  obtained 
through  private  individuals,  that  economy  is  the  result  in  the  long  run. 

[634] 


Notes  on  Municipai,  Government.  175 

Two  interesting  special  reports  deal  with  the  questions  of  "  Dust 
Destructors ' '  and  ' '  Technical  Education. ' '  The  former  has  been  com- 
piled by  the  medical  officer  and  engineer  of  the  London  County 
Council,  and  reviews  the  experience  of  Manchester,  Birmingham, 
Bradford,  and  a  number  of  smaller  boroughs.  The  difficulty  of  dis- 
posing effectively  of  the  city's  refuse  seems  to  baffle  solution.  The 
most  difficult  problem  seems  to  be  to  render  the  organic  matter  inoc- 
uous  and  at  tlie  same  time  utilize  the  product  for  industrial  purposes. 
Until  this  is  done  the  disposal  of  garbage  and  refuse  will  be  an  ex- 
tremely expensive  operation.  There  are  about  forty  urban  centres 
(cities  and  sanitary  districts)  in  England  where  the  method  of  disposal 
by  means  of  furnaces  has  been  substituted  for  the  more  primitive 
systems.  In  none,  however,  has  the  experience  been  perfectly  .satis- 
factory. The  recent  experiments  in  some  of  our  American  cities  show 
a  decided  improvement  on  English  methods. 

The  report  on  "Technical  Education"  reviews  the  work  done  by 
the  Council  in  this  line.  It  consists  mainly  in  the  granting  of  support 
and  the  founding  of  scholarships  to  the  various  non-board  schools. 
During  the  year  1893-94  some  228  such  school  scholarships  were 
awarded.  The  special  grants  from  the  County  Council  entitle  the 
London  School  Board  to  representation  on  the  governing  bodies  of 
these  institutions.  The  amount  expended  in  such  grants  was  nearly 
1150,000. 

Berlin. — Some  few  of  the  administrative  reports  for  the  fiscal  year 
1893-94  have  appeared,  treating  in  detail  the  work  done  by  the  various 
departments.  The  report  on  street  cleaning  offers  special  interest  as 
showing  the  admirable  organization  of  this  department  and  its  ready 
adaptability  to  the  changing  needs  of  the  community.  The  general 
control  is  exercised  by  a  committee  composed  of  four  members  of  the 
Board  of  Aldermen  (the  real  executive  of  the  city)  and  eight  members 
of  the  Town  Council.  At  the  head  of  the  department  is  the 
Director  of  Street  Cleaning  who  is  directly  responsible  to  the  com- 
mittee. Under  him,  as  executive  officials,  are  one  inspector,  one 
administrator,  six  chief  superintendents  and  twenty-three  ordinary 
superintendents.  These  are  all  specially  trained  officials,  holding 
office  during  good  beha\aor.  The  work  of  street  cleaning  is  done  by 
some  842  regularly  employed  laborers  who  are  regarded  as  city  officials, 
also  holding  office  during  good  behavior.  In  case  of  sickness  or 
accident  they  continue  to  draw  from  the  city  treasury  a  certain  pro- 
portion of  their  wages  and  after  a  certain  term  of  service  are  pensioned 
by  the  city.  The  average  wage  is  about  ninety  cents  per  day.  In 
addition  a  large  number  of  temporary  laborers  are  added  as  occasion 
requires.     All  those  engaged  in  the  work  of  street  cleaning  receive  a 

[635] 


176  Annaxs  op  the  American  Academy. 

uniform  from  the  city,  which  gives  to  the  street-cleaning  corps  an 
appearance  of  tidiness  and  cleanliness  which  is  in  direct  contrast  with 
the  set  of  men  we  are  accustomed  to  see  at  work  on  our  streets.  The 
department  also  undertakes  the  cleaning  of  the  sidewalks  and  during 
the  summer  months  the  sprinkling  of  all  streets.  Main  thoroughfares 
are  thoroughly  cleansed  at  least  once  and  often  several  times  each 
day.  Streets  paved  with  asphalt  are  first  flushed  with  water  and  then 
thoroughly  scraped  by  means  of  rubber  scrapers. 

The  total  expenditure  of  the  department  for  the  year  1893-94, 
including  the  cleaning  of  all  streets  and  sidewalks,  street  sprinkling, 
garbage  collection  and  disposal  and  public  conveniences,  was  ^542,850. 
When  we  stop  to  consider  that  there  is  no  other  city  in  the  world — 
not  excepting  Paris — where  the  streets  are  kept  in  such  irreproachable 
condition,  this  expenditure  is  remarkably  low. 

GENERAI,  NOTES. 

The  National  Municipal  Reform  League,  organized  as  a  result  of 
the  Conference  for  Good  City  Government  held  in  Philadelphia  in  Jan- 
uary, 1894,  has  just  published  the  first  two  of  a  series  of  pamphlets 
dealing  with  questions  of  municipal  administration  and  finance.  They 
are  both  of  an  introductory  character,  stating  the  objects  of  the  league 
and  discussing  general  questions  of  municipal  reform. 

Pamphlet  No.  i  contains  "  City  Government  and  the  Churches,"  *  by 
the  Rev.  Charles  F.  Dole,  and  a  short  article  by  Mr.  Charles  Richard- 
son, vice-president  of  the  league,  on  "  What  a  Private  Citizen  can  do 
for  Good  City  Government." 

Pamphlet  No.  2t  contains  "An  Address  to  the  People,"  by  Charles 
J.  Bonaparte,  Esq.,  and  a  reprint  of  Mr.  Richardson's  article.  Mr. 
Bonaparte,  in  his  introduction,  simis  up  the  situation  in  concise  form 
when  he  says  :  *'  No  adequate  remedy  for  these  evils  can  be  expected 
from  an  improvement  in  the  mere  machinery  of  government.  Sooner 
or  later  every  community  obtains  as  good  a  government  as  it  deserves. 
Our  cities  are  misgoverned  because  our  citizens  are  unworthy.  By 
some  means,  the  whole  tone  of  public  opinion,  the  accepted  standards 
of  political  thought  and  conduct,  must  be  raised.  To  do  this,  and  do 
it  permanently  and  eflfectually,  will  be  the  work  of  time  and  labor." 

National  Conference  for  Good  City  Government. 
The  Second  Conference  of  the  National  Municipal  Reform  League 
was  held  in  MinneajK^lis  on  the  eighth  and  tenth  of  December,  1894. 

♦Philadelphia,  1894.     12  pages. 

tPhiladelphia.  1894.  14  pages.  Both  pamphlets  can  be  obtained  by  application 
U)  C.  R.  Woodruff,  Kgq.,  514  Walnut  street,  Philadelphia. 

[636] 


Notes  on  Municipai,  Government.  177 

The  first  session  was  opened  on  the  morning  of  the  eighth  by  Vice- 
president  Charles  Richardson,  of  the  National  League,  who  made  a 
few  remarks  upon  the  general  nature  of  the  reform  movement  Mr. 
Charles  h  Crocker,  President  of  the  Minneapolis  Board  of  Trade, 
followed  with  a  brief  sketch  on  the  relation  of  the  city  to  this  reform 
movement.  The  formal  address  of  welcome  was  made  by  Mayor 
Eustis,  of  Minneapolis,  Professor  Edmund  J.  James,  of  the  University 
of  Penusylvania,  responding  in  the  name  of  the  visitors.  Mr.  George 
Bumham,  Jr.,  of  Philadelphia,  was  chosen  President  of  the  Confer- 
ence. The  regular  session  was  opened  by  D.  F.  Simpson,  Esq., 
Corporation  Counsel,  of  Minneapolis,  with  a  paper  on  "The  Scheme 
of  Government  in  Operation  in  this  City,"  in  which  the  charter  pro- 
visions were  examined  in  detail ;  the  results  of  their  operation  being 
freely  commented  upon.  This  paper  was  followed  by  a  series  of 
reports  on  the  "Results  Obtained  by  Voluntary  and  Temporary 
Movements."  The  first  of  these  was  made  by  Mr.  William  G.  Low, 
of  New  York.  Mr.  Low  commented  at  length  upon  the  reform  move- 
ment in  New  York  City ;  he  reviewed  the  work  done  by  the  Rev.  Dr. 
Parkburst,  and  the  present  position  of  the  Committee  of  Seventy. 
Special  emphasis  was  laid  upon  the  fact  that  party  affiliations  must  be 
disregarded  in  the  work  of  reform.  "  So  far  as  my  experience  goes,'* 
he  said,  *  *  our  municipal  gains  have  usually  taken  place  when  men 
have  thus  forsaken  party  lines  and,  independently  thereof,  worked  for 
the  civic  good.  In  order,  however,  that  the  results  obtained  should 
be  permanent,  it  is  necessary  that  the  temporary  voluntary  movements 
acquire  some  permanent  character." 

Mr.  Low  was  followed  by  Herbert  Welsh,  Esq.,  of  Philadelphia. 
Mr.  Welsh  commented  at  length  upon  the  position  which  the  local 
Municipal  Leagues  must  occupy  in  the  work  of  reform.  There  most 
be  a  concerted  effort  to  replace  the  apathy  and  ignorance  of  the  great 
mass  of  citizens  by  an  intelligent  and  active  interest  in  local  problems. 
The  necessity  of  permanent  organization  was  thoroughly  discuascd. 

The  Afternoon  Session  was  occupied  by  the  reading  and  discuanon 
of  a  paper  of  Professor  Jeremiah  W.  Jenks,  of  Cornell  University,  on 
"Proportional  Representation  and  Municipal  Reform." 

The  Monday  Morning  Session  (December  lo)  was  devoted  to  a  paper 
by  Professor  Edmund  J.  James,  of  the  Wharton  School  of  Finance 
and  Economy,  University  of  Pennsylvania,  on  "The  Elements  of  a 
Good  City  Charter."  In  the  introductory  portion  of  the  paper, 
Professor  James  took  occasion  to  correct  a  mistaken  impreadon  as  to 
the  purport  of  his  remarks  at  the  New  York  city  meeting  last  May. 
The  description  there  given  of  American  city  government  at  its  worst 
was  intended  for  the  city  of  New  York  under  the  Tweed  ring,  and  not 

[637] 


lyS  AnnaIvS  of  thk  American  Academy. 

in  any  sense  to  be  applied  to  Philadelphia.  On  the  contrary,  the  new 
Charter  of  1885  marked  a  notable  step  in  advance  in  our  methods  of 
city  government  The  framing  of  a  model  city  charter  is  dependent 
upon  local  conditions,  and  thus  no  hard  and  fast  rules  can  be  laid 
down  as  applicable  to  cities  in  general.  While  in  some  respects 
European  cities  stand  far  above  their  American  counterparts  as 
regards  the  efficiency  of  their  administration,  in  others,  again,  we 
can  claim  superiority.  Modern  cities  cannot  be  governed,  in  the  long 
run,  except  upon  the  basis  of  universal  suffrage,  popular  representa- 
tion and  popular  control.  This  combination  is  to  be  found  in  no 
European  city.  Their  present  form  of  administration  is  sure  to  break 
down  upon  the  introduction  of  universal  suffrage  into  their  political 
system.  As  regards  the  elements  of  a  good  city  charter,  Dr.  James 
lays  down  the  following  principles  : 

First,  "Such  a  charter  should  give  the  greatest  possible  amount  of 
self-government  to  the  community."  This  should  include  (i)  thie 
right  to  frame  its  own  charter,  (2)  independence  and  freedom  from 
State  control,  either  legislative  or  administrative,  so  far  as  purely 
local  questions  are  concerned.  Until  this  is  done,  no  opinion  can  be  ex- 
pressed upon  the  success  or  failure  of  democracy  in  city  government." 

Secondly,  "The  executive  and  legislative  authorities  of  the  city 
must  be  clearly  differentiated,  and  as  far  as  possible  vested  in  different 
bodies." 

Thirdly,  The  executive  department  should  be  organized  on  the 
sound  basis  of  permanent  civil  service  under  the  direction  of  a  mayor 
elected  by  the  people  for  not  too  short  a  term. 

Fourthly,  * '  The  legislative  body  should  consist  of  two  divisions ; 
the  most  numerous  consisting  of  representatives,  chosen  by  districts 
(wards,  etc.) ;  the  smaller  body  on  a  general  ticket  with  a  method  of 
cumulative  voting." 

With  this  truly  representative  and  democratic  form  of  government, 
the  American  cities  will  have  **  adequate  machinery  for  the  expression 
of  our  civic  life."  The  result  would  be  a  great  improvement  in  our 
<nty  governments. 

Among  the  other  speakers  at  the  meeting  were  Mr.  George  Frederick 
Elliott,  President  of  the  Law  Enforcement  Society  of  New  York  ;  Mr. 
Charles  J.  Bonaparte,  of  Baltimore ;  Mr.  W.  H.  Lightner,  of  St.  Paul ; 
Hon.  E.  J.  Blandin,  of  Cleveland  ;  Gen.  F.  C.  Winkler,  of  Milwaukee  ; 
and  Mr.  J.  H.  Dana,  of  Denver. 

The  appearance  of  a  new  monthly  journal,  devoted  to  municipal 
and  county  problems,  meets  a  want  which  has  long  been  felt  in  our 
periodical  literature.     The  first  two  numbers. of  the  Municipality  and 

[638] 


Notes  on  Municipai,  Government.  179 

County  *  contain  a  mass  of  interesting  facts  concerned  mainly  with  the 
public  works  of  various  cities  in  the  United  States. 

In  the  first  number,  the  proceedings  of  the  first  meeting  of  the 
American  Society  of  Municipal  Improvements,  which  met  in  Bufialo 
in  September  of  this  year,  are  reported.  Other  articles  deal  with  the 
water  supply  in  cities,  street  paving,  garbage  collection,  taxation,  etc. 
The  new  publication  promises  to  be  of  great  value  to  the  officials  in 
various  cities  who  are  anxious  to  obtain  information  concerning  the 
experience  of  other  localities  in  dealing  with  similar  problems,  as  well 
as  to  others  interested  in  municipal  problems. 

The  series  of  conferences  in  the  interest  of  Good  City  Government, 
held  in  New  York  City  during  the  winter  of  1893-1894,  under  the 
auspices  of  the  City  Vigilance  League,  have  proved  so  successful  in 
awakening  public  interest  in  local  questions,  that  the  Executive  Com- 
mittee has  determined  to  arrange  a  similar  program  for  present  winter. 
The  large  number  of  prominent  speakers,  including  such  men  as  the 
Rev.  Drs.  Charles  H.  Parkhurst  and  L3mian  Abbott,  Hon.  Andrew  H. 
Green,  Professors  Franklin  H.  Giddings  and  Edwin  R.  A.  Seligman, 
Richard  Watson  Gilder  and  William  Dean  Howells,  ensures  equal,  if 
not  greater,  success.  In  the  series  of  fourteen  conferences,  almost 
every  subject  relating  to  the  municipal  life  of  a  great  city  is  to  receive 
attention.  Education,  police,  taxation,  health,  transportation,  recre- 
ation and  the  various  social  problems  which  confront  New  York  City, 
will  be  treated  by  recognized  authorities  in  these  subjects.  The  Con- 
ferences are  held  on  alternate  Thursday  evenings  in  Amity  Building 
(312  West  Fifty-fourth  street).  It  is  to  movements  such  as  these  that 
we  must  look  for  the  development  of  such  an  interest  in  mtmlcipal 
affairs,  as  will  render  possible  the  solution  of  the  many  difficult  and 
complicated  problems  of  our  great  cities. 

*  Municipality  and  County— ei  monthly  journal  of  practical  information  for 
municipalities  and  counties,  and  parties  dealing  with  the  same.  A.  B.  Kellogg. 
Editor,  Niagara  Publishing  Company,  202  Main  street.  Bufialo,  N.  Y. 


I 


SOCIOLOGICAL  NOTES. 

[This  new  department  of  the  Annals  will  be  glad  to  receive  notes  on  all  topics 
that  may  be  of  interest  to  sociologists  and  persons  engaged  in  sociological  investi- 
gations in  the  broadest  acceptation  of  the  term.  It  is  not  the  purpose  of  these 
columns  to  define  the  boundaries  of  sociology,  but  rather  to  group  under  this 
heading  all  bits  of  information  that  otherwise  might  be  scattered  throughout 
various  departments  of  the  Annals  for  convenience  of  reference  to  those  members 
of  the  Academy  who  are  interested  in  any  side  of  sociological  work  or  in  social 
problems.  These  notes  will  be  representative  of  this  line  of  work  and  therefore 
of  value  in  proportion  as  members  of  the  Academy  co-operate  with  the  editor. 
Among  those  who  have  already  indicated  their  interest  and  their  willingness  to 
contribute  are  such  well-known  workers  along  sociolog^ical  lines  as  Professor 
Franklin  H.  Giddings  (Columbia  College,  N.  Y.),  Dr.  John  Graham  Brooks  (Cam- 
bridge), Mr.  John  Koren  (Boston),  Hon.  Carroll  D,  Wright  (Washington,  D.  C), 
Mr.  Robert  D.  McGonnigle  (Pittsburg,  Pa.),  President  John  H.  Finley  (Knox  Col- 
lege, Galesburg,  111.),  Miss  Emily  Green  Balch  (Jamaica  Plains,  Mass.),  Miss  M.  ^ 
Richmond  (Baltimore,  M.  D.),  and  others.] 

Theory  of  Sociology. — The  past  months  have  been  productive  of 
much  valuable  discussion  on  questions  pertaining  to  the  theory,  prov- 
ince and  scope  of  sociology.  The  appearance  of  Professor  Giddings* 
"Theory  of  Sociology  "  *  marks  a  distinctly  forward  step  in  English 
writing  on  this  subject.  It  was  intended  to  give  only  an  outline  of  the 
principles  upon  which  a  larger  and  more  complete  work  by  the  same 
author  would  be  written  in  the  near  future.  The  discussion,  however, 
of  questions  concerning  the  concept  of  utility,  the  method  and  scope 
of  sociology,  and  whether  sociology  or  political  economy  is  a  funda- 
mental science,  contains  so  clear  a  statement  of  the  definite  attitude  of 
the  author  to  them  as  to  call  forth  further  discussion  from  other 
sources.  Professor  Giddings  had  already  made  able  contributions  f  to 
sociological  literature  on  these  points. 

Another  point  of  view  from  that  presented  by  Professor  Giddings  is 
to  be  found  in  Small  &  Vincent's  "Introduction  to  the  Study  of 
Society."  t  The  authors  argue  strongly  for  the  organic  concept  of 
society,  maintaining  that  previous  advocates  of  this  position  have  been 
misunderstood.  The  book  throughout  follows  the  biologic  termi- 
nology, and  is  thoroughly  orthodox  from  the  point  of  view  of  earlier 
contributions  to  sociologic  theory. 

•  Published  as  a  supplement  to  the  Annals  for  July,  1894.    Pp.  80. 

t  Publications  of  the  American  Economic  Association,  Vol.  VI,  Nos.  i  and  2,  1891; 
Vol.  VIII,  No.  1, 1893.  ••  Ethics  of  Social  Progress."  International  Journal  of  Ethic*^ 
Vol.  Ill,  No.  2,  1893.     "  Province  of  Sociologry."    Annals,  Vol.  I,  p.  66,  July,  1890. 

\  American  Book  Co.,  New  York.    Pp.  384.    See  Professor  Giddings'  review  in  the- 
YdU  Review,  November,  1894- 

[640] 


Sociological  Notks.  i8x 

Professor  Simon  N.  Patten,  in  a  paper*  which  was  partly  in  the 
nature  of  a  review  of  Mr.  Lester  F.  Ward's  •'  Psychic  Factors  of  Civ- 
ilization," has  taken  a  decidedly  unorthodox  and  unique  stand  on 
many  fundamental  questions  pertaining  to  sociology.  He  especially 
objects  to  the  methods  pursued  by  Ward,  Spencer  and  others,  roughly 
designated  as  the  "  Biologic  School,"  in  reasoning  with  social  data  in 
terms  of  the  formulae  of  another  science.  He  maintained  that  in  so 
far  as  they  had  allowed  biologic  factors  to  account  for  social  phenom- 
ena, their  results  had  been  meagre.  His  own  view  was  indicated  but 
briefly.  He  suggested  that  economic  motives  were  sufficient  to  account 
for  social  structure,  and  that  their  analysis  and  co-ordination  in  the 
shape  of  a  study  of  race  knowledge  and  ideals,  was  the  legitimate 
road  to  success  for  the  sociologist. 

Professor  Small  notices  Professor  Patten's  views, f  as  stated  in 
another  article,  J  but  claims  that  he  has  misunderstood  the  arguments 
for  an  organic  concept.  Again,  in  a  foot-note  (p.  96),  he  says: 
'•  Professor  Patten  has  published,  under  the  title  '  Failure  of  Biologic 
Sociology,*  along  with  strong  words  of  wisdom  as  an  economist,  still 
more  startling  misconceptions  of  the  method  both  of  philosophic 
science  and  sociology." 

These  three  distinct  lines  of  thought  could  not  fail  but  to  give  rise 
to  interesting  and  valuable  discussion.  In  a  Briefer  Communication, 
entitled  "The  Beginning  of  Utility,"  in  the  September  number  of  the 
Annai^,  Professor  Patten  criticises  Professor  Giddings'  concept  of 
utility,  and  Professor  Giddings  replies  under  the  title,  **  Utility, 
Economics  and  Sociology,"  in  a  Briefer  Communication  in  the 
November  number.  In  the  latter  number,  Professor  Patten  also 
discusses  the  organic  concept  of  society  in  reply  to  Professors  Small 
and  Vincent  To  the  same  topics  was  devoted  a  day's  session  (Sep- 
tember 4)  of  the  meeting  of  the  American  Social  Science  Association 
at  Saratoga,  at  which  time  Professor  Giddings  spoke  on  "The  Relation 
of  Sociology  to  other  Scientific  Studies  ;"  Professor  G.  G.  Wilson,  of 
Brown  University,  on  "The  Place  of  Social  Philosophy  in  Education ;" 
and  Mr.  G.  E.  Vincent,  on  "  A  Scheme  of  Sociological  Study."  The 
printed  proceedings  of  the  association,  recently  issued, {  make  the 
papers  by  Professors  Giddings  and  Wilson  accessible  to  the  pnblic. 

The  present  number  of  the  Annals  contains  a  further  communica- 
tion by  Professor  Patten,  entitled  "The  Relation  of  Economics  to 

•  "  Failure  of  Biolojfic  Sociolosfy ."    Anivals.  vol.  W,  p.  919,  MEjr,  1894. 
t  '*  Introduction  to  the  Study  of  Society."    Pp.  9^  to  94. 

t  "  Place  of  University  Extension."      University  Exttnsion,  PbiUddphla,  Feb* 
ruary,  1894. 
}  November,  1894.    Pp.  192.    New  York :  G.  P.  Putnam's  Sons. 

[641] 


i82  Annai^  of  the  American  Academy. 

Sociology,"  and  he  and  Professors  Giddingrs,  Small  and  Willcox  will 
discuss  this  same  question  at  the  meeting  of  the  American  Economic 
Association  in  New  York  City.  Hardly  more  than  a  mere  reference 
to  so  numerous  and  noteworthy  a  series  of  contributions  to  sociologic 
theory  can  be  given  here.  But  no  future  student  of  sociology  can 
afford  to  neglect  this  rich  field  of  suggestion  and  thought.  It  is  hoped 
that  these  various  articles  and  papers  may  be  gathered  together  in  a 
small  volimie  at  no  distant  date  for  more  convenient  reference. 

Pennsylvania. — Association  of  Directors  of  the  Poor. — The  twen- 
tieth annual  meeting  of  the  association  was  held  at  York,  Pa.,  on 
October  9,  10  and  1 1,  1894.  This  association  has  been  very  active  in 
trying  to  secure  better  and  more  uniform  legislation  in  Pennsylvania 
for  the  management  of  public  institutions  and  for  the  treatment  of 
paupers.  Legislation  in  this  State  has  been  so  varied,  scattered  and 
bulky  in  its  nature  that  few  public  oflScials  who  are  really  conscien- 
tious can  be  sure  of  their  duties  or  whether  they  are  acting  in  con- 
formity to  law.  This  association  secured  a  legislative  commission  in 
1889  which  went  carefully  over  the  entire  ground  of  our  legislation 
and  attempted  to  codify  and  suggest  amendments.  It  was  found  that 
thousands  of  acts  of  the  Legislature  were  still  nominally  in  existence 
and  that  the  greatest  differences  in  practice  or  execution  existed  in 
different  parts  of  the  State.  The  attempt  to  codify  these  laws  and  to 
bring  the  Pennsylvania  Poor  Law  system  into  some  sort  of  unity  was 
an  impossible  task  without  the  enactment  of  a  new  general  poor  law, 
which  the  commission  recommended  in  1890.  In  the  recommendation 
for  such  a  law,  however,  the  commission  included  that  for  the  estab- 
lishment of  a  Department  of  Poor  Law  Administration  at  Harrisburg. 
This  met  with  political  opposition  in  the  Legislature  and  caused  the 
defeat  of  the  whole  measure.  The  Association  of  Directors,  however, 
which  has  been  back  of  this  agitation  from  the  beginning  is  still  hope- 
ful of  securing  a  much  needed  reform  in  Pennsylvania's  legislation. 

At  the  meeting  this  year  at  York  there  were  about  300  delegates 
present,  representing  practically  all  the  poor  districts  in  the  State 
where  there  are  almshouses,  as  well  as  children's  aid  societies,  with 
the  exception  of  the  Philadelphia  Society,  and  other  societies  of 
Western  Pennsylvania.  The  address  of  welcome  was  delivered  by 
Hon.  J.  W.  Bittenger,  President  Judge  of  York  County.  A  very  prac- 
tical and  much  appreciated  paper  on  "  Almshouse  Management"  was 
read  by  John  W.  Byers,  superintendent  of  the  Mercer  County  Alms- 
house. Mr.  J.  W.  Hannah,  a  Fellow  of  Columbia  College,  read  a 
paper  on  the  "Distribution  of  Pauperism  and  Crime  Among  the 
Elements  of  our  Population,"  which  showed  great  research,  and  pre- 
sented the  matter  in  a  practical  way.     His  paper  is  a  very  valuable 

[642] 


Sociou)GicAi.  Notes.  183 

addition  to  the  general  literature  on  this  topic.  Dr.  Myers,  of  York, 
presented  a  paper  on  "  Epileptics,"  and  advised  that  proper  steps  be 
taken  to  provide  for  this  class  of  dependents.  Mr.  Robert  D. 
McGonnigle,  secretary  of  the  association,  presented  the  report  of  the 
committee  appointed  at  last  year's  meeting  to  look  into  the  matter  of 
the  site  selected  for  the  Western  Pennsylvania  Institution  for  the 
Feeble  Minded.  The  report  showed  clearly  that  the  site  was  not 
properly  located  for  the  work  it  was  intended  to  do,  and  after  consider- 
able discussion  the  committee  was  instructed  to  present  the  matter  at 
the  next  meeting  of  the  legislature  with  a  view  to  having  the  site 
changed,  if  possible.  Mr.  McKnight,  of  Luzerne  County,  presented 
an  interesting  paper  on  the  "  Remedy  to  Prevent  Pauperism."  Mr. 
Bridenbaugh,  of  Blair  County,  read  a  paper  on  "Out-door  Relief.** 
Dr.  Walk  presented  an  account  of  the  relief  work  in  Philadelphia  la.«Jt 
winter ;  George  Linderman  presented  a  similar  paper  on  the  same 
work  done  in  Pittsburg.  The  work  of  the  association  having  de- 
veloped so  largely,  it  was  decided  to  change  the  name  from  the 
••  Association  of  Directors  of  the  Poor  of  Pennsylvania  "  to  the 
'^Association  of  Directors  of  the  Poor  and  Charities  of  Pennsylvania.** 
This  will  embrace  all  the  charities  in  the  State,  public  and  private,  and 
will  be  the  means  of  having  a  larger  attendance  and  increased  mem- 
bership.  Hon.  W.  A.  Stone,  member  of  Congress  from  the  Twenty- 
fourth  District,  delivered  a  very  interesting  address  on  '*  Immigration," 
and  urged  the  importance  of  having  proper  laws  passed  to  prevent  the 
immigration  of  paupers  or  dependents.  Mr.  Stone  is  author  of  a  bill 
looking  to  this  end  which  has  passed  the  House,  which  provides  for  a 
consular  inspection  and  certificate  of  the  United  States  Consul  from 
the  territory  from  which  the  emigrant  comes.  The  association  passed 
a  strong  resolution  endorsing  the  bill,  and  urging  its  passage.  Dr.  W. 
Brown  Ewing,  superintendent  of  the  Wemersville  Hospital,  and  Dr. 
Wetherill,  secretary  of  the  Committee  on  Lunacy,  were  both  on  the 
program  for  addresses,  but  failed  to  respond.  Mr.  Gould,  of  Erie^ 
presented  the  new  poor  law  as  revised  by  the  committee  appointed  at 
the  Williamsport  meeting  to  do  this  work.  The  Committee  on  Legis- 
lation were  instructed  to  press  its  passage  at  the  next  session  of  the 
legislature.  A  resolution  was  oflfered  providing  for  the  creation  of  a 
Department  of  Charities  and  Corrections  at  Harrisburg,  to  assume  the 
duties  now  devolving  on  the  Board  of  Public  Charities  and  Committee 
on  Lunacy.  This  method  of  super\'ising  the  charities  and  correction*, 
it  is  thought,  would  be  much  more  eflScient  than  the  one  now  in  exist- 
ence. The  resolution  was  ordered  printed,  and  will  be  considered  at 
the  next  meeting.  Information  has  been  received,  however,  that  snch 
an  act  will  be  presented  and  pressed  at  the  next  seaaion  of  the  legislature. 

[643] 


1 84  Annai^  of  the  American  Academy. 

There  is  considerable  feeling  in  regard  to  the  present  organi- 
zation of  the  Board  of  Public  Charities,  and  this  objection  is  not 
without  some  reasonable  ground  for  complaint.  Out  of  the  total 
membership  of  the  board  (eleven),  there  are  but  two  from  the  territory 
west  of  the  Susquehanna  ;  one  of  them  is  a  resident  of  a  county  that 
has  no  institution  in  its  borders — Allegheny  County— and  adjacent 
counties  support  institutions  that  receive  possibly  jj^yoo.ooo  from  the 
State,  and  are  deprived  of  representation  on  the  board,  and  they 
naturally  feel  that  their  interests  have  not  been  considered  as  they 
should  be.  The  proposed  department  would  represent  the  whole 
State,  without  regard  to  east  or  west.  The  ladies  representing  the 
various  children's  aid  societies  held  their  meeting  on  Wednesday 
evening  apart  from  the  general  meeting,  and  quite  a  number  of 
interesting  papers  were  read,  and  action  taken  looking  to  the  increas- 
ing of  the  efficiency  of  their  work. 

Massachusetts. — Labor  Bureau. — Mr.  Horace  G.  Wadlin,  Chief  of 
the  Bureau,  gave  notice  on  November  7  that  a  limited  number  of 
copies  of  the  Twenty-fourth  Annual  Report  (1893),  including  an  ex- 
ceedingly valuable  report  on  Unemployment,  which  embodies  some 
summary  of  the  results  from  a  very  thorough  French  report  *  and  also 
of  the  lucid  and  full  English  report  f  of  Mr.  H.  Ivlewellyn  Smith, 
Commissioner  of  Labor  of  the  English  Board  of  Trade,  and  also  of 
the  Annual  Reports  for  1889,  1891  and  1892  and  the  volumes  of  An- 
nual Statistics  of  Manufactures  for  1890,  189 1,  1892  and  1893  are  still 
on  hand  and  will  be  sent  by  express,  collect  on  delivery,  or  by  post, 
to  those  first  applying,  provided  postage  is  forwarded.  The  high 
standard  of  work  done  by  the  Massachusetts  Labor  Bureau  makes 
these  reports  very  desirable  acquisitions  to  the  library  of  any  inter- 
ested in  the  subjects  of  which  they  treat. 

Unemployed. — ^The  board  to  investigate  the  subject  of  the  unem- 
ployed, ordered  to  be  appointed  by  the  last  legislature,  composed  of 
Professor  D.  R.  Dewey,  of  the  Massachusetts  Institute  of  Technology; 
Mr.  D.  F.  Moreland  and  Mr.  Haven  C.  Perham,  with  its  headquarters 
in  the  Commonwealth  Building,  11  Mt.  Vernon  street,  Boston,  has  been 
making  very  extensive  investigations  of  the  extent  and  methods  of 
relief  of  unemployment  outside  the  borders  of  Massachusetts,  as  well 
as  vrithin  that  State.  The  Ohio  Employment  Bureaux  have  been 
studied,  likewise  the  French  ones.  The  special  work  of  the  various 
Relief  Committees  of  last  winter  and  all  foreign  experience  has  been 

^" Le  placement  des  employis,  ouvriers  et  domestiqties  en  France,  son  histoire,  son 
itat  actuel."  Office  du  travail.  Ministere  du  commerce  et  de  I'industrie.  Paris, 
1893. 

t "  Agencies  and  Methods  for  Dealing  with  the  Unemployed." 

[644] 


Socioi^oGicAL  Notes.  185 

examined.  A  very  valuable  report  on  the  subject  may  be  expected. 
The  first  part  of  the  report  will  probably  be  presented  to  the  legi»- 
'ature  in  January  and  the  final  report  in  March. 

Liquor    Problem. — New  Norwegian  Law. — ^The  new  Norwegian 

:  juor  law  of  July  24,  1894,  is  of  special  interest,  not  only  becauM  it 

ccures  the  permanency  and  materially  enhances  the  efficacy  of  the 

"company  system,"  or  liquor  selling  without  private  profits,  but  aljo 

because  it  is  purely  a  development  of  earlier  legislation,  in  conformitj 

with  the  demands  of  an  advanced  temperance  sentiment. 

The  reform  liquor  legislation  in  Norway  dates  back  to  1845,  when 
both  the  production  and  sale  of  spirits  was  effectually  restricted  with 
a  view  of  lessening  the  consumption  of  drink.  The  new  measures 
adopted  in  subsequent  years  skillfully  paved  the  way  for  a  complete 
revolution  of  the  traffic.  When  the  law  of  187 1  was  passed,  giving 
the  towns  and  cities  the  right  to  grant  a  monopoly  of  the  retail  trade 
in  distilled  spirits  to  companies  pledged  to  conduct  the  traffic  in  the 
interests  of  temperance,  the  vast  change  involved  was  effected  without 
disturbance.  Except  in  a  few  cases,  the  privileges  of  private  dealers 
had  not  been  recognized  as  vested  rights.  Partly  in  consequence  of 
this,  no  formidable  moneyed  opposition  from  the  liquor  element  had  to 
be  encountered,  as  was  the  case  in  Sweden.  Nor  had  the  trade  interest 
been  suffered  to  become  a  political  factor.  The  dealers  were  simply 
dispossessed  and  the  control  of  the  traffic  assumed  by  companies  de- 
prived by  law  of  all  selfish  interest  in  the  sale  of  intoxicants.  But 
even  at  this  early  date,  the  defects  of  the  existing  laws  were  plainly 
perceived.  The  distillers  and  merchants  could  still  indulge  in  a  per- 
nicious wholesale  traffic,  which  was  untaxed.  The  company  monopoly 
did  not  embrace  the  sale  of  fermented  drinks,  and  the  potential  tem- 
perance sentiment  in  the  different  communities  was  not  allowed  full 
expression.  On  the  other  hand  it  was  equally  well  recognized  that  a 
test  of  the  new  system  must  precede  further  changes,  and  that  aoch 
would  be  useless  unless  fully  supported  by  public  opinion. 

The  new  law  marks  on  the  whole  a  distinct  forward  step.  The 
wholesale  limit  has  been  raised  from  40  to  250  liters,  and  a  monopoly 
of  all  sale  of  spirituous  liquors  practically  secured  for  the  companies. 
No  company  can  be  established  except  on  tlie  vote  of  all  taxpaying 
men  and  women,  over  twenty -five  years  of  age.  This  local  option 
measure  is  very  conservative  and  strives  to  guard  against  a  hasty  intro- 
duction of  local  prohibition  where  conditions  are  not  ripe  for  it. 
Commercial  agents  are  prohibited  from  soliciting  orders  for  liquors 
from  private  persons,  and  the  duties  are  in  the  main,  prohibitive. 

While  the  companies  are  more  and  more  acquiring  control  of  the 
sale  of  fermented  drinks,  it  was  deemed  unwise  as  yet,  to  grant  them 

[645] 


1 86  Annai^  of  the  American  Academy. 

a  complete  monopoly  of  this  traffic  ;  but  it  is  only  a  question  of  time 
when  this  will  be  done. 

A  noteworthy  change  has  been  wrought  relative  to  the  distribution 
of  the  net  earnings  of  the  companies.  Formerly,  the  whole  amount 
was  expended  by  the  shareholders  in  conjunction  with  the  local 
authorities  for  objects  of  public  utility.  This  method  involved  a 
temptation  to  increase  the  sales  for  the  sake  of  the  additional  revenue 
accruing  to  the  communities,  as  the  objects  of  public  utility  subsidized 
were  not  infrequently  of  a  distinctly  communal  character.  Now,  the 
companies  are  only  permitted  to  retain  twenty  per  cent  of  the  net 
profits,  to  be  expended  for  total  abstinence  societies  and  other  institu- 
tions of  philanthropic  nature  ;  fifteen  per  cent  go  to  the  municipality, 
and  is  in  lieu  of  the  former  tax  on  consumption  which  was  retained 
by  it,  and  the  remaining  sixty-five  per  cent  to  the  State  treasury,  to 
constitute  a  fund  for  the  insurance  of  working  people  and  aged 
persons. 

It  is  estimated  that  as  a  result  of  the  new  law — lack  of  space  for- 
bids an  enumeration  of  many  of  its  provisions — ^the  consumption  of 
distilled  spirits  will  annually  be  reduced  by  at  least  twenty  per  cent. 
The  new  Norwegian  legislation  is  in  advance  of  that  of  both  Sweden 
and  Finland  and  exhibits  the  best  development  of  the  company  prin- 
ciple. 

Yale  University. — Instruction  in  History  and  Political  Science. 
Some  interesting  statistics  which  may  serve  to  indicate  the  growing 
interest  in  the  social  sciences  are  to  be  found  in  the  Yale  Review  for 
November.  Ten  years  of  a  partial  and  finally  complete  elective 
system  show  a  growing  demand  at  Yale  for  history  and  political  science 
at  the  expense  of  modern  languages  including  English  while  natural 
and  physical  science  has  about  held  its  own.  There  are  tables  to  show 
that  \h^ general  interest  in  the  social  sciences  has  grown  as  well  as  a, 
special  interest  on  the  part  of  those  devoting  a  large  share  of  theii 
time  to  these  subjects. 

Comparing  the  Class  of  1894  with  the  Class  of  1886  for  the  Juni< 
and  Senior  years,  we  find  that  five  per  cent  more  history  and  fourteei 
per  cent  more  political  science  courses  were  chosen  by  the  Class  of 
1894,  while  the  same  class  chose  four  per  cent  less  Knglish,  elevei 
per  cent  less  of  modem  languages  and  two  per  cent  less  mathematics.^ 
Such  conditions  of  afiFairs  have  caused  corresponding  changes  in  th« 
growth  of  the  instruction  given.     Comparing  the  Classes  of  '94  anc 
'86  again,  the  former  received  150  per  cent  more  instruction  in  political 
science,  forty-three  per  cent  more  in  history  and  thirty  per  cent  more 
in  modem  languages  other  than  English,  twenty-two  per  cent  less 
instruction  in   English,  twenty-one  per  cent  less  in  mathematics, 

[646] 


Socioi,oGicAi,  Notes.  187 

seventeen  per  cent  less  in  ancient  languages  and  eleven  per  cent  less 
in  mental  and  moral  philosophy. 

College  Settlements.— Ti^^  Fifth  Annual  Report  of  the  College 
Settlements*  Association,*  containing  the  reports  of  the  three  Ladies' 
Settlements  in  Boston,  New  York  and  Philadelphia,  respectively,  which 
are  under  the  care  of  or  assisted  by  this  association,  indicates  to  some 
extent  the  interest  in  slum  work  and  its  tendencies.  Reports  can  be 
obtained  from  Miss  C.  L.  Williamson  (3230  Michigan  Ave.,  Chicago), 
the  secretary  of  the  association,  or  on  application  to  the  settlements 
direct  (New  York,  95  Rivington  St.;  Philadelphia,  617  Carver  St; 
Boston,  93  Tyler  St.). 

The  association  is  a  national  union  of  college  women  formed  ia 
1890,  after  its  leading  spirits  had  already  made  a  start  in  the  New  York 
Settlement,  with  chapters  in  the  leading  women's  colleges  and  many 
members  among  both  graduates  and  undergraduates  who  contribute 
money  and  work  looking  to  the  equipment  and  advancement  of  the 
work  at  the  settlement.  The  association  with  over  800  members 
raised  last  year  (fiscal  year,  September,  1893,  to  September,  1894)  nearly 
I4700  from  membership  fees  and  |iooo  more  from  donations  for  fellow- 
ships and  other  purposes.  From  the  association's  funds  a  regular 
annual  appropriation  of  I3000  goes  to  the  New  York  Settlement  which 
covers  only  about  three-eighths  of  the  cost  of  the  work  in  that  city  ; 
|6oo  goes  to  the  Philadelphia  Settlement  and  |6oo  to  the  Boston 
Settlement — in  both  cases  only  a  small  part  of  the  cost  The  general 
association  and  the  three  settlements  spent  together  on  this  work  last 
year  about  $20,000.  A  new  feature  of  last  year's  work  was  some 
rehef  work  necessitated  by  the  hard  times.  That  this  was  done  in 
most  cases  much  more  wisely  than  that  done  by  the  public  at  large 
may  be  inferred  from  Miss  Helena  S.  Dudley's  detailed  report  f  of  the 
work  done  in  Boston.  The  fellowsliips  yielding  I300  each  are  held 
by  those  studying  special  problems ;  much  faithful  labor  has  been 
spent  by  those  who  held  these  fellowships  in  good  scientific  work  and 
the  results  should  be  made  public.  The  subjects  studied  last  year 
were  (i)  "Receipts  and  Expenses  of  Wage  Earners  in  the  Garment 
Trades,"  by  Miss  Eaton ;  (2)  "  The  Obstacles  to  Sanitary  Living  Among 
the  Poor,"  by  Miss  Woolfolk,  and  (3)  "Diseases  and  Accidents  Inci- 
dent to  Occupations,"  by  Miss  Woods.  The  results  of  these  inquiries 
are  presumably  in  the  hands  of  Miss  M.  A.  Knox,  Chairman  of  Com- 
mittee on  Fellowships,  Wellesley  College,  Mass. 

Hull  House  in  Chicago  expects  soon  to  publish  a  book  entitled 
'•Hull  House  Maps  and  Papers."     It  will  contain  many  sociological 

♦Pp.  49.    Philadelphia,  1894, 

t  Published  in  the  AimAi.8  for  November,  1894.    Vol.  iv,  p.  377* 

[647] 


1 88    Annai^  of  ths  American  Academy. 

maps  which  are  being  carefully  prepared  to  show  population,  the 
nationality  of  the  people  by  colors  and  a  schedule  of  wages,  showing 
the  family  income  by  the  week — all  to  be  set  forth  in  colored  maps. 
Hull  House  in  addition  to  its  regular  work  this  winter  is  making 
some  experiments  in  a  co-operative  enterprise  and  trying  to  establish 
a  women's  wayfarers'  lodge  where  employment  will  be  furnished  to 
those  in  temporary  need  of  shelter.  An  attempt  will  be  made  also  to 
open  in  the  business  portion  of  the  city  a  club-room  and  restaurant 
for  the  accommodation  of  people,  living  in  the  neighborhood  of  Hull 
House,  but  having  business  connections  down  town.  The  building  is 
located  near  the  Art  Institute,  and  it  is  intended  to  furnish  certain 
facilities  to  members  of  this  Institute  now  resident  in  Hull  House 
neighborhood.  The  parlors  will  be  used  for  giving  popular  lectures 
on  the  University  Extension  plan,  during  the  noon  time  for  rest  and  will 
also  furnish  meeting  rooms  for  certain  of  the  trades-unions. 

Charities. —  The  report  of  the  Twenty-first  National  Conference  oi 
Charities  and  Correction  has  recently  appeared,  and  while  it  is  not  as 
encyclopaedic  in  character  as  that  of  the  Chicago  Conference,  it  con- 
tains much  of  interest  The  conference  was  held  in  May  at  Nashville, 
Tenn.  Charity  Organization  in  large  cities  was  reported  upon  by  Dr. 
J.  W.  Walk,  of  Philadelphia,  and  its  peculiar  test  during  the  period 
of  distress  last  winter  was  discussed.  Professor  Will  cox,  of  Cornell, 
presented  a  paper  on  the ' '  Relation  of  Statistics  to  Social  Science,  *  *  and 
Mr.  W.  D.  Fulcomerhasapaperon  "Sociology  in  Institutions  of  Learn- 
ing," in  which  he  predicts  that  sociology  will  be  the  leading  study  in 
all  colleges  at  the  beginning  of  the  twentieth  century.  The  next  con- 
ference will  be  held  in  New  Haven,  Conn.,  in  May,  1895. 

Reports  of  the  relief  work  of  last  winter  in  various  cities  have  ap 
peared  in  rapid  succession.  A  brief  summary  of  the  work  done  in  some 
thirty  cities  and  counties  is  to  be  found  in  the  printed  proceedings  of 
the  American  Social  Science  Association,  but  a  full  review  and  a  dis- 
cussion of  the  significance  of  the  work  and  its  results  remains  to  be 
written.  There  is  material  for  a  valuable  study  in  the  detailed  reports 
of  the  Baltimore,  Boston,  New  York,  Philadelphia  and  Pittsburg  Com- 
mittees alone. 

The  Social  Science  Department  of  the  Civic  Club  of  Philadelphia 
has  decided  to  issue  as  soon  as  possible  a  new  directory  and  manual 
of  Philadelphia  Charities.  No  complete  publication  of  this  kind  has 
appeared  in  Philadelphia  since  the  manual  published  by  the  Charity 
Organization  Society  in  1879. 

The  Charity  Organization  Society  of  New  York  City  has  met  a  much 
needed  want  in  keeping  open  a  night  oflSce,  which  is  open  Sundays 
4md  weekdays  until  midnight.     Persons  who  believe  in  the  Charity 

[648] 


Socioix)GicAi,  Notes.  189* 

Organization  Society  principle  of  giving  no  relief  until  investigation 
is  made  are  often  embarrassed  by  applicants  who  ask  help  on  the  street 
or  at  one's  house  in  the  evening.  To  give  a  card  to  the  superintendent 
of  the  local  Ckdrity  Organization  Society  seems  useless,  as  the  appli- 
cant  is  usually  in  immediate  need  of  food  and  lodging,  and  there  is 
nothing  left  but  to  send  him  to  a  wayfarers'  lodge  if  such  exists  in 
the  community,  and  perhaps  even  then  he  will  find  no  room.  The 
average  number  of  applications  at  the  night  office  of  the  New  York 
Society  (in  May  the  average  per  night  was  fourteen;  June,  nine;  July, 
five;  August,  seven;  September,  eight,  and  October,  ten,  undoubtedly 
the  figures  for  the  winter  months  will  be  larger)  suggest  the  advisabil- 
ity of  some  experiment  in  this  line  in  other  places.  No  effort  is  too 
great  to  place  Charity  Organization  principles  beyond  reproach. 

The  Provident  Loan  Society  of  New  York  has  now  been  in  operation 
for  many  months  and  is  conducting  along  very  conservative  lines,  but 
it  is  believed  to  be  doing  a  good  work  among  the  needy  poor  who 
can  often  best  be  helped  by  temporary  loans  on  an  honest  andjnoderate- 
charge  basis  which  cannot  always  be  had  from  pawnbrokers.  In  the 
first  five  months  of  its  existence  the  New  York  Society  loaned  |i64,ooo 
in  amounts  averaging  I15.25  per  person.  Over  2000  borrowers  have 
already  redeemed  their  pledges,  the  amount  loaned  being  over  147,000. 
The  usefulness  of  this  society  can  doubtless  be  extended  when  its  work 
is  better  organized  by  less  conservatism  in  the  character  of  pledges 
(now  only  articles  of  small  bulk  and  easily  handled  are  taken)  required 
and  perhaps  in  the  limits  in  amounts  loaned. 

A  Philadelphia  Loan  Society  has  been  organized  and  over  ^5,000- 
subscribed  in  stock.     Its  plans  are  sketched  in  a  special  report  by  Mr. 
Rudolph  Blankenburg  on  schemes  for  lending  and  borrowing  money, 
embodied  in  the  Report  for  1893-94  of  the  Citizens'  Permanent  Relief 
Committee. 

Miss  Emily  Greene  Batch,  A.B.^  whose  monograph  on  public  assist- 
ance of  the  poor  in  France*  was  welcomed  last  year,  has  started  a  course 
of  sixteen  Satu'-day  morning  lectures  in  Boston  on  '*  Crime  and  Paup- 
erism." In  addition  to  these  public  lectures  a  class  meets  on  Fridays 
for  the  reading  of  papers  and  holding  of  discussions  for  those  who 
may  be  willing  to  give  at  least  two  hours  a  week  to  outside  study  and 
to  prepare  at  least  one  original  paper.  This  is  an  excellent  opportunity 
for  persons  identified  with  charitable  work  to  prepare  themselves  for 
greater  efficiency.  The  real  meaning  and  bearing  of  many  of  the 
problems  of  practical  charity  work  are  not  realized  by  young  students, 
not  even  always  by  those  in  college,  and  if  more  classes  of  this  sort 

•  PubUcation  of  the  American  Economic  AuociaUon.  VoL  Vm,  No*.  4  snd  5.  J«Jy 
and  September,  1893.    Pp.  179.    Price  Ji.oo,  Ithaca.  N.  Y. 

[649] 


igo  Annals  of  the  American  Academy. 

were  organized  by  competent  persons  in  all  our  large  cities  and  those 
actually  working  in  public  and  private  charities  could  be  induced  to 
devote  some  time  to  systematic  study  of  underlying  principles  and  the 
work  in  other  places,  much  good  may  be  accomplished. 

A  praiseworthy  effort  has  just  been  made  in  Baltimore  to  bring  the 
expensive  luxury  of  good  music  well  rendered  within  the  reach  of  all 
who  care  for  it.  Much  effort  has  been  made  to  arrange  a  popular  series 
of  organ  and  voice  recitals  at  a  cost  of  ten  cents  each.  Attractive  pro- 
grams of  the  best  class  of  music,  giving  historical  notes  on  the  com- 
posers and  references  to  books  (with  numbers)  in  the  Pratt  Library, 
were  issued,  and  tickets  placed  on  sale  in  all  the  large  factories  and 
places  where  the  working  people  were  to  be  found.  It  is  too  soon  to 
speak  of  results,  but  there  have  been  many  indications  of  appreciation 
from  the  right  quarters. 

Department  of  Labor,  Washington,  D.  C. — The  last  report  \ssvlq6.  by 
the  department  is  its  ninth  annual  one,  and  is  a  comprehensive  dis- 
cussion of  the  building  and  loan  associations  of  the  United  States. 
The  report  on  the  slums  of  the  large  cities  which  has  been  much  com- 
mented upon  by  the  press,  to  which  advance  sheets  were  issued,  is 
still  in  the  printer's  hands,  but  will  be  ready  for  public  distribution  in 
the  near  future.  Dr.  B.  R.  Gould's  report  on  the  housing  of  the  poor, 
which  is  a  valuable  compendium  of  existing  conditions  both  in  this 
country  and  in  Europe,  is  now  going  through  the  last  stages  of  verifi- 
cation, and  will  be  presented  to  Congress  as  soon  as  possible.  It  may 
be  ready  for  public  distribution  in  March. 

The  United  States  Strike  Commission,  of  which  Mr.  Carroll  D. 
Wright,  Chief  of  the  Labor  Department,  was  chairman,  has  reported 
on  the  Chicago  strike  to  Congress,  but  the  report  has  not  been  sep- 
arately printed  as  yet.  Request  for  copies  should  therefore  be  ad- 
dressed to  members  of  Congress. 


CURRENT  BIBUOGRAPHY. 

Four  volumes  of  the  proceedings  of  the  International  Congress  of 
Charities,  Correction  and  Philanthropy  at  Chicago  in  1893  have  been 
issued  by  the  Johns  Hopkins  Press,  Baltimore.  These  with  the  re- 
maining volumes  to  be  issued  will  form  a  veritable  encyclopaedia  of 
information  on  these  topics  of  the  most  valuable  kind,  because  it  has 
been  gathered  from  so  many  able  sources.  The  volumes  now  in  print 
are: 

"The  Organization  of  Charities."  Edited,  with  an  introduction,  by 
Danibl  C.  Oilman,  President  of  Johns  Hopkins  University.  Cloth. 
Pp.  319.     Baltimore,  1894. 

[650] 


Sociological  Notes.  191 

"Hospitals,  Dispensaries  and  Nursing."  Edited  by  Drs.  John  S. 
BiLUNGS  and  HENRY  M.  HuRD.     Cloth.     Pp.  719.     Baltimore,  1894. 

•'The  Public  Treatment  of  Pauperism."  Edited  by  John  H.  Fin- 
ley,  President  of  Knox  College.     Cloth.     Pp.  319.     Baltimore,  1894. 

"Sociology  in  Institutions  of  Learning."  Edited  by  Dr.  Amos  G. 
Warner.     Paper.     Pp.  127.     Baltimore,  1894. 

"Strategic  Points  in  Christian  Sociology,"  by  Wii^bur  F.  Crafts, 
is  the  title  of  a  twenty-five-page  pamphlet  reprinted  from  Our  Day 
for  May  and  June,  1894.  It  is  intended  as  a  suggested  course  of  study 
for  sociological  circles,  clubs  or  institutes.  Though  decidedly  a  special 
pleader  for  one  and  only  one  method  or  way  of  approach  for  the  study 
of  society,  Mr.  Crafts  is  often  very  suggestive  in  his  outlines.  His 
bibliographical  references,  which  are  not  very  complete  or  satisfactory, 
seem  to  indicate  that  he  has  special  social  problems  mostly  in  view, 
though  his  discussion  often  suggests  much  thought  upon  questions  of 
social  evolution  and  structure. 

Recent  foreign  publications  in  book  form  of  special  interest  to 
students  of  sociology  are  : 

*'Les  regies  de  la  mHhode  sociologique,*'  par  Emilb  Dxjrkhbim. 
Paris,  1895.     F^lix  Mean.     Pp.  186.     Price,  2  fr.  50. 

*'Les  Gaspillages  des  socikUs  modemes,'''  par  J.  Novicow.  1894. 
Paris  :  F^lix  Alcan.     Pp.  344.    Price,  5  fr. 

''La  CriminaliU politique,'"  par  Louis  Proal.  Paris,  1895.  F^ix 
Alcan.     Pp.  307.     Price,  5  fr. 

''La  vie  sociale—La  morale  et  le  progr^s,''  par  JutiEN  Pioger. 
Paris,  1894.     F^lix  Alcan.     Pp.  256.     Price,  5  fr. 

"La  logique  sociale,''  par  G.  Tarde.  Paris,  1895.  F61ix  Alcan. 
Pp.  464- 

'  'Der  Central-  Verein  fur  das  IVohl  der  arbeitenden  Klassen  in  jo 
jdhriger  Thatigkeity  Beriin,  1894.  L.  Simion.  Pp.  56.  Price. 
I  mark. 

"Auguste  Comte  und  seine  Bedeutung  fur  die  Entwicklung  der 
Socialwissenschafty  von  Heinrich  Waentig.  Leipzig.  ^94. 
Dunker  und  Humblot     Pp.  393.  ▼ 

Among  the  recent  magazine  articles,  the  following  may  be  men- 
tioned : 

"  Report  of  the  Labor  Commission."  L.  L.  PRICE ;  "Mr.  Charles 
Booth  on  the  Aged  Poor."  C  S.  LoCH.  Economic  Journal^  Lon- 
don, September,  1894. 

"Fundamental  Beliefs  in  my  Social  Philosophy,"  R.  T.  Ely; 
"  Ely's  ♦  Socialism  and  Social  Reform,'  "  A.  T.  Hadley  ;  '•The  Con- 
tented  Masses,"  OCTAVE  Thanet.  Forum,  New  York,  October. 
1894. 

[651] 


192  Annaxs  of  the  American  Academy. 

"  Luxury,"  Henry  Sidgwick  ;  "Limits  of  Individual  and  National 
Self-Sacrifice,"  F.  H.  Bradi^by  ;  •'Women  in  the  Community  and 
in  the  Family,"  Mary  S.  Gii,i,ii,and.  International  Journal  of 
Ethics,  Philadelphia,  October,  1894. 

"Lectures  on  Social  Pathology,"  by  Dr.  J.  W.  \Vai,k.  University 
Extension,  Philadelphia,  September,  1894. 

"Removal  of  Children  from  Almshouses,"  by  Homer  Foi^ks. 
Lend  a  Hand,  Boston,  September,  1894. 

"The  Significance  of  Modern  Poverty,"  by  W.  H.  Mai,i,ock. 
North  American  Remew,  New  York,  September,  1894. 

"Assimilation  of  Nationalities,"  by  Richmond  Mayo-Smith. 
Political  Science  Quarterly,  New  York,  September,  1894. 

"The  Charities  of  New  York,"  by  John  P.  Ritter.  Social 
Economist,  New  York,  September,  1894. 

"French  Prisons  and  Their  Inmates. "  Kd.  R.  Spearman.  Con- 
temporary Review,  London  and  New  York,  October,  1894. 

"Church  vs.  State  in  Concerns  of  the  Poor."  M.  O'Riordan. 
Catholic  World,  New  York,  November,  1894. 

"The  Report  of  the  Labour  Commission."  Edifiburgh  Review, 
London  and  New  York,  October,  1894. 

"The  Temperance  Problem:  Past  and  Future."  K.  R.  Gould. 
Forum,  New  York,  November,  1894. 

"  The  New  Sociological  Revival."  L.  J.  Janes.  Social  Economist, 
New  York,  November,  1894. 

* '  Are  the  Italians  a  Dangerous  Class  ?  "  I.  W.  Howerth  ;  * '  Charity 
Organization  and  Labor  Bureaus."  J.  H.  Hysi^op.  Charities  Re'\ 
view,  Galesburg,  111. ,  and  New  York,  November,  1894. 

**  Les projets  de  rtglementation  du  contrat  de  travail  en  Belgique,^*\ 
par  M.  Ch.  Dejace  ;  ''  LHfistittction  des  Mens  de  fa^nille  en  Italic,^* 
par  M.  Santangei,o  Spoto.  Reforms  Sociale,  Paris,  November] 
I,  1894. 

*^  Rapport  sommaire  sur  les  travaux  de  la  sociStS  Beige  d^iconomit 
sociale  pendant  sa  13*  session,''  par  M.  Victor  Brants.    Reforme^ 
Sociale,  Paris,  November  16,  1894. 


MARCH.  ZS95. 

ANNALS 

OF  THE 

AMERICAN  ACADEMY 

OP 

POLITICAL  AND  SOCIAL  SCIENCE. 


ELECTED    OR    APPOINTED    OFFICIALS? 
A  CANADIAN  QUESTION. 

I. 

The  subject  to  which  I  am  about  to  direct  the  attention  of 
the  members  of  the  Academy  is  not  simply  a  question  in 
which  the  Canadian  people  alone  have  a  deep  interest.  On 
the  contrary  I  think  I  shall  be  able  to  show,  before  I  have 
concluded  my  argument,  that  it  necessarily  brings  up  con- 
siderations affecting  the  political  system  of  the  United  States, 
and  is  consequently  of  much  importance  to  all  who  are  in- 
terested in  the  problems  of  government,  federal,  state  and 
municipal,  on  this  continent,  and  are  endeavoring,  with 
patriotic  zeal,  to  reach  a  solution  that  will  remove  many 
difficulties  and  evils  that  are  now  deeply  injurious  to  the 
working  of  democratic  institutions. 

Some  months  ago  the  government  of  the  Province  of  0:i- 
tario,  which  comprises  nearly  one-half  of  the  total  population 
of  the  Dominion,  and  is  in  every  way  the  most  wealthy  and 
influential  section  of  the  federation,  appointed  an  important 
commission,  composed  of  one  of  the  ablest  judges  of  the 
Canadian  bench,   Mr.    Chancellor  Boyd,  of  the  Honorable 

[653] 


2  Annals  of  the  American  Academy. 

John  Beverly  Robinson,  late  lieutenant-governor,  and  of  three 
other  gentlemen  of  less  national  repute,  but  chosen  from  their 
knowledge  of  county  and  municipal  affairs.  The  object  of 
this  commission  is  to  consider  the  best  mode  of  appoint- 
ing and  paying  a  certain  class  of  provincial  officials.  Its 
significance  lies  in  the  fact  that  it  indicates  the  existence 
of  a  disturbing  element  in  the  province,  having  in  contempla- 
tion a  change  in  the  present  mode  of  nominating  and 
appointing  public  officers  by  the  crown  or  lieutenant-gov- 
ernor on  the  advice  of  his  constitutional  council;  that  is  to 
say,  by  the  cabinet  or  ministry,  who  are  responsible  at  once 
to  the  crown  and  to  the  legislative  assembly  in  which  they 
have  seats,  and  by  whose  support  only  they  can  retain  office. 
An  agitation  has  been  commenced  which  has,  happily,  not 
extended  beyond  a  very  limited  area  of  influence  in  this  one 
province,  to  make  certain  appointments  elective,  as  in  the 
United  States,  or  else  give  them  to  the  municipal  councils  of 
the  counties.  This  agitation  has  obtained  a  slight  headway 
by  the  fact  that  it  is  fostered  by  a  few  politicians  who  have 
either  not  given  the  subject  the  least  reflection,  or  felt  they 
can  gain  an  evanescent  political  advantage  by  concurring  in 
the  opinions  that  appear  to  be  entertained  in  some  rural  con- 
stituencies where  sound  principles  of  political  science  are  not 
well  understood,  or  where  the  hope  of  obtaining  control  of  a 
few  important  public  offices  has  outweighed  those  consider- 
ations of  sound  public  policy  and  public  interest  which  lie  at 
the  foundation  of  the  present  system  of  appointments.  A1-; 
though,  as  I  have  already  said,  the  movement  is  not  sup- 
ported by  any  large  section  of  people — indeed,  the  inquiry 
before  the  commissioners  fully  proves  that  fact — still  the 
existence  of  the  commission  gives  a  positive  gravity  to  the 
subject  which  otherwise,  possibly,  it  would  not  have,  and 
renders  it  necessary  that  all  those  who  value  the  welfare  of 
the  community — for  its  w^elfare  is  obviously  involved  in  its 
conditions  of  government — should  seriously  consider  the 
matter  in  all  its  bearings  with  the  view  of  informing  the 

[654] 


Elected  or  Appointed  Officials?  3 

public  mind  in  case  it  has  doubts,  and  of  leading  it  from  any 
fallacious  conclusions  to  which  a  few  thoughtless  persons 
have  been  attempting  from  time  to  time  of  late  to  lead  public 
opinion  in  a  province  whose  action  on  political  or  other  ques- 
tions naturally  attracts  much  attention  throughout  the  Do- 
minion. 

II. 

In  order  that  all  the  issues  involved  in  the  inquiry  before 
the  commission  may  be  thoroughly  understood  it  is  necessary 
that  I  should  at  the  outset  make  some  explanations  with  re- 
spect to  the  present  system  of  appointing  and  paying  ofl5dals, 
and  in  doing  so  I  may  state  that  the  one  which  obtains  in 
Ontario,  is  that  of  all  the  other  provinces  of  Canada — in 
fact,  the  system  which  has  come  from  England  in  accordance 
with  the  principles  of  parliamentary  or  responsible  govern- 
ment, and  prevails  from  one  end  of  the  Dominion  to  the  other, 
including  the  Northwest  territories.  At  the  present  time 
there  are  in  the  Province  of  Ontario  the  following  function- 
aries and  officials,  legislative,  executive,  administrative  and 
judicial,  who  legislate,  expound  the  law%  and  administer  the 
affairs  of  the  province  generally,  in  accordance  with  the 
British  North  America  Act  of  1867,  which  is  the  funda- 
mental law  which  regulates  the  jurisdiction  of  each  province 
within  its  territorial  and  legal  limits: 

I.  The  Exeat  live  Departtnent :  A  lieutenant-governor, 
appointed  practically  for  five  years,  and  removable  for 
cause  by  the  governor-general  in  council — that  is,  by  the 
government  of  the  Dominion. 

An  executive  or  advisory  council,  composed  of  the  follow- 
ing ministers,  called  to  office  by  the  lieutenant-governor, 
having  seats  in  an  assembly,  elected  by  the  people,  and 
holding  office  only  as  long  as  they  retain  the  confidence  of 
the  majority  of  that  house:  an  attorney-general,  generally 
the  prime  minister,  as  at  present;  a  commissioner  of  crown 
lands,  a  commissioner  of  public  works,  a  provincial  secre- 
tary,   a  provincial   treasurer,  a   minister  of   education,   a 

[655] 


4      Annai^  of  the  American  Academy. 

minister  of  agriculture,  and  sometimes,  as  now,  one  or  more 
executive  councilors  without  a  departmental  office. 

Under  these  several  executive  and  administrative  political 
heads  there  is  a  large  permanent  body  of  public  officials, 
consisting  of  deputy  ministers,  secretaries  and  clerks,  who 
perform  all  the  duties  that  devolve  on  the  several  depart- 
ments in  accordance  with  law  and  custom.  The  officers  and 
clerks  come  under  statutes  regulating  appointments  and 
promotions.  Every  candidate  for  a  clerkship  at  the  seat  of 
government  enters,  after  an  examination  as  to  qualifications 
and  character,  on  a  probation  of  six  months.  No  appoint- 
ment or  promotion  can  be  made  except  under  the  authority 
of  the  lieutenant-governor  in  council,  upon  the  application 
and  report  of  the  head  of  the  department  in  which  it  is  to 
be  made. 

2.  The  Legislative  Department :  The  lieutenant-governor, 
who  is  not  only  the  executive,  but  the  first  branch  of  the 
legislature*;    a  legislative   assembly,  consisting  of  ninety- 
four  members  elected  by  universal  suffrage   (only  limite^ 
by  a  short  residence  and  actual  citizenship),  for  a  term 
four  years,  unless  sooner  dissolved  by  the  lieutenant-gov( 
nor  acting  in  his  executive  capacity.     Attached  to  the  legi 
lative  assembly  are  a  speaker,  elected  by  the  house;  a  clerl 
a  sergeant-at-arms,  appointed  by  the  lieutenant-governor  in" 
council,  and  a  number  of  clerks,    messengers  and   pages 
appointed  by  the  speaker  and  government.  '^tk 

3.  The  Judicial  Department :  A  supreme  court  of  judica- 
ture, consisting  of  a  court  of  appeal,  composed  of  a  chief 
justice  and  three  justices;  a  high  court  of  justice  in  three 
divisions,  as  follows:  queen's  bench,  with  a  chief  justice  and 
two  justices;  chancery,  with  a  chancellor  and  three  justices; 
common  pleas,  with  a  chief  justice  and  two  justices. 

All  the  foregoing  justices  are  appointed  and  paid  by  the 

•  At  the  present  time,  of  the  seven  provinces  of  the  federation  only  two  have  an 
upper  chamber,  or  legislative  council— Quebec  and  Nova  Scotia.  Ontario  has  had 
none  since  1867,  when  the  union  was  inaugurated.  The  legislature  of  the  terri- 
tories also  has  only  an  elective  assembly. 

[656] 


-'  I 

ted 

i 

:rn 


Elected  or  Appointed  Officials?  5 

Doniiuion  government,  and  can  be  removed  only  for  snflfi- 
cient  cause  by  an  address  to  the  governor-general  from  the 
two  houses  of  the  Dominion  parliament.  In  connection 
with  this  supreme  court  of  judicature  there  are  five  regis- 
trars, ten  clerks,  seven  criers  and  minor  servants,  all  ap- 
pointed by  the  lieutenant-governor  in  council.  Their 
salaries  are,  as  a  rule,  fixed  by  law,  and  all  fees  received  by 
them  are  payable  into  the  public  treasury. 

In  addition  to  this  supreme  court,  there  are  the  following 
judicial  ofl&cers: 

County  judge — in  the  majority  of  cases,  a  senior  and  a 
junior  in  each  county — appointed,  paid  and  removable  for 
cause  by  the  Dominion  government.  Surrogate  judge, 
whose  duties  are  generally  performed  by  a  county  judge 
under  the  provincial  statute;  master  in  chambers,  master 
in  ordiuar>',  ofiicial  guardian,  inspector  of  local  oflfices, 
inspector  of  titles,  accountant  of  supreme  court,  inspector 
of  public  offices,  clerk  of  the  process,  clerk  of  assize, 
reporters,  shorthand  writers,  master  of  titles — all  of  whom, 
as  well  as  a  number  of  minor  clerks  and  servants,  are 
appointed  by  the  lieutenant-governor  in  council.  Several  of 
these  offices  may  be  held  by  one  person  at  the  same  time. 

The  civil  service  act,  it  is  necessary  to  mention  here,  can 
be  applied  to  the  master  in  chambers,  master  in  ordinary, 
registrars  of  the  court  of  appeal  and  of  the  several  divisions 
of  the  high  court  of  judicature,  accountant,  surrogate  clerk, 
clerk  of  records  and  writs,  derk  of  process,  and  clerk  in 
chambers.  The  statute,  however,  leaves  this  within  the 
discretion  of  the  lieutenant-governor  in  council. 

4.  Provincial  Officers  in  Districts :  The  foregoing  officers, 
for  the  most  part,  are  connected  with  the  supreme  court  of 
judicature,  which  reside  at  the  political  and  judicial  capital, 
the  city  of  Toronto.  But  in  order  to  make  this  review  as 
intelligible  and  valuable  as  possible,  I  shall  also  specify  the 
various  officers  and  other  persons  connected  with  the  whole 
public  and  municipal  service,  as  necessarily  involved  in  the 

[657] 


6      Annai^  of  the  American  Academy. 

argument  and  in  the  conclusion  to  which  I  wish  to  come. 
In  every  county  of  the  province  there  are,  in  addition  to  the 
coimty  judges  mentioned  above,  the  following  executive  and 
quasi  judicial  oflScers:  Sheriff,  local  and  deputy  master, 
deputy  registrar  of  the  high  court  of  justice,  deputy  clerk 
of  the  crown,  clerk  of  county  court,  registrar  of  surrogate 
court,  county  crown  attorney,  clerk  of  the  peace,  coroner,  di- 
vision court  clerk,  division  court  bailiff,  criers  and  constables. 

In  addition  to  the  foregoing  olB&cials,  we  have  in  the  large 
cities  and  towns  of  the  province  one  hundred  and  twelve 
police  magistrates. 

All  these  officials,  as  enumerated  above,  are  appointed  by 
the  lieutenant-governor  in  council.  Police  magistrates  are 
paid  fixed  salaries,  but  sheriffs,  registrars,  and  other  persons 
in  the  list  receive  fees,  out  of  which  they  pay  their  own 
salaries  and  all  the  expenses  of  their  respective  offices.  In 
the  case  of  registrars  the  salaries  are  regulated  by  statute,  as 
I  shall  show  presently.  Every  officer  receiving  fees  must 
send  a  return  of  the  same  every  year  to  the  proper  authority 
at  Toronto,  and  it  is  published  in  the  official  statement  laid 
before  the  legislature.  The  division  courts,  registry  and 
other  offices  are  regularly  inspected  by  officers  appointed  by 
the  lieutenant-governor  in  council. 

5.  Mu7iicipal  Councils :  Warden  of  county,  appointed  by 
every  county  council,  from  among  the  reeves  and  deputy 
reeves  that  compose  that  body.  Mayor  of  city  and  town 
elected  by  the  ratepayers  on  a  general  vote.  Reeve  and 
head  of  township  and  village  councils,  elected,  as  a  rule,  by 
ratepaj^ers  in  such  municipalities.  Aldermen  in  cities, 
councilors  in  towns,  villages  and  townships,  elected  by  the 
ratepayers  in  their  respective  municipalities,  to  constitute  the 
councils  thereof.  All  these  municipal  authorities  are  an- 
nually elected  in  the  month  of  January. 

Attached  to  these  several  municipal  corporations  are  the 
following  officers,  appointed  in  all  cases  by  the  councils: 
Clerk,  treasurer,   assessment  commissioner  in   some  cities, 

[658] 


I 


Elected  or  Appointed  Opficiai^?  7 

city  engineer,  assessors  and  collectors,  auditors,  valuators, 
pound-keepers,  fence- viewers,  overseers  of  highways,  road 
surveyors,  road  commissioners,  game  mspectors  and  other 
oflScials  necessary  for  the  administration  of  municipal  affairs. 
All  important  officers,  like  clerks  and  treasurers,  remain  in 
office  during  good  behavior. 

High  school  trustees  are  appointed  by  the  councils  of  the 
municipalities.  Public  school  trustees  are  elected  by  the 
ratepayers  in  the  several  municipal  divisions.  Inspectors 
of  public  schools  are  appointed  by  county  councils  for  counties, 
and  by  board  of  trustees  for  cities,  from  persons  who  have  a 
regular  certificate  of  qualification  according  to  the  regula- 
tions of  the  educational  department.  Inspectors  of  high, 
normal  and  model  schools  are  appointed  by  the  govern- 
ment. 

6.  Special  Classes  of  Officials :  In  addition  to  the  foregoing 
municipal  officers  there  are  the  following  classes  of  officials  of 
a  special  character,  and  confined  to  a  few  localities:  Chairman 
and  members  of  provincial  board  of  health,  appointed  by  the 
lieutenant-governor  in  council.  Superintendent,  officers  and 
servants  of  reformatories,  by  the  lieutenant-governor  in  coun- 
cil; superintendent  and  bursar  of  insane  asj'lums,  by  the 
same  authority;  keepers  and  attendants,  by  the  superinten- 
dent; inspectors  of  prisons,  public  charities,  asylums  and 
reformatories,  by  lieutenant-governor  in  council;  keepers  and 
turnkeys  of  county  gaols,  by  sheriff  of  county;  but  the  ap- 
pointments are  subject  to  the  approval  of  the  lieutenant-gov- 
ernor in  council,  and  salaries  are  fixed  by  the  county  coun- 
cils. Constables  in  charge  of  lock-ups  in  municipalities,  by 
the  magistrates  in  courts  of  general  sessions.  High  and 
other  constables,  by  the  general  sessions,  or  county  judge 
or  police  magistrate;  members  of  the  police  force  in  cities 
by  the  board  of  commissioners  composed  by  law  of  the 
county  judge,  police  magistrate  and  the  mayor;  in  munici- 
palities where  no  such  board  exists  the  appointment  of  peace 
officers  rests  with  the  councils. 

[659] 


8  Annals  of  the  American  Academy. 

III. 
From  the  foregoing  summary  of  the  legislative,  adminis- 
trative, judicial  and  municipal  machinery  of  the  province, 
from  the  head  of  the  executive  to  the  crier  or  pound-keeper, 
it  will  be  seen  that  there  are  practically  no  persons  having 
executive  or  ministerial  functions  to  perform — apart,  of 
course,  from  the  political  heads — ^who  are  elected  by  the 
people.  The  legislative  functions  of  government  are  kept 
distinct  from  the  purely  administrative  and  judicial  depart- 
ments. The  people  legislate  and  govern  through  their 
representative  assemblies,  in  accordance  with  the  wise 
principles  of  English  government.  They  elect  in  the  first 
place  to  the  provincial  legislature  men  to  legislate  for  the 
whole  province;  in  the  next  place,  they  select  councilors, 
mayors  and  reeves,  to  legislate  for  them  in  certain  definite 
municipal  divisions,  on  such  matters  as  local  taxes,  sewage, 
water,  and  other  necessities  and  conveniences  of  life,  as 
provided  and  limited  by  the  law  of  the  general  legislature. 
The  head  of  the  executive  authorit>^  and  also  of  the  legis- 
lative branch  is  the  lieutenant-governor,  who  holds  his  office 
by  virtue  of  the  highest  authority  of  the  Dominion,  and 
quite  independentl}^  of  the  provincial  government.  His 
advisers,  the  executive  council,  are  not  appointed  directly 
by  the  legislature,  to  whom  they  are  responsible,  but  by  the 
lieutenant-governor  whose  choice,  however,  is  limited  by  the 
unwritten  law,  or  the  conventions  and  maxims  of  the  con- 
stitution, to  those  representatives  who  have  the  confidence 
of  the  majority  of  the  people's  house.  All  provincial  or 
public  officials,  apart  from  municipal  officers,  are  appointed 
by  the  lieutenant-governor  on  the  advice  of  his  council. 
The  sheriffs,  registrars,  county  clerks,  and  those  other 
officials  in  counties,  already  enumerated,  are  not  appointed 
or  even  nominated  by  the  councils  of  those  districts,  but  by 
the  Ontario  government,  since  their  duties  are  provincial  in 
their  nature.  The  students  of  English  history  will  remem- 
ber that  the  sheriff  or  shire-reeve  was  one  of  the  most 

[660] 


Elected  or  Appointed  Officials?  9 

important  judicial  officers  of  early  English  times.  While 
acting  in  a  representative  capacity  he  was  elected  and  pre- 
sided over  the  scirgernot  or  shire-mote.  But  many  centuries 
have  passed  since  he  was  deprived  of  his  important  functions 
in  the  administration  of  the  king's  justice,  and  became  a 
crown  officer,  performing  important  executive  and  ministerial 
duties  in  connection  with  the  courts.  Such  officers  as 
masters,  county  clerks,  county  attorneys,  and  clerks  of  the 
peace  as  well  as  others,  having  certain  defined  duties  to  dis- 
charge in  the  courts,  are  also  essentially  crown  appoint- 
ments. The  fountain  of  justice  is  the  crown  as  represented 
in  the  courts,  and  it  would  be  an  anomaly  in  the  English  or 
Canadian  system  to  make  such  officers  elective  or  to  hand 
them  to  merely  local  administrative  bodies  of  a  limited 
sphere  of  authority  like  municipal  councils.  Even  in  the 
case  of  the  municipalities  it  has  been  considered  wise  to  limit 
the  privileges  of  the  people,  and  give  their  representatives 
alone  the  right  of  electing  such  officers  as  clerks,  treasurers, 
auditors,  who  have  clerical  and  ministerial  duties  to  perform, 
and  whose  qualifications  can  be  best  tested  and  understood 
by  a  small  body  of  chosen  men.  The  most  important  county 
officer,  the  warden,  is  not  elected  by  the  people  generally, 
but  by  a  special  body  of  men,  the  reeves  and  deputy  reeves, 
or  heads  of  councils  of  the  townships  of  the  county  munici- 
pality. The  heads  of  councils  in  cities  and  other  munici- 
palities, into  which  the  county  is  divided,  are  elected 
directly  by  the  ratepayers  of  those  municipal  divisions, — 
a  departure  apparently  from  the  principle  observed  in  the 
case  of  the  warden,  and  other  officers  of  the  municipalities. 
Experience  shows  that  the  election  of  such  heads  of  councils, 
who  are  elected  on  short  terms  of  office,  only  for  one  year  in 
all  cases,  and  may  have  no  experience  whate^'er  of  municipal 
work,  does  not  work  very  satisfactorily  in  cities,  where 
knowledge  and  experience,  longer  tenure  of  office,  and 
larger  control  over  work  of  administration  are  so  very 
desirable. 

[661] 


lo  Annals  of  thb  American  Acadkmy. 

Before  I  continue  this  argument  it  is  interesting  to  com- 
pare the  foregoing  list  of  persons  engaged  in  Ontario  in 
legislative,  administrative,  judicial  and  municipal  work, 
with  similar  classes  in  the  great  State  of  Ohio,  whose  natural 
resources,  population,  educational  and  political  progress  and 
wealth  naturally  lead  one  to  make  comparisons  with  the 
Canadian  province. 

At  the  present  time  citizens  in  Ohio  vote  for  the  following 
classes  of  officers  and  representatives:  * 

1.  Federal  Officers:  Electors  of  the  President  of  the  United 
States,  once  in  every  four  j^ears.  Members  of  the  House  of 
Representatives  of  the  United  States,  once  in  every  two  years. 

2.  State  Officers:  Members  of  the  board  of  public  works, 
(for  three  years'  term) ;  judges  of  the  supreme  court  (for 
five  years),  once  in  each  year.  Governor,  lieutenant-gov- 
ernor, secretary  of  state,  treasurer,  attorney-general.  State 
senators  (elected  in  each  territorial  district),  members  of  the 
State  House  of  Representatives  (elected  in  each  representa- 
tive district) ,  once  in  two  years.  State  commissioner  of  com- 
mon schools,  clerk  of  the  supreme  court,  once  in  three  years; 
auditor  of  the  State,  once  in  four  years. 

3.  District  Officers:  Circuit  judge  (for  six  years),  once  in 
two  years.  Judge  of  the  court  of  common  pleas  (for  five 
years) ,  once  in  five  years.  Member  of  the  State  board  of 
equalization,  once  in  ten  years. 

4.  County  Officers:  County  commissioners  (for  three 
years),  infirmary  directors  (for  three  years),  once  in  each 
year.  County  treasurer,  sheriff,  coroner,  once  in  two  years. 
County  auditor,  recorder,  surveyor,  judge  of  probate,  clerk 
of  court  of  common  pleas,  prosecuting  attorney,  once  in  three 
years. 

5.  City  Officers:  Members  of  the  board  of  police  commis- 
sioners (in  the   majority  of  cities),  members  of  board   of 

•  I  have  taken  the  foregoing  list  from  Bryce's  "  American  Commonwealth  "  (II, 
PP-430.  431-  First  ed.)  after  comparing  it  with  the  latest  edition  of  the  "Ohio 
Voters'  Manual."  This  list,  as  given  above,  omits  all  officers  appointed  by 
councils,  as  not  material  to  my  argument. 

[662] 


Bisected  or  Appointed  Officials?  h 

infirmary  directors  (for  three  years),  trustee  of  water- works 
(for  three  years),  once  every  year.  Mayor,  city  clerk,  audi- 
tor (if  any),  treasurer,  solicitor,  police  judge  (in  large  cities), 
prosecuting  attorney  of  the  police  court  (in  large  cities), 
clerk  of  the  police  court  (in  large  cities) ,  dty  commissioner 
(in  second-class  cities),  marshal  (only  in  small  cities) ,  street 
commissioner,  city  engineer  and  fire  surveyor  (when  elected 
at  the  polls,  as  city  coimcil  determine),  superintendent  of 
markets  (when  elected  at  the  polls  as  city  council  deter- 
mine), all  once  in  two  years. 

IV. 

It  will  be  seen  from  the  foregoing  comparison  between  a 
great  Province  of  Canada  and  a  great  State  of  the  Federal 
Republic,  that  the  legislative  departments  of  both  countries 
— the  House  of  Commons  of  the  Dominion  and  the  Legisla- 
tive Assembly  of  the  Province,  and  the  House  of  Representa- 
tives of  the  National  Congress,  and  the  two  houses  of  the 
State  Legislature — are  elected  directly  by  the  people  in  their 
respective  electoral  districts.  That  is  to  say,  the  principle 
of  electing  men  who  act  in  a  legislative  and  representative 
capacity  is  strictly  observed  in  each  country.  But  here  the 
comparison  practically  ceases.  In  the  Province  of  Ontario 
all  public  officers  who  may  be  compared  with  those  in  Ohio 
— and  a  reference  to  the  two  lists  will  show  that  both  coun- 
tries have  necessarily  similar  classes  of  officials — are  ap- 
pointed by  some  permanent  or  responsible  authority, 
removed  from  direct  popular  influence,  while  in  the  Ameri- 
can State  they  are  elected  by  a  vote  at  the  polls  in  all  cases. 
The  mayors  and  reeves  of  Ontario,  as  I  have  already  said,  are 
somewhat  exceptional,  but  their  terms  of  office  are  very  brief 
unless  they  are  re-elected, — which  frequently  happens, — and 
they  do  not  fall  within  the  strict  category  of  such  permanent  ex- 
ecutive, clerical  or  administrative  officials,  as  clerks,  treasur- 
ers and  auditors,  who  are  appointed  by  the  coimdls  in  Canada 

[663] 


12  AnnaIvS  of  the  American  Academy. 


1 


while  they  are  elected  directly  by  the  people  in  Ohio.  In 
that  State,  as  Dr.  James  Bryce  has  pointed  out,  there  are 
twenty -two  different  paid  ofi&cers — including,  for  argument 
sake,  legislators  in  that  class — which  a  voter  annually  has  to 
allot  by  his  vote;  that  is  to  say,  "  he  must  in  each  and  every 
year  make  up  his  mind  as  to  the  qualifications  of  twenty-two 
different  persons  or  sets  of  persons  to  fill  certain  offices." 
*'  As  nearly  all  these  ofl&ces  are  contested  on  political  lines," 
continues  the  same  high  authority,  * '  though  the  respective 
principles  (if  any)  of  Republicans  and  Democrats  have  no 
more  to  do  with  the  discharge  of  the  duties  of  the  State  and 
local  ofiices  than  the  respective  principles  of  Methodists  and 
Baptists,  nominations  to  them  are  made  by  the  respective 
party  organizations.  Candidates  for  all,  or  nearly  all  the 
foregoing  ofiices,  are  nominated  in  conventions  composed  of 
delegates  in  primaries."  On  the  other  hand,  in  Ontario, 
the  electors  have  to  consider  the  claims  of  candidates  for 
election  to  the  House  of  Commons  of  the  Dominion  only 
once  every  four  or  five  years  (unlCvSS  sooner  dissolved,  and 
that  happens  only  under  very  exceptional  circumstances) , 
and  of  candidates  for  election  to  the  House  of  Assembly  of 
the  Province  only  once  every  four  years  (unless  sooner  dis- 
solved, which  only  happens  under  rare  circumstances).  All 
public  officers  connected  with  those  legislative  bodies,  or  with 
the  public  service,  are  removed  from  the  immediate  opera- 
tion of  these  elections  since  their  tenure  is  permanent,  and 
certain  classes  of  appointments,  when  vacant ^ — such  as 
shrievalties,  registrarships,  county  attorneys,  etc.,  are  alone 
influenced  by  the  result,  since  political  patronage  necessarily 
rests  with  the  successful  party  as  an  incident  of  party  gov- 
ernment. I  ask  my  readers  to  keep  these  important  facts  in 
view  when  I  come  to  show  the  positive  advantages  the  pub- 
lic derive  from  the  infrequency  of  elections,  and  from  the 
checks  that  are  imposed  on  popular  caprice,  prejudice  and 
passion  by  the  system  of  appointments  to  all  offices  of  an 
administrative  or  judicial  character. 

[664] 


Elected  or  Appointed  Officials?  13 

V. 

As  I  have  previously  shown,  it  is  not  a  question  of  elect- 
ing judges  or  the  oflficers  immediately  connected  with  the 
civil  service  that  is  directly  at  issue,  but  the  discussion  is 
confined  for  the  present  in  Ontario  to  certain  persons  whom 
it  is  attempted  to  class  as  county  officers.  But  the  nature 
of  the  discussion  will  best  be  understood  by  referring  to  the 
following  questions  which  appear  in  the  circular  that  has 
been  distributed  among  those  who  have  been  called  upon  to 
state  their  opinions  on  the  subjects  of  the  inquiry  before  the 
provincial  commission: 

"Assuming  that  the  following  officials  are  those  under  considera- 
tion : 

Registrars  of  deeds, 

Local  masters. 

Sheriffs, 

Local  and  deputy  registrars  of  the  high  court  of  justice, 

Deputy  clerks  of  the  crown. 

Clerks  of  county  courts, 

Registrars  of  surrogate  courts, 

County  attorneys  and  clerks  of  the  peace, 

Division  court  clerks, 

Division  court  bailiffs — 
"Do  you  approve  of  the  appointment  of  any,  or  all,  of  the  above 
officers  being  in  the  hands  of  the  pro\'incial  government  (as  at  present), 
or  should  they,  or  any  of  them,  in  your  opinion  be  otherwise  selected; 
if  so,  by  whom,  and  for  what  reasons  ? 

'•  If  you  advocate  a  change  in  the  mode  of  appointment  of  any  of 
the  above  officers,  how,  and  to  what  supervision  should  tlie  officer  be 
amenable  for  efficient  and  faithful  performance  of  duty  during  the 
term  of  office  ? 

"Do  you  approve  of  the  system  of  paying  any,  or  all,  the  above 
officers  by  fees  (in  whole,  or  in  part  as  at  present)  ?  If  not,  wliat  other 
or  better  plan  do  you  suggest,  and  for  what  reasons  ? 

"  If  you  approve  of  election  by  the  people  of  the  above  officers,  or 
any  of  them,  what  method  of  public  inspection,  during  the  term  of 
office,  do  you  suggest  for  securing  uniformity  of  procedure,  and  the 
safety  of  the  public  ? 

"  If  you  approve  of  selection  by  the  municipal  council,  what  method 
of  public  inspection  do  you  suggest  with  a  \'iew  to  securing  the  objects 
mentioned  in  the  previous  question  ?'• 

[665] 


14  ANNAI.S   OF  THK   AMERICAN  ACADEMY. 

It  will  be  seen  that  there  are  practically  two  questions  in- 
volved— one  in  relation  to  the  payment  of  public  officials, 
and  the  other  in  relation  to  the  mode  of  appointing  them. 
It  is  the  latter  question  which  is  of  greatest  importance,  since 
on  its  judicious  solution  rests,  in  a  large  degree,  the  future 
efficient  and  honest  administration  of  government;  but  before 
I  give  my  reasons  for  this  emphatic  opinion  it  will  be  well  if 
I  dispose  of  the  first  or  subordinate  question  of  salaries,  which 
has  its  interest  for  American  readers  since  so  many  impor- 
tant officers  are  also  paid  by  fees  in  the  several  States.  The 
majority  of  the  officers  in  question  are  paid  by  fees  regulated 
by  statutes  applicable  to  their  respective  offices,  but  it  is 
only  sheriffs  and  registrars  who  receive  a  large  amount  of 
money  paid  this  way,  and  whose  salaries,  in  some  instances, 
are  believed  to  be  larger  than  their  services  merit.  As  a 
rule  the  sheriffs  are  paid  entirely  by  such  fees  as  remain  to 
them  after  paying  all  the  necessary  expenses  of  their  office. 
The  registrars  are  also  entitled  to  a  certain  amount  of  the 
fees  that  they  collect  under  the  law,  but  the  statute  regulat- 
ing their  office  limits  the  sum  they  can  retain  for  their  own 
use  up  to  $2500.     Beyond  that  amount  they  can  retain: 

Ninety  per  cent  in  excess  of  $2500,  and  not  exceeding  JJ53000. 
Eighty         "  *'         "        3000,         ♦*  *'  3500. 

Seventy       "  "         "        3500,         **  "  4000. 

Sixty  •*  **  *'        4000,         **  •*  4500. 

Fifty  "  "  "        4500. 

This  regulation  appears  to  bring  the  salaries  of  registrars, 
as  a  rule,  within  a  ver>'  moderate  amount,  while  it  appears 
from  the  official  returns  yearly  made  to  the  government  of 
the  gross  and  net  amounts  of  fees  collected  by  the  sheriffs 
and  other  officers  named  above,  none  of  them  are  paid  what 
may  be  considered  in  any  sense  extravagant  sums  or  beyond 
what  they  ought  to  receive  in  view  of  their  responsible  and 
onerous  duties;  indeed,  in  the  new  and  thinly  populated  dis- 
tricts, the  government  is,  by  the  law,  obliged  to  make  up 
the  deficiency  of  fees,  and  pay  them  an  amount  which  will 

[666] 


Elected  or  Appointed  Officials?  15 

bring  up  their  salary  to  at  least  $900  or  $1000.  The  follow- 
ing tables  will  show  fairly  enough  for  our  purpose  the 
average  amount  received  in  cities  and  counties  of  the 
2)rovince  by  the  officers  in  question. 

In  the  county  of  Carteton,  which  has  a  city,  Ottawa,  mthin  its 

limits : 

Sheriff,  average  salary  for  five  years  previous  to  1893, I3031 

Surrogate  judge  (held  by  county  judge),  commuted  at 500 

(  Local  master,*               average  for  five  years, 2294 

\  Deputy  registrar,*                 ♦•           '♦          «« 5^0 

f  County  attorney,*                  '*          "          <*       5^0 

t  Clerk  of  peace,*                    •'           '♦          "       1062 

(Deputy  clerk  of  crown,*     '*          "          "       812 

County  court  clerk,*             **          **          **       ^^ 

Surrogate  registrar,*             "           "          **       020 

County  of  Huron,  without  a  city: 

Sheriff,  average  salary  for  five  years,      ^2013 

Surrogate  judge,  commuted  at, 792 

Local  master  and  deputy  registrar,*  commuted  at, 1250 

I  County  attorney,*         average  for  five  years, 564 

I  Clerk  of  peace,*                    "          "         *'       862 

{Deputy  clerk  of  crown,*      "          "          "       830 

County  court  clerk,*             •*           "          "       710 

Surrogate  registrar,*       •      «          ««          «*       \ik^\ 

Then  there  are  the  salaries  of  registrars,  who  received  in 
1893,  in  the  most  populous  legal  divisions — the  city  of 
Toronto,  East  and  West — fees  to  the  gross  amount  of  $24,797 
and  $16,719  respectively,  of  which  the  registrars  received 
under  the  statutory  limitations  from  $4000  to  $4500  each. 
As  a  rule,  $3000  is  the  highest  average  amount  received  as 
salary  in  the  counties,  and  $500  is  the  lowest  in  a  very  few 
and  small  municipalities. 

Much  misconception  exists  as  regards  the  amount  of 
salaries  received  by  the  sheriffs  and  registrars,  and  has  con- 
sequently originated  the  present  agitation  on  the  subject; 
but  the  figures  I  have  just  given  clearly  show  that  none  of 
these  officers  are  overpaid,  as  is  the  case  with  sheriffs,  county 

*  The  offices  named  in  the  brackets  may  be,  and  are  generally,  held  tinder  the 
law  by  the  same  person. 

[667] 


1 6     Annai^  of  the  American  Academy. 

clerks,  and  other  oiB&cials,  elected  by  the  people  in  some 
cities  and  counties  of  the  States  of  the  American  federation. 
In  the  case  of  registrars  the  law  practically  recognizes  the 
advisability  of  limiting  the  fee  system,  and  of  fixing  salaries 
as  far  as  possible.  For  my  own  part  I  agree  with  those  who 
believe  that  fixity  of  salary  and  permanency  of  tenure  are 
the  true  principles  to  be  followed  in  the  case  of  all  public 
officials.  Every  officer  should  receive  an  exact  sum,  equiva- 
lent to  the  value  of  his  service  to  the  public,  and  commen- 
surate, of  course,  with  his  position  and  responsibility. 
Especially  should  the  responsibilities  of  sheriffs  be  carefully 
considered  in  case  of  a  change  of  system.  These  officers 
are  liable  to  litigation  arising  from  the  mistakes  of  their 
deputies  and  agents.  Consequently,  in  fixing  their  salaries 
it  is  important  that  not  only  their  dignified  position  as  the 
highest  executive  officer  of  the  courts,  but  also  their  legal 
responsibilities  should  be  borne  in  mind,  and  they  should  be 
saved  from  all  personal  losses  which  do  not  accrue  from  any 
ignorance  or  carelessness  on  their  part.  One  thing  is  quite 
certain,  that  such  officers  should  have  full  control  over  the 
appointment  of  their  deputies  and  officers,  for  otherwise  it 
would  be  unfair  to  make  them  responsible  for  the  acts  of 
officers  through  whom  they  necessarily  execute  many  of 
their  functions.  But  while  we  may  see  the  difficulty  of  a 
change  of  system  in  the  case  of  sheriffs,  there  is  none  in 
respect  to  the  other  officials  in  question,  and  they  should 
receive  a  fixed  salary  from  the  public  treasury,  and  pay  into 
it  all  fees  they  collect  by  virtue  of  their  offices.  As  things 
are  now,  the  fee  system  is  not  liable  to  the  great  abuses  to 
which  it  is  necessarily  subject  under  the  elective  system  in 
American  States.  Politics  run  high  in  Canada,  but  contri- 
butions to  corruption  funds  are  not  made  by  public  officials, 
and  the  political  manager  is  unable  to  avail  himself  of  the 
advantages  which  the  fee  system  gives  him  in  the  States  of 
the  Federal  Union  in  the  case  of  candidates  whose  election 
depends  on  skillful  party  manipulation  and  all  those  arts 

[668] 


Elected  or  Appointed  Officials?  17 

which  the  "machine"  practices  to  carry  their  ticket.  If 
the  fee  system  were  entirely  swept  away  in  every  State  of 
the  Union,  the  party  machine  would  be  deprived  of  a  large 
amount  of  funds  that  now  periodically  go  to  corrupt  the 
electors  and  place  certain  professional  politicians  in  office. 

VI. 

Coming  now  to  the  important  question  at  issue,  it  is  sug- 
gested, for  reasons  which  are  entirely  inadequate,  to  change 
the  system  which  has  always  obtained  in  Canada,  and  give 
to  the  people  a  direct  choice  of  certain  public  officers  who 
are  ministerial  and  executive,  and  have  also  important  duties 
to  perform  in  connection  with  the  administration  of  justice. 
The  crown,  neither  in  England  nor  in  Canada,  has  ever 
yielded  its  right  to  appoint  vSuch  officers;  in  other  words, 
such  patronage  has  always  been  one  of  its  prerogatives.  In 
old  times  of  English  history,  when  the  sovereign  was 
attempting  to  push  his  prerogative  to  extremes  and  to  limit 
the  powers  of  the  House  of  Commons — in  those  times  when 
parliamentary  government  was  in  a  process  of  evolution — 
offices  were  a  prolific  fund  of  corruption  in  parliament  and 
constituencies.  Now,  with  the  limitation  of  the  powers  of 
the  crown,  the  old  prerogative  right  of  appointments  has 
been  practically  handed  to  the  constitutional  advisers  of  the 
sovereign,  responsible  to  parliament.  With  the  development 
of  parliamentary  government  and  the  establishment  of  wise 
rules  which  regulate  appointments  and  promotions  to  the 
permanent  civil  service,  the  flagrant  abuses  that  crept  into 
the  old  system  and  disgraced  the  whole  body  politic  of 
England  have  gradually  disappeared.  The  "spoils  "  system 
is  entirely  unknown  in  Great  Britain.  At  tlie  present  time, 
says  an  authority*  on  such  subjects,  **  it  is  worthy  of  note 
that  direct  election  to  office — supposed  to  be  characteristic 
of  the  democratic  spirit — has  no  place  in  English  political 
ideas.     The  few  instances  in  which  it  occurs  are  regarded 

•Professor  Robertson,  M.  P.,  LLD.,  article,  " Govemmciit,"  in  Bncj.  Brit. 

[669] 


i8  Annals  op  thk  American  Academy. 

with  indifference.  The  election  of  coroner  by  the  electors  is 
universally  condemned.  In  the  few  parishes  where  the 
clergyman  may  be  appointed  by  the  parishioners,  the  right 
is  often  left  to  be  exercised  by  the  bishop. ' '  Canada,  as  in 
the  case  of  her  legal  and  political  institutions  generally,  has 
closely  adhered  to  the  practice  of  the  parent  state  with 
respect  to  appointments.  In  the  years  that  preceded  the 
establishment  of  responsible  government  in  a  complete  sense 
— from  1 79 1  to  1841-54 — the  appointment  of  public  officials 
of  all  classes  was  in  the  hands  of  the  governors,  cliques  and 
compacts.  Those  were  the  days  of  irresponsible  officialism 
and  family  compacts,  when  Downing  street  ruled  in  purely 
local  affairs,  and  favorites  of  governors  and  high  officials 
were  selected  with  an  utter  indifference  to  the  wishes  of  the 
majority  of  the  people,  or  the  popular  assembly.  According 
to  Lord  Durham,  who  reported  in  1839  on  the  state  of  affairs 
in  Canada  after  the  Rebellion  of  1837-38,  what  was  known 
in  Upper  Canada,  now  Ontario,  as  * '  the  family  compact ' ' — 
a  combination  of  aristocracy  and  officialism  rather  than  a 
purely  family  connection — "possessed  almost  all  the  highest 
public  offices,  by  means  of  which,  and  of  its  influence  in 
the  executive  council,  it  wielded  all  the  powers  of  govern- 
ment; it  maintained  influence  in  the  legislature  by  means  of 
its  predominance  in  the  legislative  council;  and  it  disposed 
of  the  large  number  of  petty  posts  which  are  in  the  patronage 
of  the  government  of  the  province. ' '  The  executive  councils 
in  those  days  of  struggle  for  popular  government  '*  enjoyed 
the  confidence  of  no  considerable  party,  whilst  the  family 
compact  was  in  fact  supported  by  no  very  large  number  of 
persons  of  any  party."  Such  things  were  possible  in  days 
when  the  executive  council  owed  no  responsibility  to  the 
people  or  their  representatives  in  the  popular  branch  of  the 
legislature. 

From  1840  to  1854  a  responsible  ministry  was  established 
in  all  the  provinces  of  the  present  Dominion,  although  soon 
after  the  legislative  union  of  the  Canadas  in  1841  one  of  the 

[670] 


Elected  or  Appointed  Oppicials?  19 

governors-general,  Lord  Metcalfe,  attempted  to  make  appoint- 
ments without  reference  to  his  constitutional  advisers,  the  last 
effort  of  prerogative  attempted  by  a  representative  of  the 
crown  in  Canada.  Since  those  unsettled  times,  the  rule 
that  obtains  in  England  has  been  carried  out  in  all  the 
provinces  of  Canada.  All  the  appointments  are  made  by 
the  governor-general  of  the  Dominion,  and  by  the  lieutenant- 
governors  of  the  provinces  in  accordance  with  statute  or 
usage.  Such  appointments,  however,  as  shrievalties,  regis- 
trarships,  and  other  offices  mentioned  above  do  not  come 
within  the  category  of  the  appointments  to  the  civil  service, 
but  are  made  by  the  government  from  their  political  sup- 
porters as  a  rule,  and  as  a  necessary  sequence  of  party  gov- 
ernment. They  are  often,  though  not  necessarily,  made  on 
the  recommendation  of  a  member  and  other  influential  per- 
sons supporting  the  government,  whenever  a  vacancy  occurs 
in  the  office; — removals  for  political  reasons  or  '*  rotation  in 
office  "  being  unknown  to  Canada's  political  system — but  in 
every  case  they  are  the  subject  of  discussion  in  the  executive 
council,  which  becomes  directly  responsible  for  the  advice  it 
g^ves  to  the  lieutenant-governor,  whose  duty  it  is  to  inform 
himself  thoroughly  with  respect  to  all  nominations  to  office, 
before  he  sig^s  the  commission  or  order  in  council  authoriz- 
ing the  appointment.  Should  he  believe  from  facts  that 
have  come  to  his  knowledge,  that  an  appointment  is  most 
undesirable  in  the  public  interests — a  very  rare  case  indeed 
in  Canadian  political  annals — it  is  for  him  to  exercise  that 
pressure  which  he  can  constitutionally  exercise  on  all 
matters  on  which  he  is  advised  and  his  action  is  required. 
The  legislative  assembly,  as  a  body,  does  not  assume  to 
make  such  appointments  or  to  interfere  directly  with  the 
legal  powers  of  the  executive  authority  in  such  matters; 
but  it  may,  and  sometimes  does,  sharply  criticise  and 
even  censure  the  conduct  of  the  executive  with  respect  to 
appointments.  In  every  case  it  has  a  right  to  the  fullest 
information  on  the  subject.     Here  is  one  of  the  advantages 

[671] 


20  AnnaIvS  of  thk  American  Academy. 

of  the  system  of  parliamentary  government,  as  worked  out 
in  England  and  Canada.  The  presence  of  the  advisers  of 
the  executive — practically  the  executive  itself — in  the  legis- 
lature, gives  that  body  supreme  control  over  its  acts.  A 
house  divided  into  two  contending  parties,  a  government 
and  an  opposition,  will  not  fail  to  give  due  importance  to 
any  aggravated  case  of  the  abuse  of  patronage.  Any  gov- 
ernment or  member  thereof,  that  has  been  guilty  of  such 
abuse,  is  open  to  the  fullest  criticism  in  the  legislature  and 
in  the  public  press.  Nothing  can  be  concealed  from  public 
view,  and  responsibility  rests  where  it  should.  Every  mem- 
ber of  a  government,  under  the  English  or  Canadian  system 
of  parliamentary  government,  must  act  under  a  feeling  of 
direct  responsibility.  Every  such  minister  has  his  ambi- 
tions, and  dare  not  in  the  face  of  public  opinion  to  which  he 
must  submit  himself  sooner  or  later,  make  what  would  be  a 
notoriously  bad  appointment.  Personal  qualifications,  char- 
acter and  local  sentiment  in  the  district  where  the  ofificer  is 
placed,  are  all  questions  to  be  immediately  considered  by  the 
member  and  the  minister  recommending  the  filling  of  the 
ofl&ce.  Of  course  there  are  defects  in  such  a  system  as  in  all 
methods  of  government.  Some  appointments  are  weak,  if 
none  are  notoriously  bad;  but  they  are  on  the  whole  good. 
The  public  service  of  Ontario,  like  that  of  Canada,  generally 
has,  as  a  rule,  been  creditable  to  the  country,  and  re- 
markably free  from  political  influences  when  men  are  once 
appointed  to  an  office.  Corruption  and  dishonesty  are  not 
charged  against  it  as  a  class.  Permanency  of  tenure,  free- 
dom from  political  intrigue,  independence  of  popular  elec- 
tions, are  the  characteristics  of  the  service. 

Such  satisfactory  results,  it  is  necessary  to  bear  in  mind, 
have  been  produced  by  the  operation  of  responsible  govern- 
ment. It  is  claimed  that  the  system  gives  too  much  power 
to  the  executive  authority  since  all  patronage  rests  in  their 
hands,  but  experience  shows  that  the  exercise  of  the  power 
is  on  the  whole  decidedly  in  the  public  interest.    An  executive 

[672] 


Klected  or  Appointed  Officials?  21 

should  be  strong  under  such  conditions.  If  the  govern- 
ment did  not  act  under  a  sense  of  immediate  responsibility 
to  the  legislature,  if  appointments  were  not  limited  by  civil 
service  rules  of  law,  if  all  public  officials  had  not  practically 
a  life  tenure,  then  patronage  would  be  dangerous  as  every 
American  publicist  and  statesman  knows  full  well. 

It  is  impossible  to  believe  that,  were  appointments  in  any 
cases  taken  from  the  lieutenant-governor  in  council  and 
given  to  a  county  council— the  less  dangerous  choice,  were 
it  a  practical  question  between  that  method  and  election  by 
popular  vote — the  public  interests  would  be  better  served, 
and  wiser  appointments  made.  A  greater  responsibility 
must  rest  on  a  minister  of  the  crown,  and  on  the  govern- 
ment who  are  responsible  for  the  acts  of  each  and  all  its 
members — on  a  government  immediately  amenable  to  the 
criticism  and  censure  of  the  legislature,  and  later  to  the 
people  at  the  polls — than  can  be  placed  on  a  body  of  muni- 
cipal councilors,  acting  within  an  inferior  and  limited  sphere 
of  action,  and  not  exposed  to  the  wide  range  of  discussion 
to  which  the  highest  legislative  body  in  the  province  can 
submit  its  own  committee — the  executive  council.  The 
conscience  of  a  man  in  office  must  bear  some  proportion  to 
his  duties  and  responsibilities.  A  man  in  a  small  area  of 
action  and  criticism  can  never  as  clearly  be  brought  to  see 
the  consequence  of  his  political  conduct  as  one  in  the  wide 
theatre  of  national  action.  Noblesse  oblige  is  more  heard  of 
at  Washington  than  even  in  Boston  municipal  politics.  It 
says  much  for  the  efficiency  and  integ^ty  of  the  public 
service  of  Ontario — and  I  refer  here  particularly  to  the  class 
of  officials  in  question — of  the  service  appointed  under  such 
conditions  as  I  have  mentioned,  that  it  has  not  been  shown 
guilty  for  the  past  twenty-seven  years  of  such  incompe- 
tency and  malversation  of  funds  as  have  even  occurred  in 
connection  with  the  funds  of  a  few  county  councils.  What 
cases  of  mismanagement,  speculation  and  jobbery  have 
come  to  light  of  late  have  been  in  the  administration  of  the 

[673] 


22  Annals  of  the  American  Academy. 

affairs  of  the  largest  Canadian  cities.  At  the  present  time 
the  city  of  Montreal  appears  to  require  a  Parkhurst,  and 
Toronto  has  asked  the  county  judge  to  investigate  charges 
that  have  been  made — and  the  inquiry  has  proved,  with  too 
much  truth — against  certain  aldermen  of  selling  their  vote  and 
influence  to  contractors.  It  is  well  to  bear  in  mind  that  in 
these  cases  it  is  the  elected  men,  the  aldermen,  whose  conduct 
is  arraigned.  It  is  the  elective  principle  that  is  now  in  ques- 
tion, when  applied  to  men  whose  duties  are  those  of  managers 
of  a  corporation.  Indeed,  there  are  many  influential  and 
thinking  men  in  Canadian  cities — in  Toronto  especially — 
who  express  the  opinion  that  a  small  permanent  commis- 
sion appointed  by  the  government  would  best  manage  civic 
affairs.  Still,  in  the  face  of  such  facts,  it  is  proposed  to 
extend  the  principle  even  further,  and  disturb  a  system  of 
appointments  which  has  exhibited  no  such  discreditable 
results  as  we  have  seen  in  cities  and  even  counties. 

As  things  are  now,  municipal  elections  are  kept  fairly 
free — in  the  great  majority  of  counties,  largely  free — of  all 
political  influences;  but  it  is  quite  certain  that  if  these 
councils  are  to  be  made  the  arena  of  political  intrigue  for  the 
filling  of  provincial  offices,  it  will  not  be  long  before  they 
will  become  notorious  for  political  bitterness  and  worse,* 
and  the  party  spirit  which  runs  sufficiently  high  in  Canada 
under  ordinary  conditions  will  be  intensified  to  a  degree, 
and  bring  about  results  of  which  every  citizen  across  the 
frontier  can  give  Canadians  some  very  practical  examples. 

VII. 

But  Canadians  need  not  go  far  to  come  to  a  conclusion  as 
to  the  effects  of  an  elective  system  when  applied  to  any  clas^ 
of  public  officials.  Their  neighbors  in  the  States  of  the 
Federal  Republic  have  been,  for  many  years  in  their  history, 

•  Read  what  Mr.  Piske  says  ("  Civil  Government  in  the  United  States,"  p.  135) 
with  respect  to  the  evils  that  have  arisen  from  "the  encroachments  of  national 
politics  upon  municipal  politics," 

[6741 


Electkd  or  Appointed  Officials?  23 

giving  the  world  very  significant  examples  of  the  results  of 
such  a  system.  Their  experience  is  submitted  to  the  serious 
reflection  of  those  who  would  change  the  law  which  makes 
the  government  responsible  for  all  public  appointments,  and 
give  in  its  place  a  system  which  places  the  responsibility 
nowhere.  Can  any  one  argue  that  the  body  of  the  voting 
public  who  elect  can  be  made  responsible  for  the  result? 
The  legislature  in  the  first  place,  and  the  people  at  a  final 
stage,  can  censure  a  government,  or  turn  it  out  of  office, 
since  ministers  are  directly  responsible  for  every  act  of 
administration.  But  Quis  custodiet  custodesf  Who  will 
check  the  people  ? 

Among  the  sources  of  the  strength  of  the  Canadian 
system  of  government  are  these:  the  infrequency  of  political 
elections;  the  holding  of  elections  for  the  Dominion  parlia- 
ment and  for  the  legislative  assemblies  of  the  provinces  at 
different  dates;  the  separation  of  federal  issues,  as  a  rule, 
from  provincial  questions — though  the  attempt  is  too  often 
made  to  mix  them ;  the  practical  separation  of  municipal  from 
provincial  or  other  political  questions;  the  permanency  or 
non-political  tenure  of  the  civil  service.  On  the  other  hand, 
the  weaknesses  of  the  American  system — in  fact,  the  evils 
that  are  sapping  the  republican  and  purely  democratic  insti- 
tutions of  the  States — mainly  arise  from  these  causes:  the 
intimate  connection  between  national,  State  and  municipal 
politics;  the  frequency  of  elections  which  bring  into  play  all 
the  schemes  and  machinations  of  the  party  managers  and 
*'  bosses;"  the  popular  election  and  short  tenure  of  so  many 
public  officials  who,  as  a  consequence,  become  more  or  less 
partisans,  and  supply  even  now,  in  defiance  of  the  law  in 
many  States,  a  considerable  proportion  of  the  corruption 
funds  of  political  parties. 

The  conclusions,  then,  to  which  an  impartial  and  honest 
observer  of  contemporary  political  management  in  the 
United  States  must  inevitably  come  are  these,  briefly 
summed  up: 

[675] 


24  Annai^  of  the  American  Academy. 

That  the  party  machine,  as  managed  by  the  boss,  is  de- 
structive of  public  morality. 

That  it  is  the  elective  and  the  **  spoils  "  system  by  which 
a  horde  of  public  officials  obtain  office  that  gives  vitality  to 
the  machine  and  its  creatures,  and  is  weakening  the  founda- 
tions of  republican  or  democratic  institutions. 

That  rings  and  bosses  will  exist  and  thrive  as  long  as  the 
great  majority  of  public  officers,  including  judges,  are 
elected  or  appointed  on  political  lines. 

That  the  security  of  the  commonwealth  depends  on  the 
establishment  of  a  permanent  public  service  in  every  State, 
in  the  appointment  of  the  judiciary  by  a  regularly  constituted 
authority  like  the  governor  or  the  legislature;  on  the  removal 
of  municipal  contests  from  Federal  or  State  elections;  on  lim- 
iting in  every  way  the  number  of  civic  or  court  officers 
elected  by  the  people  and  placing  them  in  the  hands  of 
mayors  or  councils;  on  giving  a  life  tenure — that  is  to  say, 
during  good  behavior — to  all  important  executive,  judicial 
and  administrative  officers;  on  the  effective  operation  of  the 
Australian  ballot  in  every  election,  civic,  State  or  national, 
and  on  the  general  adoption  and  execution  of  most  stringent 
laws  against  bribery  and  corruption  in  every  possible  form. 

That  by  such  measures  the  machine  will  soon  break  down, 
since  the  party  boss  will  not  have  the  same  facilities  for 
exercising  his  peculiar  arts  that  he  has  at  present,  while  he 
can  practically  control  the  election  or  patronage  of  so  many 
public  offices. 

VIII. 

No  one  who  studies  the  condition  of  affairs  in  the  United 
States,  or  who  has  had  opportunities,  like  the  writer,  of 
conversing  with  men  of  intelligence  and  education  whose 
minds  are  not  warped  by  party  prejudice,  and  who  believe 
that  frankness  is  better  than  silence  when  their  country's 
honor  or  stability  is  at  stake — no  one  under  such  circum- 
stances but  must  come  to  the  conclusion  that   there  are 

[676] 


Elected  or  Appointed  Officials?  25 

already  a  number  of  people  in  the  republic — a  small  frkjtion, 
it  is  true,  of  the  nearly  seventy  millions  of  people,  but  still  a 
"  saving  remnant "  perhaps — who  are  striving  for  a  radical 
change  in  their  elective  system.  We  have  evidence  of  this 
wise  and  growing  sentiment  in  the  strenuous  and,  in  part, 
successful  efforts  made  of  recent  years  to  build  up  a  perman- 
ent civil  service  for  the  nation,  in  such  constitutional  changes 
as  have  been  passed  in  the  State  of  New  York  for  the  separa- 
tion of  municipal  from  State  elections,*  in  the  strengthening 
of  the  executive  authority  of  the  mayors  in  numerous  cities 
and  giving  them  control  of  important  civic  appointments,  in 
the  lengthening  of  the  term  of  office  of  the  State  judiciary 
and  other  officials  in  several  States,  and  lastly,  though  not 
least,  in  the  adoption  of  the  ballot  system  of  Australia. 

The  proposition  that  has  been  sometimes  urged  that  the 
Presidential  term  should  be  at  least  six  years  is  also  an 
evidence  of  the  current  that  is  setting  in  against  too  frequent 
elections,  which  keep  the  public  mind  in  constant  state  of 
agitation,  unsettle  business,  and  give  ready  occupation  to 
the  professional  politician.  Perhaps  in  no  respect  has  there 
been  a  more  earnest  effort  to  limit  the  elective  principle  than 
in  the  case  of  the  judiciary.  Everyone  will  admit  that  the 
strongest  judiciary,  for  learning  and  character,  is  the  Federal 
bench,  which  is  removed  from  all  popular  influences,  since  it 
is  nominated  and  appointed  by  the  President  with  the  con- 
sent of  the  Senate,  has  practically  a  life  tenure,  and  cannot 
have  its  compensation  diminished  during  the  term  of  office 
of  a  judge.     It  is  needless  to  cite  instances  of  the  weakness 

•  It  is  an  interesting  fact  which  may  here  be  mentioned,  that  Cnnada  h«»  had,  by 
law  and  practice,  for  years,  the  reforms  that  the  New  York  convention  recom- 
mended and  the  people  of  the  State  recently  ratified  :  a  aepsration  of  municipal 
ftx>m  state  elections ;  naturalization  laws ;  civil  service  sUtntes ;  prohibition  of 
riders  in  appropriation  bills  ;  printing  of  all  bills  before  pasMfre ;  prohiWtion* 
against  pool-selling,  book-making  and  lotteries.  The  Australian  ballot  and 
stringent  anti-bribery  and  corruption  laws  have  been  In  operation  for  year*. 
Contract  labor  in  prisons  is  permitted,  not  disallowed,  as  in  the  New  York  con- 
stitution—confessedly its  weak  point,  showing  the  influence  of  the  labor  element 
on  the  politicians  of  the  convention.  All  these  Canadian  reforms  have  been 
among  the  results  of  a  strong  executive,  represented  in  and  responsible  to  parlkif 
meut. 

[677] 


26  Annals  of  the  American  Academy. 

of  the  State  judiciary  which  owes  its  position  to  party — wej 
have  had  recent  illustration  of  such  weakness  in  the  case  off 
a  judge  at  Albany — ^but  happily  for  the  interests  of  justice^ 
the  consequences  have  never  become  so  serious  as  one  would, 
with  some  reason,  suppose  they  would  be  ;  and  that  chielSy 
on  account  of  men,  once  on  the  bench,  wishing  to  earn  the 
good  opinion  of  the  better  elements  of  the  bar — notably  high 
in  every  State — and  feeling  that  respect  for  law  and  its  attri- 
butes which  animates  all  men  brought  up  under  the  influence 
of  English  legal  institutions  once  they  are  placed  on  the 
judgment  seat.  Nearly  forty  years  ago  John  Stuart  Mill,* 
writing  on  this  very  subject,  apprehended  * '  that  the  practice 
of  submitting  judicial  officers  to  periodical  popular  re-election 
will  be  found  to  be  one  of  the  most  dangerous  errors  ever 
yet  committed  by  democracy,  and  were  it  not  that  the  prac- 
tical good  sense,  which  never  totally  deserts  the  people  of  the 
United  States,  is  said  to  be  producing  a  reaction  likely  in  no 
long  time  to  lead  to  the  retraction  of  the  error,  it  might  with 
reason  be  regarded  as  the  first  great  downward  step  in  the 
degeneration  of  modem  democratic  government."  Writing 
a  quarter  of  a  century  later  Dr.  Bryce  tells  us  that  * '  in  many 
American  States  the  State  judges  are  men  of  moderate  ability 
and  scanty  learning,  and  sometimes  vastly  inferior  to  the 
best  of  the  advocates  who  practice  before  them. ' '  He  admits 
that  pecuniary  corruption  seems  to  be  very  rare  among  them, 
but  '  *  there  are  other  ways  in  which  sinister  influences  can 
play  on  a  judge's  mind,  and  impair  that  confidence  in  his 
impartiality  which  is  almost  as  necessary  as  impartiality 
itself."  And,  he  adds,  with  obvious  force,  "  apart  from  all 
questions  of  dishonesty  or  unfairness  it  is  an  evil  that  the 
bench  should  not  be,  intellectually  and  socially  at  least,  on  a 
level  with  the  bar."  But  while  the  mischief  that  has  arisen 
from  the  application  of  the  elective  principle  to  the  State 
judiciary  is  undoubtedly  *'  serious  "  in  a  measure,  justice  is 

♦See  "Considerations  on   Representative   Government,"   Chap.   XIV.     Also 
remarks  of  Mr.  Fiske,  "  Civil  Government,"  pp.  179,  i8o. 

[678] 


Elected  or  Appointed  Officials?  27 

feirly  administered  on  the  whole,  not  only  for  the  reasons  I 
have  briefly  stated  above,  but  because  in  so  many  States  an 
upright  and  good  judge  has  reason  to  expect  a  long  tenure 
of  oflfice.  The  hope  entertained  by  Mr.  Mill  has  not  yet 
been  fully  realized,  but  nevertheless  the  tendency  of  a  sound 
public  opinion  is  shown  by  the  fact  that  salaries  have  been 
generally  raised,  and  the  terms  of  office  lengthened.*  Good 
judges  are  continued  from  term  to  term,  so  that  a  better  class 
of  men  are  encouraged  to  accept  this  high  responsible  posi- 
tion. It  is  significant  that  of  at  least  thirty  States  that  have 
revised  their  constitution  in  essential  respects  within  fifteen 
years  or  so,  only  one  has  taken  the  appointment  from  the 
legislature  or  governor  and  entrusted  it  to  the  popular  vote. 
Perhaps  the  time  is  not  far  off"  when  the  judiciary  will  have 
a  life  tenure  of  office,  even  though  election  by  popular  vote 
remains  in  force  in  the  majority  of  States,  as  at  present. 

IX. 

I  have  dwelt  at  some  length  on  the  experiences  of  the 
United  States  in  working  out  the  elective  principle  in  their 
system  of  government  and  especially  in  connection  with  those 
classes  of  public  officials  who  should  be  non-political  in  their 
tenure,  so  that  my  Canadian  readers  may  thoroughly 
appreciate  the  consequences  of  the  arguments  of  those  who 
have  forced  the  government  of  the  premier  province  of 
Ontario — a  province  governed  on  the  whole  with  discretion 
and  ability,  and  where  officials  are,  generally  speaking,  able 
and  conscientious  in  the  discharge  of  their  duties— to  gather 
the  opinions  of  the  intelligence  of  the  country,  whether  they 
should  not  inaugurate  a  system  which  has  been  confessedly 
productive  of  so  many  injurious  results  on  the  other  side  of 
the  border.     I  believe  that  one  or  two  thoughtless  and  ill- 

•  Massachusetts,  Rhode  Island,  New  Hampshire  and  Delaware  alone  reUia  a 
system  of  life  tenure  or  of  good  behavior.  In  the  other  SUtes  the  lonjfeirt  term  la 
in  Pennsylvania,  21  years ;  the  shortest  in  Vermont,  2 ;  In  one  SUte  it  Is  15 :  in 
another,  14 ;  in  four,  la ;  in  one,  10 ;  in  three,  9  ;  In  seven,  8 ;  in  ten.  6 ;  in  the  re- 
maining States,  from  4  to  7. 

[679] 


28  Annai^  of  thk  American  Acadkmy. 

informed  persons  have  ventured  to  go  so  far  as  to  urge  the 
election  of  the  minor  judiciary  like  police  magistrates  and 
county  judges;  but  such  persons  do  not  in  any  way  represent 
the  intelligence  or  wisdom  which  governs  the  great  body  of 
the  people  in  a  province,  which,  above  all  other  sections, 
prides  itself  in  its  complete  and  well-administered  system  of 
local  government,  and  in  its  free  education,  which  gives 
every  boy  and  girl  in  the  land  admirable  opportunities  from 
the  common  school  to  the  collegiate  institute  or  high  school 
or  the  provincial  university  with  its  large  professorial  staff. 
Canada  has  one  of  the  best  devised  systems  of  government 
in  the  world.  Its  strength  consists  in  the  fact  that  it  is 
based  on  the  experiences  of  the  two  great  countries  to  which 
Canadians  naturally  look  for  instruction  or  warning — Eng- 
land and  the  United  States.  Its  institutions  have  kept  pace 
with  the  development  of  the  sound  principles  of  parlia- 
mentary and  federal  government,  and  possess  all  that 
elasticity  and  capacity  to  meet  critical  situations  as  they 
arise,  which  is  wanting  in  the  too  rigid  system  of  the  United 
States  whose  constitution  is  mainly  based  on  principles  which 
existed  in  the  middle  of  last  century,  and  are  now  not  quite 
equal  to  the  conditions  of  modem  political  progress.  Neither 
at  Washington  nor  in  any  State  of  the  Union  is  there  a 
ministry  owing  responsibility  to  the  people's  representatives, 
and  the  consequence  is  a  constant  friction  between  the 
executive  and  legislative  authorities,  and  an  absence  of  all 
such  control  of  legislation  and  administration,  as  exists 
under  a  system  of  parliamentary  government.  On  the  other 
hand,  there  is  at  Ottawa  and  in  every  province  of  the 
Canadian  federation,  a  cabinet  which  represents  the  majority 
of  the  people  as  represented  in  the  legislature,  which  is 
constitutionally  bound  to  explain  and  defend  every  executive 
and  administrative  act,  from  the  appointment  of  a  lieutenant- 
governor  or  a  judge  to  a  sheriff,  registrar  or  county  attorney. 
Its  tenure  of  ofi&ce  depends  on  the  confidence  of  the  legis- 
lature and  if  its  members  forfeit  that,  then  they  may  appeal 

[680] 


Elected  or  Appointed  Officials?  29 

to  the  people  in  accordance  with  the  practice  and  rule  of 
responsible  government.  Such  a  deadlock  as  may  occur  at 
any  time  between  President  and  Congress  within  the  next 
two  years  is  impossible  under  the  Canadian  system.  The 
executive  in  Canada  is  always  represented  and  consequently 
able  to  exercise  a  potent  influence  in  the  halls  of  the  legis- 
lature by  the  means  of  ministers  responsible  to  the  popular 
house.  An  appeal  to  the  people  as  a  consequence  of  a  dead- 
lock or  crisis,  will  immediately  settle  all  diflSculties  and 
bring  in  either  the  same  ministry  or  a  new  cabinet  with 
adequate  support  to  carry  their  measures  in  parliament,  and 
administer  public  affairs.  The  remedy  under  such  circum- 
stances is  speedy  and  decisive — not  delayed,  as  in  tlie  United 
States,  by  the  checks  and  guards  that  prevent  popular 
opinion  acting  immediately  on  the  executive  and  adminis- 
tration. In  Canada  the  judiciary  is  independent  equally  of 
the  crown  and  of  popular  influences,  since  a  judge  can  only 
be  removed  during  his  life  tenure  of  office  by  successful 
impeachment  in  parliament.  The  public  service  enjoys  all 
the  advantages  that  arise  from  permanency  of  tenure  and 
independence  of  a  popular  vote.  The  people  know  on  whom 
to  fix  responsibility  for  every  bad  appointment.  Under  the 
system  of  the  United  States  an  incapable  and  even  unworthy 
man  may  be  appointed  to  an  office,  and  continue  in  it  in  the 
majority  of  cases  as  long  as  he  can  retain  the  confidence  and 
support  of  the  party  manager  of  his  district.  An  incom- 
petent man  may  be  elected  time  and  again,  and  the  nation 
know  and  care  nothing  about  it,  but  in  Canada  the  humblest 
appointment  may  be  subject  to  the  rigid  scrutiny  of  the 
parliament  of  Canada  or  of  the  legislature  of  a  province, 
according  as  it  is  of  Dominion  or  provincial  character.  All 
the  debates  of  the  parliament  and  the  legislatures  of  Canada 
are  reported  in  the  press  to  an  extent  that  is  not  customary 
in  the  case  of  Congress  or  of  the  State  legislatures,  and  what 
is  said  reaches  every  comer  of  the  Dominion.  Canadians 
can  fix  the  blame  on  some  one,  but  who  is  to  punish  the 

[681] 


yy  Annai<s  of  thk  Amkrican  Academy. 

party  manager  or  the  people  misled  by  him  ?  A  system  of 
govermnent  like  that  of  Canada  which  places  the  respon- 
sibility on  a  body  of  legally  constituted  advisers  of  the 
crown,  or  in  other  words  a  committee  of  the  legislature,  has 
clearly  enormous  advantages  in  the  case  of  appointments  to 
public  office  over  a  system  like  that  of  the  United  States 
which  spreads  responsibility  over  so  wide  a  surface  that  no 
one  may  be  reached. 

The  writer  believes,  after  giving  much  consideration  to 
this  important  subject,  that  it  would  be  indeed  an  unhappy 
hour  for  the  good  and  efficient  government  of  Canada, 
were  the  intelligence  of  any  section  to  be  so  blinded  as  to 
lead  it  away  from  the  sound  doctrines  that  have  hitherto 
preserved  us  from  the  evils  which  have  weakened  the  po- 
litical structure  of  the  Federal  Republic.  If  in  a  moment 
of  indiscretion  any  Canadian  legislature  were  to  yield  to 
the  ill-advised  demands  of  party  in  order  to  obtain  a  tem- 
porary political  advantage,  and  attempt  the  experiment  of 
the  elective  system  in  the  case  of  the  officials  whose  tenure 
of  office  is  now  a  matter  of  deliberate  inquiry,  it  would  be 
literally  the  thin  edge  of  a  wedge  which  would  gradually 
and  surel}'  split  up  the  durable  foundation  on  which  govern- 
ment rests.  The  history  of  the  American  States  very  clearly 
shows  that  when  you  once  give  certain  privileges  and  rights 
to  a  people  it  is  not  possible  to  withdraw  them  directly  and 
immediately.  No  politician  would  dare  now  to  ask  for  such 
constitutional  changes  as  would  suddenly  sweep  away  the 
entire  elective  principle  in  the  case  of  all  national  and  State 
administrative,  executive  and  judicial  officers,  except  the 
president,  vice-president,  governors,  lieutenant-governors, 
and  political  heads  of  departments  who  occupy  positions 
somewhat  analogous  to  those  of  ministers  of  the  crown  but 
without  their  responsibilities.*     All  that  may  be  attempted 

•  "The  great  number  of  candidates  for  election  confuses  and  disgusts  the  voter* 
in  much  the  same  degree  that  it  makes  the  business  of  caucus  management 
intricate,  active  and  profitable.  The  election  of  such  officers  as  constables, 
county  clerks,  secretaries,  justices  and  judges,  whose  functions  are  in  no  acuat 

[682] 


r 


Elected  or  Appointed  Officials?  31 

is  to  curtail  and  modify  those  privileges  from  time  to  time, 
as  has  already  been  done  in  the  case  of  municipal  elective 
officers  and  of  the  judiciary.  If  once  in  Canada  the  elective 
principle  were  applied  to  sherififs,  registrars  and  a  few  other 
officials  in  the  province,  it  would  not  be  long  before  a 
politician  would  make  himself  popular  by  extending  tlie 
system  to  police  magistrates,  and  all  classes  of  officials.  In 
all  probability,  the  pressure  would  be  so  great  even  on  the 
Dominion  parliament  that  it  would  have  great  difficulty  in 
stemming  the  torrent  that  provincial  indiscretion  might  set 
flowing  by  the  removal  of  those  wise  barriers  which  sound 
policy  has  heretofore  raised  up  against  popular  and  party 
license.  A  federal  union  rests  on  a  broad  basis  of  states 
or  provinces  and  the  political  conditions  of  every  state  or 
province  must  more  or  less,  sooner  or  later,  influence  those 
of  the  federation  or  dominion  to  which  those  states  and 
provinces  give  life  and  union.  Once  adopt  the  elective 
principle  generally  in  the  provinces,  it  is  obvious  the  con- 
sequences would  be  most  serious  to  the  Dominion.  The 
result  would  be  that  Canada  would  be  no  longer  English  as 
respects  a  ftmdamental  principle  of  government.  She  would 
become  Americanized  by  the  adoption,  not  of  those  features 
of  the  system  of  her  neighbors  which  might  give  her  addi- 
tional strength  and  unity,  but  rather  of  those  methods  which 
would  be  more  or  less  destructive  of  political  morality  and 
in  direct  antagonism  to  those  principles  of  sound  and  efficient 
government  which  true  Canadians  are  ambitious  to  see  gather 
force  while  they  are  laboring  to  establish  on  durable  founda- 
tions a  new  nationality  on  tliis  continent. 

Home  of  Commons,  Ottawa,  Canada.  J-  G.  BOURINOT. 

representative,  and  who  were  appointed  until  the  sp«iU  system  had  become  csUh- 
lished,  is  indefensible  upon  any  sound  principles.  The  changes  that  made  them 
elective  were  naturally  desired  by  all  those  interested  in  the  patronage  of  party 
chieftains  or  gains  of  primary  elections.  To  make  the  re-appointment  of  such 
officers  safe  and  satisfactory,  we  must  reform  the  civil  terrice.  To  rellere  the 
primary  system  of  the  demoraliring  duty  of  selecting  officers  in  no  scnae  rep* 
resentative,  and  only  ministerial  and  administrative,  we  munt  make  such  oflcen 
again  appointive."  D.  B.  Eaton  in  "Cyclopaedia  of  Political  Sdeaoe,'*  Alt. 
"Primary  Elections." 

[683] 


THE  PACIFIC  RAILWAY  DEBTS. 

The  thirty  years'  term  of  the  original  loan  of  the  United 
States  to  the  Pacific  Railroad  has  rolled  round,  there  matured 
January  i6,  1895,  the  first  installment  of  bonds  issued  to  the 
Central  Pacific  Railroad  Company  for  the  first  piece  of  road 
built  and  accepted  under  the  act;  during  the  years  1896, 
'97,  '98  and  '99,  chiefly  in  1898,  other  installments  fall  due, 
aggregating  in  all  $64,623,512.*  These  six  per  cent  bonds 
are  a  full  obligation  of  the  United  States,  as  between  the 
holders  and  the  maker ;  there  is  nothing  for  the  Treasury 
to  do,  but  to  pay  them,  or  to  extend  them  on  acceptable 
terms.  Since  they  are  security  for  circulating  bank  notes 
the  latter  course  can  easily  be  followed,  at  not  more  than 
three  nor  less  than  two  per  cent,  at  the  convenience  of  the 
Treasury,  and  these  need  give  us  no  further  concern  here. 

But  as  between  the  maker  of  these  subsidy  bonds  and  the 
companies  who  first  received  them  they  constitute  a  debt 
nominally  due  and  payable  by  the  latter,  or  their  successors, 
together  with  arrearages  of  interest  also  advanced,  and  only 
in  part  reimbursed  by  transportation  services,  or  provided  by 
sinking  fund  accumulations.  The  amount  of  this  arrearage 
may  now  be  closely  approximated,  and  it  is  evident  that, 
dealing  with  all  the  debtor  companies  together,  it  will  fall 
not  far  short  of  the  principal  sums,  or  about  $125,000,000  in 
all,  of  which  fully  $70,000,000  will  be  for  the  Central  Pacific 
and  $55,000,000  for  the  Union.  The  exact  figures  at  any 
given  date  cannot  be  stated  with  precision  on  account  of  the 
mass  of  counter-credits  for  services  delayed,  disputed  or 
otherwise  in  suspense.  Indeed,  certain  judgments  for  large 
agg^regate  amounts,  not  subject  to  application  on  these  debts, 

♦  The  repayments  by  services  in  the  twenty-five  years  of  through  operation 
equal  one-fourth  only  of  the  interest  disbursements  or  about  one  and  a  half  per 
cent  per  annum  on  the  debt. 

[684] 


The  Pacific  Railway  Debts. 


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[685] 


34     Annai^  of  the  American  Academy. 

are  nevertheless  withheld  as  offsets  to  this  accruing  claim  of 
the  government. 

By  the  Act  of  1862  construed  literally  these  advances  were 
secured  by  a  '  *  first  mortgage ' '  (subsequently  in  1 864  waived)  H 
upon  the  condition  that  * '  said  company  shall  pay  said  bonds 
at  maturity ' '  and  that  on  a  failure  or  refusal  to  redeem  said 
bonds  or  any  part  of  them,  when  required  to  do  so,  the 
United  States  might  take  possession  of  the  aided  property 
for  its  own  use  and  benefit.  There  are  other  complicated 
provisions  for  partial  current  payments  for  service  and  in  one- 
twentieth  of  the  **net  earnings."  It  is  evident  that  these 
cautionary  clauses  were  properly  introduced  to  secure  some- 
thing beyond  and  more  important  than  the  return  of  the 
face  value  of  the  bonds  and  interest  at  a  given  date,  viz. ,  the 
early  completion  of  the  road  through,  or,  that  failing,  the 
control  of  the  corpus,  and  if  need  be,  its  transfer  to  other 
hands.  Although  following  the  formula  of  indentures  to 
secure  the  return  of  money,  the  acts  and  successive  amend- 
ments, their  titles  and  the  whole  scope  and  purpose  was 
rather  to  ensure  the  doing  of  certain  work  without  delay,  j 
the  creation  of  the  road,  its  use,  enjoyment  and  prestige] 
rather  than  the  customary  loan  of  money  for  hire.  A  gen- 
eration has  passed  since  the  contract  was  made,  but  it  must] 
be  construed  with  the  lights  then  before  the  parties. 

This  view  is  borne  out  by  reference  to  the  emergency  of  thej 
time  and  the  antecedents  in  military  and  postal  transportation. 
The  supply  of  Rocky  Mountain  forts,  and  a  scanty  overland^ 
mail  had  cost  as  much  as  $7,200,000  a  year,  while  animal, 
power  was  employed  and  while  the  government  was  insurer 
of  the  freight.     It  is  fair  to  assume  that  the  expectation  of 
the  parties  was  that  the  government  patronage  would  itself 
so  expand  after  completion  of  the  roads,  as  to  cancel  the 
current  interest,  $3,900,000  per  annum,  and  that  the  sub- 
sequent participation  in  the  net  earnings,  in  the  course  of  the 
eighteen  or  twenty  years  allotted,  would  be  so  considerable  as 
to  liquidate  the .  principal  sums,  or  nearly  so.     That  both 

[686] 


The  Pacific  Railway  Debts.  35 

sources  failed  to  do  so  much  is  in  good  part  the  voluntary 
doing  of  the  government  and  the  misfortune  of  the  com- 
panies. It  is  difficult  to  reconcile  these  facts  with  the  theory 
of  a  right  of  foreclosure  long  after  completion,  merely  to 
collect  a  residue  of  subordinate  debt. 

The  legal  status  of  this  debt  is  that  of  a  book  account, 
the  security  for  which  is,  or  rather  was,  a  statutory  lien  on 
the  aided  portions  of  the  road  and  the  corresponding  equip- 
ment. Even  if  recourse  to  foreclosure  could  fairly  be 
claimed,  or  were  sustained  by  the  higher  courts,  it  can 
readily  be  shown  to  be  a  barren  remedy.  As  a  punishment 
aimed  at  transgressors  it  would  miss  the  mark  and  injure 
only  innocent  third  parties  who  are  already  sufficiently 
victims.  Except  for  the  decorum  and  its  terror  to  under- 
lying claims,  the  second  mortgage  theory  might  as  well  be 
abandoned  and  all  thought  of  proceeding  on  that  line.  Of 
the  three  courses  open  to  Congress,  but  one  has  any  serious 
claim  to  attention.     These  three  courses  are: 

I.  Relinquishment  of  the  debt,  except  as  repaid  by  current 
services. 

II.  Attempted  foreclosure  and  possession,  followed  by 
transfer  to  new  owners  or  lessees,  or  by  operation  for  govern- 
ment account. 

III.  Extension  of  the  debt  at  such  rate  of  interest  as  the 
earnings  will  justify  after  providing  for  necessary  prior  fixed 
charges. 

First. — Pleas  have  been  made  before  Congressional  com- 
mittees, not  without  ingenuity,  to  have  these  debts  waived 
and  expunged,  or  rather  commuted  into  a  perpetual  obliga- 
tion to  carry  mails,  troops  and  supplies.  Had  this  enter- 
prise failed  to  pay  its  way,  as  was  expected,  or  had  its 
promoters  paid  every  demand  except  only  profits  to  the 
shareholders,  there  are  many  plausible  and  equitable  reasons 
why  a  magnanimous  course  would  be  opportune.  Nobody, 
however,  has  had  the  hardihood  to  formulate  such  a  Bill  or 
Report.     On  the  other  hand,  there  are  more  grave  reasons 

[687] 


36     Annai^  of  run  American  Acadkmy. 

why  the  claim  should  be  treated  as  a  valid  debt,  to  be  repaid 
to  the  last  dollar.  It  will  never  do  to  set  up  the  Treasury 
as  a  target  to  be  aimed  at  on  the  principle  of  condoning 
failures.  The  Nicaragua  Canal  Company  in  some  shape 
will  be  the  next  applicant  for  Treasury  assistance,  and  no 
worse  precedent  (for  its  success)  could  be  devised  than  to 
condone  the  debt  to  the  Pacific  Railroad  Companies.  It 
would  be  preferable  to  let  it  stand  though  it  were  indeed  a 
hopelessly  "  bad  debt." 

Second. — Nor  is  the  expediency  of  resort  to  foreclosure 
any  more  hopeful.     As  already  stated,    the  right  of  the 
government  to  take  possession  under  this  statutory  mortgage 
is  not  clear.     Beyond  doubt  its  right  to  do  so  was  in  full 
force  until  the  completion  of  the  roads  was  a  fact  or  in  plain 
sight.     With  the  junction  of  the  rails  in  May,  1869,  that 
right  lapsed  forever,  except  in  the  improbable  contingency 
of  an  abandonment  or  neglect  (and  then  only  to  supply  the 
omission) ,  an  event  not  likely  to  arrive  unless  by  the  com- 
plicity of  the  government.      Of  course,   it  is  within   the, 
sovereign  power  to  take  forcible  possession  of  this  railroadj 
subject,    however,    to  the   obligation   to  compensation   foi 
private  property  taken;  but  that  is  a  general  power   not 
derivable  under  its  statutory  claim.     The  astute  Senatoi 
who  framed  and  supported  the  Thurman  Act  of  1878,  willinj 
as  they  were  to  tie  the  hands  of  the  companies,  reached  th< 
conclusion  that  their  power  over  them  was  not  absolute,  but 
only  forbade  dividends  to  the  stock  until  after  twenty-five 
per  cent  of  the  net  earnings  had  been  applied  to  the  subsid] 
debt.     The  Supreme  Court,  by  a  bare  majority,  adjudge 
that  Congress  had  the  power  over  the  income  of  the  com- 
panies— not  by  reason  of  this  statutory  pledge,  nor  yet  b] 
virtue  of  the  reservation,  in  words,  of  the  right  "to  alter, 
amend  or  repeal,"  but  by  the  absence  of  power  in  one  legis- 
lature to  bind  its  successors ;  which  right,  be  it  observed,  is 
limited  where  contract  or  vested  rights  have  intervened  to 
what  is  just  and  reasonable  as  between  the  parties.     This 

[688] 


The  Pacific  Railway  Debts.  37 

latter  is  a  function  for  the  courts,  and  not  for  Congress,  to 
declare.* 

The  practical  situation  is  rather  complicated  than  cleared 
by  the  assertion  of  this  right  of  foreclosure.  To  begin  with, 
the  prior  liens,  equal  in  amount  to  the  face  of  the  subsidy, 
must  be  assumed,  and  either  paid  off  or  extended.  Suppose 
they  were  to  make  common  cause  with  the  stockholders  and 
claim  the  road  itself,  or  demand  their  money,  they  could, 
with  the  same  cash,  turn  roimd  and  parallel  every  essential 
portion  of  aided  road,  and  ally  themselves  with  branches 
and  terminal  lines  on  which  the  United  States  has  no  lien. 
No  one  knows  this  advantage  better  than  the  directors  of 
these  companies.  Quite  recently  a  new  Pacific  line  (the 
Great  Northern,  the  fifth  on  United  States  territory')  has 
been  completed  to  Puget  Sound  at  a  cost  of  one-third  that  of 
the  original  Union-Central  line.  Furthermore,  who  are  to 
be  the  bidders  at  a  sale,  outside  of  the  first  mortgage  holders 
and  the  government?  Much  as  the  managers  of  railways 
quarrel  among  themselves  for  a  division  of  freight  money, 
there  is  too  much  esprit  du  corps  among  them  for  any  respon- 
sible company  to  appear  as  a  competitive  bidder.  It  would, 
moreover,  be  in  danger  of  speedy  and  condign  punishment 
from  the  owners  of  these  indispensable  branches,  feeders, 
terminal  facilities  and  tributary  ocean  steam  lines.  No  one 
can  afford  to  own  the  piece  of  railroad  laid  across  these  dry 
deserts  and  high  mountains  and  which  does  not  also  have  its 
own  entrance  to  either  Council  Bluffs,  Kansas  City,  Denver 
or  San  Francisco.  The  nation  is  bound  by  honor  and  contract 
to  respect  the  claim  of  outsiders  to  the  extent  of  $25,000  per 
mile  for  the  eastern  portion  of  the  main  line,  and  about 
$35,000  per  mile  for  the  western  portion. 

Foreclosure  is  not  only  no  legal  solution  ;  it  is  no  practical 
solution.  It  is  the  forerunner  of  mischief  only.  In  his 
volume,  giving  a  compact  history  of  the  work  and  the  tribu- 
lations, entitled  the  "Union  Pacific  Railway,"  Mr.  John  P. 

•  Sec  U.  S.  Reports  on  Interest  case  and  Thurman  Act. 

[689] 


38  Annals  of  the  American  Academy. 

Davis,  though  accepting  the  right  of  foreclosure  without 
question,  in  a  concluding  chapter  as  to  its  future  sums  up 
the  etiuities  of  the  case  very  fairly  and  ably,  and  abundantly 
disposes  of  the  expediency  of  it  by  showing  the  multiplied 
difiiculties,  peq^lexities  and  expense  of  an  attempt  to  operate 
the  2494  miles  of  road  on  which  its  claims  rest.  As  matters 
now  stand,  it  requires,  to  manage  this  claim,  a  set  of  gov- 
ernment directors,  a  committee  of  each  House  of  Congress, 
a  special  bureau  with  accountants  and  engineer  in  the  depart- 
ment, and  at  intervals  a  special  commission  to  make  an 
independent  report.  If  the  government  owned  the  roads,  its 
duties  would  be  still  more  numerous  and  embarrassing. 

One  may  have  much  sympathy  with  the  people  of  Cali- 
fornia— a  hundred  thousand  of  whom  petition  to  have  the 
decision  take  this  course.  The  evils  they  so  eloquently 
pjrtray,  however,  are  those  which  other  parts  of  the  country 
sliare  with  them,  to  a  greater  or  less  extent.  They  .see  other 
communities  enjoying  the  benefits  of  a  sharp  competition  in 
rail -carriage,  in  through  freights  carried  at  bare  train 
expenses,  while  the  burden  of  fixed  charges  and  adminis- 
tration is  left  to  be  sustained  by  local  traffic;  that  is  to  sa}', 
a  ])()rti()n  of  the  traffic  of  railroads  (like  the  business  of  the 
Post-office,  which  tolerates  no  competitor)  is  done  at  less 
tlian  the  ser\ice  costs;  it  is  deemed  better  to  have  it,  and 
keep  the  larger  force  of  men  and  rolling  stock  employed, 
tlian  to  lose  it.  The  people  of  California  w^ould  like  tlie 
.iM)\-ernment  to  provide  them  with  this  cheap  carriage  for 
their  interior  freights  on  the  same  basis  as  the  overland 
business,  wliich  they  now  enjoy  to  tlie  full,  since  private 
ca])ital  is  unwilhng  to  do  so.  The  fares  and  freights  in  Cali- 
rnrnia  itself  are  not  high  nor  unreasonable,  tried  by  any 
standard.  Tliis  is  the  same  grievance,  cropping  up  in  a 
I'Mndrtd  other  ])laces,  which  the  Interstate  Commerce  Com- 
nii^-ion  was  organized  to  grapple  with,  but  which  it  can  do 
but  bttle  to  .alleviate. 

The  suggestion   emanating   from  the  same  State  that  the 

[690] 


r 


The  Pacific  Railway  Debts.  39 

Attorney-General  should  bring  suit  against  the  original 
directors  of  the  railway  companies,  to  recover  large  sums 
wrongfully  obtained,  is  not  a  fortunate  one.  As  a  means  of 
reimbursing  these  maturing  claims,  it  is  inadequate.  This 
course  was,  in  fact,  tried  years  ago,  as  a  sequel  of  the  Credit 
Mobilier  scandal,  before  the  Circuit  Court  at  Hartford,  when 
the  court  ruled  that  it  was  for  the  Union  Pacific  stockholders, 
not  the  government,  to  move,  as  they  were  the  parties 
wronged,  if  any.  In  like  manner  it  is  the  stockholders  of 
the  Central  Pacific  (now  for  the  most  part  in  Europe)  who 
are  at  liberty  to  bring  suit,  if  anybody,  for  restitution  of 
plunder,  under  this  exceptional  California  statute  made  to 
curb  the  dishonesty  of  mining  company  officials,  but  easily 
evaded  as  to  all.  Will  the  stockholders  do  so?  No;  for  the 
reason  that  it  would  be  throwing  away  good  money  after 
bad;  and,  besides,  they  have  to  fear  the  possible  hostility  of 
the  same  men,  or  their  successors,  intrenched  in  power,  and 
able  to  injure  even  if  dislodged.  It  is  easy  for  the  essayist, 
the  lawyer  or  the  legislator,  unfamiliar  with  the  mysteries 
of  Wall  street  and  railroad  finance  and  management,  to 
make  charges,  frame  bills  and  indictments,  but  not  so  the 
practical  work  of  negotiation  and  redress. 

An  illustration  (one  of  many  drawn  from  the  checkered 
history  of  the  Union  Pacific  Company)  may  serve  to  show 
how  difficult  is  the  situation  in  this  subdued  railroad  war- 
fare, and  how  embarrassing  at  times  is  the  choice  of  courses, 
with  the  best  disposition  to  follow  the  ethically  right. 
While  the  Union  Pacific  road  was  under  construction,  and  J. 
Gould  and  J.  Fisk  were  in  full  control  of  the  Erie,  the  latter 
made  an  attempt  to  "break  into  "  the  Union  Pacific  Com- 
pany, the  associate  supposed  to  be  in  the  background.  Some 
years  later,  after  they  had  been  ousted  from  the  Erie,  Gould 
had  acquired  the  Missouri  Pacific,  of  which  the  Kansas 
Pacific  (subsidized)  was  the  natural  prolongation  toward 
Denver  and  the  Pacific.  By  the  Act  of  Congress  the  Union 
Company  was  required  to  operate  the  main  line  with  the 

[691] 


40  Annai3  of  the  American  Academy. 

other  eastern  branches  ' '  as  one  continuous  line. ' '  It 
claimed  that  to  charge  the  local  rate  from  the  Cheyenne 
Junction,  midway  of  its  length  (which  rate  was,  in  many 
cases,  higher  than  the  rate  throughout  the  entire  Union 
Pacific  line)  was  a  sufl&cient  compliance  with  the  act.  Suits 
were  carried  from  cotut  to  court,  but  in  the  meantime  the 
Kansas  road  was  being  starved,  its  development  cramped. 
Its  stock  went  down  to  near  zero  and  the  first  mortgages  to 
50.  This  was  Gould's  opportunit3^  which,  with  character- 
istic nimbleness  and  secrecy,  he  improved.  He  acquired 
enough  stock  of  the  Union  to  become  a  director  and  all  of 
the  Kansas  that  he  could  buy,  in  open  market  or  privately. 
He  was  thus  on  both  sides  of  the  trade  and  informed  of  the 
counsels  and  plans  of  both  parties.  When  it  became  immi- 
nent that  the  Supreme  Court  would  have  to  decide  in  favor 
of  the  Kansas  Company,  he  suggested  a  consolidation  of  the 
two.  The  other  directors  demurred — for  obvious  reasons — 
whereupon  he  replied  in  effect:  **  Very  well,  gentlemen;  as 
you  like;  but  if  you  refuse  the  Missouri  and  Kansas  Com- 
panies will  build  from  Denver  to  Salt  Lake  and  the  Central 
terminus  at  Ogden,  and  then  where  will  you  be?"  This 
alternative  would  have  been  a  proper  and  feasible  thing  to 
-do.  His  views  prevailed  and  the  result  was  an  exchange 
of  share  for  share  of  stock,  the  assumption  of  the  bonded 
and  floating  debt  of  the  impoverished  partner  company, 
payment  of  deferred  interest;  in  all  a  profit  to  the  shrewd 
speculator  and  his  friends  of  not  less  than  ten  millions,  and 
perhaps  nearer  twenty. 

There  would  indeed  be  poetic  justice,  and  also  justice  of 
the  law  and  constitution,  if  some  of  these  extorted  gains 
could  somehow  be  recovered  for  the  unfortunate  small  stock- 
holders, who  are  the  parties  really  defrauded.  The  govern- 
ment, as  we  shall  presently  see,  may  recover  its  entire  claim 
without  allowance  for  equitable  set-off,  but  how  and  whence 
are  the  confiding  shareholders  to  get  back  their  money  when 
a  whole  century's  earnings  are  to  be  pledged  to  others  in 

[692] 


The  Pacific  Railway  Drbts.  41 

advance  of  them  ?  True,  the  Attorney-General  has  moved 
against  the  Stanford  estate,  ostensibly  on  behalf  of  this 
maturing  claim  of  the  government,  but  it  is  likely  that  this 
was  intended  and  miderstood  by  counsel  more  to  "stay 
waste  ' '  of  the  assets  tlian  in  the  hope  of  securing  any  part 
to  the  Treasury,  and  in  this  way  the  prosecution  is  a  real 
service  to  the  Stanford  University,  rather  than  an  injury,  as 
is  sometimes  alleged.  Had  all  the  great  fortunes  made  out 
of  this  government  subsidy  experiment  been  disposed  of  for 
objects  as  worthy,  and  placed  in  as  enlightened  and  compe- 
tent hands  as  this  one.  Congress  and  the  public  might  indeed 
overlook  or  condone  the  irregularity  of  their  acquisition. 

There  is  but  one  honorable  way  in  which  approximate 
justice  may  be  done  to  all  parties  concerned  in  this  Pacific 
Railroad  venture,  but,  alas!  it  is  not  free  from  difficulties. 
If,  notwithstanding  the  objections  to  government  ownership, 
it  is  decided  to  take  these  defaulting  companies'  property, 
the  only  fair  way  is  to  authorize  the  Secretary  of  the  Interior 
to  purchase  the  stock  of  both,  to  be  delivered  within  ninety 
days,  at  say  $50  per  share,  at  which  rate  it  would  secure 
nearly  all  the  $68,000,000  of  Central,  and  $60,000,000  of 
Union,  at  a  cost  under  $64,000,000.  This  would  double  its 
original  investment,  but  by  careful  nursing  it  might  prove  a 
judicious  purchase,  since  it  would  carry  control  of  four  or 
five  times  the  original  aided  mileage.  This  policy  need  not 
be  urged  on  behalf  of  the  shareholders,  but  on  the  ground 
of  fairness.  It  is  one  of  the  ciu"ses  of  corporate  management 
that  out  of  it  the  managing  directors  can  enrich  themselves, 
while  their  confiding  fellow-shareholders  are  impoverished. 
In  this  respect  the  Pacific  Company  officials  have  been  con- 
spicuous offenders.  If  the  legislative  favor  is  to  be  invoked 
on  behalf  of  anybody  besides  the  local  patrons  of  the  road,  it 
may  with  equal  reason  be  asked  on  behalf  of  defrauded  and 
comparatively  helpless  investors  in  the  stock,  many  of  them 
women  and  orphans  dependent  upon  the  expected  income, 
and  none  the  less  deserving  because  living  abroad;   they 

[693] 


42  Annals  of  thk  American  Acadkmy. 

trusted  to  the  honor  and  dignity  of  an  American  enterprise 
in  which  the  government  itself  was  chief  creditor. 

Third. — The  government  would  seem  to  be  shut  up  to  the 
third  remedy.  Compulsory  or  pursuing  legislation  is  at  best 
futile;  the  sovereign  authority  cannot  be  resorted  to  except 
as  an  extraordinary  or  war  power;  assignment  of  the  stock- 
holders' rights  is  hardly  practicable,  because  it  is  but  a  first 
step  in  an  untried  policy  looking  far  beyond  the  recovery  of 
the  debts.  There  remains  the  alternative  of  mutual  accom- 
modation. Valuable  as  are  these  lines  of  railway  with  their 
aflSliated  connections,  in  the  hands  of  their  owners;  the  co- 
operation of  stockholders  is  necessary  to  meet  these  onerous 
claims.  The  margin  between  solvency  and  insolvency  is 
too  narrow  to  tolerate  clashing  or  forcible  measures.  The 
nation  being  a  large  customer  of  the  roads  is  enabled  to  get 
some  current  return  upon  its  outlay,  the  equivalent  of  a  low 
rate  of  interest.  By  simply  withholding  the  compensation 
for  transport,  it  gets,  taking  a  series  of  years  together,  a  rate 
of  one  and  a  half  per  cent  on  the  new  debt  (or  three  per  cent 
on  the  old) ;  or  taking  the  corporations  separately  about  two 
percent  from  the  eastern  and  one  per  cent  from  the  western, 
the  disparity  being  caused  by  the  double  volume  of  public 
service  accruing  to  the  Union  Company.  An  insurrection, 
or  foreign  war,  might  carry  the  yield  much  higher.  In  view 
of  the  equitable  considerations  above  named,  and  the  fact 
that  whatever  the  amounts  demanded,  and  time  granted, 
the  payments  must  be  a  tax  upon  the  local  traffic,  is  not 
this  enough  and  a  fair  basis  for  commutation  of  interest  ? 

How  about  the  repayment  of  the  principal  ?  Some  induce- 
ment should  be  provided  for  its  early  liquidation.  The  ma- 
turity of  a  fraction  of  the  subsidy  bonds  does  not  alter  the 
moral,  nor  seriously  the  legal,  status  of  the  parties.  It  is 
the  duty  of  the  nation  to  help  the  credit  of  its  debtor  where 
its  own  claims  are  not  prejudiced  thereb5^  It  can  grant  an 
extension  of  time,  a  long  time,  without  sacrifice,  and  as  it 
can  do  nothing  practicable  but  that,  that  should  be  done 

[694] 


The  Pacific  Raii^way  Debts.  43 

willingly  and  helpfully.  This  extension  need  not  be  as 
great  as  some  of  the  bills  before  Congress  provide,  viz.,  a 
fixed  period  of  fifty  or  a  hundred  years,  all  of  which  is  to  be 
consumed  in  the  process;  but  ought  to  be  a  maximum  period 
of  a  hundred  years  with  an  inducement  to  shorten  the  time. 

Mr.  Charles  Francis  Adams,  while  president  of  the  Union 
Pacific  Railway  Company,  not  long  ago,  stated  to  a  com- 
mittee of  Congress  that  he  expected  to  repay  the  govern- 
ment advances  at  maturity.  He  probably  did  not  refer  to 
the  arrears  of  interest,  but  to  the  principal  only.  In  less 
than  two  years  his  company  was  pledging  all  its  treasury 
assets  (a  hundred  millions  face  value),  as  security  for  a  loan 
of  twenty  millions  to  meet  floating  debt,  and  soon  after- 
ward passed  into  the  hands  of  receivers  as  a  bad  insolvent. 
In  finance  the  optimist,  however  delightful  as  a  man,  is  a 
great  danger  to  himself  and  especially  to  his  friends — wit- 
ness the  examples  of  M.  de  L^sseps,  the  Barings  abroad,  and 
Messrs.  Jay  Cooke,  Henry  Villard  and  others  at  home. 
The  mistake  arose  in  overestimating  these  treasury  assets, 
stocks  and  bonds  on  tributary  lines. 

The  conduct  of  the  negotiation  has  passed  from  the  presi- 
dent of  the  company  to  a  tripartite  combination  of  the  gov- 
ernment directors  and  a  reorganization  committee  of  bond- 
holders or  the  stockholding  directors  on  the  one  side,  with 
the  two  committees  of  Congress  and  the  Executive  on  the 
side  of  the  government.  No  final  settlement  is  likely  to  be 
reached  before  the  new  Congress  convenes,  both  because  of 
want  of  time  to  thrash  out  so  complicated  a  question,  and 
because  a  majority  of  each  House  lacks  confidence  in  the 
recommendations  of  its  committee.  It  will  take  such  a 
body  a  long  time  to  discover  for  itself  the  controlling  ele- 
ments of  this  settlement,  since  it  will  not  give  credence  to  its 
own  organs,  nor  to  the  advocates  of  the  railroad  companies. 
These  elements  are: 

(a)  The  efficient  maintenance  of  the  road  as  a  military 
and  commercial  route. 

[695] 


44  Annai3  of  thk  American  Academy. 

(d)  The  government  demands  must  be  drawn  from  local 
traffic,  the  competitive  through  traffic  yielding  little  beyond 
train  expenses. 

(c)  Some  prospect  of  moderate  dividends,  in  the  near 
future,  should  be  held  out  to  stockholders;  otherwise  the 
management  will  be  poor  and  the  stock  a  foot-ball  of  Wall 
street. 

(d)  The  government  claim  may  properly  be  waived  in 
favor  of  the  depressed  industries  along  these  interior  lines, 
and  in  favor  of  certain  desirable  permanent  improvement 
for  the  general  public  benefit. 

(e)  The  earning  power  of  the  properties  cannot  be  ex-^ 
pected  to  improve  much  in  the  next  thirty  years. 

It  requires  no  demonstration  to  prove  that  large  systems 
of  railroads  cannot  permanently  be  operated  by  receiverships 
under  the  order  of  courts,  nor  that  the  proper  custodians  of 
such  property  are  the  owners.  A  railroad  at  best  is  a  very 
complicated  organization,  and  the  situation  of  these  aided 
roads  is  full  of  special  detail  and  complications.  To  ensure 
efficient  repairs  and  renewals,  to  secure  money,  materials  and 
service  at  the  best  rates,  there  must  be  something  like  per- 
manence and  self-interest  in  the  management.  The  govern- 
ment, not  less  than  the  minor  patrons,  is  interested  in  the 
safe  and  certain  transmission  of  mails,  troops  and  supplies 
far  beyond  its  interest  in  the  early  liquidation  of  this  debt. 
The  Oregon  branch  of  the  Central  Pacific  is  now  more 
necessary  as  a  military  line  than  is  any  other,  except  the 
Southern  Pacific  along  the  Mexican  frontier,  and  neither  of 
these  roads  is  likely  to  be  paralleled  for  a  century.  Both 
portions  of  the  aided  lines  have  become  integrate  parts  of 
vast  complex  systems  nearly  10,000  miles  in  extent,  with 
their  own  steamship  lines,  hotels,  coal  mines,  etc.  Dis- 
entanglement has  become  well-nigh  impossible.  Joint 
ownership  is  less  difficult. 

The  Union  Pacific  has  for  years  been  estopped  fi-om  paying 
dividends.      This  has  not  benefited  the  United  States  a 

[696] 


The  Pacific  Railway  Debts.  45 

particle;  it  was  a  restraint  applied  by  Congress  years  too 
late.  The  result  might  have  been  foreseen;  high  rentals, 
including  guaranteed  dividends  of  branch  and  tributary 
lines,  wholesale  construction  of  new  lines  with  guarantees  of 
interest,  or  "constructive  mileage ' '  allowances.  The  profits 
have  gone  to  insiders,  while  the  entrapped  investors  have 
remained  shorn  just  the  same.  The  Oregon  Short  Line,  the 
Northern  Utah  and  Montana,  the  Denver  and  Gulf  are 
specimens  of  the  absurd  competition  with  neighbor  companies 
for  territorial  control.  The  receivership  will  enable  the  in- 
solvent to  relieve  himself  of  the  excessive  load  of  some  of  these 
burdensome  leases,  guarantees  and  preferences;  but  others  of 
them  will  have  to  be  retained  as  a  charge  upon  the  main 
line  for  many  years. 

The  Reorganization  Committee  of  the  crippled  Union 
Pacific  bondholders,  in  which  the  government  is  amply 
represented,  is  reported  to  favor  the  very  customary  device 
in  such  cases  of  a  "  blanket  mortgage,"  covering  main  line 
branches,  and  Treasury  assets,  of  an  amount  large  enough  to 
cover  all  outstanding  bonded  debt,  estimated  at  $140,000,000, 
of  which  it  is  pro]X)sed  to  allot  nearly  one-half  to  the  United 
States  in  lieu  of  its  existing  claim.  The  rate  of  interest  on 
the  latter  is  to  be  about  two  and  a  half  per  cent,  and  on  the 
other  portions  of  the  issue  four  and  five,  according  to  the 
priority  and  merit  of  their  present  holdings.  If  the  stock- 
holders deliberately  choose  thus  to  advance  the  lien  of  the 
government  to  that  of  co-equality  with  the  other  bondholders 
and  to  postpone  their  hopes  of  returns  for  a  century,  it  is  an 
act  of  uncalled-for  self-sacrifice.  No  one  will  complain, 
unless  the  first  mortgage  holders  refuse  to  accept  the  security 
thus  diluted.  To  carry  out  such  a  plan  the  government 
must  step  in  as  guarantor  that  the  entire  loan  shall  be  taken. 
Who  else  is  to  advance  the  money  to  non-assenting  bond- 
holders ?  As  a  dilatory  device  it  may  answer,  but  not  as  a 
settlement.  It  does  not  require  the  prophetic  gift  to  foresee 
that  this  is  practically  an  irredeemable  issue.     With  the  first 

[697] 


46  Annaxs  of  the  American  Academy. 

unfavorable  year's  business  there  would  be  a  default,  and 
the  settlement  would  all  have  to  be  gone  over  again,  with 
the  government  in  a  different  situation — that  of  half  owner. 
Besides,  it  fixes  the  payment  at  the  full  term  of  fifty  or  more 
years,  there  being  no  provision  for  the  reimbursement  for 
the  Treasury  bonds  earlier  than  those  in  private  hands. 
Again  the  government  has  no  right  to  have  its  security 
improved,  except  for  valuable  consideration.  The  mere 
extension  of  time  for  payment  is  not  an  equivalent;  it  is 
not  a  forbearance — it  is  a  necessity — of  the  creditor.  Far 
better  would  it  be  to  make  some  allowance  of  interest  on 
principal  in  consideration  of  the  earliest  practicable  pay- 
ment consistent  with  the  stability  of  the  roadway  and 
structures  and  the  liberation  of  the  local  customers. 

The  Central  Pacific  Company  seems  to  have  escaped  the 
vigilance  of  Congress,  as  it  was  not  included  in  the  estoppel 
of  dividends.  Like  the  Union  it  paid  as  high  as  six  per  cent 
dividends  for  a  few  years  (this  was  the  period  during  which 
the  stock  was  unloaded  on  the  public),  then  suspended 
altogether,  after  which  it  resumed  at  the  rate  of  two  per 
cent,  until  the  financial  stringency  of  1893.  Inasmuch  as  a 
third  part  of  its  mileage  is  non-aided,  and  this  the  most 
profitable  in  operation,  there  was  no  injustice  in  this,  as 
moderate  contributions  were  simultaneously  made  to  first 
mortgage  sinking  fiinds,  and  the  Thurman  Act  complied 
with.  For  the  future,  however,  it  would  be  well  to  provide 
that  neither  of  these  three  corporations  should  be  allowed  to 
divide  as  profits  more  than  two  per  cent  per  annum,  either 
on  their  own  shares  or  of  any  controlled  or  leased  line,  on 
the  existing  basis  of  stock  to  mileage,  and  not  in  any  case 
unless  actually  earned,  until  at  least  one  semi-annual  install- 
ment of  the  government  claim  had  been  anticipated,  or 
unless  some  equivalent  concession  had  been  made  to  the 
non-competitive  local  shippers  and  passengers. 

None  of  the  bills  heretofore  reported  to  Congress  contains 
any  provision  for  waiving  the  claim  of  the  government  on 

[698] 


The  Pacific  Railway  Debts.  47 

behalf  of  the  settlers  and  industries  tied  up  to  this  aided 
line  and  unable  to  use  any  other.  This  is  a  thing  worth 
guarding.  In  like  manner,  the  public  claim  may  be  waived, 
or  rather  its  acceleration  may  be  waived,  in  favor  of  two 
important  improvements  at  the  California  end  of  the  road, 
which  obviously  must  remain  in  abeyance  until  this  settle- 
ment is  effected  or  provided  for.  One  of  them  is  a  ten-mile 
tunnel  under  the  crest  of  the  Sierra  Nevada  range,  thus 
obviating  some  2500  feet  of  elevation,  and  avoiding  nearly 
all  the  snow-galleries  and  sheds,  with  their  risks,  incon- 
venience and  expense.  The  other  is  a  bridge  across  the 
Straits  of  Carquinez,  to  replace  the  ferry  transfer.  The  cost 
of  these  may  be  roughly  estimated  at  $10,000,000  and 
$2,500,000  respectively.  There  should  be  no  increase  of 
stock  for  either. 

With  the  supporting  co-operation  of  Congress  the  out- 
standing first  mortgage  bonds  of  main  line  and  essential 
branches  may  be  refunded  into  new  consolidated  bonds, 
bearing  four  per  cent  interest,  secured  by  prior  liens  on  the 
whole  property.  This  authority  ought  to  be  cheerfully 
granted,  for  without  it  the  companies  may  not  be  able  to 
refund  at  less  than  five.  Here  is  a  saving,  not  at  the  expense 
of  the  government,  nor  the  patrons,  nor  the  stockholders; 
it  is  a  sort  of  relinquishment  of  interest  on  the  part  of 
capitalists  for  increased  security  and  immunity,  which  all 
concerned  should  willingly  accept.  To  whose  benefit  should 
this  saving  of  two  per  cent  on  say  $120,000,000  of  under- 
lying mortgages  inure;  to  the  companies,  or  to  the  govern- 
ment? Unhesitatingly,  to  neither  exclusively,  but  to  both 
in  common.  Here  then  is  a  source  whence  $2,400,000  may 
be  drawn  yearly,  and  half  that  much  at  least  can  be  spared 
at  once  for  appliance  on  the  capital  of  the  subsidy  debt. 


[699] 


48  ANNAI.S  OF  THE  AMERICAN  ACADEMY. 

Condensed  Table,  showing  the  capital^  bonded  debts^  sink- 
ing /u7ids,  of  the  Union  and  Central  Pacific  Railroad 
Companies  approximately  as  of  recent  dates. 

Union  Pacific  Raii^way  Company. 
(Including  Kansas  Pacific,  but  excluding  Central  Branch.) 

OUTSTANDINO. 

Capitai,  Stock,  main  line,  1827  miles 160,691,050 

Bonded  Debt  :  ' 

First  mortgage,  main  line  (no 

sinking  fund) ^27, 229,000 

First  mortgage,  Kansas  Pacific 

and  Denver  and  Pacific    .    .      12,209,000 

Total  having  undisputed  prior- 
ity over  United  States  lien  .  l39>438,ooo 

Kansas  Pacific,  on  aided  395,  and 

non-aided  and  laud  grant  .  .  .  ^11,724,000 
Union  Pacific  collateral  trust  .  .  .  11,224,000 
Union  Pacific  sundry  earlier  trust 

bonds 12,033,000 

Union    Pacific    sundry    mortgage 

bonds  on  portions 4,559*635 

Total  liens  subordinate  to  United 
States  claim l39>54o,635 

Total  funded  debt  Union   Pacific 

roads  proper 178,978,635 

Deduct: 

Sinking  funds,  estimated    .   .     I5, 000,000 
Land,  cash  and  funds  ....     10,807,357 

15,807,357 

Bonded  debt,  exclusive  of  Uni-  

ted  States  subsidy 163,171,278 

United  States  Aid  Bonds  : 

Principal    Union   and  Kansas 

Pacific 133,539,512 

Add  interest  disbursed  to  Nov. 

30,  1894 55,829,069 

[700] 


The  Pacific  Railway  Debts.  49 

Total  principal  and  interest  ad- 
vanced     189,368,581 

L/Css  repaid  by  services  and 
United  States  sinking  fund, 
etc.,  as  per  Treasury  ledgers  54,281,518 

Apparent  net  debt  to  the  United 
States $55,087,063 

Total   debt  net  for  account  of  its 

own  lines 1118,258,341 

The  bulk  of  this  debt  bears  six  per  cent  interest,  and  the  average  is 
near  six. 

The  present  fixed  charge  would  seem  to  be  about  |8,ooo,ooo  for 
interest  exclusive  of  rentals,  guarantees  and  sinking  fund  require- 
ments, $1,250,000  per  annum,  largely  on  branch  lines  and  feeders. 
Besides  the  1827  miles  of  its  own  the  Union  Pacific  controls  by  stocks, 
bonds,  leases,  5868  miles,  on  account  of  which  it  incurs  large  obliga- 
tions.    Many  of  these  may  be  scaled  down. 

Centrai,  Pacific  Rah^road  Company. 

(Including  Western  Pacific.) 

ouT8TAin>nro. 
lpitai.  Stock,  of  which  $724,500  is  held  in  Treasury  in 
trust $68,000,000 

>NDED  Debt  : 
First  mortgage,  main  line  and  branches, 

1360  miles $45,038,000 

Land  bonds 2,837,000 

Total    having    undisputed    priority   over 

United  States  lien $47,875,000 

Fines  of  1939  (issued  since  lease  of  road)  .     1 1,000,000 

Total  bonded   debt  Central   Pacific    road 

proper $58,875,000 

Deduct  :  Company  sinking  funds,   exclusive 
of  land,  cash  and  notes,  $500,000   .   .       .   .     10,698,702 

Net  balance  company  bonded  debt     .    .   .  $48,176,298 

[701] 


50  Annals  of  the  American  Academy. 

United  States  Aid  Bonds  : 

Central  Pacific  and  Western  Pacific  prin- 
cipal  127,885,680 

Interest  disbursed  to  1894 42,669,882 

Total  principal  and  interest  advanced    .    .   170,555,562 
lycss  repaid  by  services,  cash  and  sinking 
fund I3»67i,558 

Apparent  net  balance,  December  31,  1893    .   .  156,884,004 

Total  net  debt  for  account  of  its  own  lines ^105,060,302 

The  Central  Pacific  Railroad  is  leased  to  the  Southern  Pacific  Com- 
pany, which  agrees  to  pay  interest  and  fixed  charges.  Net  earnings 
were  sufficient  to  meet  charges  but  not  dividends  in  1893.  For  1894  the 
financial  condition  is  not  improved. 

The  original  charter  conferred  the  power  of  consolidation 
on  these  four  or  five  subsidized  corporations,  after  comple- 
tion, and  it  would  have  been  wise  policy  to  have  merged  the 
two  main  companies  years  ago,  and  thus  have  saved  much 
friction  between  them,  and  avoided  the  consequent  building  of 
superfluous  lines.  The  Union  Pacific  has  had  the  misfortune 
of  internal  dissensions  almost  from  the  first,  and  has  not  always 
been  judiciously  financiered;  its  burdens  are  unduly  swollen, 
and  its  field  of  operations  open  to  assaults  of  its  rivals  from 
which  it  suffers  continually.  The  lease  of  the  Central 
Pacific  to  the  Southern  should  be  canceled,  and  the  Union 
take  the  place  of  the  Southern.  If  the  stockholders  of 
both  companies  would  but  take  the  trouble  to  register  their 
shares  in  their  own  names,  and  authorize  an  equitable  con- 
solidation, terms  could  be  found  and  this  consummation 
promptly  reached.  The  Central  Pacific  managers  (who  are 
now  only  small  stockholders)  have  been  stubborn  for  their 
own  advantage,  and  have  thus  far  presented  a  united  front. 
Perhaps  the  two  cannot  be  dealt  with  by  legislation  on. 
exactly  the  same  footing,  but  in  some  way  a  sort  of  coercion 
could  be  put  on  one  or  the  other,  to  promote  a  consolidation 
which  would  benefit  the  community  at  large. 

[702] 


The  PAaFic  Raii,way  Debts.  51 

For  the  sake  of  simplicity  it  would  be  preferable  to  have 
the  amount  of  new  indebtedness,  when  ascertained,  cut  up 
into  one  hundred  annual  (or  preferably  two  hundred  semi- 
annual) installments  of  the  principal  sum,  one  of  which 
shall  become  payable  each  six  months,  together  with  the 
interest  on  all  deferred  payments.  It  is  possible,  of  course, 
to  add  the  whole  interest  at  once  to  the  principal  and  then 
divide  this  into  two  hundred  equal  payments;  but  this  only 
excites  distrust,  and  nearly  the  same  uniformity  of  require- 
ments can  be  reached  by  a  graded  rate  of  interest  commenc- 
ing at  one  and  one-half  per  cent  for  the  first  ten  years,  with 
a  gradual  increase  toward  six  per  cent  for  the  last  decennium, 
with  a  proviso  that,  in  the  event  of  unlooked-for  prosperity, 
the  remainder  may  be  canceled  at  any  time  at  the  then  pre- 
vailing rate.  This  would  create  a  powerful  inducement  to 
extinguish  the  government  claim  at  the  earliest  rather  than 
at  the  latest  date.  The  practical  working  of  this  plan  may 
be  seen  from  the  subjoined  statement,  for  the  two  com- 
panies combined  (of  which  about  sixty  per  cent  would  be 
borne  by  the  Union  and  forty  by  the  Central),  whereby,  if 
the  debt  were  anticipated  in  the  forty-ninth  year,  the  average 
rate  of  interest  paid  would  be  2.2  percent;  if  on  the  seventy- 
fourth  year,  3.1  per  cent;  and  if  allowed  to  run  to  maturity, 
3.3  per  cent. 

It  would  not  be  difficult  to  frame  a  much-needed  section  or 
two  in  amendment  of  the  pending  bills  which  should  secure 
these  salutary  ends:  (i)  To  enhance  the  borrowing  power 
of  the  debtors;  (2)  to  provide  for  an  anticipation  of  the 
subsidy  debt  in  advance  of  the  prior  liens;  (3)  to  promote  a 
consolidation,  and  at  the  same  time  dispense  with  the  cum- 
bersome supervision  of  directors,  bureau  and  commission; 
(4)  to  shield  the  local  traffic  from  undue  oppression;  (5)  to 
encourage  the  construction  of  certain  g^eat  permanent  struc- 
tures, and  to  insure  the  maintenance  of  a  superior  roadway; 
(6)  to  prohibit  payment  of  dividends  by  lessor  or  lessee 
companies    without  the  consent  of  the    Secretary  of  the 

[703] 


52  Annals  of  the  American  Academy. 

Interior,  or  in  excess  of  two  per  centum  per  annum,  so  long 
as  one-half  of  the  obligations  delivered  to  the  United  States, 
together  with  the  interest  accrued  thereon,  remain  unre- 
deemed. 

Statement  showing  the  operation  of  an  a?i7iual pay7nent  of 
one  per  cent  of  a  debt  of  $12^,000^000,  with  a  progressive 
rate  of  i?iterest  on  deferred  payments,  so  as  to  require 
approximately  uniform  semi-annual  installments  ;  and  also 
afford  an  inducement  to  the  debtor  to  cancel  at  the  earliest 
practicable  date. 


Rate  of  Interest. 

Total 

Outstanding 

Dtcennium. 

Per  cent. 

Year. 

Interest. 

Annually. 

Principal. 

ist  to 

loth 

I 

1st 

$1,250,000 

$2,500,000 

$125,000,000 

nth  to 

20tll 

I^ 

nth 

1,737,000 

2,987,000 

112,500,000 

2ISt  to 

30th 

2 

2ist 

2,000,000 

3,250,000 

109,000,000 

31st  to 

4otli 

2^ 

31st 

2,187,500 

3,437,500 

87,500,000 

41st  to 

50th 

3 

41st 

2,250,000 

3,500,000 

75,000,000 

51st  to 

60th 

1% 

51st 

2,187,500 

3,437,500 

62,500,000 

6ist  to 

70th 

4 

6ist 

2,000,000 

3,250,000 

50,000,000 

71st  to 

80th 

4>^ 

7ivSt 

1,687,500 

2,937,500 

37,500,000 

8ist  to 

90tli 

5 

8ist 

1,250,000 

2,500,000 

25,000,000 

91st  to  looth 

6 

91st 

750,000 

2,000,000 

12,500,000 

The  amount  of  interest  and  the  total  annual  requirements  for  thei 
intervening  years  would  be  l^ss  by  sums  varying  between  $12,500  in] 
the  second  year  to  $75,000  in  the  ninety-first  year,  and  are  readily^ 
ascertainable. 

Richard  T.  Colburn. 

MUzabeth,  N.  J. 


[704] 


TERMINOLOGY  AND  THE  SOCIOLOGICAL 
CONFERENCE. 
In  the  Annals  for  September,  1894,  appeared  a  paper  by 
Mr.  I.  W.  Howerth,  on  the  "Present  Condition  of  Sociology 
in  the  United  States. ' '  The  result  of  this  writer's  extended 
and  careful  inquiry  was  to  show  ' '  the  chaotic  condition  of 
sociological  thought. ' '  Much  of  recent  discussion  has  had 
a  similar  result,  leaving  the  impression  upon  the  public  at 
least  that  there  was  little  agreement  among  sociologists  as  to 
the  nature  or  even  the  field  of  their  science.  Thus  Mr. 
Spencer  defines  sociology  as  "the  science  of  societ>',"  and 
gives  as  a  reason  for  adopting  the  term  that  * '  no  other  name 
sufiiciently  comprehensive  existed."  By  inference,  there- 
fore, we  may  assume  that  he  intended  the  word  to  mean  a 
comprehensive  science  of  society.  This  definition  is  accepted 
by  Ward  and  De  Greef,  and  with  slight  variations  by  other 
writers.  Recently,  however,  the  propriety  of  this  definition 
has  been  sharply  questioned.  With  Small  the  departure  is 
apparent.  * '  Sociology  is  the  synthesis  of  all"  the  particular 
social  sciences,"  but  "not  a  substitute"  for  them,  nor  does 
it  strictly  include  them.  * '  Sociology  is  subsequent  to  all 
these  sciences  and  dependent  upon  them."  The  difference 
is  obvious.  Economics,  politics,  etc.,  are  not  parts  of  so- 
ciology, but  separate  sciences,  each  cultivating  a  field  within 
which  sociology  cannot  trespass.  But  when  they  have  raised 
their  different  crops  of  conclusions  a  new  science,  sociology, 
subjects  these  conclusions  to  a  subsequent  combining  pro- 
cess by  which  alone  they  can  be  transformed  into  * '  a  body 
of  wisdom  available  as  a  basis  of  deliberate  social  procedure." 
The  agricultural  simile  is  not  intended  as  a  caricature.  The 
writer  himself  says  that  sociology  uses  social  facts  *  *  as  the 
raw  material  of  social  ideals." 

[705] 


54  Annaxs  of  the  American  Academy. 

Still  a  third  and  apparently  very  different  view  of  soci- 
ology is  vigorously  championed  by  Professor  Giddings.  He 
objects  to  De  Greef's  classification  as  one  of  "  the  all  com- 
prehending schemes ' '  which  *  *  includes  everything,  from  the 
husbanding  of  com  and  wine  to  electioneering  contests  in 
the  Institute  of  France. '  *  Such  a  conception  not  only  re- 
quires the  sociologist  to  be  "either  omniscient  or  superfi- 
cial," but  it  "disintegrates  his  science."  Sociology  is 
*  *  defined  as  the  science  of  social  elements  and  first  princi- 
ples. It  is  not  the  inclusive  but  the  fundamental  social 
science. ' '  And  farther,  in  apparent  contradiction  with  the 
preceding  definition,  '  *  the  special  social  sciences  rest  on  so- 
ciology." These  are  but  fragments  of  his  keen  and  vigor- 
ous indictment  of  former  classifications. 

It  is  not  strange  that  these  striking  differences  of  opinion 
should  have  deeply  impressed  the  popular  mind.  The  de- 
sirability of  removing  both  this  impression  and  the  fact  that 
caused  it  led  to  a  conference  recently  in  New  York,*  at 
which  prominent  representatives  of  all  shades  of  opinion 
were  present,  including  the  American  writers  already  men- 
tioned. Sociology  was  there  defined  as  the  "inclusive," 
the  '  *  co-ordinating  ' '  and  the  * '  fundamental ' '  social  science, 
with  all  the  diversity  which  previous  utterances  had  led  us 
to  expect.  The  final  result  of  the  discussion,  however,  was 
to  the  minds  of  those  present  so  important,  that  it  seems  de- 
sirable to  give  it,  if  possible,  a  more  permanent  and  effective 
form.  While  I  write  with  this  end  in  view,  I  do  not,  of 
course,  assume  to  speak  authoritatively  for  the  conference, 
nor  .shall  I  maintain  even  the  form  of  report,  except  so  far  as 
suits  my  purpose.  I  merely  give  my  own  view  of  the  ques- 
tion discussed,  a  view  which  I  understand  to  be  in  substan- 
tial agreement  with  the  conclusion  reached  by  the  conference. 
That  conclusion  was  that  the  three  unreconciled  conceptions 
of  sociology  before  mentioned  are  reconcilable  and  at  the 
bottom  identical. 

*  December  a8,  1894,    See  below  p,  139. 

[706] 


Terminology  and  Sociological  Conference.     55 

In  the  first  place,  only  a  moment's  reflection  is  needed  to 
show  that  a  '*  co-ordinating  "  and  a  "  fundamental  *•  social 
science  are  one  and  the  same  thing.  How  are  the  various 
sciences  which  deal  with  society  to  be  correlated  ?  We  are  past 
the  day  when  this  correlation  can  be  accomplished  by  the 
bookbinder  or  the  printer.  To  bind  in  one  volume,  witlt  the 
name,  social  science,  treatises  on  economics,  politics,  etc., 
with  possibly  the  prefatory  remark  that  they  all  concern 
man  in  his  relations  with  other  men,  produces  much  the 
same  organic  result  as  that  of  the  daily  paper  which  prints  in 
adjacent  columns  accounts  of  a  sermon,  a  reception  and  a  prize 
fight  under  the  heading,  social  events.  Of  course,  tib  soci- 
ologist of  the  slightest  repute  has  ever  sanctioned  this  mere 
bundling  together  of  distinct  sciences  under  the  name  of 
sociology,  and  objections  to  such  a  process  are  mere  attacks 
upon  a  man  of  straw.  But  it  has  not  always  been  clear  how 
the  social  sciences  were  correlated.  There  is  plainly  but  one 
way  which  can  have  any  scientific  significance.  If  the 
social  sciences  are  correlated,  it  must  be  by  the  p>ossession 
of  certain  principles  that  are  common  to  them  all.  If  there 
are  any  laws  which  govern  men  in  all  their  associations,  in 
the  factory,  the  household,  the  church,  etc.,  these  laws  must 
certainly  be  regarded  as  fundamental.  Furthermore,  it  is 
plain  that  the  discover>'  and  formulation  of  these  laws  will 
disclose  the  relations  which  subsist  between  those  different 
sciences  which  deal  with  different  classes  of  social  phe- 
nomena. It  is  not  clear  that  these  sciences  can  be  related 
in  any  other  way  than  by  a  common  dependence  on  funda- 
mental and  universal  principles.  It  would  be  idle  to  insist 
on  a  truth  so  obvious  had  not  differences  of  form  and  em- 
phasis left  the  impression  of  disharmony,  which  it  is  to  be 
hoped  that  future  usage  will  avoid. 

This  difference  is  most  apparent  in  the  allied  question,  Is 
sociology  "subsequent  to"  and  *' dependent  upon"  the 
other  social  sciences,  or  do  they  "rest  on  sociolog>' ?**  Both 
statements  are  true,  as  their  authors  readily  admit,  while 

[707] 


56  Annai^  of  the  American  Academy. 

emphasizing  them  differently.  Sociology  is  logically  pre- 
cedent and  chronologically  subsequent  to  the  differentiated 
social  sciences.  The  universal  laws  governing  human  asso- 
ciation are  necessarily  * '  the  postulates ' '  of  the  differentiated 
social  sciences,  and  the  latter  ''rest  on"  the  former,  but 
historically  these  sciences  have  preceded  and  must  precede 
sociology.  How  do  we  know  that  a  law  is  universal  if  not 
by  comparing  the  results  of  many  local  observations  ?  The 
special  sciences  furnish  to  the  general  science  its  data, 
receiving  from  the  latter  their  postulates  in  exchange.  The 
dependence  is,  of  course,  mutual,  and  should  be  so  recog- 
nized. 

We  have  remaining  two  conceptions  of  sociology  which 
are  apparently  more  distinct.  The  ' '  comprehensive  social 
science"  includes  the  special  sciences;  the  "science of  social 
elements  and  first  principles  ' '  emphatically  excludes  them. 
It  is  perhaps  too  much  to  say  that  these  two  conceptions  are 
identical,  but  it  can  be  clearly  shown  that  the  difference  has 
less  importance  than  recent  discussions  have  seemed  to  give 
it,  there  being  substantial  agreement  as  to  the  real  relations 
involved  and  the  wisest  course  to  be  pursued  by  both  investi- 
gator and  teacher. 

Let  us  notice  the  agreement  as  to  facts  before  we  discuss 
the  question  of  terminology.  Everyone  admits  that  there 
are  certain  general  laws  governing  the  association  of  men  in 
groups  of  every  kind,  and  profoundly  influencing  the  char- 
acter of  these  groups,  even  in  their  remotest  details.  These 
are  comparable  to  gravitation,  chemical  affinity,  etc.,  and 
their  formulation  is,  conceivably  at  least,  a  definite  and  useful 
task.  On  the  other  hand,  no  one  will  claim  that  these  simple 
generalizations  supply  all  needed  knowledge  of  society,  or 
exhaust  the  field  of  scientific  inquiry.  These  general  laws 
must  be  studied 'in  their  secondary  or  special  phases,  which 
are  local  in  their  manifestation.  This  gives  rise  to  certain 
other  definite  and  presumably  profitable  tasks,  the  achieve- 
ments in  which   constitute  the  well-known   special    social 

[708] 


TERMINOI.OGY  AND  SOCIOLOGICAL  CONPERENCB.       57 

sciences.  Though  logically  secondary,  they  have  developed 
historically  first,  on  the  principle  so  admirably  formulated 
by  Simmel  that  * '  the  simplest  results  of  thinking  are  not 
the  results  of  the  simplest  thinking."  As  to  the  relation  of 
these  secondary  sciences  to  the  primary  science,  there  is  not 
the  slightest  disagreement.  They  are  branches.^  It  is  only 
a  question  whether  they  are  branches  <2/*  sociology  or  branches 
from  sociology.  When  men  agree  upon  facts,  and  know 
that  they  agree  on  them,  questions  of  terminology  usually 
lose  their  interest,  but  until  we  have  a  more  discriminating 
public  to  deal  with,  these  questions  will  never  wholly  lose 
their  importance. 

Without  attaching  much  importance  to  metaphor,  it  may 
be  useful  to  make  a  larger  application  of  the  one  last  used. 
A  tree  has  branches.  They  are  dependent  on  the  general 
life  of  the  tree,  and  their  general  character  is  determined  by 
it.  Nevertheless,  they  have  an  individual  identity  and  local 
peculiarities.  Is  the  tree  merely  a  bundle  of  branches  ?  By 
no  means;  it  has  root  and  trunk,  without  which  there  would 
be  no  branches.  In  the  case  of  our  particular  tree  we  are 
all  agreed  except  as  to  the  name.  We  have  names  for  the 
branches  and  one  name  to  spare — an  excellent  name,  which 
we  can  apply  either  to  the  trunk  or  to  the  whole  tree.  Some 
say  the  branches  are  parts  of  the  tree  and  others  say  they 
are  not,  all  of  which  is  obviously  only  a  question  of  words, 
or  rather  of  a  single  word;  and  even  here  the  dispute  seems 
to  produce  no  confusion  of  ideas  as  to  the  facts. 

This  last  point  is  the  very  question  at  issue,  and  it  be- 
hooves us  to  be  sure.  If  the  double  use  of  the  term  has 
bred  confusion,  it  will  appear  in  the  treatises  on  the  subject. 
The  most  prominent  of  these  are  those  of  Spencer  and  Ward, 
both  large  works  and  based  on  the  idea  that  sociology  is  the 

»  I  am,  of  course,  speaking  of  economlM,  politics,  etc.,  in  the  ordinary  leaae. 
If  these  terms  are  used  in  an  extraordinary  sense,  nothiag  which  has  heen  Mid 
here  or  heretofore  may  find  intelligible  application  to  the  new  concepts  whkh 
these  familiar  terms  are  made  to  sUnd  for.  This  is  at  least  an  ohjcctloa  to 
needless  innovations  in  accepted  terminolojfy. 

[709] 


58  Annals  of  thk  American  Academy. 

comprehensive  social  science.     Here,  if  anywhere,  we  should 
expect  to  find  the  special  sciences  actually  incorporated  into 
sociology.     But  this  is  far  from  the  case.    Spencer  and  Ward 
have  never  been  counted  as  economists  in  anything  but  the 
most  general  way,  though  their  claim  to  a  high  rank  as 
sociologists  is  beyond  dispute.     Ward  has  been  criticised  for 
introducing  matter  too  fundamental,  /.  e.,  his  monistic  phi- 
losophy, but  never,  so  far  as  I  know,  for  going  too  much  into 
special  lines.     Objection  may  be  taken  to  their  conclusions, 
but  it  can  hardly  be  said  tliat  they  have  abused  their  inclu- 
sive definition  in  practice.     The  reason  is  obvious.     Too 
great  attention  to  the  branches  would  have  defeated  their 
purpose,  and  any  man  who  has  the  ability  for  broad  generali- 
zation may  be  trusted  to  appreciate  that  fact.     That  Spencer 
has  had  the  same  working  conception  of  sociology  as  his 
critics  was  not  only  freely  admitted  by  all  at  the  conference, 
but  has  been   admitted   by  them   before.      Says  Professor 
Giddings:   "Sociology  is  a  general  science,  but  a  general 
science  is  not  necessarily  a  group  of  sciences ' '  (to  whichj 
Spencer  would  assent  in  theory  and  practice).     **  No  doubt 
the  w^ord  will  continue  to  be  used  as  a  short  term  for  th« 
social  sciences  collectively,  and  there  is  no  harm  in  that. 
Again,  in  a  synthetic  philosophy  like  that  of  Mr.  Spencer's,] 
it  can  always  be  used  legitimately  to  denote  an  explanatioi 
of  social  evolution  in  broad  outlines  of  abstract  truth."     II 
is  plain,  therefore,  that  Professor  Giddings  both  fairly  appn 
ciates  and  justifies  Mr.  Spencer's  use  of  the  term  and  his] 
development  of  the  subject  of  sociology.     How  comes  it,j 
then,  that  his  carefully  weighed  statements  have  producec 
such  an  exaggerated  contrary  impression  ?     I  will  venture 
an  explanation  based  partly  on  his  statements  and  partly  on 
my  own  speculations. 

Spencer  has  not  defined  sociology  as  a  mere  group  of 
special  sciences  or  treated  it  as  such,  but  he  has  been  so  inter- 
preted. This  is  the  more  possible,  because  more  than 
almost  any  other  man  he  has  been  talked  about  by  men  who 

[710] 


Terminology  and  Sociological  Conference.     59 

never  read  him.  To  him  the  science  of  society  was  a  tree 
with  many  branches.  He  called  the  tree  sociology  and  as  a 
sociologist  considered  mainly  the  trunk,  leaving  the  branches 
to  specialists  in  the  study  of  their  individual  characters.  The 
public  has  gotten  from  Spencer's  sociology  little  but  the 
name  and  has  applied  that  to  the  bundle  of  branches,  be- 
cause that  was  all  it  knew  about  the  tree.  The  priority  of 
local  investigation  made  this  inevitable,  but  it  was  unfortu- 
nate for  the  progress  of  the  science.  The  specialist  who 
*'  straddled  "  over  two  or  three  branches  was  deemed  a  soci- 
ologist, which  he  was  not  in  the  Spencerian  or  any  other 
sense.  Fundamentals  were  neglected  in  the  effort  of  the 
teacher  to  enlarge  his  repertoire.  Doubtless,  some  real  soci- 
ology came  of  this,  but  only  incidentally  and  as  it  were  un- 
consciously. To  this  objection  from  the  standpoint  of  science 
was  added  another  from  the  standpoint  of  pedagogics.  The 
university  which  has  instruction  in  the  various  social  sciences 
has  no  room  for  a  chair  of  sociology  in  this  pseudo-sense. 
Without  academic  recognition  sociology  can  make  little  prog- 
ress. It  must  not  be  forgotten  that  this  pseudo-science 
never  had  the  sanction  of  any  reputable  sociolog^t,  but 
it  gained  credence  and  was  an  ugly  fact  to  be  reckoned 
with. 

Against  this  conception  Professor  Giddings  has  properly 
protested.  To  the  minds  of  some  his  protest  has  in  turn 
been  liable  to  misinterpretation.  He  has  seemed  to  over- 
emphasize the  separateness  of  sociology  from  economics,  etc., 
even  to  the  extent  of  making  it  a  co-ordinate  science.  Again, 
he  has  seemed  at  times  to  hold  Spencer  and  others  responsi- 
ble for  all  the  misinterpretations  to  which  their  writings 
gave  rise,  thus  producing  the  impression  to  which  reference 
was  made  at  the  outset,  that  sociologists  were  not  agreed  as 
to  the  very  subject  of  their  science,  an  impression  which 
was  not  only  incorrect  as  we  have  seen,  but  in  turn  preju- 
dicial to  the  science.  But  it  is  hard  to  perfectly  apportion 
one's  emphasis  or  foresee  all  the  misinterpretations  which 

[711] 


6o  Annai^  of  thk  American  Academy. 

will  arise,  and  Professor  Giddings  deserves  the  fullest  recog- 
nition for  his  services  in  rescuing  sociology  from  the 
'*  straddlers,"  in  insisting  that  the  tree  was  more  than  the 
sum  of  the  branches  and  that  this  more  was  the  very  thing 
that  gave  sociology  its  reason  for  existence.  This  service  is 
none  the  less  real  because  the  false  conception  was  not 
chargeable  to  any  prominent  representative  of  the  science. 

I  am,  of  course,  aware  that  the  relations  here  discussed 
are  not  so  simple  as  I  have  seemed  to  make  them.     I  fully 
concur  in  the  acute  suggestion  of  Professor  J.  B.  Clark,  that 
in  all  applications  of  the  tree  and  branch  figure  the  tree 
should  be  a  banyan  tree.      The  special  social  sciences  do 
not  deal  exclusively  with  the  phenomena  of  htunan  associa- 
tion.     Economics,    for  instance,    receives  postulates  from 
psychology  and  the  physical  sciences  as  well  as  from  sociol- 
ogy.    As  a  partially  independent  science  it  may  even  give 
postulates  in  turn  to  sociology,  thus  reversing  the  order  of 
dependence.     Frequently,  too,  there  is  a  difference  of  per- 
spective,  as  when  the  economist  studies  association   as  a, 
factor  in  the  development  of  wealth,  while  the  sociologist 
studying  wealth  as  a  factor  in  the  development  of  society.] 
It  may  be  urged  against  every  classification  that  it  artificially 
simplifies  and,  in  so  far,  misstates  the  real  relations  involved.] 
But  this  does  not  invalidate  the  classification.     The  question:] 
is,  does  it  isolate  and  emphasize  Mh^  most  important  relations] 
of  dependence  ?     It  seems  to  be  generally  agreed  that  the 
laws  of  association  are  the  principal  postulates  of  the  special] 
"  social  "  sciences  if  we  may  judge  by  the  name  applied  to' 
the  group. 

I  have  tried  to  show  that  the  real  working  conception  of 
sociology  has  been  much  the  same  with  all  who  have  attained 
recognition  as  sociologists,  misconceptions  having  rested 
with  outsiders  whose  important  relation  as  patrons  and  sym- 
pathizers has  warranted  the  discussion.  The  question 
whether  the  special  sciences  are  a  part  of  sociology  is  impor- 
tant only  in  so  far  as  it  influences  the  practical  relations  of 

[712] 


Terminoix)gy  and  Sociological  Conference.     6i 

those  sciences.  I  have  no  fear  that  any  one  who  makes 
serious  advances  in  the  study  of  fundamental  sociology  will 
be  a  trespasser  in  special  fields,  or  that  anyone  who  confines 
himself  to  special  fields  will  be  recognized  as  a  sociologist. 
I,  therefore,  hope  tliat  not  much  more  time  will  be  spent  in 
discussing  this  question  of  inclusion.  But  in  a  paper  like 
this  the  subject  perhaps  deserves  mention.  There  are  argu- 
ments, none  of  them  very  important,  on  both  sides. 

In  favor  of  calling  the  special  sciences  branches  of  sociol- 
ogy may  be  urged,  first,  the  etj^mology-  of  the  word  which 
suggests  a  science  co-extensive  with  society  or  the  phe- 
nomena of  human  association.  We  must  never  be  slaves  to 
etymology  and  where  the  etymology  is  concealed  or  usage 
has  set  it  aside,  it  should  be  unhesitatingly  ignored.  But 
here  etymology  is  exceedingly  evident  and  all  usage  is  so  far 
in  its  favor.  It  is  almost  certain  to  influence  usage  which  is 
only  partly  under  scientific  control.  There  is  a  constant  in- 
terplay in  the  popular  mind  betvN^een  all  the  derivatives  of 
this  root  which  may  well  make  us  despair  of  giving  to  one 
of  them  a  narrow  and  exclusive  meaning. 

Farther,  there  is  need  of  an  inclusive  term  and  with 
Spencer  we  must  confess  that  we  know  of  no  other  which 
has  any  chauce  of  adoption.  Social  science  has  been  pro- 
posed, thus  freeing  sociology  for  the  narrower  use.  But  the 
fate  of  •  *  natural  science  ' '  in  competition  with  biology  is  not 
encouraging.  Though  backed  up  by  extensive  usage  its 
inherent  unsatisfactoriness  ruled  it  out  and  biology  has  been 
substituted,  it  must  be  confessed  with  general  satisfaction. 
Moreover,  "social  science  "  has  been  thoroughly  spoiled  by 
bad  usage. 

Finally,  the  inclusion  emphasizes  a  real  connection  and 
mutual  dependence  which  is  eventually  more  important  than 
dangerous. 

Against  this  inclusive  use  of  the  term  there  is  first  of  all, 
"  the  pressure  of  the  academic  situation,"  the  influence  of 
which,  upon  the  present  discussion,  was  frankly  recognized 

[713] 


62  Annaxs  of  the  American  Academy. 

at  the  conference.  Just  now  sociology  is  being  examined  by 
boards  of  trustees.  Has  it  a  field  of  its  own  which  will  war- 
rant the  creation  of  a  separate  chair  ?  Other  scientists  are 
watching  for  poachers  upon  their  preserves.  As  one  econo- 
mist puts  it:  *'  The  sociologist  has  no  business  in  the  field 
without  the  economist's  consent."  It  is  a  time  for  diplo- 
macy, a  time  to  insist  that  sociology  is  not  economics  or 
politics  at  all.  These  considerations  are  temporarily  impor- 
tant but,  let  us  hope,  only  temporarily  so.  They  should  not 
make  us  nervous  or  drive  us  into  a  position  from  which  the 
indefinitely  more  powerful  laws  of  language  growth  will 
ultimately  force  us  to  recede.  Moreover,  the  greatest  sociol- 
ogists have  hitherto  not  been  teachers  and  the  same  may  be 
true  in  the  future.  For  them  at  least,  this  academic  ner- 
vousness is  meaningless  and  they  are  not  likely  to  consent  to 
concessions  made  in  its  behalf. 

Farther,  it  is  said  that  the  inclusion  of  the  .'?pecial  sciences 
makes  sociology  unwieldly  and  too  large  for  any  one  man. 
Here  again  we  meet  the  academic  influence,  urging  that 
the  field  be  divided  as  it  used  to  be  in  the  old  school  books, 
into  lessons  of  approximately  equal  size  for  convenience  of 
assimilation.  This  consideration  is  not  without  force,  but  it] 
must  be  remembered  that  the  names  applied  to  the  sciences] 
have  long  ago  ceased  to  determine  the  scope  of  individual] 
careers.  Chemistry  is  a  science  vastly  larger  than  the 
capacity  of  one  man,  but  the  term  is  appropriately  applied 
to  the  study  of  the  whole  body  of  phenomena  which  involve 
the  law  of  chemical  affinity.  To  have  trimmed  the  word 
down  to  the  size  of  a  man  would  have  lessened  its  usefulness 
and  bred  confusion.  The  wiser  course  has  been  adopted  of 
using  qualifying  adjectives.  The  observer  of  general  laws 
treats  of  general  chemistry,  while  organic  chemistry,  physi- 
cal chemistry,  etc.,  are  fields  of  special  investigation. 

For  all  these  reasons  I  incline  to  the  opinion  that  sociology 
will  be  most  profitable  as  a  general  term,  including  the 
special  social  sciences  as  its  branches.     I  believe  such  an 

[714] 


Terminology  and  Socioixkjical  Confbrencb.     63 

inclusive  use  of  the  term  will  be  forced  upon  us  whether  we 
will  or  not,  as  has  been  the  case  with  biology.  As  in  the 
latter  case,  however,  the  narrower  use  is  admissible  and 
practicable,  tliough  "  general "  sociology  wnll  often  be  found 
desirable  for  explicitness,  as  even  Professor  Giddings'  writings 
testify.  But  inclusive  or  exclusive  it  must  not  be  forgotten 
that  sociolog>'  is  more  than  a  group  of  special  sciences,  and 
that  the  study  of  fundamentals  should  be  strongly  emphasized. 
This  matter  is  important;  the  other,  it  seems  to  me,  is  not. 

One  question  remains  to  be  considered  which  bears  slightly 
on  the  last.  In  his  recent  admirable  publication  on  '*The 
Theory  of  Sociology,"  Professor  Giddings  notes  that,  "In 
the  study  of  institutions,  more  than  anywhere  else,  general 
(!)  sociology  has  been  confounded  with  the  special  social 
sciences."  He  believes  this  is  due  to  a  desire  for  "sym- 
metry and  completeness."  I  believe,  however,  that  the 
symmetry  actually  attained  will  hardly  justify  this  conclusion. 
The  social  institutions  are  never  equally  treated,  industry 
being  most  of  all  neglected.  The  reason  is  clear.  A  certain 
development  of  the  special  sciences  must  accompany  or  pre- 
cede the  development  of  general  sociology.  As  a  matter  of 
fact  these  branch  sciences  have  been  very  unequally  devel- 
oped. Economics  has  been  highly  developed,  while  the 
family,  religion,  etc.,  have  been  so  little  studied  that  they 
have  given  their  name  to  no  science.  Until  something  is 
done  here  generalization  is  impossible,  and  for  lack  of 
specialists  the  sociologist  has  been  obliged  to  do  this  prelim- 
inary work  himself.  Of  course  the  work  is  not  ver>' 
thoroughly  done,  and  the  resulting  mixture  (if  not  con- 
fusion) of  general  with  special  is  not  very  satisfactory,  but  it 
is  inevitable.  In  the  academic  field  this  union  of  non- 
co-ordinate  elements  is  even  more  tmavoidable.  The  pro- 
fessor of  sociology  generally  finds  others  teaching  politics 
and  economics  on  his  arrival,  but  he  is  expected  to  teach 
domestics  *  himself.     This  and  other  like  combinations  must 

•  I  suggest  the  term.    I  am  ready  to  accept  a  better  one. 

[7«5] 


64  Annals  of  the  American  Academy. 

long  continue  in  most  of  our  institutions.  All  the  force  of 
academic  usage  will  tend  to  associate  these  studies  with  the 
name,  sociology.  It  is  worth  considering  whether  it  is 
better  to  oppose  this  tendency,  or  make  use  of  it  to  secure 
the  larger  inclusion. 

I  suggest  by  way  of  recapitulation: 

Sociologists  are  substantially  agreed  as  to  the  nature  of  the 
task  before  them,  and  the  limits  within  which  the  individual 
investigator  can  most  wisely  confine  his  efforts.  While  dif- 
fering as  to  the  propriety  of  using  the  term  sociology  in  an 
inclusive  sense,  they  differ  less  in  actual  usage,  and  all  con- 
fess the  question  unimportant. 

It  is  farther  agreed  that  the  practical  worker  in  sociology 
should  distinguish  clearly  between  general  principles  and  de- 
tails, that  the  study  of  either  is  sufficient  for  the  most  am- 
bitious investigator,  and  that  they  appeal  to  temperaments 
so  different  that  specialization  is  desirable.  At  present  the 
study  of  ftmdamentals  should  be  emphasized.  The  scope  of 
the  individual  career  will  depend,  not  on  the  symmetry  of 
scientific  classification,  but  on  ability  and  temperament  and^ 
the  exigencies  of  the  academic  situation. 

Finally,  the  majority  of  usage,  both  scientific  and  popu- 
lar, seems  to  require  a  definition  something  as  follows: 
Sociology  is  the  science  of  society.  Its  field  is  co-extensive 
with  the  operation  of  the  associative  principle  in  human  life. 
The  general  laws  of  association  form  the  subject  of  general 
sociology,  a  science  distinct  but  not  disconnected  from  the 
branch  sciences  of  economics,  politics,  etc.,  which  rest  upon 
it,  though  in  part  developed  before  it. 

I  am  far  from  wishing  to  force  my  opinion  on  others.  If 
I  am  mistaken  in  interpreting  the  conclusion  reached  by  the 
conference  I  invite  correction.  But  I  am  at  least  sure  that  I 
speak  for  all  in  urging  uniformity  and  a  speedy  conclusion 
of  this  discussion.  Any  agreement  is  better  than  none  when 
only  terminology  is  at  stake.  To  devote  whole  chapters  or 
even  university  courses  to  the  discussion  of  such  a  topic  will 

[716] 


Terminology  and  Sociou)gicai,  Confbrence.     65 

suggest  vacuity  of  substantial  thought.  It  will  be  in  vain 
for  us  to  insist  that  sociology  has  a  field  of  its  own  and  is 
big  with  promise,  unless  promise  is  followed  by  speedy  ful- 
fillment. It  is  important  to  stake  out  our  field  with  care, 
but  let  us  get  done  with  our  surveying  and  get  at  our  plow- 
ing, for  the  field  is,  after  all,  boundless  and  most  of  it  com- 
mon, and  the  world  cares  only  for  our  crop. 

H.  H.  Powers. 

Smith  ColUgt. 


\ 


A  NKGLKCTED  SOCIAI^IST. 

The  revolutionary  year  1848,  contrary  to  what  has  been 
generally  supposed,  is  the  end  of  a  distinct  period  of  social- 
ism, rather  than  the  beginning  of  all  socialistic  movements 
in  Germany.  In  this  period  lie  the  sources  of  that  social 
political  movement  which  at  the  present  moment  controls  the 
legislation  of  the  German  Empire.  It  is  as  great  a  mistake 
to  begin  German  socialism  with  the  Communistic  Manifesto 
of  Karl  Marx  and  Friedrich  Engels  as  to  begin  the  history 
of  the  American  Revolution  with  the  Declaration  of  Inde- 
I>endence;  and  yet  the  former  has  been  done  by  nearly 
all  writers  on  the  subject  of  socialism.  Professor  Adler,  of 
the  University  of  Basle,  is  almost  the  only  writer  who  has 
done  justice  to  the  neglected  period  before  1848.*  If  the 
period  itself  has  been  neglected,  much  more  have  some  of 
the  most  active  spirits  who  contributed  to  its  importanc 
It  is  with  a  neglected  socialist  of  this  neglected  period  thi 
this  paper  deals. 

We  find  ourselves  in  the  midst  of  the  troublous  time 
between  the  July  revolution  of  1830  and  the  March  revolu^ 
tion  of  1848,  between  the  two  capital  cities  where  the  lii 
and  thought  of  two  great  European  nations  focus.  Tl 
great  French  revolution  and  its  immediate  effects  had  become 
history.  Its  sacrificial  fires  had  gone  out  in  the  temple 
Vesta,  but  sparks  were  glowing  still  on  household  heart! 
before  the  gods  of  Liberty,  Equality  and  FratemityJ 
Napoleon's  dramatic  career  had  closed,  but  its  influence  was; 
still  mighty  among  the  reconstructed  states  of  Germany.  A 
new  generation  had  sprung  up  and  a  new  code  of  ideas 
had  been  formulated.  In  France,  constitution-moniBfers  had 
given  way  to  social  reformers;    in  Germany,  advocates  of 

•  "I^e  GeschichU  der  ersten  soziaipolitischen  Arbeiterbewegung  in  Deutschland^* 
Breslau,  1885,  contains  an  excellent  bibliojarraphy. 

[718] 


A   NEGI.ECTED  SOCIAI.IST.  67 

republic  and  unity  seized  the  opportunity  for  political  agita- 
tion. In  France,  new  social  theories  were  being  discussed 
and  social  Utopias  invented;  in  Germany,  political  emanci- 
pation from  feudal  conditions  was  the  one  united  aim  of  the 
discontented  classes.  In  botli  countries  secret  clubs  and 
unions  were  formed  for  the  propagation  of  the  new  ideas. 
While  the  revolution  of  1830  added  to  the  list  of  liberties 
enjoyed  by  the  French  people,  it  caused  the  German  people 
on  the  other  hand  to  lose  even  the  meagre  liberties  which 
they  had.  The  harsh  measures  adopted  by  the  German 
princes  not  only  against  conspiracies  but  against  all  liberal- 
izing influences — especially  the  press — had  the  effect  of 
strengthening  socialism  in  France,  and  changed  in  the  end 
the  entire  character  of  political  agitation  in  Germany.  The 
Frankforter  Attentats  (April  3,  1833),  ^"^  ^^^  Vienna  con- 
vocation led  to  the  founding  of  the  first  unions  of  German 
refugees  on  foreig^n  soil.  The  **  German  Society  of  the  Pro- 
scribed" {Deutscher  Bund  der  Geachtetefi)  in  Paris,  and 
' '  The  Young  Germany  '  *  {Dasjiinge  Deuischland)  in  Swit- 
zerland, had  the  same  aim:  "the  freeing  of  Germany  from 
the  yoke  of  dishonorable  servitude,  and  the  establishment 
of  a  condition  of  affairs  which  as  far  as  man  is  able  to  fore- 
see will  prevent  a  relapse  into  thralldom. "  The  new  depart- 
ment of  ideas  which  they  found  in  the  foreign  land,  they 
seized  with  the  same  energy  with  which  they  had  entered 
into  politics  at  home.  As  Hildebrand  says,*  they  had 
learned  to  know  the  unsusceptibility  of  the  masses  in  Ger- 
many for  their  political  dreams  and  had  begun  to  despair  of 
bettering  the  state  of  life  at  home.  The  wants  and  the 
shadowside  of  other  lands  impressed  them.  They  saw  the 
sorrows  of  Ireland  over  against  English  land  and  money 
aristocracy;  the  police  centralization  of  France,  the  Jesuit 
endeavors  of  republican  Switzeriand.  All  these  experiences 
made  their  patriotic  hopes  and  ideas  cosmopolitan,  and  they 
declared  war  on  the  social  foundations  of  society. 

♦  *'Die  Nationaldkonomie  der  Gegenwart  umd  Zuhmnftr  Frmnkfort,  *.  M.,  1848. 

[719] 


68  Annai^  of  thk  American  Academy. 

By  degrees  the  Paris  union  came  to  be  composed  almost 
entirely  of  laborers.  The  socialistic  and  Utopian  schemes 
of  Babeuf  and  Fourier  were  eagerly  read  and  studied. 
The  French  Republicans  alarmed  at  the  socialistic  revolu- 
tionary tendency  which  was  setting  in,  were  moving  toward 
the  right,  leaving  the  remnant  of  the  "  Mountain  "  to  j  oil 
itself  with  the  proletariat.  Plots  and  conspiracies  became 
more  and  more  frequent  until  at  length  the  state  was  pi 
voked  to  take  summary  means  for  their  suppression,  which^ 
naturally  had  the  elBfect  of  making  the  unions  more  secret. 
In  1837  the  "Society  of  Equals*' — ^the  real  representation 
of  Babeufism — ^had  developed  into  the  '  *  Society  of  the 
Seasons ' '  (^Sociiti  des  Saisons)  with  Blanqui,  Bernard  and 
Barbes  at  its  head.  Its  aim  was  social,  no  longer  political. 
Buonarroti  had  sometime  since  returned  from  Switzerland, 
whither  he  had  been  forced  to  flee,  and  had  published  his 
''History  of  the  Conspiracy  of  the  Equals."  Babeufism, 
in  consequence,  was  again  rife  in  France.  Saint  Simonism 
as  interpreted  by  Enfantin  and  Bazard  had  run  its  course, 
but  the  "new  Christianity,"  as  Lamennais  presented  it  in 
his  "Words  of  a  Believer"  (^Les  Paroles  d^u7t  Croyant)^ 
exercised  an  unexpected  influence  on  the  German  political 
immigrants.  Fourier,  who  during  his  life  found  no  encour- 
agement for  the  introduction  of  his  social  scheme  of  associa- 
tion, by  his  death  in  1837  caused  the  tide  of  socialistic 
thought  to  flow  in  channels  which  he  had  in  theory  marked 
out.  His  theories,  through  the  works  of  Considerant,  Pella- 
rin,  and  Chevalier,  were  brought  into  the  daily  life  of  the 
proletariat.  In  1839,  Cabet  returned  to  France  from  his 
exile  in  England  inspired  with  Owenism,  which  he  trans- 
planted on  French  soil  with  his  own  originality.  His  "  Voy- 
age en  Icarie  "  appeared  in  1840.  This  same  year  Proudhon 
published  his  greatest  work  ' '  What  is  Property  ?' '  the  efiect 
of  which  was  to  double  the  discontent  of  the  proletariat, 
and  to  convert  no  less  a  mind  than  Karl  Marx  to  socialism. 
Many  writers  and  agitators  less  known  to  literature  were 

[720] 


A  Nkgi^kcted  Socialist.  69 

making  propaganda  and  organizing  clubs  for  the  discussion 
of  these  great  socialistic  theories.  The  German  laborers  in 
Paris  were  reached  through  such  men  as  Dr.  Ewerbeck,  Dr. 
Schuster,  and  Dr.  Maurer;  men  educated  at  the  German 
universities,  and  well  acquainted  with  the  philosophies  of 
Kant,  of  Fichte,  and  of  Hegel.  They  had  gone  to  France 
with  their  minds  filled  with  abstract,  political  views,  there 
intending  to  make  propaganda  for  the  **  Republic  of  Ger- 
many;" but  in  a  short  time,  owing  to  a  force  of  circum- 
stances and  the  irresistible  influences  of  their  socialistic 
environment,  from  political  visionaries  in  the  foreign  land 
became  spreaders  and  leaders  of  social  theories. 

It  was  with  similar  ideas,  that  the  subject  of  our  sketch, 
William  Weitling,  a  proletarian  of  the  proletariat,  came  into 
this  tropical-socialistic  atmosphere  in  the  French  capital  and 
lived  there  for  three  years.  He,  too,  experienced  the  same 
changes  in  his  ideas  and  purposes.  From  the  schooling  he 
received  in  Paris  he  became  an  important  socialistic  agitator 
and  the  most  prominent  character,  as  we  shall  see,  in  the 
history  of  German  socialism  before  1848. 

His  life  before  he  went  to  Paris  was  a  preparation  and 
in  part,  at  least,  an  index  of  that  which  followed.  Bom  in 
1808,  in  Magdeburg,  a  city  celebrated  in  history  as  the  hot- 
bed of  liberalism,  whether  in  trade,  religion  or  in  politics; 
in  an  environment  where  speech  and  press  were  the  freest 
of  any  in  Germany,  he  knew  poverty  by  experience  and 
acquired  by  inheritance  a  hostile  spirit  toward  all  masters. 
He  attended  school  in  Magdeburg,  and  meanwhile  served  his 
apprenticeship  to  a  tailor.  His  keen  observation  and  warm 
sympathies  for  those  who  were  similarly  situated,  made  the 
consciousness  of  the  existing  social  and  economic  relations 
galling.  This  consciousness  became  the  unselfish  passion  of 
his  life.  He  says:  "  If  I  many  times  boil  up  in  rage  on 
account  of  the  wretchedness  of  society,  it  is  because  I  in  my 
life  have  often  had  the  opportunity  of  seeing  misery  near 
to,  and  of  feeling  it,  in  part,  myself;  because  I  as  a  boy 

[721] 


yo  Annai^  of  thb  American  Academy. 

raised  in  bitterest  misery,  so  bitter,  indeed,  that  I  shudder  to 
describe  it. ' '  His  life  as  an  apprentice  was  unenviable.  At 
the  age  of  eighteen  he  became  a  journeyman.  In  1828  his 
"wanderings  began  and  in  reality  did  not  cease  until  his  death. 

In  1830  he  appeared  in  I^ipzig.  Already  his  mind  was 
bent  on  reform,  and  he  wrote  radical  articles  describing  the 
deplorable  condition  of  Germany.  But  these  efforts,  as  well 
as  his  verses  on  the  movement  for  freedom  in  Saxony  were 
refused  by  the  Leipziger  Tageblatt^  to  whom  he  offered  them. 
Doubtless  this  rebuff  inspired  him  to  write  that  Miltonic  plea 
for  press  freedom  which  is  one  of  the  characteristic  features 
in  his  social  system.  In  1835  we  find  him  a  gardener  in 
Vienna.  His  stay  here  was  short,  being  obliged  to  leave,  it 
is  said,  in  order  to  avoid  the  rage  of  a  prince  of  Hapsburg 
who  had  observed  a  love  relation  springing  up  between 
Weitling  and  a  young  woman  whom  the  prince  admired. 
From  Vienna  he  went  to  Paris,  remaining  there  but  a  few 
months,  though  long  enough  to  feel  the  attractions  of  that 
city  for  his  restless  spirit.  After  a  brief  visit  to  Germany 
he  decided  to  establish  himself  permanently  in  France. 
Weitling  arrived  in  Paris  in  September,  1837.  ^^t  long 
after  his  arrival  he  became  a  member  of  the  *  *  Society  of  the 
Just"  {Bund  der  Gerechten)^  which  had  been  formed  the 
year  previous  by  a  bolt  on  the  part  of  some  of  the  more 
democratic  members  from  the  Bund  der  Geachteten.  They 
adopted  the  statutes  of  the  latter,  with  but  two  points  of  dif- 
erence,  touching  administration,  namely,  the  secret  superior 
officers  were  replaced  by  a  standing  committee  called  the 
Volkshalle ;  and  the  principle  of  absolute  obedience  was 
replaced  by  a  more  democratic  system  of  regulations. 

Inasmuch  as  this  Bund  forms  the  pattern  of  all  the 
numerous  organizations  founded  by  Weitling  during  his 
career  of  agitation,  it  will  be  well  to  give  a  few  of  the  details 
concerning  it.  At  the  head  stood  the  Volkshalle — as  a  com- 
mittee of  administration.  A  strict  moral  life  was  enjoined 
upon  each  member.  Whenever  a  member  removed  to  another 

[722] 


A  Neglected  Sociaust.  71 

place  or  country  he  was  expected  there  to  establish  a  branch 
organization,  make  propaganda,  disseminate  socialistic  liter- 
ature, and  to  keep  in  constant  correspondence  with  the  Paris 
Bund.  The  majority  of  the  members  were  laborers,  a  few 
were  littirateurs.  Besides  Germans,  the  Bund  comprised 
Swiss,  Hungarians,  and  Scandinavians;  but  the  language 
spoken  was  German.  Public  questions  and  social  problems 
were  discussed.  Socialistic  and  revolutionary  writings  were 
read  in  the  society,  and  also  written  and  published  by  the 
members.  Of  all  the  socialistic  systems,  Cabet's  found  the 
largest  number  of  adherents,  doubtless  owing  to  Ewerbeck 
who  was  at  the  same  time  the  translator  of  the  '  *  Icaria  * ' 
into  German  and  also  a  member  of  the  Volkshalle.  The 
Bund  stood  in  closest  relations  with  the  other  socialistic  and 
revolutionary  societies  and  clubs  both  in  and  out  of  France. 
Emissaries  were  sent  to  Germany  with  tracts,  but  succeeded 
in  gaining  a  foothold  only  in  Hamburg.  Political  proi>a- 
ganda  was  entirely  forgotten  in  the  enthusiasm  for  the  intro- 
duction of  a  socialistic  state. 

Weitling  became  a  prominent  member  and  soon  took  the 
lead  as  an  agitator.  He  qualified  himself  also  in  a  still  more 
distinguished  way.  The  year  following  his  advent  in  the 
Bund  he  published  "Mankind  as  it  is  and  as  it  should  be*' 
(Z?z>  Menschheit^  wie  sie  ist  und  wie  sie  sein  sollte,  1838),  the 
work  of  an  eclectic,  socialistic,  revolutionary  spirit.  It  builds 
the  framework  of  his  later  published  system.  The  first 
edition  (2000  copies)  was  printed  in  Paris  on  a  secret  press, 
the  work  being  done  and  the  entire  expense  borne  by  the 
members  of  the  Bund.  Before  two  years  had  passed  it  had 
been  translated  into  Hungarian,  and  had  been  spread  over 
Switzerland,  Germany,  France,  and  Scandinavia.  The 
practical  side  of  his  social  philosophy  showed  itself  in  his 
establishing  a  communal  eating  house  for  his  fellow  labor- 
ers. This  principle  he  attempted  to  carry  out  wherever  he 
worked,  but  its  success  was  nowhere  more  marked  than  in 
Paris. 

[7*3] 


72  Annals  of  the  American  Academy. 

The  Bund  der  Gerechten  desiring  to  spread  their  socialistic 
ideas  among  the  German  laborers  in  Switzerland  sent  Weit- 
ling  thither  in  the  summer  of  1 840  to  reconnoiter.  He  foimd 
the  conditions  most  favorable.  The  society,  Das  junge 
Deutschland^  was  in  a  languishing  condition  owing  to  the 
banishment  of  its  former  leaders,  and  the  strict  police  sur- 
veillance in  French  Switzerland.  In  1841,  he  moved  to 
Geneva,  and  thus  began  his  career  as  an  independent  social- 
istic agitator.  He  joined  a  "  I^aborers'  Educational  Club  '* 
(^Arbeiterbildungsvei-ei-n)^  in  order  to  gain  a  foothold  for 
communism.  But  failing  to  win  the  society  to  his  views,  he 
withdrew  and  organized  a  Swiss  branch  of  the  Bund  der 
Gerechten,  He  won  Becker,  a  leader  in  the  Junge  Deutsch- 
land^  over  to  communism.  Simon  Schmid,  also  a  member 
of  the  Paris  Bund,  concerning  whom  Seiler  wrote  that  ' '  this 
tanner  had  more  administrative  genius  in  his  little  finger 
than  the  German  ministers  in  all  their  skulls  together,'* 
assisted  Weitling  in  his  plans  of  organization.  The  canton 
Waadt  was  most  favorable  as  a  base  of  secret  operations, 
and  from  these  communistic  labor  unions  were  founded  in 
Geneva,  Lausanne  and  around  the  shores  of  the  lake.  The 
Bund  gradually  spread  itself  over  all  northern  Switzerland. 
Its  open  forms  consisted  of  "educational  clubs,"  "singing 
clubs, ' '  and  *  *  communal-dining  associations, '  *  by  means  of 
which  the  propaganda  spread  rapidly. 

Weitling  further  adopted  the  French  tactics  by  starting 
a  monthly  organ  for  his  agitation.  In  the  latter  part  of 
1841  "The  Cry  for  Help  of  the  German  Youth"  {Der 
Hil/eruf  der  deutschefi  Jugend)  appeared;  its  tone  was  mod- 
erate; its  motto  shows  its  purpose  and  spirit — "  Against  the 
interest  of  the  few  in  so  far  as  it  works  injury  to  the  interest 
of  all;  and  for  the  interest  of  all  without  excluding  a  single 
individual."  His  plans  for  the  paper  met  with  utter  dis- 
appointment. He  intended  to  use  the  profits  for  tlie  found- 
ing of  libraries,  assemblyrooms  and  communistic  colonies. 
All  this  failed  of  realization,  and  the  paper  ceased  with  the 

[724] 


A  Neglected  Socialist.  73 

fourth  number.  More  than  all,  the  dining  associations  on 
which  Weitling  laid  so  much  stress  as  a  means  for  propa- 
ganda were  badly  managed.  In  one  the  treasurer  escaped 
with  the  funds;  in  another  a  similar  crime  was  prevented 
only  because  of  a  large  deficit. 

But  Weitling  was  not  discouraged.  To  one  who  makes  the 
salvation  of  society  his  religion,  such  drawbacks  are  only 
incentives  to  larger  efifort.  In  January,  1842,  he  went  to 
Vevey,  where  already  one  of  his  laborer  unions  had  been 
established.  Here  he  started  another  paper,  "The  Young 
Generation"  {Die  junge  Generation)^  which  made  more 
propaganda  by  being  confiscated  on  the  French  border  than 
by  its  harmless  editorials.  The  cantonal  authorities  set  a 
watch  upon  him.  He,  meanwhile,  was  busy  with  the 
writing  of  his  system,  which  in  December  secretly  appeared 
under  the  title:  ''Guarantees  of  Harmony  and  Freedom" 
(Garajitien  der  Harmonie  und  Freiheit),  In  this  book  he 
presents  his  social  system  in  a  clear  and  complete  form.  At 
this  time  his  reputation  as  a  thinker,  socialist  and  agitator 
reached  the  zenith.  Seiler  mentions  him  along  with  Con- 
stant, Cabet  and  Proudhon  as  the  fourth  great  evangelist  of 
the  new  era.*  Societies  doubled  in  number  and  member- 
ship rapidly  increased,  so  that  at  the  beginning  of  the  year 
1843  Weitling  counted  with  pride  thirteen  German  and  four 
French  unions,  with  about  1300  members  in  all — the  result 
of  two  years  of  persistent  agitation.  During  the  year  1842 
he  came  to  know  Dr.  Julius  Froebel,  a  professor  in  the  new 
university  of  Zurich,  who  advised  him  to  come  to  Zurich 
because  the  clouds  of  opposition  were  thickening  about  him 
in  the  western  cantons.  He  transferred  the  publication  of 
Diejunge  Geyieration  to  Langenthal,  in  canton  Bern,  where 
it  could  be  more  cheaply  and  safely  done;  but  in  May,  1843, 
he  decided  to  move  to  Zurich  as  the  Paris  Bund  advised  him 
to  do.  He  remained  always  in  active  correspondence  with 
all  the  Bunds  and  their  prot6g6s,  the  labor  unions.    This  was, 

•"X>^  Geheimen  deutscAen  yerbindumzen  in  d*r  SchwtiM  stUi^.**    Bule,  i8«7. 

[725] 


74     Annai^  of  the  American  Academy. 

in  fact,  rigidly  required  in  the  oath  taken  to  the  Bund.  When 
it  is  remembered  that  the  whole  movement  was  for  the  most 
part  secret,  it  challenges  wonder  at  the  perfection  of  its 
organization. 

In  Zurich  Weitling  came  in  contact  with  two  dififerent 
classes:  one  an  educated  class,  composed  of  students,  writers 
and  political  refugees  from  Germany,  who  were  confirmed  in 
Hegelian  philosophy,  which  had  been  playing  an  important 
r61e  at  the  universities  of  Giessen  and  Gottingen  and  on  the 
Rhine;  the  other  a  class  of  criminals,  anarchists  and  athe- 
istic communists,  the  more  recent  installment  of  foreigners  in 
German  Switzerland.  To  the  former  belong  Dr.  Froebel  and 
Moses  Hess;  to  the  latter  Michel  Bakounine  and  William 
Marr,  who  popularized  Feuerbach's  philosophy  among  the 
German  laborers.  Neither  class  had  influence  enough  to 
make  him  change  his  convictions,  and  he  in  the  end  suc- 
ceeded in  inclining  many  of  them  to  his  way  of  thinking. 
Even  Bakounine,  according  to  Adler,  appears  to  have  been 
won  over  to  communism.*  But  the  influence  in  this  case 
was  perhaps  reciprocal  and  only  temporary;  so  that  the  wish 
expressed  by  Weitling's  Paris  correspondent  (Dr.  Ewer- 
beck)  that  he  might  '  *  form  a  close  union  and  sincere  inti- 
macy with  Froebel  and  Bakounine,  which  would  be  usefiil  to  ] 
him  and  to  the  cause, ' '  failed  to  be  fully  realized.  Froebel's 
doubtful  conversion  is  shown  by  the  following  from  a  letter 
to  Becker  (March  5,  1843):  ".  .  .  Say  to  Weitling 
that  I  do  not  know  how  far  I  can  agree  with  him  concerning 
the  various  ideas  in  the  communistic  movement,  but  that 
meanwhile  my  heart  is  with  it.  I  divide  men  into  egoists 
and  communists — so  consider  that  I  belong  to  the  latter. ' ' 

Both  classes  hindered  rather  than  helped  Weitling's  cause. 
More  than  all,  the  German  socialism  which  had  recently 
been  brought  to  Switzerland  was  atheistic;  while  his  was 
the  French  Utopian  socialism  revised  by  himself  with  a  large 
infusion  of  the  religious  spirit  of  Lamennais.     The  numerous 

•  "  Ivan  Golowin  :  Meine  Btziehungen  zu  Herzen  und  Bakunin,"  1880.    Page  48. 

[726] 


A  NEGI.ECTED  Socialist.  75 

clubs  that  sprang  up,  and  the  utter  lack  of  harmony  of  any  kind 
among  them,  checked  the  growth  of  the  Dunde  der  Gerechten, 

Weitling's  next  book,  and  in  many  respects  his  greatest, 
•*The  Gospel  of  the  Poor  Sinners  "  (^Das  Evangelium  cities 
armen  Sunders) ,  appeared  in  May,  1 845.  The  work  shows  his 
deep  religious  nature  and  the  extreme  to  which  he  went  to 
harmonize  his  communistic  principles  with  the  teachings  of 
Christianity.  Communism  had  become  a  social  theology, 
as  William  Marr  said.  Weitling  turns  to  the  Bible  to  estab- 
lish his  own  theories:  '  *  The  premise  of  Voltaire  and  others 
was  that  religion  must  be  destroyed  in  order  to  rescue  man- 
kind; but  Lamennais,  and  before  him  many  Christian 
reformers,  as  Thomas  Miinzer  and  others,  showed  that  all 
democratic  ideas  are  the  outflow  of  Christianity.  Religion 
must,  then,  not  be  destroyed  but  used  for  the  rescuing  of 
mankind.  .  .  .  Christ  is  a  prophet  of  freedom;  His 
theories  are  the  theories  of  freedom  and  love."  He  fiulher 
interprets  the  New  Testament  as  the  pure  gospel  of  com- 
munism, and  Christ  as  the  arch-enemy  of  property,  and  the 
founder  of  a  communistic  society.  He  shows  clearly  yet 
unconsciously  the  difference  between  his  own  views  and 
those  of  the  young  Hegelian  communists  in  Zurich. 

Two  years  before  Weitling's  career  in  Switzerland  was 
brought  to  a  sudden  close,  a  stirring  prospectus  of  tlie '  ^Evan^ 
geliuyn  ' '  which  he  had  circulated  fell  into  the  hands  of  the 
church  authorities  who  took  the  matter  to  the  state.  The 
cantonal  authorities  had  him  seized  (June  9)  and  imprisoned 
pending  an  investigation,  and  his  lodgings  searclied.  They 
found  the  manuscript  of  the  ''Evangelium'^  and  a  mass 
of  correspondence  giving  almost  a  complete  history  of  the 
communistic  agitation  in  Switzerland.  A  committee  of  five 
was  appointed  to  investigate  the  whole  subject  of  the  status 
of  communism.  After  some  months  the  committee  made  its 
report  through  its  chairman.  Dr.  Bluntschli.*    The  report 

***Z>i>  Kommunisten  in   der  SckwetM,   mack  4en    bet   tVeUHng  vorg^undtnm 
Papieren,**  Zurich,  1843. 

[727] 


76  Annai^  of  th^  Ami:rican  Acadkmy. 

recommended  that  the  state  should  not  only  crush  the  move- 
ment by  punishing  Weitling,  but  should  adopt  measures  to 
fortify  itself  against  the  further  development  of  such  tenden- 
cies. Weitling  was  brought  before  the  criminal  court  of 
Zurich  and  charged  with  blasphemy,  with  attacking  the 
right  of  property  and  with  founding  unions  of  communists. 
The  latter  points  he  did  not  deny.  He  was  sentenced  to  four 
months'  imprisonment  and  lifelong  banishment  from  Switzer- 
land. Later  he  obtained,  through  his  counsel,  an  appeal  to 
the  higher  court,  and  his  sentence  was  changed  to  six 
months'  imprisonment  and  five  years'  banishment.  This 
was  in  December,  1843.  An  eventful  year  for  German 
socialism  had  closed.  Marx  had  had  a  similar  experience 
with  press  propaganda  in  Cologne.  The  Rheinische  Zeitung 
had  been  suppressed  and  Marx  was  in  Paris  publishing  his 
''^Deutsch-franzbsischejahrbucher.''  Dr.  Froebel — Weitling' s 
friend — ^had  barely  escaped  a  similar  fate.  His  paper,  the 
** Swiss  Republicans"  (^Schweizerischen  Republicaners) ^  in 
consequence  of  the  loss  of  subscribers  ceased.  Communism^ 
in  Switzerland  began  to  wane. 

Weitling' s  career  from  this  point  on  is  somewhat  varic 
In  May,  1844,  he  was  passed  across  the  border  and  was  mucl 
against  his  will  handed  over  to  the  Baden  police,  wh< 
delivered  him  up  to  Prussia.     He  was  brought  to  Magd< 
burg  and  held  as  a  refugee  from  military  service,  but  beinj 
found  to  be  unqualified  he  was  released  on  condition  that 
leave  Prussia.     He  went  to  Hamburg  and  found  employ- 
ment in  the  printing  house  of  Hoffmann  &  Campe.     At 
this  time  he    published  his    *' Prison    Poetry"    {Kerker- 
poesien),  verses  conspicuous  for  their  warlike  nature  but  of 
no  special  merit.     In  Hamburg  he  met  the  poet  Heine  who 
was  at  this  time  inspired  with  socialistic  ideas.     In  August 
Weitling  went  to  London  where  he  was  hailed  as  a  martyr. 
He  spoke  at  a  meeting  on  the  twenty-second  of  September^ 
at  which   the    communists   of  many  lands   were    present 
primarily  for  the  purpose  of  greeting  him.     He  closed  his 

[728] 


A  NEGI.ECTED  SOCIAI^IST.  77 

Speech  with  the  toast — "  To  young  Europe:  may  the  demo- 
crats of  all  nations,  casting  away  all  jealousy  and  national 
antipathy  of  the  past,  unite  in  a  brotherly  phalanx  for  the 
destruction  of  tyranny  and  for  the  universal  triumph  of 
equality."  In  1846  the  Rheinische  Jahrbucher  spe2km%  oi 
this  meeting  said:  "The  proletariat  0/  ail  nations  begin 
under  the  banner  of  communistic  democracy  actually  to 
fraternize.**  Professor  Adler  considers  this  meeting  the 
first  in  which  the  socialists  of  various  lands  came  together 
in  common  and  emphasized  the  cosmopolitan  principles  of 
socialism,  and  says  that  it  "led  to  the  founding  of  the  Inter- 
national." At  least  it  may  be  said  it  was  a  meeting  of  more 
than  ordinary  historical  significance. 

Weitling  left  lyondon  and  went  to  Brussels,  where  he  met 
Karl  Marx  and  Friedrich  Engels  who  had  fled  to  Belgium, 
Paris  having  become  too  warm  on  account  of  Guizot's  policy. 
Brussels  like  London  was  a  rendezvous  for  refugee  socialists. 
They  formed  an  association  for  discussion  and  instruction  in 
matters  touching  their  cause.  At  an  evening  session  of 
socialists  March  30,  1846,  Marx,  Engels,  Weitling  and  other 
leaders  were  present.  The  question  of  the  evening  was: 
' '  How  is  it  best  to  make  propaganda  in  Germany  ?' '  Marx 
and  Engels  seemed  to  favor  conciliator^'  measures  as  being 
most  practicable;  Weitling,  with  Seiler  his  co-worker,  op- 
posed any  halfway  methods  of  expediency.  He  was  uncom- 
promisingly communistic,  though  believing  in  revolution 
only  as  a  last  resort.  Regarding  the  discussion  Weitling,  in 
a  letter  to  Hess  (March  31,  1846),  says:  "  Marx  and  Engels 
discussed  the  point  violently  against  me.  ...  I  became 
enraged  but  Marx  surpassed  me;  at  last  everything  was  in  an 
uproar.  I  said:  '  our  discussion  goes  no  further  than  that 
he  who  has  the  money  can  write  what  he  will.'  ...  I 
see  in  Marx  nothing  else  than  a  good  encyclopaedia  but  no 
genius.  Rich  people  made  him  an  editor — voild  tout.  .  .  . 
I  laid  my  system  of  labor  aside  when  I  found  on  all  sides 
voices  raised  against  it."     In  this  letter  he  shows  his  true 

[729] 


78  Annals  of  thk  American  Academy. 

nature.  He  advocates  press  freedom  absolutely,  not  a  free- 
dom which  depends  on  the  payment  of  money,  because  if  the 
press  is  governed  by  the  money  principle  where  is  the  chance 
for  the  poor  man  to  be  heard  ?  Perhaps  we  can  find  a  sug- 
gestion of  truth  in  Weitling's  standpoint.  At  any  rate  he 
was  more  consistent  than  Marx  though  certainly  not  as  tact- 
fill  and  diplomatic. 

In  December,  1847,  he  went  to  America.  Almost  immedi- 
ately on  his  arrival  in  New  York  he  founded  a  new  society 
which  he  called  the  "  Union  for  Deliverance  "  {Be/reiungs- 
bund),  in  nature  much  the  same  as  the  Bund  der  Gerechten, 
Hearing  of  the  upheavals  in  the  fatherland  he  decided  to 
attempt  once  more  to  make  propaganda  on  native  soil.  The 
famous  March  revolution  was  passed  when  he  arrived  in 
Berlin,  but  uprisings  were  still  occurring  in  some  of  the  States 
— especially  in  Silesia  and  the  Palatinate.  In  July  he  started 
a  weekly  paper — Der  Urwdhler.  It  appeared  only  five  times 
and  then  ceased  from  lack  of  subscribers.  The  Berlin  pro- 
letariat were  not  yet  ready  for  his  system.  They  had  only 
reached  the  crisis  in  1848  which  the  French  passed  through 
in  1789.  Weitling,  it  is  needless  to  say,  was  closely  watched 
by  the  police,  and  in  November  was  ordered  to  leave  Berlin. 
He  went  again  to  Hamburg  and  there  brought  out  a  new 
edition  of  his  ^'  Garantien.''  In  this  edition  his  system 
remains  unchanged.  He  adds,  however,  his  positive  theory 
of  propaganda  in  two  additional  chapters:  "Propaganda 
of  the  Befreiungshind,'^  and  **  Necessary  Rules  in  the  Next 
Social  Revolution."  This  time  the  Hamburg  police  were 
on  his  track  and  he  was  forced  to  flee. 

After  a  short  stay  in  England  he  returned  to  America  in 
August,  1849.  I^  New  York  City  he  established  a  *  *  Labor- 
ers' Union"  whose  aim  was  to  found  and  sustain  a  com- 
munistic colony — "  Communia  " — in  Wisconsin,  whither 
many  German  immigrants  were  flocking.  At  the  same  time 
he  published  a  paper — Republik  der  Arbeiter.  His  Wiscon- 
sin "  Communia  "  was  short-lived,  meeting  in  1853  the  fate 

[730] 


A  Negi^cted  S0CIA1.1ST.  79 

of  Cabet's  communal  scheme  in  Nauvoo,  III.  Differences 
arose  concerning  the  title  to  the  land  and  the  colony  was 
dissolved.  The  ' '  mine  ' '  and  "  thine  ' '  distinction  on  which 
Weitling  builds  his  theory  of  the  historical  development  of 
private  property  was  too  strong  for  the  counter  theory  of 
communal  property,  and  he  found  himself  defeated  in  his 
plans.  His  newspaper  also  perished  and  he  was  for  a  brief 
while  pecuniarily  embarrassed.  He  soon  found  employment, 
however,  as  a  clerk  in  the  immigrant  office  at  Castle  Garden. 
His  spare  moments  were  devoted  to  study  and  invention. 
He  took  no  more  part  in  labor  or  socialistic  agitation. 
When  Marx's  **  International  "  established  a  branch  in  New 
York,  Weitling  did  not  join  it,  although  he  gave  it  his 
hearty  endorsement  and  the  benefit  of  his  advice  whenever 
consulted.  On  January  22,  1871,  the  occasion  of  a  brother- 
hood fete  of  German,  French  and  English  sections  of  the 
International,  he  was  present  and  spoke.  Three  days  later 
he  died,  leaving  a  wife  and  a  large  family  of  children. 

So  closes  the  life  of  the  most  prominent  socialist  agitator 
which  Germany  produced  prior  to  1848,  and  when  all  the 
facts  are  known  and  rightly  judged,  perhaps  the  greatest 
agitator,  with  the  single  exception  of  Lassalle.  Even  Las- 
salle  owes  something  to  Weitling,  for  the  agitation  which 
began  at  Leipzig  on  that  eventful  twenty-third  of  May,  1863, 
was  recruited  from,  and  heartily  supported  by,  the  followers 
of  William  Weitling. 

It  now  remains  for  us  to  speak  more  in  detail  of  Weit- 
ling's  socialistic  theories.  We  will  first  consider  briefly  his 
criticisms  of  society,  and  then  pass  to  an  explanation  of  his 
social  state. 

Weitling's  most  important  book,  ''  Garaniien  (Ur  Hat- 
monie  und  Freiheit,''  gets  its  title  from  Fourier,  with  whose 
system  of  harmonies  he  became  familiar  while  in  Paris.  He 
bases  his  socialism  ever  on  moral  grounds.  Equality  with 
him  is  an  absolute  and  indisputable  demand.  The  happiness 
of  man  is  the  aim  of  society.     That  man  is  happy  who  is 

[731] 


8o  Annai^  of  thb  American  Academy. 

contented,  and  he  alone  can  be  contented  who  can  have 
everything  that  every  man  has.  He  founds  his  plan  of 
reorganization  of  society,  as  did  Saint  Simonand  Fourier,  on 
the  analysis  of  the  nature  of  man.  Human  desires  are  the 
groundwork,  as  with  Fourier  the  "passions."  He  divides 
the  desires  into  three  chief  classes:  (i)  The  desire  to  acquire; 
(2)  the  desire  to  enjoy;  (3)  the  desire  to  know.  "All  are 
common  to  man  and  spring  one  from  another,  for  man 
cannot  enjoy  that  which  he  does  not  already  have,  and  he 
cannot  have  without  knowing  where  and  how  it  is  to  be 
obtained.  So  that  the  desire  of  knowing  is  the  chief  motive 
power  of  the  social  organism  by  which  all  the  others  are 
produced."  The  means  by  which  these  desires  are  satisfied 
he  calls  the  capabilities  {Fdhigkeiten)  ^  and  the  application 
of  these  capabilities  is  the  mechanical  and  intellectual  labor 
of  man.  The  capabilities  are  the  natural  boundaries  of 
desires;  but  in  the  satisfaction  of  desires  new  incentives  are 
ever  awakened.  The  desires  stir  up  the  capabilities,  these  the 
activity;  the  fruits  of  activity  become  enjoyments  and  these 
awaken  in  turn  new  desires.  Here  we  have  the  natural  law 
of  human  progress.  For  the  satisfaction  of  the  advancing 
desires  man  must  have  society  in  which  the  labors  and 
enjoyments  can  be  exchanged  one  for  the  other.  The  best 
organization  of  society  is  that  in  which  that  method  of 
exchange  of  individual  activities  comes  into  use  that  least 
disturbs  this  natural  law  of  progress;  so  that  neither  the 
satisfaction  of  desires  lessens  the  capabilities  nor  the  desires 
and  capabilities  of  the  one  are  held  down  for  the  advantage 
of  the  other,  or  are  awakened  and  nourished  to  the  disad- 
vantage of  others.  The  task  of  all  social  organization  is  the 
guarantee  of  freedom  and  harmony  of  all  individual  desires 
and  capabilities. 

As  the  desires  have  a  threefold  classification,  so  have  the 
capabilities.  Production  being  the  capability  corresponding 
to  the  first  desire;  consumption  the  second,  and  administra- 
tion the  third.      Thus  far  only  the  desires  of  acquisition  and 

[732] 


A  NEGI.ECTED  SOCIAUST.  8l 

enjoyment  have  ruled,  and  knowledge  (  IVissen)  has  had  to 
bow  itself  under  the  rule  of  its  sensuous  companions.  Hence, 
vice  and  crime,  which  are  nothing  else  than  sicknesses  of  the 
social  body,  have  arisen  out  of  the  disharmonious  organization 
of  society.  This  lack  of  hannony  is  due  to  the  principle  of 
private  property  on  which  our  present  society  is  constructed. 
Private  property  is  an  historical  category  arising  out  of  the 
principle  of  appropriation  and  the  "mine"  and  "thine" 
distinctions,  first  as  regards  animals  and  then  the  land.  So 
long  as  there  was  a  superfluity  of  land  ' '  this  law  was  entirely 
fitting  for  the  time,"  but  to-day  the  land  remains  just  the 
same  in  quantity,  while  the  human  species  has  a  thousand- 
fold increased;  so  that  there  is  no  more  land  but  what  some 
lord  owns,  while  the  vast  proportion  of  the  people  are  land- 
less. Here  is  the  cause  of  all  the  evil,  all  the  want,  all  the 
misery. 

Out  of  private  property  arose  the  principle  of  inheritance, 
which  is  likened  to  the  larvae  in  the  fruit.  They  eat  up  the 
finiit  and  produce  nothing  except  eggs  which  insure  the 
continuance  of  this  destruction.  When  inheritance  becomes 
general  among  a  people  they  become  a  nation  and  the  ' '  mine  *  * 
and  * '  thine ' '  principle  passes  over  into  international  con- 
troversies. Thus  wars  arise  and  from  wars  comes  slavery. 
But  this  is  only  the  historical  slavery  of  the  person. 

Money,  also  the  result  of  private  property,  and  created  to 
facilitate  exchanges  of  labor  products,  has  through  its  misuse 
created  a  modem  slavery  a  hundredfold  more  galling  than 
either  the  slavery  of  ancient  times  or  that  of  the  Middle  Ages. 
Under  the  latter  form  the  lord  had  an  interest  in  the  slave.  He 
took  care  that  he  did  not  work  too  hard,  he  nourished  him 
when  sick  and  provided  for  him  in  old  age.  From  this  interest 
and  care,  money  has  freed  the  labor  lord.  He  can  use  up  the 
young  powers  of  the  laborer  and  when  they  are  used  up,  he 
can  take  other  laborers  into  his  service.  Thus  money  has 
freed  everyone  from  the  care  of  the  other  and  placed  it  upon 
himself;  it  has  restricted  love  and  increased  avarice.    On  the 

[733] 


82  Annai^  of  the  American  Academy. 

one  side  it  has  increased  the  possibility  of  riches  and  power; 
on  the  other  the  possibility  of  poverty  and  starvation.  Fin- 
ally money  has  made  the  heaping  up  of  capital  possible  and 
has  thereby  created  the  mal-relation  between  capital  and 
labor,  for  money  is  an  equivalent  of  product.  Product  is 
the  result  of  labor.  Money  is  therefore  nothing  else  than 
coined  or  stored-up  labor.  The  laborer  was  himself  not 
capable  of  such  a  storing  up,  for  the  profit  of  his  labor  for 
the  most  part  covered  only  his  needs.  The  storing  up,  there- 
fore, originated  first  from  this  cause  that  some  one  let  others 
work  for  him,  and  sold  the  products  of  labor  at  a  higher 
price  than  he  had  received  them  at  from  the  laborer.  So 
profits  on  profits,  embodied  in  money,  were  created  entirely 
by  the  hands  of  the  laborer,  but  illegitimately  taken  from 
him  by  those  who  sold  the  product.  And  so  arose  capital 
and  the  class  of  capitalists  who  rule  the  laborers.  Capital 
is  therefore  originally  the  property  of  the  laborers.  Besides 
capital  begets  in  itself  no  interest,  except  through  human 
labor.  The  capitalist  has  therefore  his  riches  not  alone  from 
the  laborer,  but  increases  them  daily  through  the  laborer 
who  produces  for  him  the  interest.  The  greater  his  capital 
the  wider  in  extent  and  the  more  pressing  becomes  his  rule 
over  the  laborers  and  the  faster  his  riches  accumulate,  espe- 
cially when  anarchy — ^the  right  of  the  strongest  {das  Faust- 
recht  des  Geldes) — is  exalted  into  a  law.  In  fine  the  money 
system  hinders  and  postpones  every  calculable  progress  for 
the  good  of  all,  because  the  money  man  supports  only  that 
which  offers  to  him  personal  advantage.  In  Weitling's 
social  state  money  finds  no  place.  Its  functions  are  to  be 
performed  by  the  ^' Komvierzbuch,'"  hereinafter  described. 

.We  now  turn  to  consider  Weitling's  social  state.  Society 
demands,  first  of  all,  the  granting  of  that  place  to  science 
which  is  due  her  alone,  namely,  the  regulating  of  all  the 
desires  and  capabilities.  The  power  which  resides  in  the 
community  must  not  be  given  to  a  prince  or  a  dictator,  nor 
to  a  majority  vote  in  a  republic,  but  it  must  rest  upon  the 

[734] 


A  Negi^cted  Scx:iaust.  83 

intelligence  which  is  independent  of  all  personal  influences. 
This  is  the  fundamental  premise  on  which  he  builds  his 
intellectual-socialistic  state.  At  the  head  of  the  state  stand 
the  three  greatest  philosophers — a  triumvirate — with  whom 
rests  the  supreme  control  and  administration.  Under  them 
stand  a  central  assembly  of  masters,  an  academic  council 
and  a  health  council;  and  under  these  in  turn  the  master 
companies,  academic  and  health  commissions  respectively, 
and  so  on  down  to  the  separate  work-masters,  teachers  and 
health  officers.  All  the  higher  officers,  with  the  exception 
of  the  triiimvirs,  are  chosen  by  the  competitive  method. 
Each  candidate  produces  a  masterpiece  <ind  attaches  a  sign 
to  it  which  corresponds  to  a  similar  sign  in  a  second  letter 
with  his  name.  The  choice  is  thus  made  without  the  name 
or  person  being  known.  The  choice  of  the  health  officers 
is  somewhat  diffisrent.  There  the  lot  falls  to  him  who  can 
show  the  largest  number  of  successful  cures. 

The  triumvirs  estimate  all  the  physical  and  intellectual 
needs  of  consumption  according  to  the  statistical  testimony 
of  local  under  officers,  and  fix  the  quantity  and  time  of  labor 
for  all  equally.  Six  hours  of  labor  are  to  be  the  average 
amount  required  per  day.  All  material  products  and  intel- 
lectual labor  are  estimated  according  to  their  value  in  labor 
hours;  and  the  authorities  fix  the  ratios  of  exchange. 
Kommerzbucher  constitute  the  means  for  facilitating  ex- 
changes. These  books  are  issued  yearly  to  each  individual, 
and  contain  a  complete  description  of  the  possessor,  his  por- 
trait, signature  and  histor>\  They  contain  sixty  leaves, 
one  for  every  five  days,  or  for  300  working  days  in  the  year. 
A  debit  and  credit  system  is  here  carried  on.  The  possessor 
is  credited  in  his  book  with  as  many  hours  of  surplus  labor 
as  he  has  furnished.  Against  this  he  is  charged  with  enjoy- 
ment hours  and  all  agreeable  products  which  he  consumes. 
If  he  does  not  work  overtime,  then  he  cannot  enjoy  any- 
thing beyond  that  which  is  common .  The  system  amounts  to 
this,  that  all  receive  a  guarantee  of  support  and  enjoyment 

[735] 


I 


84  Annals  of  the  American  Academy. 

for  the  rendering  of  six  hours  of  labor  service  daily;  be- 
yond this  the  enjoyments  of  each  depend  on  the  surplus 
of  labor  rendered.  The  unfit  are  the  special  care  of  the 
health  department,  and  are  to  be  removed  far  from  the  possi- 
bility of  contaminating  the  fit.  All  children  at  six  years  of 
age  join  the  public  school  army,  which  is  to  be  a  preparation 
for  communistic  citizenship.  An  elaborate  system  of  in- 
struction in  all  kinds  of  labor  is  provided  which  ends  only 
at  the  university.  Examinations  take  place  for  promotion 
from  one  grade  to  another  and  from  one  sphere  of  industry 
to  another.  Marriage  remains  as  it  is.  The  women  enjoy 
the  same  rights  and  carry  the  same  responsibilities  in  rela- 
tion to  labor  and  enjoyment  as  the  men,  except  that  lighter 
grades  of  work  are  reserved  for  them  by  the  triumvirs. 

Such  is  Weitling's  social  Utopia.  How  the  change  from 
the  present  order  of  society  to  this  new  order  is  to  take 
place  is  as  diflScult  for  Weitling  to  solve  without  overleaping 
the  bounds  of  natural  development  as  for  all  other  social 
reformers.  But  more  than  some  writers,  Proudhon,  for 
example,  he  has  a  scheme  and  it  is  his  own.  The  very  first 
step — one  which  has  thus  far  been  overlooked — is  to  drive 
the  present  form  of  industrial  society  to  its  evil  consequences  as 
soon  as  possible,  and  precisely  on  the  Keeley  cure  plan  intro- 
duce gradually  revolutionary  measures.  The  new  order  will 
set  in  automatically,  as  in  I,ouis  Blanc's  scheme.  When  in 
a  village,  city,  or  district  three-fourths  of  the  inhabitants 
by  vote  declare  for  the  new  order  and  offer  their  possessions 
therefor,  the  rest  are  compelled  to  do  so,  and  the  new  order 
is  established.  If  resistance  is  offered,  then  more  drastic 
measures  are  resorted  to.  The  proletarians  are  to  declare  a 
provisional  government,  depose  all  existing  officers,  especially 
the  police  and  judges,  and  elect  new  ofiicers  from  their  own 
ranks.  The  rich  are  to  be  disfranchised  and  compelled 
to  support  the  poor  and  destitute  while  reconstruction  is 
pending.  The  property  of  the  state  and  of  the  church  at 
once  becomes  communal.     Those  who  choose  to  leave  the 

[736] 


A  Nkglected  Sckialist.  85 

country  may  do  so,  their  property  being  confiscated.  The 
rich  who  offer  their  means  for  the  support  of  the  new  society 
are  promised  a  pension  during  life;  the  rest,  by  limitations 
on  their  activity,  by  punishments  and  penalties,  will  be 
forced  to  succumb.  If  all  these  means  fail,  then  "  a  moral 
must  be  preached  which  no  one  now  dares  to  preach."  A 
revolution  after  the  order  of  Babeuf  is  the  *'  moral." 

It  is  not  the  purpose  of  this  paper  to  enter  into  a  critical 
analysis  of  Weitling's  economic  theories  or  his  social  system, 
but  simply  to  present  the  facts  of  his  career  and  the  main 
features  of  his  system,  and  to  emphasize  more  strongly  than 
has  yet  been  done  his  position  in  the  history  of  socialism. 

Three  reasons  may  be  given  for  his  having  been  over- 
looked: first,  because  of  the  scarcity  of  copies  of  his  books, 
since  they  were  confiscated  and  forbidden  circulation  in 
Switzerland,  France  and  Germany,  the  sources  of  infor- 
mation concerning  him  and  his  work,  most  of  which  were  fav- 
orable to  his  views,  have  likewise  been  suppressed;  second, 
because  of  the  purely  political  phase  in  which  the  revolution 
of  1848  appeared  in  Germany;  and  third,  because  of  the 
overshadowing  growth  of  a  new  scientific  socialism  based  on 
English  political  economy  and  Hegelian  philosophy,  as 
represented  by  Karl  Mario,  Karl  Rodbertus  and  Karl  Marx. 
The  latter  movement  came  from  the  schools,  Weitling's 
came  from  practical  experience  expressed  in  terms  of  French 
socialistic  philosophy.  The  former  was  busy  with  the  Why, 
the  latter  suggested  the  How;  the  former  had  the  theory, 
the  latter  the  practice.  Both  were  brought  to  a  focus  in 
Ferdinand  Lassalle.  The  former  produced  the  *  *  thinker, ' '  the 
latter  the  '  *  fighter. ' '  To  both  movements  the  Gennan  Social 
Democracy  of  to-day  owes  its  origin. 

Weitling's  position  in  the  history  of  German  socialism  is 
unique,  chiefly  on  account  of  the  fact  that  he  comes  from 
the  ranks  of  the  proletariat.  From  a  journeyman  tailor  he 
raised  himself  to  the  front  rank  as  a  socialistic  writer,  and 
created  the  first  socialistic  movement  among  the  German 

[737] 


86  AnnaIvS  of  thk  American  Academy. 

laboring  classes.  Marx  recognizes  his  ability  and  impor- 
tance when  he  says:  * '  Concerning  the  educational  condition 
or  the  educational  ability  of  the  German  laborer  in  general, 
I  am  reminded  of  the  gifted  writings  of  Weitling,  which 
often  even  surpass  Proudhon,  however  impracticable  they 
may  be.  Where  could  the  bourgeoise — their  philosophers 
and  learned  writers  taken  together — show  a  work  equal  to 
Weitling' s  '  Guarantees  of  Harmony  and  Freedom,'  in  rela- 
tion to  their  political  emancipation  !  .  .  .  it  is  a  meas- 
ureless and  brilliant  literary  d^but  of  the  German  laborer 
.  When  one  forms  his  conclusions  of  Weitling' s 
book  he  must  admit  that  the  German  proletariat  is  the 
theorician  of  the  European  proletariat,  as  the  English 
proletariat  is  the  economist,  and  the  French  the  politi- 
cian."* Fr.  Engels  refers  to  the  **  social-democratic  tailor ' ' 
as  the  *  *  only  German  socialist  who  has  actually  done  any- 
thing, "f 

Weitling  certainly  anticipated  in  many  ways  the  teachings 
of  later  socialists.  He  is  the  advocate  of  unqualified  free- 
dom; freedom  of  speech  and  of  the  press,  of  political  and  of 
economic  freedom.  His  motto  is:  "  Frei  wollen  wir  werden 
wie  die  Vbgel  des  Himmels. ' '  He  is  also  a  prophet  of  deliv- 
erance. The  social  revolution,  he  considers,  must  and  will 
come  in  the  natural  order  of  things.  * '  A  new  Messiah  will 
also  come  to  bring  about  the  teachings  of  the  first.'*  He 
does  not  pretend  to  give  the  picture  of  the  absolutely  best 
society,  but  like  I^ycurgus'  constitution,  it  is  the  most  per- 
fect according  to  the  present  knowledge  and  the  best  the 
people  can  stand.  He  says:  "Never  will  an  organization 
of  society  be  found  which  is  unchangeably  the  best  for  all 
time,  because  that  takes  for  granted  a  standstill  of  the  intel- 
lectual capabilities  of  man,  a  standstill  of  progress  which  is 
not  conceivable.  Progress  is  a  law  of  nature;  a  standstill  is 
a  gradual  decomposition  of  society.     To  hinder  the  latter 

•  Vorw&rts,  Paris,  1844. 

t  Deutiches  BUrgerbuch,  1846. 

[738] 


A  Neglected  Socialist.  87 

and  to  aid  the  former  is  the  concern  of  us  all  and  not  of  a 
privileged  caste."  He  here  and  everywhere  lays  stress  upon 
the  evolutionary  development  of  the  race,  especially  upon  its 
intellectual  side,  hence  the  importance  of  the  school  anny  in 
his  system  and  the  education  of  all  classes  and  both  sexes. 
**  Science,"  he  says,  "  must  cease  to  be  a  privilege;  it  must 
be  studied  by  all.  Philosophy  (in  the  sense  of  knowledge) 
must  rule."  This  he  makes  the  foimdation  of  his  future 
state. 

Whatever  judgment  the  critic  may  pass  upon  Weitling's 
theories  in  particular  or  on  his  system  in  general,  this  much 
is  certain,  that  he  forms  the  bridge  between  French  and 
German  socialism;  between  the  materialism  of  the  former 
and  the  humanitarianism  of  the  latter.  He  is  the  only  Ger- 
man socialist  that  constructed  a  system  and  had  the  courage 
to  carry  it  out.  Judged  by  his  writings,  his  place  is  by  the 
side  of  Fourier  and  Engels;  judged  by  his  services  and 
his  agitation,  Lassalle  alone  outranks  him. 

Frederick  C.  Clark. 

BtrNn. 


BRIEFER   COMMUNICATIONS. 


THE  ORGANIC  CONCEPT  OE  SOCIETY. 

Professor  Patten's  objections  to  "the  organic  concept  of  society  " 
concern  two  distinct  issues :  first,  what  is  the  nature  of  social  rela- 
tions ?  second,  what  is  the  best  method  of  investigating  and  expound- 
ing social  relations  ?  *  Because  Professor  Patten's  argument  seems  to 
me  to  introduce  issues  which  are  neither  germane  nor  pertinent  to 
the  proper  subject,  I  cannot  reply  to  it  premise  by  premise,  but  must  be 
content  with  a  restatement  which  I  will  try  to  make  direct  and  clear. 

First,  as  to  the  nature  of  social  relations.  The  proposition,  "  society 
is  organic,"  is  an  attempt  to  assert  in  the  briefest  form  a  most  obvious 
truth.  Instead  of  committing  sociologists  to  some  mystical  hypothe- 
sis, it  is  the  truism  from  which  sociologists  make  their  departure  in 
social  observation. 

In  one  of  his  lectures  to  workingmen  Mr.  Huxley  said  :  "In  almost 
all  living  beings  you  can  distinguish  several  distinct  portions,  set  apart 
to  do  particular  things  and  work  in  a  particular  way.  These  are 
termed  'organs,*  and  the  whole  together  is  called  'organic*  And  as 
it  is  universally  characteristic  of  them,  this  term  '  organic '  has  been 
very  conveniently  employed  to  denote  the  whole  of  living  nature." 

Let  us  suppose  that  no  other  expression  of  Mr.  Huxley's  views  were 
known  to  us.  Would  it  be  intelligent,  not  to  say  scientific,  to  argue 
that  this  Mr.  Huxley  is  surely  on  the  wrong  track  because  the  jelly 
fish  and  the  falcon  and  the  elephant  have  very  different  forms,  and 
widely  contrasted  relations  with  their  environment,  and  peculiar  in- 
ternal economies?  Would  it  be  relevant  to  dispute  Mr.  Huxley's 
proposition  on  the  ground  that  it  is  compatible  with  misconceptions 
about  the  origin  of  species,  or  because  it  would  lend  itself  to  an  inade- 
quate formulation  of  evolution  ?  Yet  this  seems  to  me  precisely  analo- 
gous with  Professor  Patten's  contention  against  "the  organic  con- 
ception.'* 

Professor  Patten  concedes  that  "  the  industrial  organism  "  is  a  fact. 
But  he  proceeds  to  discuss  the  "cause"  of  the  fact.  I  submit  that 
thfc  metaphysics  or  even  the  physics  of  the  phenomena  will  hardly 
be  authenticated  by  denying  the  generality  of  the  phenomena  them- 
selves. The  "organic  conception"  is  the  subject  under  discussion, 
not  the  antecedents  of  the  facts  out  of  which  the  organic  conception 

•Sec  "The  Organic  Concept  of  Society."  Annals,  Vol.  V,  p.  404,  November,  1894. 

[740] 


The  Organic  Concept  op  Society.  89 

is  composed.  We  may  agree  or  disagree  with  Professor  Patten 't 
metaphysics  at  this  point  without  gain  or  loss  to  the  enquiry  at  hand. 

"From  no  point  of  view,"  continues  Professor  Patten,  "ia  society 
more  truly  organic  than  in  its  economic  aspect  .  .  .  Bcono- 
mists,  however,  reject  the  organic  concept  of  society,  and  prefer  to 
deduce  their  economic  laws  from  the  theory  of  utility,  and  the  facts 
of  the  objective  world."  I  was  not  previously  aware  that  the  econo- 
mists had  discarded  the  organic  conception,  but,  accepting  competent 
testimony,  am  I  expected  by  Professor  Patten  to  substitute  this  alleged 
conclusion  of  the  economists  for  examination  of  the  facts  themselves  ? 
Did  the  refusal  of  geographers  and  navigators  to  accept  the  sphericity 
of  the  earth  prove  that  the  globe  was  flat  ? 

The  perception  implied  in  "the  organic  concept"  is  that  there  is 
intimate  inter-relation  and  inter-dependence  among  the  indi\'iduals 
and  the  groups  which  constitute  society  ;  that  these  reactions  affect  not 
only  the  industrial  activities,  but  every  activity  ;  that  the  division  of 
labor  effected  by  reciprocal  actions  makes  each  element  of  society  an 
agent  performing  or  hindering  a  service  for  other  social  elements.  I 
have  said  that  the  bare  assertion  of  the  essential  idea  in  "the  organic 
concept "  is  a  truism.  I  would  not  believe  without  ocular  proof  that 
anybody  could  seriously  attempt  to  argue  down  this  truism.  It  is 
either  a  fact  or  it  is  not  that  all  industrial  activities,  and  all  other 
human  activities  as  well,  modify  and  are  in  turn  modified  by  coex- 
istent domestic  institutions  and  conditions ;  social  traditions,  habits 
and  preferences ;  intellectual  poverty,  possessions  or  pursuits  ;  aesthetic 
standards,  tastes,  creations  ;  moral  codes,  superstitions,  forms  of  wor- 
sliip,  fears,  hopes,  beliefs.  I  dissent  most  emphatically  from  Professor 
Patten's  judgment  that  a  simpler  expression  of  this  fact  of  reciprocal 
modification  is  contained  in  his  formula  **  each  individual  creates  his 
own  subjective  environment  to  supplement  the  objective  environment 
with  which  he  is  in  contact."  The  proposition  may  or  may  not  be 
adequate  and  final  in  its  own  time  and  place,  but  it  does  not  affect 
"  the  organic  concept  "  one  way  or  the  other.  If  it  were  necessary*, 
as  a  preliminary  to  social  observation,  to  think  of  "subjective  envi- 
ronments "  in  reaction  against  objective  environment,  rather  than  of 
persons  conditioned  by  an  environment  made  up  of  impersonal  and 
personal  elements,  I  should  feel  myself  equal  to  the  task  of  consid* 
ering  society  as  a  collection  of  environments  in  perpetual  collision 
with  each  other  ;  but  after  that  is  done,  how  is  Professor  Patten's  case 
sti-engthened ?  The  primary  perception  of  "the  organic  concept"  is 
that  every  man  in  society  leads,  in  some  iiarticulars,  a  different  life, 
and  a  different  vocational  life,  from  that  which  would  be  his  lot  if  any 
single  other  kind  of  man  were  not  in  existence.    The  life  of  aitisan 

[741] 


90  Annai^s  of  the  American  Academy. 

and  artist,  priest  and  player,  politician  and  farmer,  author  and  sailor, 
is  modified  by  the  fact  that  each  of  the  others  has  a  place  and  a  voca- 
tion. Whether  this  modification  is  through  the  medium  of  a  ''sub- 
jective environment"  is  a  question  entirely  distinct  from  and  prop- 
erly subsequent  to  the  statement  of  fact.  Professor  Patten  might  just 
as  well  open  a  controversy  over  an  elementary  description  of  chemical 
reactions,  on  the  ground  that  it  does  not  drag  in  the  lecturer's  opinions 
about  the  vortex  theory  or  the  nebular  hypothesis. 

Professor  Patten's  illustration  of  the  driver  changing  the  course  of 
his  team  first  on  account  of  a  stone  in  the  road,  and  again  to  avoid 
collision  with  another  team,  suggests  to  me  a  possible  explanation 
of  what  must  otherwise  be  hypercriticism.  Is  *  *  the  organic  concept  " 
understood  to  connote  interpretation  of  the  individual  as  merely  the 
passive  recipient  of  external  impulse?  Is  it  supposed  that  "the 
organic  concept"  makes  individual  action  the  mechanical  resultant 
of  forces  operating  from  without,  and  effective  in  direct  ratio  of 
momentum  to  passive  mass  ?  If  so,  I  have  simply  to  say  that  this  is  a 
case  of  mistaken  identity.  The  "organic  concept"  is  not  a  snap 
judgment  upon  problems  in  psychology.  It  is  a  recognition  of 
obvious  appearances,  among  which  problems  of  psychology  emerge. 
In  the  supposed  case,  "  the  organic  concept "  as  such  merely  makes 
note  of  the  fact  that  the  stone  and  the  team  are  elements  of  objective 
condition  because  of  which  the  action  of  the  driver  differs  from  that 
which  he  would  have  performed  had  these  conditions  not  existed.  The  1 
specific  interpretation  of  relations  within  "the  social  organism" 
awaits  conclusions  upon  just  such  psychic  problems  as  this  case  pre- 
sents. Whether  the  action  of  the  driver  is  to  be  explained  in  one  way 
or  another,  we  do  not  anticipate  that  the  explanation  will  get  rid  of 
the  fact  that  somehow  the  stone  and  the  wagon  gave  the  driver  occa- 
sion to  behave  in  a  way  which  he  would  not  else  have  chosen.  The 
"  organic  concept "  is  the  innocent  perception  that  individual  or  group 
action  is  invariably  an  element  or  a  resultant  of  a  similar  reaction  in 
which  objective  inorganic  or  organic  factors  are  also  elements.  This 
is  not  an  assertion  about  the  process  of  the  reaction,  but  a  statement 
of  the  fact  of  which  the  process  is  to  be  sought.  I  would  be  the  last 
to  deny  that  melancholy  masses  of  nonsense  about  society  have  been 
promulgated  in  terms  of  organic  relationships ;  but  what  truth  is  so 
clear  that  it  has  not  been  appropriated  to  the  service  of  error?  A 
policy  of  social  investigation  which  takes  its  departure  from  assault 
upon  this  primary  concept  resembles  a  campaign  for  civil  service 
reform  begun  by  making  a  bogy  of  the  Declaration  of  Independence. 

The  second  part  of  Professor  Patten's  objection,  referring  to  the 
method  of  investigating  and  expounding  social  relations,  has  also  a 

[742] 


The  Organic  Concept  op  Society.  91 

double  bearing.  It  is  directed  first  against  Small  and  Vincent's  applica- 
tion of  the  positive  method  in  particular,  and  second  against  the  use 
of  biological  analogies  in  general. 

On  the  former  subject  the  criticism  asserts :  "  No  better  example  of 
the  evil  results  springing  from  the  use  of  this  method  can  be  found 
than  in  the  work  upon  which  I  am  commenting.  The  whole  of  the 
second  book  is  given  up  to  a  description  of  the  growth  of  a  Western 
city  from  its  first  settlement  until  the  present  time.  //  is  implUd  that 
this  description  illustrates  all  the  various  phases  of  social  structure 
and  activity. ' ' 

The  first  answer  to  the  objection  may  make  further  reply  snpcrfla- 
ous.  The  fact  is  the  authors  introduced  the  book  in  question  with  the 
explicit  statement :  ''An  attempt  to  describe  a  truly  typical  society  is 
distinctly  disclaimed,''^  (p.  99).  The  minute  description  of  a  particu- 
lar town  in  the  process  of  growth,  and  its  contemporary  activities,  no 
more  implies  an  intention  to  make  tlie  description  contain  what  does 
not  appear  in  the  facts,  than  demonstration  of  the  anatomy  of  a  crab 
or  a  toad  before  a  class  of  beginners  in  physiology  implies  the  inten- 
tion of  the  lecturer  to  read  into  the  structure  of  these  specimens  a 
complete  classification  of  the  animal  kingdom.  A  primary  object  of 
such  description  is  to  set  before  students  the  necessity  of  knowing 
accurately  some  small  section  of  reality,  at  least,  before  all  related 
reality  can  be  comprehended. 

Professor  Patten  further  urges  that  '' a  false  concept  of  social  growth 
is  given  by  such  a  picture^  and  false  ideals  are  inculcated  which  do 
immeasurable  harmy  It  is  certainly  venturesome  to  adduce  facts, 
and  describe  actualities,  when  theories  are  unprepared  to  assimilate 
them  ;  but  such  is  the  rashness  of  investigators  in  this  generation  that 
some  of  them  at  least  prefer  the  dangers  incident  to  consideration  of 
things  as  they  are  to  the  alternative  of  speculation.  It  is  doubtless  an 
impertinence  for  settlements  to  grow  into  towns  and  towns  into  dtiea, 
but  that  phenomenon  is  occurring  in  the  world,  and  in  order  to  know 
the  world  as  it  is,  precise  knowledge  of  this  phenomenon  is  among  the 
items  of  necessary  information.  It  is  a  sad  fact  that  in  tliis  particular 
town,  we  have  located  no  conspicuous  metaphysical  generalizations, 
but  we  must  protest  tliat  this  is  the  fault  of  the  town  itself.  No  such 
institutions  appear  on  its  map  or  figure  in  its  directory.  The  fact  that 
they  do  not  play  an  evident  r61e,  together  with  Professor  Patten's 
indictment  of  the  book  for  describing  what  does  appear,  reminds  me 
of  an  elderly  gentleman  whom  I  knew  in  Berlin  several  years  ago. 
He  had  been  a  life-long  student  of  language.  His  knowledge  of  Ger- 
man syntax  and  pronunciation  had  been  obtained  from  an  American- 
made  grammar.     The  German  spoken  in  Berlin  did  not  correspond 

[743] 


92  Annai^  of  thk  American  Academy. 

with  the  preconceptions  -which  he  had  brought  from  America.  His 
time  in  the  German  capital  was  devoted  to  attempts  to  persuade  every 
citizen  who  would  listen  to  him  that  the  Germans  did  not  know  how 
to  speak  their  own  language  ;  their  formation  of  sentences  was  illogi- 
cal, their  idioms  were  impossible,  their  pronunciations  were  exhibits 
of  phonetic  decay.  If  the  capital  of  a  Western  State  is  so  perverse  as 
not  to  demonstrate  Professor  Patten's  theories,  perhaps  it  is  the  duty 
of  Congress  to  interfere. 

The  criticism  continues  : — **  The  errors  of  socialism  are  mainly  due  to 
picturing  such  economic  aggregates  as  though  they  were  true  societies, 
and  representing  them  as  exemplifications  of  the  normal  tendencies  of 
social  progress."  Again  I  must  acknowledge  my  indebtedness  to  Pro- 
fessor Patten.  This  location  of  the  chief  source  of  socialistic  errors  had 
not  previously  come  to  my  knowledge  ;  but  does  Professor  Patten  mean 
that  science  would  be  advanced  by  treating  actual  human  communi- 
ties as  though  they  did  not  exist,  and  by  pursuing  social  ratiocina- 
tions in  serene  disregard  of  realities?  The  method  which  Professor 
Patten  condemns  is  the  same  method  which  dialecticians  have  always 
.rejected.  It  has  nevertheless  made  its  way  into  authority  in  one 
science  after  another  until  scholars,  with  very  few  exceptions,  are 
convinced  that  generalizations  are  of  little  value  unless  they  are 
either  derived  from  or  authorized  by  precise  knowledge  of  particulars. 
The  method  of  carefully  examining  one  social  group  after  another 
and  one  civilization  after  another  and  of  classifying  and  generalizing 
results  is  the  only  method  which  can  authenticate  social  philosophy. 

As  to  the  second  part  of  Professor  Patten's  objection  to  method,  I 
am  tempted  to  indulge,  first,  in  the  tu  quoque  form  of  reply.  If  bio- 
logical language  has  no  place  in  social  analysis,  it  would  be  interest- 
ing to  learn  how  Professor  Patten  excuses  himself  for  adopting  from 
Professor  Ward,  and  promoting  to  high  rank  in  his  terminology,  the 
phrase  "subjective  environment,"  which  consistency  demands  that 
he  repudiate  as  flagrant  miscegenation  of  psychology  and  biology ! 

Not  to  deal  too  flippantly  with  a  serious  question  of  methodology  ; 
it  ought  to  be  enough  to  repeat  the  assurances  which  have  been  given 
over  and  over  again  that  biological  analogies,  similes,  metaphors,  or 
even  literal  technicalities,  are  used  in  sociology  for  just  what  they  are 
•worth  as  suggestions,  hypotheses,  symbols  or  other  tools  of  investiga- 
tion. They  are  used  not  with  the  assumption  that  biology  without 
psychology  can  establish  and  complete  sociology  ;  but  with  the  belief 
that  the  problems  of  psychology,  for  the  settlement  of  which  sociolo- 
gists are  anxious,  cannot  at  present  even  be  stated,  in  the  clearest 
form,  without  the  assistance  of  associations  contained  in  terms  which 
biology  has  made  expressive.      We  do  not  care  how  soon,  or  how 

[744] 


The  Organic  Concept  op  Society.  93 

completely  sociology  or  psychology  supersedes  biological  language. 
At  present  no  terms  are  available  which  send  us  out  upon  so  many 
searches  for  precise  social  facts  as  the  terms  which  have  been  filled 
with  meaning  by  the  biologists.  The  sociologists  hope  and  believe 
that  persistent  positive  investigation  of  social  facts  will  create  a  lan- 
guage of  sociology  which  will  be  appropriate  and  unequivocal.  At 
present,  as  sociologists  have  acknowledged  time  and  time  again,  wc  are 
getting  from  biology  aid  similar  in  kind,  but  immeasurably  superior 
in  amount,  to  that  which  the  early  biologists  derived  from  superficial 
social  observation,  and  from  conventional  social  concepts.  Thus  when 
Milne-Edwards  formulated  the  principle  of  physiological  division  of 
labor,  in  1827,  he  wrote  :  "  Tout  animal  est  une  soditi  cooperative.''* 
Lewes  has  called  attention  to  the  fact  that  Goethe  developed  the 
same  idea  quite  perfectly  in  reference  to  plants  at  an  earlier  date  than 
1827.  Joh.  C.  Reil  wrote  in  1795:!  "  Der  thierische  Korper  ist  gleich- 
sam  eine  grosse  Republik,  die  aus  mehreren  Theilen  besteht,  welche 
zwar  sammtlich  in  einem  bestimmten  Verhaltniss  gegen  einander 
stehen,  uud  einzeln  zur  Erhaltung  des  Ganzen  mitwirken." 

Biology  was  not  pledged  by  the  use  of  these  suggestive  analogies  to 
find  or  invent  in  animal  bodies  administrative  machinery  correspond- 
ing to  every  office  and  function  of  a  "co-operative  society  '*  or  a  "re- 
public." It  did  not  undertake  to  find  anatomical  parts  to  be  named 
"buying  agents,"  and  "treasurers,"  and  "sheriffs"  and  "election 
commissioners."  No  more  does  sociology  attempt  to  carry  out  a 
mechanical  analogy  on  its  side,  when  it  learns  from  develope<l  biology 
of  intimate  relations  between  parts  in  the  animal  body,  and  upon 
that  suggestion  recognizes  in  society  an  "organism," — of  a  low  order 
to  be  sure,  if  literal  biological  criteria  be  applied,  as  Professor  Ward 
has  lately  said — but  an  aggregate  of  inter-related  parts,  the  facts  and 
processes  of  whose  inter-relations  become,  from  the  impulse  of  bi- 
ology, more  peremptory  subjects  of  study.  Probably  even  Professor 
Patten  would  join  me  in  pronouncing  silly  and  stupid  a  recent 
attempt  to  confound  the  users  of  biological  clues  to  social  relations, 
by  demanding  that  they  produce  Xhcjinger  nails  of  society  ! 

It  is  impossible  to  treat  very  seriously  any  criticism  of  sociology  at 
tlie  points  here  discussed.  I  do  not  feel  bound  to  apologize  for  the 
crude  attempts  of  many  men  in  the  past  to  make  out  social  laws  by 
the  mechanical  application  of  physiological  types  and  precedents.  I 
am  not  acquainted  with  a  single  responsible  student  of  sociology 
to-day  whose  use  of  biological  suggestions  in  method,  is  impeachable 

*  ••  Physiology,"  vol.  xiv.,  p.  a66.    cf.  "Dictionnairt  cUusiqiu  d'kisMrt  nmture!k^** 
t,  xii.  p.  346. 
\Archtv  fkr  Physiologies  vol.  i.,  p.  105. 

[745] 


94  Annai3  of  thk  American  Academy. 

by  valid  logic.  So  long  as  there  remain  uninterpreted  relations  in 
society,  finical  objections  to  the  verbal  or  symbolic  forms  in  which 
approximate  interpretations  are  recorded  for  further  examination 
should  be  regarded  as  the  off-duty  amusement  of  scholars,  and  treated 
as  playfully  as  I  have  felt  bound  to  deal  with  portions  of  the  sub- 
ject matter  of  Professor  Patten's  note.  Sociology  is  not  biology. 
Sociology  is  not  a  transcription  of  biological  results.  Sociology,  how- 
ever, must  not  only  take  into  account  vital  facts,  it  must  get  all  the 
help  possible  from  vital  analogies,  or  partial  analogies,  or  from  con- 
trasts with  vital  facts.  With  this  understanding  it  ought  to  be  easy  to 
transfer  the  debate  from  truisms  to  uncertainties.  Professor  Patten 
alludes  in  his  note  to  a  score  of  problems  which  are  well  worthy  of 
attention,  to  the  solution  of  some  of  which  he  will  undoubtedly  make 
important  contributions.  That  end  will  not  be  promoted,  however, 
by  needless  complication  of  essential  difficulties  with  misconceptions 
of  obvious  and  meaning  truths.  Whatever  room  there  may  be  for 
diflferences  of  opinion  about  the  metaphysics  of  human  desire,  or  about 
the  processes  of  human  satisfaction,  or  about  the  division  of  labor 
among  these  problems,  or  about  the  most  appropriate  language  with 
which  to  conduct  investigations  and  report  results,  attack  upon  "  the 
organic  concept"  is  an  entirely  mistaken  policy,  and  we  owe  it  to 
ourselves  to  abandon  it  in  favor  of  more  profitable  pursuits. 

University  of  Chicago.  Al,BION  W.  SmAIX. 


SOCIOIX>GY    AND    TH^    ABSTRACT    SCIENCES.       THE    ORIGIN    OF    THE 
SOCIAI,    FEEWNGS. 

Professor  Patten's  communication  on  "  The  Relation  of  Economics 
to  Sociology,"  in  the  Annate  for  January,  narrows  the  main  issue  be- 
tween his  views  and  mine  to  a  mere  question  of  what  my  conception 
of  sociology  is  and  what  it  is  not.     He  says  : 

' '  At  any  rate,  they  (the  sociologists)  must  choose  between  making 
their  science  a  hypothetical  science,  dealing  with  the  theory  of  social 
forces,  and  a  realistic  science  dealing  with  the  aggregate  phenomena 
of  the  social  world.  Professor  Giddings  does  not  recognize  this  dis- 
tinction. He  defines  sociology  as  an  '  attempt  to  account  for  the  origin, 
growth,  structure  and  activities  of  human  society  by  the  operation  of 
physical,  vital,  and  psychical  causes,  working  together  in  a  process  of 
evolution.'  Here  he  evidently  has  in  mind  a  concrete  realistic  science 
treating  of  all  the  phenomena  of  human  society.  On  page  i8,  how- 
ever, he  says  that  '  sociology  may  be  defined  as  the  science  of  social 
elements  and  first  principles.'  Here  I  understand  him  to  refer  to  the 
hypothetical  science  dealing  with  the  social  forces.'* 

[746] 


S0CI0U)GY  AND  THS  ABSTRACT  SCIENCES.  95 

I  can  only  say  tbat  Professor  Patten  has  mistaken  my  meaning,  and 
that  I  have  never  thought  of  sociology  as  the  abstract  or  hypothetical 
science  of  social  forces.  Sociology  is  a  concrete  science,  primarily 
descriptive  and  historical,  secondarily  explanatory.  The  abstract 
science  of  social  forces,  as  Dr.  Patten  describes  them,  is  not  sociology 
but  ethics.  When  I  have  defined  sociology  as  the  science  of  social 
elements  and  first  principles,  I  have  always  been  speaking  of  ele- 
ments and  first  principles  in  the  phenomenal  or  concrete  sense,  not  in 
the  sense  in  which  such  terms  are  used  in  an  abstract  science.  These 
two  kinds  of  elements  and  first  principles,  namely,  the  concrete  and 
the  abstract,  are  different  categories.  For  example,  cohesion  and 
gravitation  are  elementary  phenomena  of  the  concrete  physical  uni- 
verse ;  the  laws  of  chemical  combination  and  of  the  variation  of  grav- 
itation with  mass  and  distance,  are  first  principles  of  concrete  physical 
knowledge.  But  they  are  not,  by  any  means,  the  elements  and  first 
principles  of  the  abstract  science  of  physics,  which  hypothetically  goes 
back  of  all  concrete  phenomena  whatsoever,  and  posits  such  pure  ab- 
stractions as  atoms,  centrodes,  forces,  tensions,  motions  and  laws  of 
motion. 

When,  consistently  with  this  conception  of  sociology  as  a  science  of 
social  elements  and  first  principles  in  the  concrete,  I  have  called  it  the 
"fundamental"  social  science,  I  have  had  in  mind  its  relation  to 
those  particular  social  sciences  that  are  themselves  concrete,  such  as 
concrete  political  economy,  rather  than  its  relation  to  any  abstract 
science,  such  as  the  pure  economics  of  Dr.  Patten's  conception. 
Nevertheless,  I  have  contended  in  the  "Theory  of  Sociology"  that 
some  social  phenomena  are  evolutionally  antecedent  to  most  of  the 
phenomena  with  which  a  pure  economics  can  concern  itself,  and  this 
position  I  have  defended,  against  Dr.  Patten's  criticism,  in  my  com- 
munication in  the  Annals  for  November,  1894-  At  the  same  time  I 
have  shown  that  the  theories  of  subjective  utility  must  be  presupposed 
and  appealed  to  in  our  explanation  of  the  later  and  more  compli- 
cated phenomena  of  a  developed  society. 

This  is  equivalent  to  making  one  part  of  sociology  antecedent  to 
an  abstract  theory  upon  which  a  second  part  is  consequent  Such  a 
scheme  would  be  fatal  to  the  unity  of  sociology  if  we  accepted  a  linear 
or  serial  classification  of  the  sciences,  like  Comte's  or  Spencer's. 
But  it  is  perfectly  consistent  with  that  arrangement  of  the  concrete 
and  the  abstract  sciences  in  two  distinct  series,  one  perpendicular  to 
the  other,  which  I  presented  in  a  paper  on  "The  Relation  of  Sociol- 
ogy to  Other  Scientific  Studies,"  published  in  The  Journal  of  Social 
Science  of  November,  1894,  and  explained  again  in  the  discussion  of 
sociology  and  economics  at  the  meeting  of  the  American  Economic 

[747] 


96 


Annals  of  thk  American  Academy. 


Association  at  New  York  in  December.  Arranging  the  concrete 
sciences  in  order  along  the  line  0  y  and  the  abstract  sciences  along 
the  line  O  x^  perpendicular  to  Oy^  we  get  their  true  relations  as 
follows ; 


I 


Chemistry 


Astronomy 


Geology 


Biology 


Psychology 


Sociology 


1     i 

I 

! 

: 
1 

The  concrete  or  y  sciences  are  descriptive,  historical,  inductive. 
The  abstract  or  x  sciences  are  h3T)othetical  and  deductive.  The  con- 
crete become  explanatory  only  because  they  are  traversed  or  crossed 
by  the  abstract  sciences ;  that  is  to  say,  in  so  far  as  they  get  beyond 
mere  description  and  history  they  do  so  by  appealing  to  the  hypo- 
thetical principles  of  the   "pure"  or  deductive  sciences.     On  the 

[748] 


Sociology  and  the  Abstract  Sciences.         97 

other  hand,  the  abstract  sciences  are  not  abstractions  from  nothing. 
They  are  abstractions  from  concrete  phenomena.  That  is  to  aay,  they 
presuppose  and  take  for  granted  the  descriptive  and  historical  matter 
of  the  concrete  sciences. 

Accordingly,  the  field  of  the  physical  sciences  xs  O  p  q  r.  On  their 
descriptive  side  they  are  known  as  chemistry,  astronomy,  geology  and 
biology,  according  to  their  concrete  subject-matter.  On  their  explan- 
atory side  all  are  mathematical  and  physical.  The  fields  of  psychoid 
ogy  and  sociology  are/  5  «  /  and  s  v  w  u.  On  their  descriptive  side 
they  presuppose  the  concrete  physical  sciences.  On  their  explanatory 
side  they  are  mathematical,  physical,  economical  and  etliical ;  every 
one  of  the  abstract  sciences  contributes  principles  of  interpretation  to 
concrete  psychology  and  to  concrete  sociology. 

Historically,  too,  the  concrete  sciences  are  older  than  tlie  abstract. 
The  abstract  have  been  derived  from  the  concrete.  O  x  has  rotated 
from  O  y.  Thus,  mathematics  and  physics  have  been  derived  by  ab- 
straction from  the  concrete  natural  sciences.  Pure  economics  and 
abstract  ethics  have  been  derived  from  the  concrete  psychical  and 
social  sciences ;  economics,  for  example,  from  concrete  political 
economy. 

It  will  be  observed  that  the  names  of  all  the  concrete  sciences  end 
in  y,  and  those  of  all  the  abstract  sciences  in  cs.  This  is  neither  a 
result  of  conscious  agreement  nor  a  mere  accident.  It  is  a  conse- 
quence of  those  subtle  associations  of  ideas  that  so  often  influence  us 
without  our  being  aware  of  the  process  at  the  time.  Another  curious 
fact,  to  which  Professor  Hadley  has  called  my  attention,  is  that  we 
have  in  names  no  longer  used,  or  disappearing,  a  record  of  the  tran- 
sition stage  in  which  the  differentiation  of  the  abstract  sciences  from 
the  concrete  was  taking  place.  Thus  physics  was  natural  philosophy; 
biology  was  natural  history  ;  economics  was  political  economy  ;  ethics 
was  moral  philosophy. 

If  the  foregoing  scheme  of  classification  is  scientifically  valid,  I  have 
been  entirely  right  and  self-consistent  in  claiming  that  the  theories  of 
pure  economics  presuppose  some  portions  of  descriptive  sociology, 
while  the  explanatory  portions  of  sociolog>'  assume  and  appeal  to  the 
theories  of  pure  economics.  Referring  to  the  figure,  the  reader  will 
observe  a  section  of  the  field  of  sociology  s'  1/  u/  «'  which  is  also  a 
portion  of  the  field  of  pure  economics.  From  the  concrete  studies  of 
this  section  have  been  derive<l  our  abstract  economic  theories.  Such 
theories  being  formulated,  we  can  go  on  to  the  profitable  study  of  a 
further  section  of  the  sociological  field,  namely,  the  ethical,  u'  n/ w  m. 

The  second  question  upon  which  Dr.  Patten  and  I  have  disagreed 
is  whether  a  consciousness  of  marginal  utility  is  created  by  social 

[749] 


98  Annals  of  thb  American  Academy. 

relations  or  is  antecedent  to  any  social  relation  whatsoever,  even  the 
earliest  or  simplest. 

My  comments  on  the  further  contributions  that  Dr.  Patten  has 
made  to  the  discussion  of  this  question  must  be  brief,  but  I  do  not 
want  to  leave  the  subject  without  putting  on  record  my  dissent  from 
his  assumptions  and  conclusions.  The  whole  issue  turns  on  the  mean- 
ing of  the  words  "social  "  and  "association."  Dr.  Patten  is  mis- 
taken in  thinking  that  I  would  call  the  hostile  contact  of  a  beast  and 
its  prey  *'  association,"  or  regard  creatures  of  different  species  as  parts 
of  one  society,  or  group  such  phenomena  together  with  the  bonds 
that  unite  the  mother  to  her  child ;  and  it  is  this  misapprehension 
which  leads  him  to  say  that  my  thought  would  give  to  the  words 
"  social  "  and  "  association  "  "  a  new  meaning  opposed  to  all  usage," 
and  so  **  confuse  two  concepts  which  must  be  kept  distinct." 

I  have  never  thought  or  spoken  of  mere  physical  contact,  hostile  or 
friendly,  as  constituting  association  or  a  society.  It  is  association  if 
and  only  if  accompanied  by  a  consciousness  on  the  pari  of  each  of  the 
creatures  implicated  that  the  creatures  with  which  it  comes  in  contact 
are  like  itself  This  consciousness  of  kind  is  the  elementary,  the 
generic  social  fact ;  it  is  sympathy,  fellow  feeling  in  the  literal  as  dis- 
tinguished from  the  popular  sense  of  the  word.  When  this  con- 
sciousness exists  imitation  follows  necessarily  (as  I  shall  show  further 
on)  as  a  mere  matter  of  feeling,  or  even  of  reflex  action,  and  long  be- 
fore it  is  accompanied  by  reflection.  I  claim  then  that  the  contact  or 
grouping  of  creatures  of  the  same  kind,  e.  g.,  amoebae  with  amoebae, 
bees  with  bees,  blackbirds  with  blackbirds,  prairie  dogs  with  prairie 
dogs,  horses  with  horses,  and  so  on,  when  accompanied  by  a  con- 
sciousness of  their  identity  in  kind,  and  by  imitative  actions,  consti- 
tutes "association  "  and  the  beginnings  of  society.  Does  Dr.  Patten 
admit  this  claim  or  does  he  deny  it  ?  I  wish  that  he  had  told  us  just 
what  he  means  by  a  "social  instinct."  I  believe  that  all  social  in- 
stincts, social  feelings  of  every  description,  have  their  beginnings  in 
the  feeling  of  identity  of  kind  in  creatures  of  the  samespecies. 

If  Dr.  Patten  admits  this  the  further  question  is.  Does  the  feeling  of 
identity  of  kind  precede,  and  through  helpful  imitation  make  possi- 
ble, "  an  intense  consciousness  of  initial  utility,"  and  a  discrimination 
of  initial  from  marginal  utility  ?  I  think  that  it  does,  and  I  do  not 
see  that  Dr.  Patten  has  shown  that  it  does  not,  or  that  he  has  answered 
the  question  that  I  put  to  him  in  my  communication  of  November. 

It  will  be  remembered  that  in  his  criticism  of  my  "  Theory  of 
Sociology "  he  argued  that  for  a  long  period  in  the  evolution  of 
animal  life  "  an  intense  consciousness  of  initial  utility  "  makes  society 
impoGsible,  and  that  only  when  an  animal  has  learned  that  marginal 

[750] 


Sociology  and  the  Abstract  Scienxbs.         99 

utility  is  less  than  initial  utility,  will  it  allow  a  fellow  animal  to  share 
a  food  supply  which  is  ample  for  both,  and  so  enter  into  social  rela- 
tions. In  reply  I  asked  how  it  comes  to  pass  that  in  the  absence  of 
association,  an  isolated  individual,  which  is  "too  intensely  consdooa 
of  initial  utility  to  perceive  any  lesser  degrees,  presently  becomes 
aware  of  marginal  utility  and  concludes  to  be  sociable  ?  "  Thia  ques- 
tion Dr.  Patten  has  not  answered.  He  has  substituted  for  it  one  as- 
different  as  possible,  as  follows :  "  But,  it  is  asked,  how  do  these  hos- 
tile individuals,  conscious  only  of  their  own  wants  and  of  the  differ^ 
ences  in  tlie  quality  of  goods,  become  aware  of  the  presence  of  other 
conscious  beings  and  conclude  to  become  social  ?  " 

Dr.  Patten's  answer  to  this  substituted  question  of  his  own  asking  is 
that  strong  animals  drive  the  weak  into  poor  environments,  where 
they  ••  must  resort  to  new  means  *  to  secure  food  or  perish.*  They  find 
this  means  in  co-operation,  and  thus  new  relations  grow  up  between 
them  that  are  absent  from  the  stronger  animals  which  occupy  the 
better  localities  where  individual  exertion  can  secure  the  needed  food. 
Social  bonds  at  first  arise  not  among  the  victors,  but  among  the  van- 
quished. They  are  the  means  by  which  the  vanquished  outwit  their 
conquerors. ' ' 

All  this  may  be  perfectly  true.  The  process  described  has  doabt- 
less  been  repeated,  not  thousands  but  millions  of  times  in  the  evolu- 
tion of  life.  But,  according  to  Dr.  Patten's  former  argument,  the 
vanquished  are  not  social  when  they  are  driven  out  of  the  good 
environment.  They  cannot  be  social,  he  has  told  us,  until  they  leara 
the  difference  between  initial  and  marginal  utility.  Until  then  they 
must  fight  among  themselves.  I  therefore  repeat  my  former  question : 
How  do  these  unfortunate  creatures  acquire  that  knowledge  of  the 
difference  between  initial  and  marginal  utility  which,  according  to  Dr. 
Patten,  is  the  necessary  antecedent  to  sociability  ? 

Will  he  answer  that  in  the  mere  passing  from  plenty  to  scarcity  the 
distinction  is  discovered?  Of  course  not.  The  difference  between 
initial  and  marginal  utility  is  less  in  fact,  and  is  less  easily  perceived 
when  food  is  scarce  than  when  it  is  plenty.  Will  he  then  say  that  the 
knowledge  is  acquired  when  his  vanquished  creatures,  in  their  poor 
environment,  with  its  limited  supply  of  food,  learn,  through  repeated 
struggles  among  themselves,  that  while  an  initial  portion  of  food  Is 
worth  fighting  to  the  death  for,  a  marginal  portion  is  not?  That  is 
exactly  what  I  have  described  as  one  of  the  ways  (though  not  the  only 
way)  in  which  the  difference  between  initial  and  marginal  utility  is 
learned.  Is  Dr.  Patten  trying  to  disprove  my  conclusion  by  taking  it 
as  the  premise  of  his  argument  against  it  ? 

The  issue  then  narrows  down  to  this  :  Is  a  consciously  hostile  conflict 

[75.] 


ipo  Annals  of  the  American  Academy. 

for  food,  among  creatures  of  like  kind  (a  conflict  so  consciously 
carried  on  that  it  can  result  in  the  discrimination  of  degrees  of  utility) 
antecedent  to  a  consciousness  of  identity  or  likeness  of  kind  and  its 
accompanying  phenomena  of  imitation  ;  or  is  the  recognition  of  kind 
the  earlier  and  more  elementary  phenomenon  ?  This  question  goes  to 
tlie  very  root  of  the  subject.  Upon  it  must  divide  those  who  hold  by 
tlie  doctrine  of  Hobbes,  that  rampant  individualism  and  remorseless 
conflict  preceded  all  society  and  all  social  instincts,  from  those  who 
believe  that  the  germs,  at  least,  of  fellow  feeling,  of  social  instinct, 
and  of  association,  are  as  old,  and  evolutionally  as  primitive  as  the 
individual,  and  that  from  the  first  they  have  conti-ibuted  to  the 
psychic  development  of  the  individual. 

The  illustrations  and  examples  that  Dr.  Patten  has  drawn  from 
animal  life  do  not  seem  to  me  to  throw  any  light  on  this  inquiry. 
They  are  all  taken  from  too-advanced  types,  or  the  phenomena  cited 
are  not  in  point.  The  young  cobra,  for  instance,  may  pay  no  more 
attention  to  the  mother  cobra  than  to  a  log,  but  no  observer  who  has 
"  seen  snakes"  of  the  real  world,  out  of  doors  and  by  daylight,  has 
ever  imagined  that  a  cobra  does  not,  in  fact,  know  the  difference  be- 
tween another  cobra  and  a  log.  If  Dr.  Patten  will  turn  to  such  a 
work  as  Dr.  Joseph  I^eidy's  **  Fresh  Water  Rhizopods  of  North 
America,"  and  study  there  the  structure  and  habits  of  the  lowest 
known  forms  of  animal  life,  he  will  find  material  that  is  more  relevant 
to  the  issue. 

Through  the  study  of  such  material  I  believe  I  have  discovered  the 
answer  to  the  question  :  How  and  when  does  the  conscious  recognition 
of  a  fellow-creature,  as  of  like  kind  with  one's  self,  arise  ?  The  sub- 
ject is  properly  one  for  a  psychological  journal,  and  I  had  intended  to 
present  it  through  such  a  medium,  but  this  discussion  would  be 
incomplete  and  inconclusive  without  a  brief  statement  of  it.  The 
lowest  creature,  a  mere  bit  of  structureless  sarcode,  without  stomach, 
limbs,  or  organs  of  sense,  has  its  favorite  foods  and  makes  curious 
selections.  It  draws  into  itself  a  diatom  shell  containing  a  living 
diatom,  but  knows  and  refuses  an  empty  shell.  It  appropriates  not 
only  diatoms,  desmids,  and  other  forms  of  vegetable  food,  but  also 
such  animal  forms  as  rotifers,  but  it  does  not  devour  its  fellow 
amoebae.  It  shows  in  many  ways  that  it  knows  the  difference  between 
fellow  amoebae  and  other  objects.  How,  then,  does  this  knowledge 
arise? 

The  explanation,  I  think,  is  extremely  simple.  Conflict  does  not 
enter  into  it.  The  amoeba  projects  its  body  substance  in  pseudopodia, 
thrust  out  in  many  directions,  and,  in  so  doing,  assumes  endless  vari- 
eties of  form.     The  pseudopodia  grasp  and  draw  in  food  objects. 

r752] 


Sociology  and  the  Abstract  Scienxes.        ioi 

Frequently  they  come  in  contact  with  each  other.  Instantly  a  double 
feeling  arises ;  the  simultaneous  feeling  of  touching  and  of  being 
touched.  The  creature  thus  learns  to  associate  a  certain  touch  with 
itself.  It  knows  the  "feel"  of  external  contact  with  its  own  sub* 
stance.  This  feeling  it  does  not  associate  with  nutrition,  because,  even 
if  one  pseudopodium  coalesces  with  another,  a  body  cannot  nourish 
itself  by  absorbing  itself.  Accordingly,  when,  at  a  subsequent  time,  it 
comes  in  contact  with  another  amceba,  and  experiences  feelings  of 
touch  like  those  experienced  in  touching  itself,  it  recognizes  the  crea- 
ture as  an  object  like  itself,  and  therefore  as  not  food. 

In  like  manner  the  earthworm,  through  doubling  and  coiling  upon 
itself  learns  to  know  the  "  feel  "  of  its  own  substance,  and  to  know 
the  difference  between  fellow  creatures  of  its  own  kind  and  all  other 
things ;  and  insects,  through  the  contact  of  their  legs  and  wings,  and 
particularly  of  their  antennae,  acquire  the  same  knowledge. 

Therefore  I  conclude  that  the  struggle  for  food  does  not  take  the 
form  of  a  direct  conflict  between  creatures  of  the  same  kind  as  early 
in  the  evolutionary  process  as  has  been  supposed.  The  earlier,  and  at 
all  times  the  more  common  and  important  process,  is  a  conflict  be- 
tween unlike  forms  of  life.  In  the  earliest  stages  of  evolution,  as  now 
in  civilized  human  societies,  the  conflict  between  creatures  of  the 
same  kind  has  been  in  the  main  indirect,  rather  than  direct,  a  compe- 
tition or  rivalry  rather  than  a  set-to  or  battle.  From  the  first  it  has 
been  modified  by  the  recognition  of  kind  and  the  instinct  to  avoid 
one's  own  kind  as  food,  an  instinct  which,  I  think,  has  been  broken 
down  only  by  starvation. 

Nor  are  the  mere  recognition  of  kind  by  a  sentient  animal,  and  the 
instinct  to  refuse  living  creatures  of  its  own  species  as  food,  the  only 
consequences  of  repeated  external  contacts  of  one  part  of  its  body 
with  other  parts.  It  so  learns  not  only  to  know  its  own  substance  ob- 
jectively, but  to  know  its  own  motions  by  external  touch  as  well  as  by 
internal  tension.  Through  the  mediation  of  this  knowledge  it  recog- 
nizes as  like  its  own  the  motions  of  creatures  like  itself.  Their  mo- 
tions, therefore,  become  stimulations  that  set  up  like  tensions  in 
itself  and  start  like  motions.  This  is  the  beginning,  as  it  is  the 
essence,  of  imitation.  Consequently  imitation  is  older  than  conflict 
among  creatures  of  the  same  kind. 

Thus  the  beginnings  of  the  social  feelings  and  of  social  actions  are 
as  primitive  as  the  beginnings  of  individual  instincts. 

Franxun  H.  GiDDlirat* 

Columbia  College. 


[753] 


PERSONAL  NOTES. 


AMERICA. 


University  of  Wyoming. — Mr.  Henry  Merz,  formerly  Professor  of 
Mental  and  Moral  Sciences  at  the  University  of  Wyoming,  was  last 
year  appointed  to  the  chair  of  Political  Science.  He  was  bom 
January  31,  1853,  at  Birrwyl,  Switzerland,  and  obtained  his  early  edu- 
cation in  the  public  and  high  schools  of  that  country.  In  1875,  he 
entered  Blackburn  University,  Carlinville,  111.,  from  which  he  grad- 
uated in  1 88 1  with  the  degree  of  B.  S.  Four  years  later  he  received 
the  degree  of  A.  M.  from  the  same  university.  From  1876-1883,  while 
a  student  at  Blackburn  University,  he  was  also  Instructor  in  Modem 
languages.  In  1885,  he  was  appointed  Principal  of  the  Public  School 
at  Lake  City,  Florida,  which  position  he  resigned  in  1888  to  become 
Professor  of  Modem  Languages  at  the  University  of  Wyoming.  In 
1893,  he  was  appointed  to  the  chair  of  Mental  and  Moral  Sciences. 
In  addition  to  his  professorship  in  the  university  proper,  he  was  in 
1891  appointed  Principal  of  the  Normal  Department,  which  position 
he  still  holds. 

Professor  Merz  has  been  General  Secretary  of  the  Wyoming  Acad- 
emy of  Sciences,  Arts  and  Letters  since  its  foundation.  In  1887,  he 
founded  the  Florida  School  Journal,  and  acted  as  the  editor  of  that 
periodical  until  the  following  year  when  he  left  the  State.  He  founded 
in  1890  the  Wyoming  School  Journal^  and  for  two  years  was  its 
editor. 

AUSTRIA. 

Czemowitz. — Dr.  Franz  Hauke  was  appointed,  1894,  Ordinary  Pro- 
fessor of  General  and  Austrian  Public  Law  at  the  University  of  Czer- 
nowitz.  He  was  bom  August  28,  1852,  at  Mauer,  near  Vienna,  and 
pursued  his  preparatory  education  at  the  gymnasium  of  the  Theresiam 
Academy  at  Vienna.  From  1870  to  1874  he  studied  law  at  the  Uni- 
versity of  Vienna  where,  in  1877,  he  acquired  the  degree  of  Dr.  Juris, 
la  1884  he  became  privat-docent  in  the  law  faculty  at  Innsbruck.  I« 
1885  he  was  appointed  to  deliver  lectures  on  Austrian  public  and 
administrative  law  at  the  University  of  Czernowitz  where  in  1889  he 
was  ^.ppointed  Extraordinary  Professor.     He  has  published: 

'  •  Die  Lehre  von  der  Minislerverantworilichkeit.  Eine  vergleichende 
Sludie  zum  osterreichischen  Staatsrechte.'^     Vienna,  1880. 

**  Die  slaatsrechlliche  Stellung  fViens.**  Oesterreichische  Rund- 
schau.    Vienna,  1883. 

[754] 


Personal  Notes.  103 

••  DU  Vertretung  der  Universitaten  in  den  Landtagen.  Ein  Vor- 
ichlag  zur  Erganzung  der  besiehenden  RechU:'     Crernowitz,  1893. 

''Die  geschichilichen  Grundlagen  des  Monarchcnrechis.  Ein  Bet- 
irag  zur  Bearbeitung  des  osterreichischen  Staaisrechisr  Vienna, 
1894. 

Vienna.— Dr.  Carl  Griinberg  became  Privat-docent  for  Political 
Economy  at  the  University  of  Vienna,  August,  1894.  He  was  bom  at 
Jokschan  in  Roumania,  February  10,  1861,  and  was  educated  at  the 
gymnasium  of  Czemowitz.  From  1881  to  1885  he  studied  in  the  legal 
faculty  at  Vienna  where  in  1886  he  acquired  tlie  degree  of  Dr.  Juris. 
Since  then  he  has  pursued  the  required  legal  practice  in  Vienna  where 
in  1893  he  established  an  independent  practice.  During  this  period 
Dr.  Griinberg  spent  four  semesters  at  the  University  of  Straasbnrg. 
In  conjunction  with  Dr.  S.  Bauer,  Dr.  H.  Hartman  and  Profesaor  B. 
Szanto  he  founded  the  Zeitschrifi  fur  Social-  und  Wirihscka/ls- 
geschichte,  but  at  the  close  of  the  second  volume  retired  with 
Professor  Szanto  from  the  editorship.     His  works  include: 

A  German  translation  entitled  "  Die  wirthschaftlichen  Grundlagen 
der  herrschendcn  Gesellscha/isordnung**  (Pp.  290.  Freiburg.  1885) 
of  the  work  of  Professor  AchUle  Loria,  of  Padua,  ••/  bdsi  economici 
della  costituz  ione  sociale.'* 

"  Die  Bauerfibefreiung  und  die  Auflosung  des  gulsherrlich-blluer- 
lichen  Verhdltnisses  in  Bohmen,  Mdhren  und  Schlesien.**  7  vola. 
Pp.  432  and  497.     Leipzig,  1893  and  1894. 

**/ean  Meslier,  un  pikcurseur  oublit  du  socialisme  contemporainer 
Revue  d'^conomie  politique.     Vol.  H.     Pp.  rjl-i^^-     1888. 

''Francois  Boissel,  contribution  a  Vhistoire  du  developpement  du 
socialisme  moderner     Ibid.,  Vol.  V.     Pp.  276-286,  356-383.     1891. 

"  Einige  Beitrdge  zur  Entwickelungsgeschichte  des  modemen 
Socialismus,  I.  Francois  Boisscir  Zcitschr.  f.  d.  ges.  StaatswisBen- 
schafl.     Pp.  207-252.     1891. 

"Die  rumanische  Agrargcsetzgebung  im  Hinblick  am/  ikre 
Reform.'^  Archiv  fiir  sociale  Gesetzgebung  und  Stotistik.  Vol.  II. 
Pp.  74-106.     1889. 

"La  question  agraire  ei  les  projets  de  rifonne  agraire  en  Rou- 
mainier  Revue  d'^conomie  politique,  Vol.  HI.  Pp.  161-179,  365-381. 
1889. 

"  Der  Dienstvertrag  im  Entwurfe  eines  burgerlichen  Ceselxbuches 
fur  das  deutsche  Reich:'    Deutsche  Worte.     Pp.24.     1889. 

•'  Der  ostcrreichische  Entztmrf  eines  Gesetzes  uber  die  ErricMumg 
von  Arbeitskammem:'  Conrad's  Jahrbiicher,  N.  F.,  Vol.  XIX.  Pp. 
393-492.     1890- 

[755] 


^ 


I04  Annals  of  thk  American  Acadmey. 

*'  Der  Entwurf  eines  Heimstdttengesetzes  fiir  das  deutsche  Reich. '^ 
Archiv  fiir  sociale  Gesetzgebung  und  Statistik,  Vol.  IV.     Pp.  369-388. 

1891. 

Further  in  Handworterbuch  der  Siaatsimssenschaften  (Conrad,  etc.) 
the  articles  ''  Arbeiterschutzgesetzgebung  in  Rumdnien^^^  ^^  Bauern- 
befreiung  in  Rumdnien^'*  and  **  Unfreiheit.'* 

Dr.  Adolf  Heinricli  Menzel  has  been  appointed  (1894)  Ordinary 
Professor  of  Administrative  Law  at  the  University  of  Vienna.  He  was 
born  at  Reichenberg  in  Bohemia,  July  9,  1857,  received  his  early  edu- 
cation at  a  gymnasium  in  Prague,  1866-74,  where  he  studied  law  at 
the  university  from  1874  to  1878.  Obtaining  in  1879  ^^^  degree  of  Dr. 
Juris  at  Prague,  he  pursued  the  practice  of  the  law  at  Vienna  from  1879 
to  1886.  In  1882  he  became  privat-docent  of  the  University  of  Vienna, 
and  was  made  Extraordinary  Professor  in  1890.  In  addition  to  con- 
tributions to  periodicals  his  works  include  : 

'' Die  SchuldHbernahme.''    Pp.56.     Vienna,  1884. 

"  Das  Anfechtungsrecht  der  Gldubiger  nach  osterreichischem 
Rechtey    Pp.  344.     Vienna,  1866. 

"  Die  Arbeiterversicherung  nach  osterreichischem  Rechte^  Pp.  504. 
Vienna,  1893. 

FRANCE. 

Paris. — Professor  Claudio  Jannet,  Professor  of  Political  Economy  at 
the  Catholic  University  of  Paris,  died  at  Paris,  November  22,  1894. 
His  loss  has  been  keenly  felt  by  his  colleagues  and  especially  by  the 
I/e  Play  School  of  Social  Science  of  which  he  was  an  ardent  advocate. 
Professor  Jannet  was  bom  at  Paris,  March  26,  1844,  and  by  his 
studies,  attainments  and  published  writings  has  won  a  high  place  in 
the  ranks  of  French  economists,  and  as  M.  Passy  remarked  at  the 
December  meeting  of  the  SociSti  d'iconomie  politique,  was  looked 
upon  as  a  probable  Academician  at  no  distant  date.  M.  Jannet  made 
many  visits  to  the  United  States,  especially  to  Texas  and  the  Southern 
States,  and  was  well  acquainted  with  our  economic  and  agricultural 
conditions  which  he  was  largely  instrumental  in  making  known  in 
France.  Among  his  chief  writings  are  his  book  on  ''  Le  Capital  la 
speculation,  et  la  finance, ^^  and  his  exposition  of  the  principles  of 
the  Le  Play  School  published  in  pamphlet  form*  and  first  delivered 
as  a  lecture  at  Geneva. 

He  published  also : 

''^tude  sur  la  loi  Voconia,  fragment  pour  servir  h  Vhistoire  des  in- 
stitutions juridiques  au  VI me  siicle  de  Rome:'    Paris,  1867. 

♦  "  Quatre  icoles  d'iconomU politique ^ 

[756] 


Personal  Notes.  105 

•  *  Les  ResuUats  du  partage/orci  des  successions  en  Provence. "   187 1 . 

•  *  /.«  socilth  secrHes. ' '     1 876. 

*'  Les  ktats  Unis  contemporains  ;  les  moeurs,  les  instil uiions  et  Us 
idies  depuis  la  guerre  de  la  stcession. ' '    4  edition,  2  vols.     1888. 

"Z.«  institutions  sociales  et  le  droit  civil  de  Sparte.''  2  edition, 
1880. 

**  Le  Cridit  populaire  et  les  banques  en  Italic^  du  XV^»*  au  XVI  m* 
sihU:'    1885. 

*' L' IndiffSrenlisma politique.'*     1883. 

'  *  Le  Socialisme  d'Hat  et  la  ri/orme  sociale. ' '     1888. 

GERMANY. 

Heidelberg.— Dr.  Carl  Kindermann  established  himself  in  1894  m 
Privat-docent  for  Political  Economy  at  the  University  of  Heidelberg. 
He  was  bom  August  10,  i860,  at  Magdeburg,  and  finished  in  1881  his 
early  education  at  the  gymnasium  "Zum  Kloster  unser  lieben 
Frauen"  in  that  city.  He  then  pursued  studies  in  law,  political  econ* 
omy  and  philosophy  in  the  years  1881-83,  at  the  universities  of  Jena, 
Tubingen,  Leipzig  and  Berlin.  At  the  last  named  he  secured  in  1885 
the  degree  of  Dr.  Juris,  and  was  occupied  in  the  higher  judicial  service 
at  Magdeburg  until  1888.  During  this  period  he  acquired  a  practical 
knowledge  of  economic  life  by  service  in  the  administration  of  a  large 
insurance  society,  and  by  two  visits  to  England  in  1887  and  1888.  At 
the  close  of  the  year  1888  he  entered  the  University  of  Heidelberg 
where  for  the  purpose  of  a  comprehensive  preparation  for  economics 
and  sociology,  he  pursued  until  the  spring  of  1894  studies  in  philos- 
ophy, political  economy  and  the  natural  sciences,  interrupting  his 
studies  for  a  visit  to  the  United  States  in  1893.  In  addition  to  smaller 
essays  he  has  published  : 

•  'Nemo  pro  parte  testatus  pro  parte  intestatus  decedere  potest."  1885. 
(Legal  Doctor  dissertation.) 

**  Zur  organischen  Giitervertheilung.''     Pp.  160.     1894. 

Munich.— Professor  Julius  Lehr,  who  died  October  10,  1894.  was  Pro- 
fessor of  Political  Economy  in  the  University  of  Munich,  and  belonged 
to  a  moderate  wing  of  the  mathematical  economists.  He  was  bom  in 
Schotten  (Oberhessen),  October  18,  1845,  and  studied  political  science 
in  the  University  of  Giessen.  In  1868  he  began  his  career  as  teacher 
in  the  Forestry  Academy,  in  Miinden,  and  in  1874  he  was  called  as 
Professor  of  Political  Economy  to  the  technical  high  school  in  Karls- 
ruhe, from  which  place  he  went  to  Munich  in  1885. 

He  was  the  author  of  the  following  books  and  monographs  : 
*'  Zusatnmenstellung   der    wichstigsten    Bestimungen  der  preus- 
sischen  Agrargesetzgebung.'*    Miinden,  187a 

[757] 


io6 


Annai^  of  the  American  Academy. 


^'  Zur forstlichen  Unterrichtsfragey    Vienna,  1873  (anonymous). 

'*  Schutzzoll  und  Freihandei:'    Berlin,  1877. 

*'  Eisenbahntarifwesen  und  Eisenbahnfnonopol.''    Berlin,  1879. 

*'Die  neuen  deutschen  Holzzolle.'"    Jena,  1880. 

^' Die  neuen  deutschen  Holzzolle  und  deren  Erhohung,'*  Frank- 
fort a.  M.,  1883. 

••  Wirtschaftliche  Fragen  des  Eisenhahriwesensy     1885. 

*'  Beitrdge  zur  Statistik  der  Preiser    Frankfort  a.  M.,  1885. 

"Z>2>  Berechtigung  des  Zonentarifs  im  Personen-  und  Guter- 
verkehry    Munich,  1891. 

"  Politische  Okonomie  in  gedrangter  Fassung.  **    Munich,  1892. 

Besides  these  books,  Professor  Lehr  contributed  many  valuable  arti- 
cles to  Meyers'  Conversationslexikon  and  Conrad's  Handworterbuck, 
and  was  a  prolific  writer  in  economic  periodicals. 


BOOK  DEPARTMENT. 


REVIEWS. 
Compulsory  Insurance  in  Germany.     Fourth  Special  Report  of  the 

Commissioner  of  Lrabor.     Prepared  under  the  direction  of  Carroll 

D.  Wright.     By  John  Graham  Brooks.    Pp.  370.    Washington, 

D.  C,  1894. 

In  the  summer  of  1891  Mr.  Brooks  undertook  a  journey  to  Europe 
primarily,  we  understand,  with  the  object  of  studying  institutions  of 
self-help.  A  year  and  a  half  later  he  returned  the  author  of  the  best 
and  most  exhaustive  treatise  on  state  labor  and  social  insurance 
which  has  so  far  appeared  in  the  English  language.  If  this  scientific 
and  impartial  statement  is  a  criterion  of  what  might  also  have  been 
expected  had  his  original  purpose  been  consunimate<l,  we  may  hope 
that  another  European  visit  will  not  be  long  delayed. 

It  is  true  that  Mr.  Brooks  has  been  very  fortunate  in  having  at  his 
command  a  larger  mass  of  material  and  more  complete  and  valuable 
sources  of  information  than  would  be  found  available  for  any  other 
social  inquiry.  His  list  of  best  books  in  the  bibliography  includes 
eighty-seven,  but  had  he  chosen  to  enumerate  everything  of  merit 
that  has  been  published,  the  list  would  probably  have  been  four 
or  five  times  as  large.  Still  there  is  such  a  tiling  as  an  entbarras  de 
choix^  and  it  must  have  been  a  somewhat  tedious  matter  to  go  care- 
fully  over  so  much  literature.  Besides  this,  the  names  of  so  many 
prominent  officials,  professors  and  investigators  of  social  topics  are  re- 
ferred to,  that  we  may  be  sure  Mr.  Brooks  aimed  to  collect  every 
well-founded  opinion,  and  to  present  all  views  with  generous  im- 
partiality. 

The  book  before  us  is  primarily  a  statement  of  facts.  It  commences 
with  a  chapter  upon  the  origin  and  development  of  compulsory 
insurance  which  might  have  been  made  dreary  enough  had  it  been 
presented  in  the  orthodox  German  fashion,  but  which  has  been  made 
extremely  readable,  and  shows  in  logical  if  not  in  chronological  order 
the  relation  of  state  insurance  to  social  democracy,  to  various  forms 
of  primitive  insurance  in  the  guilds,  and  how  the  practical  carrying 
out  of  this  insurance  furnished  the  foundations  for  the  present  scheme. 
The  influence  of  Lassalle,  Karl  Mario,  Dr.  Schaeffle,  who  has  been 
called  the  father  of  compulsory  state  insurance,  the  economic  teach- 
ings of  Wagner,  and  the  emphasis  given  in  Germany  to  the  Christian 

C759] 


io8  Annals  of  the  American  Academy. 

and  ethical  functions  of  the  state,  the  determination  of  Bismarck  and 
the  late  Emperor  William  to  take  a  positive  stand  in  furthering  the 
social  welfare  of  laborers,  are  all  clearly  pointed  out.  Next  follow  three 
chapters  in  which  the  laws  of  compulsory  insurance  against  sickness, 
against  accidents  and  against  old  age  and  invalidity  are  given  textually, 
and  facts  relating  to  organization  and  administration  quoted  in  full 
detail.  The  first  of  these  measures  was  passed  June  15,  1883.  It  was 
modified  in  April,  1892,  in  order  to  bring  it  into  harmony  with  the 
other  insurance  laws  which  had  in  the  meantime  been  passed.  Sick 
insurance  is  about  to  be  extended  to  agricultural  laborers  and  to  ser- 
vants. At  present  nearly  eight  millions  of  persons  are  insured,  and 
expenditures  for  sick  relief  amount  to  more  than  ^23, 800,000  annually. 
The  purpose  of  sick  insurance  is  to  ensure  a  certain  and  sufl5cient 
relief  in  case  of  illness  during  at  least  thirteen  weeks.  The  employe 
pays  two-thirds  of  the  sick  insurance  and  the  employer  one-third. 

Accident  insurance  is  likewise  compulsory  and  universal.  The  first 
law  was  passed  July  6,  1884,  and  dealt  chiefly  with  industrial  enter- 
prises. The  law  of  May  28,  1885,  extended  accident  insurance  to 
transportation  agencies.  A  subsequent  enactment,  bearing  the  date  of 
March  15,  1886,  regulates  accident  insurance  for  state  ofl&cials,  mili- 
tary officers  and  soldiers.  A  few  months  later  there  was  a  further  ex- 
tension to  agriculture  and  forestry,  and  it  is  on  the  eve  of  extension  to 
home  industry  and  commerce.  Accident  insurance  is  at  the  cost  of 
employers. 

Invalidity  and  old  age  insurance  law  was  enacted  June  22,  1889, 
and  subjects  to  compulsory  insurance  after  sixteen  years  of  age  all 
persons  working  for  wages  in  every  branch  of  trade,  apprentices  and 
servants  included,  managing  officials  and  commercial  assistants  with 
regular  salaries  up  to  $476.  The  old  age  and  invalidity  insurance  fund 
is  formed  by  equal  contributions  from  employers  and  employed,  and 
an  imperial  subsidy  amounting  to  $11.90  per  annum  is  granted  to 
every  annuity.  ^^J 

The  tabular  statement  on  the  next  page  gives  salient  facts  in  coi^H 
nection  with  these  three  insurance  laws.  1 

Four  chapters  have  been  dedicated  respectively  to  the  attitude  of 
public  opinion  toward  state  insurance,  the  relation  of  state  insur- 
ance to  wages,  to  public  charity  and  to  feigned  illness.  Nothing  very 
definite  is  said  on  any  of  these  points.  Public  opinion  now  very  gen- 
erally favors  sickness  insurance,  regards  accident  insurance  with  com- 
placency, but  is  apparently  discontented  with  the  old  age  aivl 
invalidity  measure.  The  law  seems  to  be  defective  since,  according  to 
a  reliable  private  calculation,  nearly  40  per  cent  have  failed  to  meet 
their  legal  obligations  to  contribute.     The  official  statement  reduce* 

[760] 


Compulsory  Insur.m^ce  in  Germany, 
summary  of  insurancb  in  gbrmany  in  1892. 


109 


Person.H  in5$ured,  receipt*, 

Insurance  agmlnst 

expenses,  etc. 

Sickness. 

AccidenU. 

Old  ace  Md  la. 

Taliditj. 

p^raons  insured 

a  7,273.000 
2,752,000 

17.378,000.00 

18,445,000.00 

e  31,416,000.00 

22,610,000.00 

g  x.475.6oo/» 

h  29,512,000.00 

f  26,180,000.00 

8.33 

3.33a 

b  18,000,000 
210,000 

112,852,000.00 

V'i6,i84,"oco.'oo 

7.735.000.00 

*-  1. 761. 200.00 

A  12,852,000.00 

«■  24,o38,ooojoo 

44.03 

.7»4 

e  11,200,000 
i»7^ 

ll.27S.«W» 

'./a5.75i.6oo.» 
/a.  14a 

Persons  relieved  d 

RSCBIPTS  : 

Contributions  of  employers. 
Contributions  of  employed. 
Total. 

BXPKNDITURBS  : 

Benefits 

Admini-stration, 

Total, 

Accumulated  funds 

Benefits  per  case, 

Charges  per  person  insured, .  . 

(a)  Persons  employed  for  wages  or  salary  in  trade  and  commerce,  partly  in  agrl' 
culture  (forestry)  and  domestic  service. 

{d)  Persons  employed  in  industry  and  agriculture  (forestry),  not  in  commerce, 
handicrafts  and  petty  trades,  including  about  4,000,000  small  farmers  (with  areas 
under  24.71  acres),  and  as  many  persons  insured  in  additional  or  double  employ- 
ments. 

{c)  Workers  of  all  trades  and  servants,  likewise  (industrial  and  agricultural)  offi- 
cial and  commercial  assistants  with  regular  year's  earnings  up  to  11476. 

(d)  Persons  having  received  legal  assi.stance  in  money  or  in  kind  (free  medical 
or  hospital  treatment,  medicines,  etc.).  provided  by  the  workmen's  insurance 
laws  for  disability  caused  by  sickness,  accident,  invalidity,  or  old  age. 

(g)  Including  balance  on  hand  at  the  commencement  of  the  jrear  and  iotereat  on 
investments. 

(/)  Including  State  subsidies. 

{g)  Including  the  current  costs  of  the  whole  organisation. 

(A)  Including  the  year's  addition  to  the  funds. 

(1)  Provided  by  law  in  order  to  secure  the  payments  named. 

this  to  16  or  17  per  cent.  In  fonr  years*  time  60,000  claims  have  had 
to  be  refused,  and  this  furnishes  ground  for  criticism  and  disappoint- 
ment. Playing  sick  under  the  insurance  laws,  which  waa  originallj 
conceived  to  be  a  formidable  obstacle  to  contend  with,  ia  now  leas  con- 
sidered,  possibly  because  less  resorted  to,  possibly  also  becanae  better 
means  are  found  for  preventing  it.  It  is  very  natural  that  the 
unworthy  classes  should  hasten  to  exploit  so  tempting  an  opportunity, 
and  thus  create  an  alarming  showing  during  the  first  few  ycara. 
There  is  reason  to  believe,  however,  that  this  waa  bat  temporary  and 
that  the  phenomena  will  not  occur  again.  What  part  of  the  coat  of 
insurance  falls  ultimately  upon  industrial  profita,  upon  the  wage- 
earner,  or  upon  the  independent  consumcrcannot  be  accurately  stated. 
A  great  deal  has  been  written  in  support  of  widely  different  viewt. 

[761] 


no  Annals  of  the  American  Academy. 

German  industry  certainly  at  the  beginning  greatly  feared  the  burden, 
but  up  to  date  there  are  no  reliable  statistics  to  show  whether  such 
fears  have  been  justified  by  experience.  The  financial  charges,  how- 
ever, are  of  considerable  account,  and  indications  as  to  who  are  pay- 
iug  the  bills  must  some  day  be  made  clear.  As  regards  the  relation 
of  insurance  laws  to  public  charity,  Mr.  Brooks  believes  that  there  are 
as  yet  no  pertinent  facts  to  prove  that  the  actual  burden  of  charity  has 
been  Hghtened,  but  he  also  admits  that  it  would  be  unjust  to  the  legis- 
lation to  discredit  it  for  not  having  produced  such  results  up  to  date. 

Mr.  Brooks  asserts  that  certain  confident  claims  which  were  made 
by  early  advocates  for  compulsory  insurance  legislation  have  not  only 
not  been  fulfilled,  but  there  is  scarcely  a  sign  that  they  will  be.  Bis- 
mark's  idea  that  laborers  would  be  made  contented,  the  hope  that 
certain  classes  of  the  insured  would  more  readily  go  to  the  country, 
checking  social-democratic  propaganda,  lightening  the  charity  burden, 
inculcating  habits  of  thrift,  and  creating  harmonious  relations  between 
employers  and  employed,  have  none  of  them  to  any  important  extent 
materialized.  These  disappointments  are  of  little  consequence  as 
compared  with  indications  that  results  of  the  widest  social  advantage 
are  to  follow.  The  influences  of  organization  of  the  highest  social 
forces  on  such  a  magnificent  scale  are  beginning  to  be  felt,  and 
judgment  on  ultimate  effect  must  be  delayed  until  a  sufficient  time 
shall  have  elapsed  to  give  this  profoundly  ethical  scheme  a  fair  and 
impartial  trial  under  the  favorable  conditions  which  Germany  offers. 
Mr.  Brooks  believes  that  no  mere  material  or  strictly  economic  test 
can  be  applied  to  this  legislation,  and  he  would  therefore  rather  direct 
the  judgment  to  essential  moral  and  educational  influences  which  are 
beginning  to  be  definitely  established.  Arousing  the  social  conscience 
of  a  great  nation,  and  training  the  national  mind  to  grapple  with  this 
grave  problem  cannot  fail  to  awaken  distinctively  hopeful  influences 
elsewhere.  All  industrial  countries  will  now  watch  in  critical  expecta- 
tion, and  if,  as  seems  probable,  labor  and  social  insurance  in  some 
form  will  make  the  tour  of  the  civilized  world,  others  will  gain 
wisdom  from  the  pioneer  experience  of  Germany. 

E.  R.  ly.  Gould. 


Die  Bauemhefreiung  und  die  Aufldsung  des  gutsherrlich-bduer- 
lichen  Verhaltnisses  in  Bohnten,  Mdhren  und  Schlesien.  Von  Kari^ 
GrUnberg.  2  vols.  Pp.  432  and  497.  Price,  16  marks.  Iveiprig: 
Dnncker  und  Humblot,  1894. 

German  works  dealing  with  the  history  of  civilization  have  been  di- 
rected recently  with  particular  interest  to  the  study  of  those  gfreat 

[762] 


BAUERNBEFREIUNG  UND  DIB  AUFLOSUNG.  Ill 

social  revolutions  which,  from  the  middle  of  the  last  century  to  the 
middle  of  the  present  one,  have  worked  themselves  out  in  mo«t 
countries  of  x:ontinental  Europe,  especially  in  Germany  and  Austria, 
and  which  have  been  designated  by  the  general  expression,  "the 
emancipation  of  the  peasants. "  Knapp's  book,  "  The  Emancipation  of 
the  Peasants  in  Prussia  "  was  the  pioneer.  The  present  author  follows 
its  example  in  picturing  this  social  revolution  in  the  thr«e  Austrian 
countries  (Bohemia,  Moravia  and  Silesia),  which  have  been  spoken  of 
latterly  as  "the  lands  of  the  Bohemian  crown."  Here,  as  in  other 
European  countries,  there  existed  from  very  remote  times  the  institu- 
tion of  serfdom  ;  that  is,  the  agricultural  peasant  population  was  sub- 
ject to  the  noble  proprietors  of  the  soil,  and  owed  them  services  or 
dues  in  kind  (feudal  services).  The  state,  as  such,  in  the  beginning 
did  not  trouble  itself  about  this  "subjected  "  population,  the  immediate 
control  of  which  was  exercised  by  the  proprietors,  who  belonged  to 
the  nobility.  This  arrangement  was  not  disadvantageous  to  the  state, 
so  long  as  the  burden  of  carrying  on  war  rested  exclusively  on  the 
knights  and  lords ;  that  is,  on  the  nobles.  It  was,  so  to  speak,  the 
primitive  political  economy  of  nature.  The  state  was  defended  by  an 
nnremunerated,  noble  proprietor  class,  and  it  ceded  to  them  in  return 
the  use  of  the  labor  of  the  peasants.  When,  however,  with  the 
changed  conditions  in  the  conduct  of  war  from  the  time  of  the  six- 
teenth and  seventeenth  centuries,  it  came  about  that  the  state  could 
rely  less  and  less  on  the  knights,  and  was  compelled  to  raise  and  pay 
its  own  armies,  it  was  more  and  more  to  its  interest  to  protect  and 
uphold  that  class  from  which  it  derived  its  soldiers  and  revenue ;  that 
is,  the  peasant  class.  It  was  therefore  natural  that  the  state  had  to 
uphold  this  class  more  and  more,  and  that  it  could  not  suffer  the  ex- 
ploitation of  this  class  at  the  hands  of  the  lords  and  knights,  who 
were  emancipating  themselves  from  taxation  as  well  as  from  military 
service.  From  these  causes  originated  those  political  measures  which 
aimed  at  making  the  peasant  population  a  free  class,  protected  from 
the  oppression  of  the  nobles.  These  measures  consisted  in  an  inter- 
ference on  the  part  of  the  state  with  the  relations  between  the  nobles 
and  peasants,  the  state's  imposing  ever  contracting  limits  upon  the 
oppression  and  on  the  exploitation  of  the  rural  population  by  the 
nobility,  till  finally,  in  our  century,  the  government  accomplished  the 
complete  emancipation  of  the  peasants. 

This  whole  development  in  "the  lands  of  the  Bohemian  crown  "  is 
described  by  the  author  in  the  first  volume  on  the  basis  of  the  ma- 
terial derived  from  the  entire  collection  of  the  statutes  and  archives, 
while  in  the  second  volimie  he  lays  before  us  verbatim  the  material 
taken  from    documents.     He  begins,   indeed,   with  an  explanation 

[763] 


112  Annals  of  the  American  Academy. 

of  the  rural  constitution  (agrarian  constitution)  of  these  countries  in 
the  eighteenth  century,  draws  us  a  true  picture  of  **  hereditary  subjec- 
tion," of  the  position  of  the  land  power,  of  the  different  "subject 
classes,"  and  of  their  obligations  to  this  land  power.  After  he  has 
shown  us,  in  an  historical  review,  the  origin  of  these  conditions  in  the 
previous  centuries  (before  1689),  he  takes  up  the  political  reform* 
which  were  set  in  motion  at  the  time  of  the  Empress  Maria  Theresa, 
and  which  consisted  in  the  regulation  of  the  obligations  of  the  serfs. 
In  this  effort  the  Austrian  government  had  to  have  some  hard  strug- 
gles with  the  representatives  of  the  nobles,  with  the  so-called  ''es- 
tates," who  resented  every  interference  of  the  government  in  this 
matter  of  the  compulsory  services  as  an  unjustifiable  usurpation.  The 
energy  of  Emperor  Joseph  II.  did,  indeed,  succeed  in  breaking  the 
opposition  of  the  estates,  and  especially  in  abolishing  serfdom ;  but 
after  his  death  a  reaction  set  in,  and  the  old  order  of  things  continued 
in  only  slightly  ameliorated  form  till  1849.  '^^^  abolition  by  compen- 
sation of  compulsory  services  and  the  final  **  emancipation  of  the 
peasants"  first  came  after  1848,  as  a  consequence  of  the  revolution  in 
Austria. 

This  whole  social  development  in  the  lands  of  the  Bohemian  crown 
is  presented  to  us  by  the  author  on  a  basis  of  abundant  material,  and_ 
by  this  work  he  has  rendered  a  lasting  service,  not  only  to  the  histoi 
of  civilization  in  Austria,  but  also  to  the  history  of  civilization  ii 
Europe.  It  is  to  be  hoped  that  the  next  subject  of  the  emancipati< 
of  the  peasants  in  the  other  Austrian  countries  may  find  an  equally 
thorough  and  careful  investigation.  Who  will  follow  the  author'! 
example  ? 

LUDWIG  GUMPIvOWICZ. 
[Translated  from  the  German  by  Ellen  C.  Semple,] 


Ueber  die  Entwickelung  der  australischen  Eisenbahnpolitik,  nebs 
einer  Einleitung  iiber  das  Problem  der  Eisenbahnpolitik  in  Thee 
und  Praxis.   Von  Dr.  MORITZ  Kandt.    Pp.  xxxiv  and  159.    Berlin: 
Mamroth,  1894. 

The  history  of  the  railway  policy  of  Australia  is  of  interest 
Americans,  because,  starting  under  circumstances  similar  in  soi 
respects  to  those  of  the  United  States,  that  country  has  adopted  a  v< 
different  policy.  The  monograph  before  us  is  the  beginning  of  a  moi 
presumptuous  work.  This  part  covers  simply  the  experience  of 
most  important  colonies,  especially  Victoria  and  New  South  Wal« 
down  to  the  time  of  the  establishment  of  government  ownership  an« 
operation.     Dr.  Kandt  promises  us  later  a  discussion  of  the  workings  of' 

[764] 


AUSTRALISCHEN   ElSENBAHNPOUTIK.  113 

the  government  system  to  the  present,  with  special  reference  to  the  way 
in  which  a  competent  body  of  officials  was  obtained  by  a  democrBcy. 

The  Australian  settlers  were  Englishmen  who  carried  with  them 
into  new  homes  English  institutions,  English  law  and  English  laissex 
/aire  theories  as  to  the  proper  functions  of  the  state.  Yet  such  has 
been  the  force  of  circumstances  that  they  have  moved  in  the  direction 
of  the  extension  of  state  functions  more  rapidly,  perhaps,  than  any 
other  part  of  the  world.  A  careful,  guarded,  scientific  expontion  like 
the  one  before  us,  of  the  successive  steps  and  struggles  by  which  Aus- 
tralia arrived  at  her  present  system  of  railway  operation,  cannot  iail 
to  be  instructive. 

The  first  railway  project  was  brought  up  in  1846  in  the  colony  of 
New  South  Wales.  At  this  time  Gladstone  was  Secretary  of  State  for 
the  Colonies,  and  a  dispatch  sent  by  him  to  the  governor  of  that 
colony,  in  that  year,  outlines  the  policy  that  the  English  cabinet  bad 
been,  and  was  at  that  time,  pursuing  in  relation  to  railways,  and 
instructs  the  governor  to  follow,  so  far  as  possible,  the  same  policy. 
Briefly  stated,  the  main  points  of  the  scheme  thus  outlined  by  the 
eminent  English  statesman  for  the  young  colony  were  :*  i.  That 
every  law  granting  to  a  private  company  the  right  to  build  and  run  a 
railroad  should  be  subject  to  revision  and  repeal  at  any  time. 

2.  That  in  accordance  wdth  the  principles  of  the  general  statutes 
then  in  force  in  England  [7  and  8  Victoria,  Chap.  85],  the  colonial 
government  should  retain  the  right  to  revise  the  rate  of  tolls  and  fix  a 
new  scale  in  cases  where,  after  twenty -one  years,  the  profits  shall 
exceed  fifteen  per  cent  on  the  basis  of  seven  years'  business. 

3.  That  the  enabling  act  should  contain  provisions  for  the  pnrchase 
of  the  road,  if  it  shall  be  thought  fit  by  the  government,  after  a  certain 
lapse  of  time  and  on  definite  terms. 

4.  That  while  numerous  regulations  may  be  necessary,  they  should 
not  be  so  used  as  to  hamper  private  enterprise. 

But  the  realization  of  the  hopes  implied  in  this  scheme  was  to  be 
hindered  by  the  weakness  of  private  enterprise.  The  demand  of  the 
railways  for  land  grants  moved  the  British  government  to  further 
interference.  At  the  time  of  the  adoption  of  the  new  constitution  of 
New  South  Wales  in  1842,  an  act  had  l>ecn  passed  regulating  the 
acquisition  of  public  land.  By  the  provisions  of  this  act,  such  laml 
was  to  be  sold  at  auction  at  not  less  than  one  pound  sterling  per  acrt-. 
Despite  much  discontent  with  this  method  of  disposing  of  land,  thi- 
British  government  could  be  induced  to  make  no  greater  concession 
than  that  the  companies  might  acquire  land  without  an  auction  at  the 
minimum  price. 
•  The  whole  dispatch  is  printed  in  the  Anhang. 

[765] 


114  Annai^  of  the  American  Academy. 

The  first  actually  incorporated  road  was  chartered  in  1846,  The 
important  provisions  of  this  charter  were  in  accord  with  the  sugges- 
tions of  Gladstone's  dispatch.  The  company  was  obliged  to  keep 
their  accounts  open  to  public  inspection,  and  the  rates  could  be 
revised  if  the  dividend  excee<led  fifteen  per  cent.  After  twenty-one 
years  the  government  had  the  privilege  of  purchase  of  the  road  at  a 
price  equal  to  twenty-five  times  the  annual  earnings  on  the  basis  of  an 
average  taken  from  the  preceding  seven  years.  In  case  the  govern- 
ment guaranteed  the  dividends  on  the  stock  of  the  road,  it  should  have 
a  lien  on  the  property  of  the  road.  The  only  clauses  of  the  law  not  sug- 
gested by  Gladstone  were  details  such  as  the  provision  as  to  fencing  and 
gates,  to  keep  stray  cattle  out— a  necessity  in  a  stock-raising  country. 

Other  colonies  introduced  roads  about  the  same  time.  Some  of  the 
regulations  adopted  by  them  are  of  interest  in  passing.  In  South  Aus- 
tralia it  was  ordered  that  the  company  should  allow  each  shipper  to 
use  his  own  cars  and  locomotive. 

The  chief  interest,  from  this  time  on,  centres  in  Victoria,  which 
began  to  build  roads  in  1852.  "To  write  the  history  of  the  private 
roads  of  Australia,"  says  Dr.  Kandt,  "is  to  write  the  history  of 
failures,  since  nearly  all  the  private  roads  which  arose  on  Australian 
soil  led  a  miserable  and  short  life  ;  and  the  few  which  had  a  longer 
existence  maintained  themselves  only  by  the  help  of  extensive  support 
from  the  state."  The  author  regards  the  experience  of  Victoria  as 
tj-pical,  and  follows  it  hence  through  all  its  course.  Unable  to  obtain 
land  grants,  and  wnth  weak  credit,  poor  management  and  small  traffic, 
private  roads  one  after  another  fell  into  the  hands  of  the  government, 
to  satisfy  the  claims  which  arose  under  the  guarantee  of  interest. 
Most  of  the  roads  were  acquired  by  the  government  soon  after  their 
completion.  From  1868-78  there  was  only  one  small  private  road  in 
Victoria.  After  187S  the  state  road  system  was  fully  established.  Dr. 
Kandt  traces  in  detail  the  misfortunes  of  thirteen  roads,  and  shows 
the  ])recise  grounds  for  the  purchase  of  them  by  the  state  in  each 
case.  In  conclusion  he  says,  "The  difference  in  conditions  in  the 
colonies  rendered  an  imitation  of  the  railway  policy  of  the  mother 
countr>'  impossible.  Left  to  themselves  and  dependent  on  their  own 
strength,  no  private  roads  could  ])rosper  in  Victoria.  Yet  even  with 
tlu*  suj)])ort  of  the  government  within  the  bounds  of  a  wise  ])o1icy 
which  ke])t  the  public  interest  in  view,  and  did  not  allow  railway 
building  to  be  made  the  preliminary  for  land  speculation,  railway 
undrrtakings  of  great  extent  were  not  capable  of  life.  It  was  not 
possible,  therefore,  for  the  colony  of  Victoria  at  that  time  to  create  a 
railway  system,  following  the  policy  of  Ivngland,  and  depending  on 
private  companies." 

[766] 


Der  Kampp  ums  Recht  des  StXrkeren.   115 

The  first  step  in  the  direction  of  a  state  road  system  was  the  pur- 
chase of  the  Melbourne,  Mount  Alexander,  Murray  River  Railway 
(running  into  the  gold  mining  regions)  in  1856.  The  Geelong.  Mel- 
bourne,  and  other  roads  followed  soon  after.  In  1857  came  legiftlation 
looking  to  the  continuance  of  railway  construction  by  the  govern- 
ment. But  the  general  intention  at  that  time  was  to  lease  the  roads 
as  soon  as  possible  to  private  companies.  Despite  abuses  and  mis- 
management in  the  government  offices  for  the  operation  and  extension 
of  the  roads,  the  advantages  of  government  ownership  and  operation 
became  clearer  as  time  went  on.  So  that  by  1868  the  state  road 
system  may  be  said  to  have  been  finally  decided  upon. 

The  government  entered  upon  the  policy  of  railroad  building  on 
the  general  principles  which  had  dictated  the  highway  policy  of  IxHh 
the  colony  and  the  mother  country.  But  the  c\\\  experiences  with 
private  roads,  the  difficulties  in  the  way  of  leasing  the  roads,  the 
favorable  results  obtained  by  state  operation,  after  the  initial  difficul- 
ties had  been  overcome,  the  general  demand  for  further  railway 
construction,  together  with  the  fostering  influence  of  the  general 
socialistic  character  of  the  colony  ;  all  tliis  led  to  the  victor}-  of  the 
state  railway  system  as  the  permanent  policy.  The  main  problem 
from  that  time  on,  as  Dr.  Kandt  hints  in  his  announcement  of  the 
next  part,  was  how  to  secure  a  competent  civil  service  for  the  roads 
under  a  democratic  government. 

This  work  was  undertaken  at  the  suggestion  of  Professor  Gastar 
Cohn,  of  Gottingen,  whose  work  on  English  railway  policy  is  in  « 
sense  supplemented  thereby.  Dr.  Kandt  has  spent  several  years  in 
the  preliminary  investigation  at  the  library  of  the  British  Museum, 
and  among  the  books  and  records  of  the  Royal  Colonial  Institute  in 
London.  The  whole  work  when  completed  promises  to  be  of  great 
value. 

The  book  contains  a  most  complete  and  extremely  valuable  bibli- 

ography  on  all  railway  subjects. 

*^   -^  CaBL  C.   PI.BHN. 


Der  Kampf  ums  Recht  des  StSrkeren  und  seine  Entwickelung.  Von 
HiROYUKi  Kat6.  Pp.  154-  Price.  3  marks.  Berlin :  Friedlander 
&  Son,  1894. 

The  author,  formerly  president  of  the  University  of  Tokio,  investi- 
gates the  relation  of  might  to  right,  a  question  which  has  been  the 
subject  of  much  controversy  in  Europe  since  Bismark's  utterance, 
"Might  goes  before  right."  He  arrives  at  the  conclusion  that  aU 
right  does  certainly  spring  only  from  the  advantage  of  the  strong  in 

[767] 


ii6  AnnaIvS  op  the  American  Academy. 

the  conflict  with  the  weak,  but  that  it  first  attains  its  truly  just  nature 
through  mutual  concession^  through  compromise  with  the  weak. 
Since,  however,  such  an  adjustment  would  be  made  only  in  a  moment 
when  the  powers  of  the  opponents  were  equal,  the  *'  true  right "  first 
arises  when  the  forces  of  the  conflicting  parties  come  into  such  a 
state  of  equilibrium  ;  in  other  words,  only  when  the  weaker  side  is  so 
far  reinforced  that  the  stronger  is  compelled  to  yield  to  a  compro- 
mise. "Therefore,"  he  says  (p.  125),  "not  yet  between  the  two 
sexes  does  there  exist  that  entirely  fair,  noble,  and  worthy  right 
which  can  only  be  the  fi-uit  of  the  conflict  and  adjustment  of  the 
claims  (powers)  of  two  equally  strong  parties."  The  author  clearly 
shows  the  tendency  to  modify  the  proposition  that  might  is  the  source 
and  fountain-head  of  all  right,  to  mean  that  right  first  develops  to  a 
**  perfect  right "  when  it  secures  acknowledgment  at  the  hands  of  the 
originally  weaker  side. 

In  applying  this  theory  to  politics,  he  suggests  the  establishment  of 
a  *'  universal  state,"  into  which  the  civilized  peoples  of  Europe, 
America  and  Asia  (Japan  and  China)  shall  unite.  In  this  * '  universal 
state,"  the  "uncivilized"  races  should  take  a  subordinate  and  not  a 
free  position;  for  " the  civilized  peoples  must  be  the  possessors  and 
rulers  of  the  whole  earth."  These  views  of  the  author  give  ample 
proof  of  his  somewhat  idealistic  standpoint.  I  think  that,  from  a 
realistic  standpoint,  one  is  compelled  to  dispute  the  possibility  of  a 
"universal  state,"  within  a  calculable  time,  although  it  be  but  a  fed- 
eration of  all  "  civilized  peoples."  For  civilized  peoples,  too,  are  less 
likely  to  follow  ideal  than  material  interests,  and  the  latter  will  not 
permit  within  a  conceivable  time  the  necessity  of  war  to  disappear 
even  among  the  civilized.  If  the  author  had  had  the  privilege  of 
experiencing  the  war  between  Japan  and  China,  he  would  perhaps 
have  changed  his  views ;  he  would  perhaps  have  discovered  that  even 
between  "  civilized  peoples  "  there  are  questions  of  might,  and  indeed 
thoroughly  brutal,  material  questions  of  might,  which  cannot  be 
answered  otherwise  than  by  war  and  desolation.  In  view  of  such 
gloomy  necessities,  every  thought  of  a  "universal  state,"  consisting 
of  the  civilized  peoples,  is  a  dream  of  the  idealist.  However,  this 
book  by  the  Japanese  scholar  is  at  all  events  well  worth  reading 
because  it  is  very  stimulating. 

IvUDWlG  GUMPIvOWICZ. 
[Translated  from  the  German  by  Ellen  C.  Semple.] 


Labour  and  the  Popular  Welfare.    By  W.  H.  Mai.ix)CH.     Pp.  xi  and 
336.     Price,  I2.00.     London  :  Adam  and  Charles  Black. 
The  object  of  this  work  "is  to  point  out  to  the  great  body  of  the 

[768] 


I^ABOUR   AND   THE   POPUI.AR   WELFARK.  II7 

people— that  is  to  say,  to  the  multitude  of  average  men  aud  women, 
whose  incomes  consist  of  the  wages  of  ordinary  labor — the  con- 
ditions which  determine  the  possibility  of  these  incomes  being  in- 
creased, and  so  to  enable  them  to  distinguish  the  true  means  from 
the  false,  which  they  may  themselves  adopt  with  a  view  to  obtaining 
this  result"  (p.  315).  To  accomplish  the  purpose  thus  cumbronsly 
outlined,  Mr.  Malloch  has  divided  his  work  into  four  books,  which 
bear  the  following  titles :  (i)  The  divisible  wealth  of  the  United 
Kingdom  ;  (2)  the  chief  factor  in  the  production  of  the  national 
income ;  (3)  an  exposure  of  the  confusion  implied  in  socialistic 
thought  as  to  the  main  agent  in  modem  production ;  and  (4)  the 
reasonable  hopes  of  labor — their  magnitude  and  their  basis.  As  these 
titles  suggest,  the  book  is  more  than  a  mere  discussion  of  the  sharv 
labor  contributes  to  human  welfare.  It  includes  tolerably  complete 
theories  of  production  and  distribution,  a  polemic  against  socialism 
and  socialistic  ideas  generally,  and,  finally,  a  social  forecast,  which  is, 
at  the  same  time,  the  moral  of  the  story.  Mr.  Malloch's  thesis,  or,  as 
an  editorial  writer  in  the  New  York  Nation  has  it,  "discovery,"  is 
that,  '*  whilst  the  immense  majority  of  the  population  of  this  country 
[Great  Britain]  produce  little  more  than  one-third  of  the  income,  a 
body  of  men  who  are  comparatively  a  mere  handful  actually  produce 
little  less  than  two-thirds  of  it."  The  "  immense  majority  "  referred 
to  are  laborers  who  earn  less  than  /"150  a  year,  while  the  "mere 
handful"  are  the  men  of  "ability"  who  earn  more  than  this  sum. 
The  ^150  is,  of  course,  used  more  as  an  illustration  than  as  a  state- 
ment of  the  exact  facts.  The  thesis  is  demonstrated  by  the  following 
line  of  reasoning.  To  clear  the  ground,  it  is  shown  that  a  per  capita 
distribution  of  the  present  national  income  would  not  change  for  the 
better,  to  any  extent,  the  condition  of  the  bulk  of  the  laboring  popula- 
tion. The  rich  would  be  despoiled  to  add  a  very  small  increment  to 
the  incomes  of  the  poor.  This  claim,  as  an  argument  against  reform- 
ers who  propose  to  remedy  social  ills  by  a  mere  redistribution  of  social 
income,  is  familiar.  It  rests  upon  the  assumption  that  such  a  redis- 
tribution of  income,  and  the  accompanying  change  in  the  character 
of  the  wants  which  will  be  able  to  command  satisfaction,  will  not  alter 
the  productive  power  of  society.  This  assumption  is,  of  coarse, 
gratuitous.  The  present  money  income  of  society  is  but  a  crude 
measure  of  the  satisfactions  and  pleasures  society  enjoys  as  a  result 
of  its  industry,  and  this  latter  is  the  real  income  of  society,  about  which 
we  must  think  in  comparing  one  social  state  with  another  social  state. 
Continuing,  Mr.  Malloch  divides  the  factors  in  production  into 
Land,  Labor,  Capital  and  Ability.  Land,  he  attempts  to  show,  is  a 
factor  of  minor  importance,  because  the  gross  rental  of  estates  in 

[769] 


ii8  Annals  of  the  American  Academy. 

Great  Britain  is  only  one-thirteenth  of  the  national  income  (p.  254). 
Capital  is  not  itself  productive,  but  owes  its  productivity  entirely  to 
the  ••  ability  "  which  directs  it.     I^abor  is,  to  be  sure,  capable  of  pro- 
ducing goods,  but  without  the  directing  supervision  of  ' '  ability  * '  its 
product  would  be  ridiculously  small.     This  is  shown  by  the  fact  that, 
**  during  the  closing  years  of  the  last  century,  the  population  of  Great 
Britain  was  about  ten  millions,  and  the  national  income  about  aj 
hundred  and  forty  million  pounds"  (p.  244),  /.  e.,  the  per  capita  pre 
ductive  power  was  fourteen  pounds  per  annum.     This,  he  assumes  foi 
the  sake  of  argument,  was  due  altogether  to  labor.     "It  is  obvioi 
that  labor  did  not  produce  more,  for  no  more  was  produced  ;  and  it  is 
also  obvious  that  if,  since  that  time,  it  had  never  been  assisted  andl 
never  controlled  by  ability,  the  same  amount  of  labor  would  produce' 
no  more"  (p.  245).      The  present  per  capita  income  or  productive 
power  is  thirty-two  pounds  (p.  29),  or  more  than  twice  what  it  was  one 
hundred  years  ago.     This  per  capita  addition  of  eighteen  pounds,  he 
believes,  is  to  be  ascribed  altogether  to  the  productive  factor,  "ability." 
It  would  require  too  much  space  to  point  out  in  detail  the  weaknesses 
in  his  argument.     He  believes,  in  the  case  of  land,  that  rent  is  an 
accurate  measure  of  the  part  it  contributes  to  production,  yet  he 
admits  that  labor  is  able  to  encroach  upon  ability,  and  obtain  more  than 
it  produces.     May  it  not  also  encroach  upon  land  ?    Is  land,  in  the 
sense  of  agricultural  land,  the  only  other  factor  in  production  besides 
labor,  ability  and  capital  ?    What  about  natural  forces  ?    Because  their] 
contribution  to  the  productive  power  of  society  is  gratuitous,  is  no- J 
account  to  be  taken  of  it,  and  is  it  to  be  boldly  assumed  that  what  1 
crude  labor  does  not  produce  must  be  ascribed  to  ability  ?    But  the^ 
capital  fault  of  Mr.  Malloch  is  to  talk  about  labor  and  ability  as  if  they 
were  quite  separate  and  distinct  phenomena.     In  this  industrial  world 
there  is  no  such  thing  as  labor  unassociated  with  ability.     Even  the^ 
roughest  farmhand  directs  his  efforts  by  his  intelligence,  and  what  he^ 
does  differs  only  in  degree  from  the  task  performed  by  the  most  accom- 
plished railroad  manager.     And  yet  there  is  no  objection  to  treating 
labor-force  and  intelligence  as  two  distinct  factors  in  production,  and 
I,  for  one,  agree  with  Mr.  Malloch  in  regarding  this  as  a  desirable 
mode  of  classification.      The  objection  arises  only  when  labor-force 
is  assumed  to  be  the  only  contribution  made  by  the  laboring  classes  to 
the  productive  power  of  society.      In  other  words,  to  assume  that, 
because  labor-force  can  be  said  to  contribute  only  a  certain  amount  to 
the  income  of  society,  laborers  contribute  only  that  amount,  is  as 
absurd  as  the  other  tacit  assumption  of  Mr.  Malloch  that,  because  the 
combustible  and  heat-giving  properties  of  certain  forms  of  matter  are 
familiar  to  every  civilized  human  being,  and  can  be  utilized  by  each 

[770] 


SoziALE  KXmpfe  vor  dreihundert  Jahren.     119 

one  at  a  very  slight  expense,  these  properties  do  not  contribute  to  the 
welfare  of  society  except  in  proportion  to  the  expense  their  utilization 
necessitates. 

And  yet,  with  all  its  faults  of  exaggeration  and  suppreMkm,  Mr. 
Malloch's  book  contains  many  suggestive  ideas,  and  shows  a  mind  not 
debauched  by  a  too  reverent  study  of  the  standard  writers  on  political 
economy.  There  is  a  freshness  about  his  manner  of  treating  some 
aspects  of  the  problems  of  production  and  distribntion  that  makca 
even  his  reckless  flinging  of  statistics  palatable.  For  the  rest,  the 
tone  of  the  book  is  exceedingly  conservative,  though  the  author's  style 
Is  characteristically  radical,  and  the  conclusions  arrived  at  for  the 
guidance  of  the  laboring  class,  to  which  the  book  appeals,  are  at  once 
aympathetic  and  sound. 

HSNRV  R.  SBACHH. 

University  of  Pennsylvania. 


Soziale  K^mpfe  vor  dreihundert  Jahren.    Von  Bruno  Scbobitlaubb. 

Leipzig  :  Duncker  und  Humblot,  1894. 

So  long  as  we  still  possess  no  comprehensive  economic  history, 
fragments  are  very  welcome.  We  have  a  particularly  valuable  contri- 
bution to  a  future  economic  history  in  the  present  study  by  Schoen- 
laube.  It  leads  us  into  the  heart  of  the  struggles  which  took  place  in 
mediaeval  Nuremberg  between  masters  and  journeymen,  struggles 
which  present  a  prelude  to  the  present  conflict  between  the  proletariat 
and  employers.  The  description  of  the  condition  of  the  craAs  in 
Nuremberg  is  especially  of  great  interest,  because  there  were  no  guilds 
in  that  city  and  the  craftsmen  were  subordinated  to  the  municipal 
control,  then  in  the  hands  of  the  merchant  princes.  The  author 
shows  us  the  different  stages  through  which  the  joomeyman^labor 
movement  passed — the  period  of  its  early  struggles,  of  its  greateit 
success  and  of  its  decline.  Tlie  town  council  of  Nuremberg  opposed 
the  first  efforts  of  the  journeyman  class  to  stand  on  their  own  feet  and, 
by  independent  unions,  to  resist  the  oppressi\*e  economic  ascendency 
of  their  masters.  Nevertheless,  the  movement  grew  atiompei  and 
stronger,  and  in  the  first  half  of  the  sixteenth  century  H  reached  its 
highest  development.  The  joumejrman  organizations  tried  to  regulate 
the  working  day,  wages,  and  the  adjustment  of  labor  matters.  The 
public  authorities  took  steps  against  the  movement,  at  first  to  no  pur* 
pose,  afterward  only  with  the  result  that  a  compromise  was  effected, 
according  to  which  the  journeyman  organizations  were  tolerated  but 
were  placed  under  a  journeyman  commission  which  was  ratified  by 
the  police  and  supervised  by  the  Town  Council.  The  author  tells  in 
an  intensely  interesting  manner  how  the  social  conditions  in  the 

[771] 


I20  ANNAI3   OF  THK   AMERICAN  ACAD^MY. 

crafts  developed  under  these  regulations,  till  the  decay  of  the  trades 
in  general  ensued  at  the  time  of  the  decline  of  Nuremberg  in  conse- 
quence of  the  effects  of  the  Thirty  Years'  War. 

Kari,  Dishi,. 
[Translated  from  the  German  by  Bllkn  C.  Sbmplb.] 


Jin  Introduction  to  the  Study  of  Society.  By  Ai^bion  W.  Smai^i,  and 
George  E.  Vincent.  Pp.  384.  Price  |i.8o.  New  York  and  Chi- 
cago :  American  Book  Company,  1894. 

It  is  but  fair  when  judging  a  new  book  on  sociology  to  recall  the 
circumstances  under  which  at  present  such  a  book  must  be  written. 
The  subject  is  new  to  science,  and  confessedly  the  most  diflScult  with 
which  science  can  deal.  The  data  are  scattered  and  often  almost  inac- 
cessible. The  literature  is  tentative  and  erratic,  providing  as  yet  no  ade- 
quate traditions  to  give  direction  to  farther  study.  Social  prejudices, 
^eep  and  far  reaching,  make  society  intolerant  of  frank  utterance,  and 
tend  to  distort  the  observer's  perspective.  I^ast,  but  not  least,  a  sud- 
den and  somewhat  unintelligent  demand  for  books  in  this  line  creates 
a  scramble  to  be  first  in  the  field  to  the  neglect  of  care  and  thorough- 
ness.    Such  conditions  seldom  produce  good  books,  never  the  best. 

It  is  suflScient  proof  of  the  inchoate  condition  of  the  science  that  we 
open  such  a  book  first  of  all  with  the  question,  how  does  it  define  its* 
subject  ?   What  is  sociology  anyway  ?  Is  it  the  science  of  pauperism  and 
crime,  or  the  science  of  socialism,  or  the  science  of  goody-goodyism, 
or  the  science  of  fundamental  social  forces,  or  the  science  of  all  social ' 
phenomena  ?    The  answer  to  this  important  question  is  found  in  the' 
first  of  the  five  "  books '  *  into  which  the  work  is  divided.    '  *  The  primary 
function  of  sociology  at  present  is  the  correlation  of  existing  knowledgfC' 
about  society.  ...  It  is  quite  possible  that  the  division  of  labor  in  soci- 
ology will  eventually  become  so  systematized  that  the  function  of 
sociology  will  be  restricted  within  more  precise  limits.     At  present  a 
miscellaneous  responsibility  confronts  students  who  regard  society  phil- ' 
osophically.     Such  students  are  in  the  ranks  of  all  the  social  sciences. 
Sociology  is  enlisting  from  this  number  recruits  for  the  special  work 
<of  organizing  social  knowledge  of  all  kinds  into  a  body  of  wisdom 
available  as  a  basis  of  deliberate  social  procedure."     Under  such  a 
definition  the  author  will  hardly  find  himself  straitened  for  lack 
■either  of  latitude  or  elasticity.     A  farther  chapter  on  the  relation  of 
sociology  to  social  reforms  contains  a  number  of  statements  which 
must  be  taken  as  amplifjdng  if  not  more  exactly  defining  the  author's 
ideas.      Such  are  the   following :    "  Sociology  is  a  protest  against 
quackery  ;  "  ♦*  it  is  not  a  pastime  for  amateurs  ;  "  "  it  is  not  a  synonym 

[772] 


An  Introduction  to  the  Study  of  Society.    12  i 

for  socialism  ;  "  "  it  is  not  a  champion  of  class  interests ;  "  "it  is  the  ally 
of  any  class  temporarily  at  a  disadvantage  ;  "  "  it  is  not  primarily  con- 
cerned with  the  helpless  elements  of  society  ;  "  and,  finally,  "  sociology 
is  the  scientific  counterpart  of  characteristic  popular  convictions."  I 
have  preferred  to  quote  at  some  length  the  author's  definition  rather 
than  attempt  the  difficult  task  of  restatement  or  interpretation. 

Book  I  closes  with  a  chapter  which  says  that  society  is  an  organism 
and  develops  the  familiar  biological  analogies. 

I  hesitate  to  express  my  opinion  of  this  book,  but  a  review  without 
criticism  is  but  a  poorer  table  of  contents.  This  first  part  is  not  rac- 
cessful.  The  writer  has  plainly  succimibed  to  the  difficulties  and 
temptations  mentioned  at  the  outset.  The  vast  tlirong  of  social  phe- 
nomena over  which  this  broadly  defined  science  claims  jurisdiction  is 
not  marshaled  with  the  discipline  of  orderly  thought,  but  harassed 
with  random  statements  and  fragmentary  definitions.  The  writer's 
conviction  that  "  a  miscellaneous  responsibility  confronts  "  him  in  his 
efforts  to  "regard  society  philosophically  "  is  too  apparent  There  is, 
farther,  altogether  too  much  anxiety  as  to  what  people  may  think 
about  it  and  what  amateurs  may  do  about  it ;  fears  lest  the  masses 
should  think  sociology  unsympathetic  and  the  classes  should  think  it 
revolutionary.  Science,  like  virtue,  must  be  self-forgetting  if  it  would 
prosper.  Too  much  of  an  effort  to  be  all  things  to  all  men  may  pre- 
vent our  being  much  of  anything  to  anybody.  Withal,  the  style  can 
hardly  be  called  felicitous.  The  sentences  are  involved  and  cumber- 
some, and  there  is  a  suggestion  that  the  author  places  too  great  confi- 
dence in  the  scientific  value  of  mere  terminology.  It  is  possible  that 
the  author  is  somewhat  conscious  of  these  defects,  for  he  adds  that 
"  Book  I  may  be  omitted  by  the  least  mature  students,"  a  pennission 
which  is  perhaps  unduly  restricted. 

Book  II  describes  the' development  of  a  Western  city,  apparenUy  in 
Kansas,  from  the  advent  of  the  first  settler  till  it  has  5000  inhabiUnts. 
In  contrast  with  Book  I,  this  is  well  written.  The  style  U  simple. 
clear  and  direct,  and  the  treatment  systematic  The  only  question  is 
as  to  the  utility  of  such  a  description. 

It  is  styled  "The  Natural  History  of  a  Society,"  which  it  is  not 
While  "an  attempt  to  describe  a  truly  typical  society  is  distincUy 
disclaimed,"  it  purports  to  be  a  study  in  social  evolution.  It  is  pri- 
marily only  a  study  in  colonization.  The  society  of  this  mushroom 
city  was  all  made  in  the  East  and  shipped  West  in  the  knockdown, 
where  it  is  merely  put  together.  This  last  process  no  more  explains 
the  true  origin  and  development  of  the  society  than  the  putting  to- 
gether of  a  factory-made  building  explains  the  evolution  of  archi- 
tecture.    If  the  intention  was  merely  to  make  a  sUtic  study,  using 

[773] 


122  Annates  of  the  American  Academy. 

this  pseudo-development  only  for  purposes  of  clearer  description,  the 
method  may  perhaps  be  allowable,  though  involving  dangerous  im- 
plications. All  will  admit  the  importance  of  cultivating  the  habit  of 
observation,  but  even  this  habit  is  worth  little  if  combined  with 
erratic  or  superficial  interpretation. 

The  three  remaining  books  are  on  Social  Anatomy,  Social  Physi- 
ology and  Pathology,  and  Social  Psychology,  respectively.     The  last  i 
perhaps  the  best  of  the  three.     Altogether  they  are  but  an  exhaustr 
statement  of  the  analogy  between  the  social  and  the  biological  oi 
ganism.     It  would  be  hard  to  demonstrate  more  effectually  the  wo: 
lessness  of  that  analogy  as  constituting  the  substance  of  a  science  o: 
society.*    Whether  or  not  society  is  an  organism  is  a  question  that  has 
been  widely  and  idly  discussed.     So  long  as  the  disputants  can  beg 
the  question  either  way  by  the  definition  which  they  assume  of  the 
word  organism,  the  discussion  only  diverts  attention  from  the  real 
study  of  social  phenomena  to  that  of  their  familiar  biological  counter- 
parts.    While  freely  admitting  that  society  is  an  organism  in  some 
fair  use  of  the  term,  it  cannot  be  too  strongly  insisted  that  a  science 
of  society  cannot  be  constructed  out  of  vague  biological  images.    The 
organism  theory  is  a  nuisance  if  it  betrays  us  into  such  an  attempt. 
Of  what  possible  use  is  it  to  be  told  that  * '  the  country  storekeeper  i 
a  communicating  cell,"  that  *'the  lookout  at  sea  is  an  end  organ,* 
and  that  the  person  who  repeats  and  exaggerates  a  rumor  has  * '  ac 
as  both  communicating  cell  and  end  organ  ?  "    To  re-clothe  the  com- 
monplaces  of  life  with  a  fantastic  terminology  borrowed  from  a  di 
ferent  science,  and  based  on  somewhat  gratuitous  analogies,  will  no^ 
make  them  the  less  commonplace.     It  is  true   that  sociology,  lik* 
geology,  begins  with  commonplaces,  but  it  must  not  end  with  the 
True  science  reveals  new  facts  and  relations,  instead  of  merely 
naming  those  already  familiar. 

I  am  sorry  to  pass  unfavorable  judgment  on  this  book.  Never  h 
fore  was  a  science  so  welcomed  by  anticipation,  so  **  seen  and  greet 
from  afar."  The  demand  for  a  text-book  suitable  for  college  use  i 
widespread  and  intense,  and  even  an  unsatisfactory  contribution  wi! 
be  welcomed  by  multitudes  of  earnest  students.  At  such  a  time  cri 
cism  will  seem  ungracious,  but  it  is  precisely  at  such  a  time  that 
protest  is  called  for  against  superficial  and  misleading  methods.  I 
competition  with  good  books  a  poor  book  may  usually  be  trusted  to 
to  its  own  place,  but  with  an  eager  demand  and  no  competitors,  i 

•  In  view  of  the  gfreat  similarity  between  some  of  the  views  here  expressed  and 
certain  utterances  at  the  recent  meeting  of  the  American  Economic  Association 
in  New  York,  I  may  be  permitted  to  say  that  the  review  as  it  now  stands  was  in 
the  hands  of  the  printer  at  the  time  of  that  meeting. 

[774] 


The  Philosophy  op  Teaching.  123 

may  work  tie  mischief  of  inducing  a  popular  reaction  and  deepening 
ezidting  skepticism.  To  those  who  beheve  that  sociology  haa  po«i. 
bilities  greater  than  those  of  any  other  science,  and  who  hope  noon  to 
aee  it  accorded  a  pre-eminent  position  in  all  higher  institutions  of 
learning,  an  unfortunate  publication  at  a  critical  moment  cannot  but 
be  a  matter  for  regret.  The  result  of  this  headlong  haste  to  be  first  is 
never  a  science — only  a  book.  There  must  certainly  be  a  sdeoce  of 
sociology,  but  it  will  not  come  in  a  day,  and  its  advent  will  be  hast- 
ened more  by  the  moderation  and  self-restraint  than  by  the  impeta- 
osity  of  its  devotees.  H.  H.  PowBBA. 

Tk^  Pliilosophy  of  Teaching.    By  Arnold  Tompkins.    Pp.  xii,  2801 

Price,  85  cents.     Boston  :  Ginn  &  Co.,  1894. 

This  is  so  remarkable  a  production  that  it  merits  aerioos  attention 
when  ordinary  works  on  education  deserve  no  notice.  Many  valuable 
contributions  are  now  being  made  to  the  solution  of  the  edocational 
problem.  Many  of  these  betray,  however,  the  crude  stage  of  thought 
in  which  the  problem  is ;  they  are  often  choppy  ;  their  authors  write 
well  on  topics  but  do  not  develop  subjects.  Often  these  works  are 
made  up  of  valuable  and  interesting  parts,  but  all  the  parts  do  not 
make  a  consistent  whole.  In  these  respects  the  *'  Philosophy  of 
Teaching  "  stands  in  striking  contrast  with  most  of  its  predecessors ;  it 
is  a  faultless  piece  of  organized  knowledge,  and  on  this  aocoont  alone 
deserves  to  be  studied  by  all  persons  who  aspire  to  sjrstematic  think- 
ing. One  central  movement  runs  through  the  whole  work  and  drawi 
the  multitude  of  details  into  unity. 

The  introduction  discriminates  between  the  science  and  the  phi- 
losophy of  teaching.  This  discussion  discovers  that  **  the  philosophy  of 
teaching  as  distinguished  from  the  science  gives  distinct  emphasis  to 
the  universal  element  ...  It  is  the  explanation  of  the  teaching 
process  by  means  of  universal  law."  The  great  working  value  of  law 
and  principle  in  the  details  of  teaching  is  indicated  by  the  following: 
"The  teacher  who  is  conscious  only  of  tlie  individual  process  before 
him  is  on  the  lowest  plane  of  unskilled  labor;  he  is  the  slave  of 
recipes  and  devices.  .  .  .  The  highest  plane  is  that  in  which 
universal  law  guides  the  hand  and  inspires  the  heart."  The  first 
quotation  seems  to  have  been  the  intellectual  ideal  that  beckoned  the 
author,  while  the  second  indicates  the  motive  that  inspired  him.  No 
book  can  be  written  with  the  sustained  vigor  of  this  one  unless  the 
author  is  living  under  the  pressure  of  some  great  idea  and  is  moved 
by  some  worthy  motive. 

Logically  the  analjrsis  of  the  teaching  process  follows.  In  my 
judgment  the  equal  of  this  portion  of  the  work  has  never  been  written. 

[775] 


i 


124  Annai^  of  thk  American  Academy. 

No  other  writer  has  ever  set  forth  with  equal  strength  and  clearness 
the  organic  elements  involved  in  the  process  of  teaching.  This  sec- 
tion of  the  work  will  be  a  revelation  to  many  old  veterans  and  will 
make  them  long  for  youthful  days  in  which  to  renew  the  contest. 
Two  model  lessons  illustrating  the  doctrines  set  forth  close  this  section. 

Naturally  the  next  subject  is  the  aim  in  teaching,  for  since  teaching 
is  shown  to  be  a  conscious  process  it  must  have  an  aim.  Under 
head  are  developed  :  Diversity  of  Aims  ;  Aim  found  in  the  Nature 
Life  ;  and  Unification  of  Aims.  The  conclusion  reached  is  that  the 
aim  of  teaching  must  be  identical  with  the  true  aim  of  life,  and  this 
the  soul's  highest  and  best  growth.  It  is,  therefore,  rightly  insisted 
that  the  teacher  mUvSt  be  conscious,  in  teaching  the  various  subjects, 
what  powers  of  mind  and  heart  are  being  stimulated.  It  follows  that 
the  next  phase  of  the  discussion  must  concern  itself  with  method  in 
teaching — the  process  by  which  the  purpose  of  teaching  is  realized. 
The  topics  under  Method  are :  The  Universal  Law,  with  its  subordi- 
nate points  ;  the  Two  Organic  Phases  of  the  Process,  the  Two  Factors 
in  the  Process,  the  Ultimate  Ground  of  Unity  and  the  Law  of  Uni 
Specific  Phases  of  the  Law,  with  its  subordinate  topics — Thinking 
Individual  and  Thinking  the  General ;  and  the  Process  as  a  Complex 
Whole  with  its  sub-points — the  Objective  Factor,  the  Subjective 
Factor,  and  the  Problems  Solved  by  the  Law. 

The  discussion  of  the  above  topics  presents  a  striking  illustration 
how  philosophy  made  concrete  may  become  the  handmaid  of  evi 
teacher  however  elementary  his  work.     The  portion  of  the  work 
Thinking  the  Individual  and  the  General,  deserves  to  be  separat 
printed  for  use  in  colleges  where  students,  by  trying  to  master  foi 
logic,  fail  to  become  logicians. 

Finally,  it  may  be  confidently  predicted  that,  since  the  work 
conceived  and  executed  on  so  high  a  plane,  and  since  the  proble 
attacked  and  solved  are  so  vital,  the  **  Philosophy  of  Teaching 
occupy  the  very  front  rank  among  pedagogical  writings. 

W.  H.  Mace 


:ors     J 


Die  Arbeits-verfassung  der  englischen  Kolonien  in  Nordameriki 
Von  A.  Sartorius  Freiherrn  von  Wai^tershauskn.    pp.  233 
Price,  6  marks.     Strassburg  :  Karl  J.  Triibner,  1894. 
It  is  somewhat  strange  that  the  first  general  study  of  any  conside 
able  period  of  the  economic  history  of  America  should  come  from  a 
man  writer.    The  attention  of  most  of  our  historians  has  been  direct 
either  to  mere  narrative  history  of  the  country  or  to  constitutional 
and  political  studies  of  especially  critical  periods.     Thus,  the  whole 

[776] 


Die  Arbeits-verpassung.  125 

field  of  our  economic  life  has  been  left  unworked  Within  the  last 
few  years  a  change  has  become  visible;  economic  conditions  have 
been  more  considered  in  general  histories,  worthy  studies  have  ap- 
peared from  time  to  time  of  landholding,  labor  conditions,  slaver^-,  or 
trade  in  some  one  section  of  the  country.  This  essay,  however,  is 
broader  in  its  field,  and  gives  a  general  description  of  the  organiza- 
tion of  labor  in  all  the  colonies  which  later  became  the  United  States. 
The  sources  were  found  in  some  two  or  three  German  University 
libraries,  and  in  the  British  Museum.  The  mass  of  printed  material 
which  the  industry  of  the  author  has  discovered  in  these  libraries  and 
from  which  he  has  drawn  his  information,  indicates  the  possibilities 
for  American  economic  history  when  the  contents  of  our  own  libraries 
and  manuscript  sources  come  eventually  to  be  utilized  in  its  study. 

The  work  begins  with  a  description  of  the  characteristics  of  the 
agriculture  and  system  of  landholding  of  each  of  the  sections  of  the 
country.  On  the  requirements  of  these  the  organization  of  labor  was 
based.  There  was  an  inveterate  tendency  of  immigrants  to  rise 
rapidly  into  independent  small  farmers,  owning  their  land.  But  this 
tendency  was  prejudicial  to  the  larger  farmers,  who  would  thus  find  no 
class  from  which  to  draw  their  laborers.  Under  these  circumstances* 
it  was  necessary  that  forms  of  labor  should  be  found  which  would  be 
permanently  at  the  disposal  of  the  employing  farmers.  Yet  the  con- 
ditions were  not  such  as  to  make  a  serf  or  a  cotter  class  a  possibility. 
The  cheap  land,  the  ever  attractive  frontier,  militated  against  a  per- 
manently subordinate  agricultural  class,  while  the  instinctive  realiza- 
tion by  the  ruling  classes  of  the  colonists  that  they  must  not  make 
immigration  unattractive  to  the  masses  of  Europe,  checked  any  ten- 
dency to  praedial  slavery.  Under  the  influence  of  these  causes  four 
kinds  of  servitude  came  into  existence,  first,  temporary  bound  service, 
especially  of  those  who  thus  repaid  their  passage  money,  frequently 
known  as  *'  redemptioners ;"  second,  free  service  for  wages  ;  third,  com- 
pulsory labor  of  criminals  ;  and  fourth,  slavery  of  African  negroes  and 
of  the  native  Indians.  All  these  forms  of  labor  existed  in  all  the  colo- 
nies though  in  vastly  diflferent  proportions.  In  a  series  of  admirable 
chapters,  Professor  von  Waltershausen  then  describes  the  legal  char- 
acter, the  extent,  the  sources,  and  peculiarities  of  each  of  these  forms 
of  organization  of  labor  in  the  parts  of  the  country  where  each  was 
most  prevalent.  In  the  case  of  temporary  bound  servitude,  compul- 
sory service  of  offenders,  Indian  slavery  and  negro  slavery  in  New  Eng- 
land and  the  Middle  States,  the  author  has  found  it  possible  to  trace  their 
disappearance  or  great  diminution  without  passing  beyond  the  limits 
of  the  colonial  period.  The  other  forms  of  labor  gradually  superseded 
these,  each  in  the  part  of  the  country  which  was  appropriate  to  it 

[777] 


126  Annai^  of  the  American  Academy. 

Of  these  classes  of  laborers  the  Indian  slaves  are  perhaps  most  gen- 
erally unfamiliar  to  us  now.  It  is  pointed  out  that  the  English  settlers, 
in  contrast  to  the  Spanish  conquerors  of  the  more  southern  regions, 
did  not  deliberately  enslave  the  natives.  On  the  contrary,  the  prop- 
erty, the  personal  liberty  and  even  certain  civil  rights  were  acknowl- 
edged in  the  case  of  friendly  Indian  tribes,  and  only  after  war  were 
they  treated  according  to  old  traditions  of  relations  with  barbarians, 
and  reduced  to  personal  slavery.  Every  successful  war  with  the 
Indians,  however,  created  a  body  of  Indian  slaves,  children  born  from 
Indian  slave  mothers  retained  the  same  status  and  they  were  frequently 
bought  from  friendly  tribes  of  Indians,  who  had  previously  enslaved 
them  when  captured  in  their  own  inter-tribal  wars.  The  prevalence 
of  this  form  of  slavery  is  proved  not  only  by  direct  contemporary 
statements,  but  by  regulative  or  restrictive  acts  in  every  one  of  the 
colonies.  Nevertheless,  it  was  never  of  an  extent  comparable  to  the 
dimensions  of  negro  slavery.  The  Indians,  accustomed  to  an  irreg- 
ular life  of  hunting  and  warfare,  made  but  poor  servants  in  agriculture, 
the  native  population  was  everywhere  thin,  the  Indian  loved  liberty,  | 
even  to  the  extent  of  isolation,  as  much  as  the  African  loved  com-  j 
panionship ;  and  the  more  influential  Indian  chiefs  set  themselves 
strongly  against  any  slave  trade.  In  the  eighteenth  century  many  of 
the  Northern  States,  led  by  Pennsylvania  in  1700,  prohibited  the 
importation  of  Indian  slaves,  but  the  abolition  of  the  system  cam^^J 
only  with  that  of  negro  slavery.  In  the  Carolinas  it  formed  an  el<^H| 
ment  in  the  general  body  of  slaves  down  to  the  middle  of  this  century, 
and  even  still  half-breed  negroes  and  Indians  are  met  with  frequently. 

The  African  slave  trade,  the  economic  position  of  slavery,  legislation 
on  the  subject,  treatment  of  slaves  by  their  masters  and  the  abolition 
of  the  institution  in  the  Northern  and  Central  States  are  described  with 
fullness  and  interest.  The  clearness  and  breadth  of  treatment  are 
probably  largely  due  to  Professor  von  Waltershausen's  position  as  a 
foreigner,  a  man  of  wide  knowledge  and  a  student  of  economic 
principles  as  well  as  of  economic  history.  One  can  only  hope  that  the 
same  spirit  of  keen  interest,  earnest  inquiry  and  dispassionate  judg- 
ment may  be  applied  by  our  own  students  to  this  and  other  fields  of 
American  Economic  History.  E.  P.  Chkynsy. 

University  of  Pennsylvania. 


Cartier  to  Frontenac:  Geographical  Discovery  in  the  Interior  of 
North  America  in  its  Historical  Relations,  1534-1700.  With  full 
cartographical  illustrations  from  contemporary  sources.  By  Justin 
WiNSOR.  Pp.  viii,  366.  Price,  I4.00.  Boston  :  Houghton,  MiflSin 
&  Co.,  1894. 

[778] 


Cartier  to  Frontenac.  127 

Modem  histories  are  accepting  Schleiermacher's  dictum  that  history 
is  written  in  the  air  unless  geography  is  made  its  basis.  In  a  hand- 
tome  octavo  volume  which  reminds  us  of  his  ••  Christopher  Columbtis," 
Mr.  Winsor  has  sketched  two  centuries  of  progress  in  map-making 
and  in  the  knowledge  of  the  North  American  interior  as  reached  thn>ttgh 
the  continental  waterways  of  tlie  St  Lawrence  and  the  Mississippi.  A 
novel  ar.d  effective  device  in  cover  decoration  reveals  at  a  glance  the 
advance  in  discovery  witnessed  by  this  period.  Side  by  side  arc  placed 
reproductions  of  the  maps  of  Sylvanus,  151 1,  and  of  Frauguelin,  1684. 
In  the  first  nothing  of  the  North  American  continent  appears  except 
the  coast  line  of  a  square  gulf  to  tlie  west  of  Newfoundland.  Before 
the  second  map  is  drawn,  the  St  Lawrence  unfolds  itself,  the  Great 
Lakes  are  all  disclosed,  the  narrow  portages  are  crossed,  and  the  eager 
explorer's  canoe  is  borne  on  to  the  southern  Gulf.  Such  is  the  period 
of  splendid  achievement  with  which  this  volume  deals. 

The  most  valuable  feature  of  the  book  is  the  large  and  well-choten 
collection  of  reproductions  of  contemporary  maps,  in  which  step  by 
step  the  erratic  progress  of  discovery  is  reflected.  It  is  to  be  r^pnetted 
that,  in  the  heroic  reduction  which  has  been  necessary  to  adapt  these 
old  maps  to  the  pages  of  the  modern  volume,  not  a  few  of  them  have 
become  blurred  and  indistinct  In  these  maps  and  in  the  narrative 
nothing  is  more  striking  than  the  persistent  expectation  that  some 
short  waterway  was  to  be  found  to  Cathay.  It  was  this  that  inspired 
Cartier's  voyages  ;  Champlain  cherished  the  same  hope,  and  La  Salle 
a  century  later  bases  his  plea  for  royal  patronage  on  the  advantages 
which  would  accrue  to  France  from  the  opening  up  of  a  short  route  to 
the  wealth  of  the  Orient. 

In  setting  forth  the  progress  of  discovery  Mr.  Winsor  has  been 
laboriously  critical  both  of  sources  and  of  secondary  writings.  In  a 
book  where  one  page  in  every  three  presents  a  reproduction  of  some 
old  map  requiring  critical  comments,  a  sprightly  flowing  style  coold 
hardly  be  expected.  Yet  it  is  often  beneath  a  mass  of  unessential 
facts  and  of  superfluous  dates  that  interest  is  crushed.  Mr.  Winaor 
scorns  such  popular  devices  as  summaries.  If  the  reader  wonld  learn 
what  Cartier  or  Champlain  stands  for,  he  must  wade. 

For  character  sketching  the  writer  finds  little  time.  We  are  given 
curt  descriptions  of  the  principal  explorers,  but  in  few  cases  do  we  get 
at  all  acquainted  with  them.  Occasionally  .«*ome  exceptionally  impor- 
tant  discovery  n rouses  the  narrator's  enthusiasm,  and  then  for  a  few 
pages  the  explorer  lives.  With  the  Recollects  and  Jesuits  as  mis- 
sionaries  Mr.  Winsor  has  little  concern,  and,  it  may  be  added,  as 
little  sympathy,  since  most  of  his  references  to  their  work  among  the 
Indians  are  disparaging.     The  fur  trade  as  a  help  and  as  a  hindrance 

[779] 


128  Annai^  of  thk  American  Acade:my. 

to  scientific  exploration  is  interestingly  treated,  and  here  and  there 
are  scattered  incisive  comments  on  the  differences  between  the  English 
and  the  French  as  colonizers,  and  the  reasons,  both  of  physical 
geography  and  of  government  policy  which  brought  it  about  that  at 
the  close  of  the  seventeenth  century  Canada  was  still  a  charge  to  the 
French  crown.  Not  less  interesting  is  the  tracing  of  the  dealings  of 
the  French  with  the  Indians,  and  especially  with  the  Iroquois  from  the 
time  when  Champlain  first  aroused  their  enmity. 

In  "Cartier  to  Frontenac"  with  its  hundred  maps  maybe  traced 
more  satisfactorily  than  in  any  other  volume  the  opening  up  of  a 
great  continent  to  European  knowledge.  The  book  does  not  purport 
to  be  a  history  of  the  period,  nor  should  it  be  criticised  as  such.  Yet 
the  reader  will  feel  that  the  wealth  of  "historical  relations"  might 
have  been  placed  before  him  with  much  more  interest  and  impressive- 
ness  without  in  the  least  impairing  the  value  of  the  book  as  a  scientific 
record  of  geographical  discovery. 

George  H.  Haynes. 


SOME  WORKS  ON   ECONOMIC  AND  COMMERCIAI.  GEOGRAPHY. 

Economic  study  is  entering  an  ever-widening  field.     Not  only  are 
new  problems  in  economic  theory  being  discussed,  and  old  theories 
being  given  new  meanings,  but  practical  economic  questions  are  coi^_. 
stantly  arising  whose  intelligent  consideration  compels  the  economlj^Hl 
to  know  at  least  something  of  chemistry,  geology,  physical  and  com^' 
mercial  geography.     The  data  of  economics  are  partly  to  be  drawn 
from  psychology,   fi-om  the  study  of  man's  subjective  nature,  and 
partly  to  be  obtained  from  the  sciences  which  investigate  man's  ex- 
ternal physical  environment,  the  theatre  in  which  man  puts  forth  hi^H 
activities  to  secure  the  things  which  satisfy  human  wants.  ^hI 

Such  a  work  as  Tarr's  '  *  Economic  Geology  of  the  United  States ' '  is 
indispensable  to  the  economist.*  It  enables  the  person  who  possesses 
an  elementary  knowledge  of  geology  to  obtain  an  adequate  knowledge 
of  the  mineral  resources  of  the  United  States.  One-fiflh  of  the  book 
is  devoted  to  giving  an  outline  of  that  part  of  geology  with  which  the 
work  as  a  whole  is  concerned.  The  "rock  and  vein-forming  min- 
erals "  are  named  and  characterized  ;  the  "  rocks  of  the  earth's  crust  " 
are  briefly  discussed;  after  which  the  "physical  geography  and 
geology  of  the  United  States"  and  the  "origin  of  ore  dexx>sits"  are 

*  Economic  Geology  of  the  United  States,  with  Briefer  Mention  of  Foreign  Min- 
eral Products.  By  Ralph  S.  Tarr,  B.  S.,  F,  G.  S.  A.,  assistant  professor  of  Geology 
at  Cornell  University.  Pp.  xx,  509.  Price,  $4.00.  I/mdon  and  New  York :  Mac- 
millan  &  Co.,  1894. 

[780] 


Economic  and  Commercial  Geography.        129 

described.  Such  is  the  content  of  Part  I.  Part  II  takes  op  the  ter- 
eral  metals,  iron,  gold,  platinum,  silver,  etc.,  and  treats  them  in  a 
luflBciently  non-technical  way.  The  author  has  kept  to  the  econo- 
mist's rather  than  tlie  geologist's  point  of  view.  Thus  in  the  case  o( 
iron,  for  instance,  Professor  Tarr  has  described  the  se\'-eral  kinds  of 
ore,  told  of  their  mode  of  occurrence,  and  given  an  account  of  the 
uses,  distribution  and  production  of  iron.  In  Part  III  the  non-me- 
tallic mineral  prtxlucts  are  similarly  treated.  The  appendix  is  devoted 
to  a  full  discussion  of  the  literature  of  economic  geology.  Teachen  a( 
economic  and  industrial  history  or  of  practical  economics  will  find  the 
book  of  much  assistance. 

While  Professor  Tarr's  book  was  going  through  the  pre«  Professm 
Kemp's  valuable  work  on  *'  The  Ore  Deposits  of  the  United  States'** 
appeared.  This  book  covers  a  narrower  field  than  does  Profesior 
Tarr's  volume,  and  presents  the  subject-matter  in  a  more  detailed  and 
technical  way.  Professor  Kemp  writes  essentially  to  students  of  ge- 
ology and  mineralogy.  He  is  primarily  concerned  with  the  qaestioos 
of  the  origin  and  formation  of  metals.  Every  metal  considered  is 
fully  analyzed.  Part  I  occupies  seventy-five  pages  of  the  volnme, 
with  an  introduction  treating  of  the  general  geology  of  ore  deposits. 
The  remainder  of  the  book  is  devoted  to  a  discussion  of  the  deposits 
of  the  various  ores.  The  strongest  feature  of  tlie  book  is  its  Tcry 
complete  bibliography.  Each  chapter  is  preceded  by  a  list  of  books,  and 
authorities  are  constantly  referred  to  in  foot-notes. 

Non-technical  readers  will  not  especially  concern  themselves  with 
the  merits  of  Professor  Kemp's  classification  of  ore  deposits.  His 
classification  differs  from  Professor  Tarr's.  The  student  of  economic 
affairs  will  rather  consult  the  book  to  obtain  information  concerning 
the  mineral  resources  of  the  United  States. 

Both  Professor  Tarr  and  Professor  Kemp  acknowledge  a  debt  of 
gratitude  to  the  United  States  Geological  Survey.  The  annual  vol- 
ume on  "  Mineral  Resources  of  the  United  SUtes,"  f  edited  by  D«vid 
T.  Day,  Chief  of  Division  of  Mining  SUtistics  and  Technology,  afiofds 
the  student  of  economic  geography  a  rich  mine  of  information.  This 
and  the  nine  annual  reports  that  have  preceded  it  contain  a  wealth  of 
historical,  descriptive  and  statistical  material  furnished  to  the  gov- 
emment  by  such  authorities  as  J.  M.  Swank,  R.  E.  Preston,  Joseph 
D.  Weeks,  etc.     These  volumes  are  sold  by  the  Geological  Survey  at 


•  Ore  Deposits  of  the  United  StaUs.    By  Jambs  P.  KSMr.  A.  B  .  M.  K..  Pn>f« 
of  Geology  in  the  School  of  Mineii.  Columbia  Collefc.    Reriaed  and  enUrfcd. 
Pp.  xviii,  343.    Price,  $4.00.   New  York  :  The  Sdentlfic  Publishloff  Company.  x'k^K. 

t  Mineral  Resources  of  the   United  States,   Calendar   Year,  t99j.    By  David  T. 
Day.    Pp.  810.    GoTcrument  PrintioK  Office.  Washington,  1894. 

[781] 


130  Annals  of  the  American  Academy. 

the  nominal  price  of  fifty  cents  each,  and  ought  to  have  a  place  in  the 
library  of  every  economist. 

The  increased  attention  which  educational  institutions,  especially 
those  of  Europe,  have  of  late  years  been  giving  to  the  study  of  com- 
mercial geography  has  led  to  the  publication  of  several  text-books  on 
that  subject.     English,  French  and  German  authors  have  each  brought 
out  works  of  more  or  less  value.     In  America  only  one  work  has  a| 
peared,  "A  Commercial  Geography,"  by  John  N.  Tilden,  and  this 
fortunately  is  too  elementary  for  use  above  the  high  school.  Among  tl 
recent  works  is  the  ^'^ Manuel  de  giographie  commerciale,^^  by  Vic 
Deville.*     The  book  commences  with  a  very  brief  and  element 
discussion  of  certain  facts  of  physical  geography,  this  being  foUowe 
by  short  chapters  on  commercial  routes  and  navigation  companie 
These  chapters  comprise  only  fifty-four  pages  of  the  book.     Then  fof 
low«  the  study  of  the  commercial  geography  of  the  several  countries  i 
turn,  beginning  with  France.     Although  the  book  is  recommended  by 
the  SociSti  de  giographie  commerciale  de  Paris,  it  falls  far  short  of 
being  an  ideal  text-book.     The  work  has  but  few  maps,  and  the 
given  are  extremely  poor ;  but  what  is  a  more  vital  matter,  the 
cussion  in  this,  as  well  as  in  other  commercial  geographies,  is  oft 
little  more  than  a  running  discussion  of  commercial  and  indust 
statistics.     The  ample  use  of  statistical  material  in  the  composition 
a  text-book  on  commercial  geography  is  proper,  but  the  treatmei 
should  have  another  purpose  than  the  explanation  of  statistics.     Coi 
mercial  geography  should  be  treated  as  a  study  in  economics  ;  its 
book  should  be  written  by  one  who  knows  botany,  geology,  physic 
geography  and  the  science  of  statistics,  but  nevertheless  by  one  who  ij 
also  an  economist.     The  author's  point  of  view  should  always  be  tl 
economist's  ;  the  relationship  of  his  treatise  to  the  general  science 
economics  should  always  be  in  mind.     Such  a  book  has  not  y€ 
appeared. 

There  are,  however,  many  books  appearing  which  the  student 
commercial  geography  will  find  instructive  for  collateral  reading 
Such  a  work  is  "  The  Resources  of  Mexico,  • '  by  Hubert  H.  Bancroft,^ 
in  which  is  given  an  excellent  detailed  statement  of  the  economic  conij 
ditions  of  Mexico.     The  author  declares  the  President  of  Mexico 
have  taken  much  interest  in  the  book,  and  to  have  rendered  muc 

*  Manuel  de  giographie  commerciale^  illude  iconomique  des  diffitrentes  part 
dm.  monde  et  particulitrement  de  la  France.  Par  Victor  Devillb,  Profe 
AgT^6  au  Iyyc6e  Michelet.  Tome  i,  Pp.  418  ;  Tome  ii,  Pp.  499.  Price,  7  fr.  Blbli 
thdque  d'Enseignement  commerciale  dirigfee  par  M.  Georges  Paulet.  Parl«| 
Bcrger-I,evrault  &  Cie.,  1893. 

\  Resources  and  Development  of  Mexico.     By  Hubert  Howe  Bancroft. 
xU,  32J.    Price,  $4.50.    San  Francisco :  The  Bancroft  Company,  1894. 

[782] 


Notes.  131 

assistance  in  collection  of  the  materials  for  the  work.  This  hat 
enabled  the  author  to  present  a  complete  picture,  and  it  perhaps  goes 
far  to  explain  the  roseate  hues  with  which  the  picture  is  colOTcd. 
I^e  others  of  Mr.  Bancroft's  books,  it  is  a  product  of  the  co-operative 
effort  of  secretaries  and  assistants.  The  investigations  were  directed 
in  this  case  by  Mr.  George  H.  Morrison.  The  book  is  not  to  be  crili- 
daed  unfavorably,  however,  but  is  to  be  recommended  to  the  reader 
desirous  of  knowing  more  of  tlie  social  life  and  industrial  and  com- 
mercial conditions  of  our  neighbor  republic  The  book  is  well  illus- 
trated and  contains  three  good  maps. 

A  more  detailed  study  of  a  portion  of  a  country  is  to  be  found  in 
"The  Mountains  of  California,"  by  John  Muir,*  a  descriptive  work 
enriched  by  much  botanical  and  geological  material.  The  book  will 
appeal  most  strongly  to  the  naturalist,  but  may  also  be  profitably  read 
by  anyone  seeking  an  intimate  acquaintance  with  the  physiography 
of  California,  in  order  thereby  thoroughly  to  understand  the  natural 
resources  of  the  State. 

Among  the  especially  instructive  descriptive  books  is  the  well-known 
work  on  "  Holland,"  by  the  Italian  author,  De  Amicis,t  a  new  trans- 
lation of  which  has  recently  appeared.  The  charm  of  De  Amicis* 
style  and  the  excellence  of  his  descriptions  are  known  to  many  tour- 
ists, but  his  volumes  are  more  than  books  of  travel  for  travelers ;  they 
are  written  by  one  who  observes  the  commercial  and  industrial  life 
of  the  people  whom  he  visits,  as  well  as  takes  account  of  their  art, 
architecture  and  social  customs.  De  Amicis  has  in  lesser  degree  the 
virtues  of  Arthur  Young  and  Frederick  Law  Olmstead.  In  the  work 
on  "Holland"  the  general  economic  conditions  of  the  country  are 
quite  fully  stated.  I  know  of  no  other  book  giving  one  such  a  vivid 
picture  of  Holland.  The  opening  sketch  of  the  countrj-  as  a  whole 
and  the  subsequent  chapter  on  Friesland  seem  especially  pood,  but  the 
entire  work  will  well  repay  reading.  This  edition,  artistically  bound 
and  illustrated,  is  an  example  of  the  excellence  at  present  obtainable 
in  the  bookmaking  art  Emory  R.  Johnson 


NOTES. 

Thb  CI,ass  of  small  independent  producers— called  by  the  Germans 
Handwerker — has  received  attention  from  the  historian  and  econ- 
omist chiefly  as  the  victims  of  capitalism,  as  a  class  whoae  field  of 

•  The  Mountains  of  California.  By  John  Mcxa.  Pp.  riU,  3$i.  Price,  |i.S(».  Hew 
York  :  The  Century  Company,  1894. 

\  Holland.  By  Edmondo  De  Amicis.  Translated  from  the  thirteenth  cdltioa 
of  the  Italian  by  Helen  Zimmem.  Two  vola.  Pp.  rjy  aad  «75.  Prtoe,  t^m. 
Philadelphia  :  Porter  8t  Coates,  1894. 

[783] 


132 


Annates  of  the  American  Academy. 


operations    is    constantly    narrowing,    and    whose  fate  is,   perhaj 
ultimate  extinction.     An  interesting  account  of  the  history,  presei 
condition,  aspirations  and  prospects  of  this  still  very  large  class 
workers  in  Germany  is  given  in  a  monograph  entitled  *  'Das  Programs 
der  Handwerker,^'  Eine  gewerbepolitische  Studie*  by  Hugo  Bottge 
The  analysis  made  by  Herr  Bottger  indicates  that  too  hasty  conclt 
sions  have  been  drawn  from  the  increasing  dominance  of  the  larj 
concern  in  modern  industry,  and  the  patent  influence  of  machinei 
upon  the  Handwerker.     He  shows  that  the  class  is  holding  its  own 
far,  at  least,  as  numbers  are  concerned,  and  that  modem  industr 
processes  are  changing  but  not  destroying  the  field  for  this  kind 
work.     He  also  chronicles  the  growth  in  the  class  of  a  strong  esprit  dn 
corps  and  of  strong  organizations,  and  predicts  trouble  for  the  German| 
politicians  if  they  do  not  heed  the  demands  which  it  makes,  and 
which  it  is  preparing  to  push  with  vigor.     From  a  social  and  political 
standpoint  he  regards  this  class  as  the  bulwark  of  German  patriotism, 
and  as  a  connecting  link  between  the  social  extremes  which  must  of  ne- 
cessity be  maintained  if  the  existing  industrial  system  is  to  be  preserved. 


Thk  appearance  op  the  delayed  second  volume  of  the  revised  edi4 
tion  of  Bryce's  * 'American  Commonwealth  "  f  will  be  most  welcome 
all  persons  interested  in  social  and  political  science.     Mr.  Bryce  easilj 
holds  first  place  among  foreign  critics  of  American  institutions,  anc 
his  work  on  "The  American  Commonwealth"  proved  popular  am 
useful  to  Americans  from  the  first.    The  book  has  been  considerably  en- 
larged and  strengthened  by  the  additions.    Besides  the  increase  in  vol- 
mne  incident  to  revision,  the  work  is  lengthened  by  four  new  chapters.] 
These  chapters  are  as  valuable  as  any  that  are  to  be  found  in  the  booki. 
One  is  on  "The  Tammany  Ring,"  and  gives  an  excellent  sketch  of] 
the  history  and  workings  of  that  organization.     Another  deals  with] 
"The  Home  of  the  Nation,"  and  gives  a  " rapid  survey  of  the 
graphical  conditions  of  the  United  States,  and  of  the  influence  th< 
conditipns  have  exerted,  and  may,  so  far  as  can  be  foreseen,  continut 
to  exert  on  the  growth  of  the  nation,  its  political  and  economical  d( 
velopment."     It  detracts  little  from  this  excellent  chapter  to  find  ai 
slight  misstatement  or  two.     Mexico  is  said  to  have  ceded  us  the  south- 
western part  of  the  United  States  in  1846.     We  conquered  the  terri- 
tory that  year,  but  Mexico's  cession  came  in  1848.     The  first  Pacific 
Railroad  was  completed  in  1869,  and  not  in  1867.     Likewise,  in  view 

♦pp.  283.    Brunswick:  A.  I,imbach,  1893. 

t  The  American  Commonwealth.  By  James  Bryce.  Two  vols.,  third  edition. 
Completely  revised  throughout  with  additional  chapters.  Pp.  724  aud  900.  Price, 
^.00.    New  York  and  Ix)ndon:  Macmillan  &  Co,  1895. 

[784] 


Notes. 


«33 


of  the  fact  that  Michigan  is  the  greatest  producer  of  iron  ore,  it  is  • 
little  misleading  not  to  qualify  the  statement  that  "the  greatest  cosl 
and  iron  districts  are  in  Pennsylvania  and  Ohio,  and  along  the  line  of 
the  Alleghenies  southwards  into  Alabama."  The  other  two  new 
chapters  are  concerning  "The  South  Since  the  War"  and  "The 
Present  and  Future  of  the  Negro."  Tlie  publialiers  would  do  an  ex- 
cellent service  by  publishing  these  two  chapters  in  cheap  pamphlet 
form,  and  selling  them  widely  among  all  sections  of  the  United  Statesw 
No  fairer  and  more  suggestive  treatment  of  the  Southern  question  has 
ever  appeared. 

It  is  rare  that  a  great  lawyer  is  also  a  great  teacher,  and  probably 
no  man  combined  these  qualities  in  a  larger  degree  than  did  the  late 
Theodore  W.  Dwight,  of  Columbia  College.  It  is,  therefore,  fortunate 
that  some  of  his  best  work  as  a  teacher  was  left  in  such  form  as  to 
permit  of  publication  by  the  administrators  of  his  estate.  Profe«or 
Dwight  left  au  unfinished  manuscript  of  an  introduction  to  the  law  of 
contracts,  which  his  administrators  have  published  under  the  title, 
"Commentaries  on  the  Law  of  Persons  and  Personal  Property.*** 
The  administrators  are  to  be  congratulated  on  securing  Mr.  Rdward 
F.  Dwight  to  do  the  work  of  editing  the  manuscript.  Mr.  K.  F. 
Dwight  is  the  nephew  of  Professor  Dwight,  was  trained  tmder  his 
uncle's  teaching,  and  has  exceptional  abilities.  The  volume  bear* 
evidence  of  careful  editing. 

The  work  is  primarily  intended  for  students  of  the  law,  but  students 
of  political  science  and  economics  will  find  parts  of  tlie  book  of  excel- 
lent service.  The  first  fifth  of  the  volume  deals  with  the  sources  of 
common  and  statute  law,  and  the  rights  of  persons,  including  the  law 
applying  to  citizens  and  aliens.  This  is  all  of  value  to  the  student  of 
political  science.  Economists,  as  well  as  lawyers,  will  be  interested 
in  the  sixty -four  pages  (350-414)  given  to  the  discussion  of  corporm- 
tions.  The  work,  as  a  whole,  will  serve  as  a  convenient  reference 
book.  A  little  over  half  the  space  is  devoted  to  the  Uw  of  person* ; 
the  remainder  considers  the  law  of  personal  property. 


The  first  voi^umE  of  "Translations  and  Reprints  from  the 
Original  Sources  of  European  History, "t  being  published  by  the 

•  CommentaHes  on  the  Law  0/ Ptrsons  and  Personal  Property,  being  an  Introduc- 
tion to  the  Study  of  Contracts.  By  Tiikodork  W.  Dwiout.  Kditetf  by  Rpwaao 
F.  DwiOHT,  of  the  New  York  Bar.  Pp.  Ixil,  748.  Price,  |6.oo.  Boaton  :  Uttlc, 
firowu  &  Co.,  1894. 

t  Cf.  Annals,  January,  1895.    Page  161. 

[785] 


134  Annals  of  the  American  Academy. 

Department  of  History  of  the  University  of  Pennsylvania,  has  been 
completed  by  the  recent  appearance  of  Number  Six,  containing  *'  Eng- 
lish Constitutional  Documents."*  This  pamphlet  contains  Coronation 
Oaths  from  Ethelred  II.  to  Edward  II. ,  Charters  of  Liberties  of  Henry 
I.  and  Henry  II.,  Magna  Carta,  Confirmation  of  the  Charters,  Writs 
of  Inquisition  and  Recognition,  Assize  of  Clarendon,  Typical  Cases  of 
Royal  Courts,  Constitutions  of  Clarendon,  Writs  for  Parliament  an< 
Bill  of  Rights. 

The  probi,EM  of  how  to  take  care  of  the  poor  in  a  great  city  is  diffi^ 
cult  under  the  most  favorable  circumstances.  Since  we  have  come 
the  full  realization  of  the  fact  that  the  only  worthy  aim  of  a  system 
poor  relief  is  the  restoration  to  the  ranks  of  normal  manhood  and 
womanhood  of  those  paupers  who  are  capable  of  such  restoration,  and 
the  speedy  extinction  of  those  who  are  beyond  the  possibility  of  help, 
the  difficulty  of  the  problem  has  increased.  In  an  old  city  like 
Vienna,  burdened  with  a  system  whose  roots  go  back  far  into  the  past, 
and  forming  part  of  a  complicated  administration  system  which  is 
also  the  result  of  peculiar  historical  circumstances  the  problem  is 
doubly  difficult.  Doctor  Rudolf  Kobatsch,  in  a  brochure  on  ''Die 
Armenpfiege  in  Wien  und  ihre  Reform,'"  t  bas  carefully  analyzed  the 
conditions  in  which  the  capital  city  of  Austria  finds  herself,  and  has 
recommended  far-reaching  reforms.  His  suggestions  will  iutei 
students  of  pauperism. 


Thk   Massachusetts  "  Railroad  Commissioners'  Report"  for  the 
calendar  year   1893,    is  a   well-prepared  volume.      There  is 
amount  of  space  given  to  the  street  railway  companies.     The  volume] 
is  a  model  of  the  kind  of  work  and  of  the  class  of  material  that  such 
report  should  contain.     Tlie  map  appended  is  clear  and  on  a  lai 
scale. 


WilIvOUGHBy's  "  Public  Health  and  Demography,"  J  is  a  useful  com- 
pendium  of  information  upon  the  subject  of  hygiene  and  sanitary 
science.     While  containing  little  that  is  new  it  has  the  merit  of  beingi 
both  reliable  and  abreast  of  the  times. 

The  main  divisions  of  the  book  are  entitled  respectively  ' '  Health  of 
the  Man, "  '  *  Health  of  the  House, "  * '  Health  of  the  City, "  and  '  *  Health 
of  the  People."     A  supplementary  chapter,  headed   "Demography," 

*  Pp.  33-     Price,  twenty-five  cents.     Philadelphia,  1894. 
t  Pp  92.    Vienna  :  Manz,  1893. 

}  Hand-hook  of  Public  Health  and  Demography.  By  Edward  F.  Willoughbt, 
M.  D.    Pp.  509.    Price,  I1.50.    I/)ndon  and  New  York  :  Macmillan  &  Co.,  1893. 

[786] 


Notes.  ,35 

treats  of  population  and  vital  statistics,  pointing  oot  fallacies  that  are 
likely  to  occur  in  the  use  of  such  statistics  and  giving  roles  for  their  cor- 
rection. Another  chapter,  on  **  Meteorology, "  explains  some  climatic 
variations  and  gives  directions  for  the  measurement  of  temperature, 
humidity,  rainfall,  atmospheric  pressure  and  velocity  of  the  wind. 
The  last  chapter,  entitled  "legislation  and  Health,"  is  a  mere 
enumeration  of  the  topics  covered  by  the  English  Public  Health  Acts, 
but  it  serves  to  call  attention  to  the  increasing  scope  of  sanitary  laws, 
and  the  great  number  of  pliases  of  municipal  life  tliat  require  regula- 
tion in  the  interest  of  health. 

Under  "  Health  of  the  Man  "  chief  attention  is  given  to  dietetka. 
Numerous  tables  show  the  composition  and  qualities  of  diflTcrcnt  foodSi 
in  which  attention  is  given  to  the  proportions  usually  assimilated — a 
matter  of  no  less  importance  than  the  intrinsic  nutritive  pouer  which 
alone  is  indicated  by  the  ordinary  tables  of  chemical  composition. 
Directions  are  given  for  the  preparation  of  foods  and  the  detection  of 
adulterations,  and,  in  subsequent  pages,  the  subjects  of  clothing  and 
personal  habits  are  discussed.  "  Health  of  the  House  "  is  a  treatment 
of  the  problems  of  ventilating,  warming,  lighting  and  cleaning  the 
home.  The  discussion  is  interspersed  with  numerous  mathematical 
formulae  and  illustrations  of  modern  appliances.  The  problems  of 
water  supply  and  sewage  disposal  engross  the  chapter  on  "  Health  of 
the  City,"  while  the  chapter  on  "Health  of  the  People"  embraces  a 
classification  and  description  of  specific  diseases,  and  a  special  treat- 
ment of  the  hygiene  of  the  school  and  workshop. 

While  the  most  of  the  principles  expounded  are  of  universal  applica- 
tion the  value  of  the  work  to  American  readers  is  somewhat  lesaeacd 
by  the  exclusively  English  standpoint  which  is  apparent  in  erery 
scctionof  the  book.  That  tlie  author  is  not  familiar  with  Americas 
affairs  is  indicated  by  the  very  few  references  to  American  experience, 
in  one  of  which  he  mentions  Memphis,  Tenn.,  as  being  in  a  tropicitl 
region  and  formerly  ravaged  by  cholera. 


There  is  more  truth  in  socialism,  thinks  Professor  Ziegler,  thaa 
the  anti-socialists  are  willing  to  admit*  But,  on  the  other  hand, 
many  of  the  remedies  which  the  social  democrats  would  apply  to 
social  ills  must  fail.  Ethical  discipline  is  an  indispensable  comple- 
ment, he  thinks,  which  is  not  provided  for.     Moreover  if  there  were 

•La  Question  sociale  est  une  Question  moral*  (Die  Mclate  FT«ie  eine  rittllcbc 
FroRc),  par  Th.  Zirolbr,  Professor  de  Phllosophle  A  I'tJnltrerslU  de 
traduit  d'apr^  la  quatridme  Edition  alleniaodc  p*ir  C.  PAlAim,  1 
rhiloeophie  au  Lyc^  de  Saint-Brieuc.     Blbllolhiqtie  de  phlkMophie 
taimc.    Pp.  172.    Price,  2  fr.  50.    Paria:    F4Ilx  Alcan,  i8m. 

[787] 


136  Annai<s  of  the  American  Academy. 

such  an  ethical  training  available  as  he  thinks  it  is  our  duty  to  promot 
many  of  the  present  ills  of  society  could  be  corrected  on  the  basis 
the  present  social  order  without  recourse  to  the  reorganization  whi< 
the  social  democrats  proclaim. 

The  author  does  not  try  to  study  the  origin  and  constitution 
ethics  ;  he  does  not  inquire  what  should  be  comprised  in  a  code 
ethics  suitable  for  modern  society.  He  assumes  that  the  code 
Christian  ethics  is  generally  accepted,  shows  how  much  more  migl 
be  accomplished  through  it  than  has  been  accomplished,  and  exhoi 
men  to  practice  it  to  the  end  that  social  disorders  may  be  eliminate 
from  the  body  social.  ' '  The  individual  ought  not  simply  to  wait  in 
hope.  When  he  inquires  within  himself  what  to-morrow  shall  bring 
forth,  he  is  not  addressing  a  question  to  destiny  nor  is  the  answer  a 
matter  of  fatality.  The  question  ought  to  lead  to  a  self-examination  and 
to  the  conscientious  inquiry  :  *  what  can  I  do,  in  the  place  which  I 
occupy,  in  the  role  which  I  am  called  upon  to  fill,  to  assist  in  the 
triumph  of  the  social  spirit  ? '  " 

The  author's  social  philosophy,  so  far  as  he  unfolds  it  in  this  book, 
is  superficial.      Now  superficiality  is  not  necessarily  an  evil.     To  be 
superficial  is,  first  of  all,  to  be  incomplete,  to  lack  thoroughness  in  a 
particular  way.     The  evil  arises  from  treating  that  which  is  superficit 
as  though  it  were  thorough.     The  social  philosophy  of  the  social  demj 
ocrats  is  notoriously  incomplete  in  some  respects.     Yet  they  treat  it 
though  it  were  complete  and  Professor  Ziegler  does  not  challeng*^ 
further  than  to  add  ethics,  a  new  stone,  to  the  superstructure.      Agai 
the  social  philosophy  of  the  opponents  of  social  democracy  is  not  y€ 
thoroughly  scientific  and  complete.     One  of  several  imperfections 
that  it  is  too  exclusively  individualistic,  and  this  the  author  note 
But  for  the  rest  he  simply  shows  how  ethics,  which  is  a  part  of 
current  philosophy,  has  been  neglected.     Not  only  then  is  his  pi 
losophy  superficial,  being  incomplete,  but  it  is  misleading  because  ai 
in  so  far  as  its  incompleteness  is  ignored. 

Thus  the  value  of  a  book  depends — and  of  how  many  books  maj 
the  same  be  said — upon  the  ability  of  the  reader  to  allow  for  its  shot 
comings. 

Mr.  M.  L.  MuhIvEMAN,  United  States  Deputy  Assistant  Treasurer  in ! 
New  York,  calls  attention,  in  a  recent  note  to  the  editors,  to  a  mistake' 
in  the  foot-note  on  page  102  of  the  January  number,  in  the  paper  01 
"How  to  Save  Bimetallism."  The  statement  is  there  made  thatj 
"since  the  Act  of  1890  silver  dollars,  silver  certificates  and  treasury! 
notes  are  received  for  customs."  Mr.  Muhleman  writes  that  the  silver 
dollars  and  silver  certificates  have  been  so  received  since  1878,  the 

[788] 


Notes.  137 

so-called  Bland- Allison  law  providing;  therefor.  Mr.  Muhleman  also  Mjrt 
that  in  tlie  paper  on  **  Money  and  Bank  CrediU,"  the  paragraph  be- 
ginning at  the  bottom  of  page  75,  of  the  January  numtier,  contains  a 
misleading  statement  "The  present  legal  reserve  of  from  15  per  cent 
to  25  per  cent"  does  not,  as  one  would  be  led  to  believe  by  Mr. 
Williams,  apply  to  the  redemption  of  notes,  but  to  deposits  only.  The 
provision  for  a  bank  reser\'e  for  notes  was  abolished  by  the  Act  of  Jmie 
ao,  1874,  which  provided  for  a  5  per  cent  redemption  fund.  More- 
over, this  fund  may  be  counted  as  part  of  the  legal  reserve  to  be  held 
against  deposits. 


MISCELLANY. 


AMERICAN  ECONOMIC  ASSOCIATION. 

The  American  Economic  Association  held  its  Seventh  Annual  M< 
ing  at  New  York  City,  in  the  buildings  of  Columbia  College,  Dece 
ber  26-29,  1894.     The  ofl&cial  program,  which  was  carried  out  wit 
but  few  modifications,  was  as  follows  : 

Wednesday,  December  26 — Evening  Session,  8  p.  m. 
I.  Address  of  Welcome, 

President  Seth  Low,  Columbia  College. 
II.  Response  by  the  President  of  the  Association, 
in.  President's  Annual  Address.      "The  Modern  Appeal  to  hegei 
Forces  in  Economic  Life," 

Professor  John  B.  Ci^ark,  Amherst  College. 

Thursday,  December  27 — Morning  Session,  10  a.  m. 
I.  The  Chicago  Strike, 

Hon.  Carroi^i,  D,  Wright,  Commissioner  of  Labor. 
II,  Paris  Labor  Exchange,* 

Dr.  Samuei*  M.  Lindsay,  University  of  Pennsylvania. 

III.  The  Unemployed, 

Professor  Davis  R.  Dewey,  Mass.  Inst,  of  Technology. 
Afternoon  Session,  2.30  p.  m. 
I.  Population  and  Capital, 

Professor  Arthur  T.  Hadi^ey,  Yale  University. 
II.  Credit  Instruments  in  Retail  Trade, 

Professor  David  Kini^ey,  University  of  Illinois. 
in.  Our  Trade  with  the  East, 

Hon.  WoRTHiNGTON  C.  FoRD,  Chief  of  Bureau  of  Statistic 

IV.  The  Pope  and  the  Encyclical  on  Labor,* 

Mr.  John  Graham  Brooks,  Cambridge,  Mass. 

5  to  7  p.  m. 
Reception  to  the  Association  by  President  SETh  Low. 
Friday,  December  28— Morning  Session,  10  a.  m. 
I.  Competition  as  a  Basis  of  Economic  Theory, 

Professor  Frederick  C.  Hicks,  University  of  Missouri. 
*  Owing  to  the  illness  of  Dr.  Lindsay  his  paper  was  not  presented.    To  complete 
the  program  Mr.  Brooks'  paper  was  changed  from  the  afternoon  to  the  morning-' 
session. 

[790] 


American  Economic  Association.  139 

n.  The  Theory  of  Public  Expenditure, 

Professor  Henry  C.  Adams,  University  of  Michigan. 
III.  An  Ideally  Just  Distribution  of  the  ProducU  of  Industry, 

Professor  Thomas  N.  Carver,  Obcrlin  College. 
IV    Application  of  Theories  of  Value  to  the  Question  of  the  Standard 
of  Deferred  Payments, 

Dr.  Frank  Fetter,  Cornell  University. 

Afternoon  Session,  3  p.  m. 

I.  Statistics  as  an  Instrument  of  Investigation  in  Sociology, 

Professor  Richmond  Mayo-Smith,  Columbia  College. 
IL  The  Relation  of  Sociology  to  Economics, 

Professor  Axbion  W.  Small,  University  of  Chicago. 
Discussion  will  be  participated  in  by  Professor  S.  N.  Pattkk,  Pro- 
fessor  F.  H.  Giddings,  Professor  Walter  F.  Willcox. 

Saturday,  December  29— Morning  Session,  10  a.  m. 

I.  The  Historical  School ;  a  Retrospect, 

Professor  W.  J.  Ashley,  Harvard  University. 
II.  The  Teaching  of  Economics  in  Secondary  Schools. 

A  general  discussion  opened  by  Professor  S.  N.  Pattkn,  of  the 
University  of  Pennsylvania,  and  participated  in  by  Professor  Hbnrv 
C.  Adams,  Professor  Lindley  M.  Keasbey,  Dr.  Edward  T.  Devinb. 

In  spite  of  the  severity  of  the  weather  the  sessions  were  well  attend- 
ed, not  merely  by  members  of  the  association,  but  also  by  ontaidcn, 
who  were  interested  in  the  subjects  under  discussionr  As  is  shown  by 
the  program,  the  sessions  on  December  27  were  given  up  to  the  dis- 
cussion of  practical  problems  of  present  interest,  while  the  teacnons 
on  December  2S  were  devoted  to  a  consideration  of  more  theoretical 
questions.  This  method  of  division  proved  upon  tlie  whole  very  satis- 
factory and  suggests  the  question  whether  it  would  not  be  an  improve- 
ment in  future  to  devote  each  one  of  the  five  or  six  sessions  of  the 
meeting  to  the  consideration  of  some  particular  problem.  In  this  way 
the  attention  of  those  present  might  be  concentrated  on  one  point  and 
the  discussion  would  be  likely  to  be  more  fruitful  than  it  has  been  in 
the  past. 

The  papers  presented  were  of  an  unusually  high  standanl  of  excell- 
ence, and  those  bearing  upon  theoretical  questions  showetl  how  thor- 
oughly the  ideas  and  the  nomenclature  of  the  .so-called  newer  political 
economy  have  permeated  the  minds  of  American  studenta.  In  addi- 
tion  to  the  events  mentioned  in  the  formal  program  there  was  held 

[791] 


140  Annals  of  the  American  Academy. 

upon  the  evening  of  December  28,  a  sociological  conference  to  which 
all  of  those  especially  interested  in  the  teaching  or  study  of  sociology 
were  invited.* 

Undoubtedly  the  most  important  numbers  on  the  program  were  the 
two  formal  discussions  touching  the  relation  between  sociology  and 
economics,  and  the  teaching  of  economics  in  secondary  schools.  The 
latter  discussion  was  unfortunate  in  being  set  down  to  follow  Professor 
Ashley's  interesting  paper,  but  nevertheless  was  not  without  important 
consequences. 

As  has  always  been  the  case,  the  social  features  of  the  meetings  were 
those  which  made  the  gathering  of  especial  value  to  the  members 
present.  The  representatives  of  the  faculty  of  Columbia  College  were 
indefatigable  in  their  hospitable  efforts  to  bring  the  members  of  the 
Association  together  outside  of  the  formal  sessions.  Lunches  and  din- 
ners were  the  order  of  the  day  and  each  one  carried  away  with  him 
from  the  congress  a  feeling  of  gratitude  toward  his  hospitable  enter- 
tainers. The  meeting  was  voted  by  nearly  all  of  those  in  attendance 
the  most  successful  that  the  Association  has  yet  held ;  judged  either 
by  the  scientific  value  of  the  papers  or  by  the  number  and  quality  of 
the  members  present. 

During  the  meeting  the  Council  of  the  Association  held  sevet 
sessions.     The  officers  elected  for  the  coming  year  are  the  following] 
President,  Professor  John  B.  Clark,  Amherst  College.    Vice-President 
President  J.  H.  Canfield,  University  of  Nebraska ;  Professor  A. 
Hadley,  Yale  University  ;  Professor  George  W.  Knight,  University 
Ohio.    Secretary,  Professor  J.  W.  Jenks,  Cornell  University.   Treasui 
Mr.  F.  B.  Hawley,  New  York.    Publication  Committee,  Professor  H. 
Powers,  Smith  College,  chairman  ;  Professor  H.  C.  Adams,  Universit 
of  Michigan ;  Professor  H.  W.  Famam,  Yale  University ;    Profe 
W.  J.  Ashley,  Harvard  University ;  Professor  Davis  R.  Dewey,  Mi 
chusetts  Institute  of  Technology. 

The  following  were  elected  members  of  the  Council : 

(i)  Those  whose  terms  expire  in  1897  :  Professor  E.  W.  Bemis,  Ui 
versity  of  Chicago  ;  Mr.  Arthur  Yager ;  Mr.  G.  B.  Newcomb  ;  Pi 
fessor  E.  R.  A.  Seligman,  Columbia  College  ;  Professor  G.  W.  Knight 
University  of  Ohio ;  Professor  D.  R.  Dewey,  Massachusetts  Institut 
of  Technology ;  Professor  J,  W.  Jenks,  Cornell  University ;  Profe 
sor  W.  \V.  Folwell,  University  of  Minnesota ;  Mr.  T.  G.  Shearmi 
New  York  ;  Mr.  Stuart  Wood,  Philadelphia  ;  Professor  A.  T.  Hadle] 
Yale  University  ;  Mr.  R.  R.  Bowker  ;  Professor  George  Gunton,  Nei 
York  ;    Professor  A.  W.  Small,    University  of  Chicago  ;    Dr.  Jam< 

♦This    conference  is  treated  in  the    paper  on  "Terminology  and    the  Sock 
logical  Conference,"  by  Professor  Powers  in  the  current  number  of  the  Amnae.8. 

[792] 


American  Economic  Association.  141 

Uclycan,  New  York  ;  Dr.  h.  S.  Rowe,  University  of  Pennsylvania ; 
Dr.  S.  M.  Lindsay,  University  of  Pennsylvania  ;  Dr.  D.  I.  Green, 
Hartford ;  Professor  T.  N.  Carver,  Oberlin  College ;  Mr.  John  M. 
Glenn ;  Professor  Frank  Fetter,  University  of  Indiana ;  Dr.  Victor 
Rosewater,  New  York  ;  Professor  J.  A.  Looe,  University  of  Iowa ; 
and  Hon.  Rowland  Hazard.  (2)  Those  whose  terms  expire  in  1896: 
Mr.  H.  E.  Mills,  Vassar  College ;  Dr.  J.  H.  Hollander,  Johns  Hopkins 
University  ;  Dr.  Stephen  F.  Weston,  New  York  ;  and  Profeaaor  W.  M. 
Daniels,  Princeton  College.  (3)  Those  whose  terms  expire  in  1895  : 
Professor  C.  H.  Cooley,  University  of  Michigan  ;  Dr.  H.  C.  Emery, 
Bowdoin  College  ;  and  Dr.  H.  R.  Seager,  University  of  Pennsylvania. 

It  was  decided  to  hold  the  next  meeting  of  the  Association  west  of 
the  Alleghanies,  at  such  place  and  time  as  the  Executive  Council  shall 
appoint  Invitations  have  been  received  from  Ann  Arbor  on  behalf 
of  the  University  of  Michigan,  from  Minneapolis  on  behalf  of  the 
University  of  Minnesota,  from  St.  Louis  on  behalf  of  the  University 
of  Missouri  and  Washington  University,  and  from  Indianapolis  on  be- 
half of  the  Universities  of  Indiana  and  Illinois. 

In  addition  to  those  who  took  part  in  the  program,  the  following 
members  of  the  Association  were  present  at  the  meeting* :  Professor 
John  Quincy  Adams,  University  of  Pennsylvania ;  Mr.  H.  H.  Barber, 
New  York  City;  Mr.  Charles  H.  Barrows,  Springfield,  Mass.;  Pro- 
fessor Edward  W.  Bomis,  University  of  Chicago ;  Mr.  A.  F.  Bentley, 
Johns  Hopkins  University ;  Professor  F.  W.  Blackmar,  Kansas  State 
University ;  Mr.  R.  R.  Bowker,  New  York  City  ;  Mr.  Jeffrey  R. 
Brackett,  Baltimore  ;  Mr.  Arthur  Cassot,  New  York  City  ;  Mr.  George 
D.  Chamberlain,  Springfield,  Mass. ;  Mr.  James  L.  Cowles,  Farming- 
ton,  Conn.;  Mr.  F.  M.  Corse,  Columbia  College;  Mr.  J.  W.  Crook, 
Columbia  College ;  Dr.  J.  F.  Crowell,  Columbia  College ;  Mr.  P.  S. 
Crum,  Cornell  University  ;  Mr.  H.  A.  Cushing,  Columbia  College ; 
Rev.  Edward  Day,  Lenox,  Mass. ;  Mr.  F.  S.  Edmunds,  Cornell  Uni- 
versity :  Professor  Henry  Crosby  Emery,  Bowdoin  College  ;  Professor 
Henry  W.  Famam,  Yale  University  ;  Professor  W.  W.  Folwell,  Uni- 
versity of  Minnesota  ;  Mr.  Alien  R.  Foote,  Washington,  D.  C;  Rev. 
N.  P.  Oilman,  Boston,  Mass.;  Mr.  John  M.  Glenn,  Baltimore,  Md.; 
Dr.  E.  R.  L.  Gould,  Johns  Hopkins  University ;  Dr.  D.  I.  Green, 
Hartford,  Conn. ;  Mr.  Guy  Gundaker,  Cornell  University ;  Professor 
George  Gunton,  School  of  Social  Economics ;  Dr.  Ernst  L.  von  Halle, 
Berlin;  Mr.  M.  B.  Hammond,  Columbia  College;  Mr.  Prank  R. 
Hathaway,  New  York  City ;  Mr.  P.  B.  Hawley,  New  York  City ;  Mr. 
John  Haynes,  Johns  Hopkins  University ;  Hon.  Rowland  Hazard, 
Peace  Dale,  R.  I.;  Professor  F.  C.  Hicks,  University  of  Missouri;  Mr. 
*  This  incomplete  list  is  the  only  one  avmilable  for  pubUcstkm. 

[793] 


142  Annai^  of  thk  Am:erican  Academy. 

F.  It.  HoflEinan,  Richmond,  Va. ;  Dr.  J.  H.  Hollander,  Johns  Hopkins 
University  ;  Professor  Edmund  J.  James,  University  of  Pennsylvania  ; 
Professor  J.  W.  Jenks,  Cornell  University;  Dr.  Emory  R.  Johnson, 
University  of  Pennsylvania  ;  Professor  Isaac  A.  Loos,  Iowa  State  Uni- 
versity ;  Dr.  C.  W.  Macfarlane,  Philadelphia  ;  Mr.  J.  D.  Merriman, 
Columbia  College ;  Professor  Herbert  E.  Mills,  Vassar  College ;  Pro- 
fessor G.  B.  Newcomb,  College  of  the  City  of  New  York  ;  Mr.  George 
A.  Plimpton,  New  York  City;  Professor  H.  H.  Powers,  Smith 
College  ;  Dr.  William  Z.  Ripley,  Massachusetts  Institute  of  Technol- 
ogy ;  Dr.  Victor  Rosewater,  Omaha,  Neb. ;  Dr.  Leo  S.  Rowe,  Univer- 
sity of  Pennsylvania ;  Professor  J.  C.  Schwab,  Yale  University ;  Dr. 
H.  R.  Seager,  University  of  Pennsylvania ;  Professor  E.  R.  A.  Selig- 
man,  Columbia  College ;  Dr.  Albert  Shaw,  New  York  City ;  Mr. 
Thomas  G.  Shearman,  New  Yoik  City ;  Professor  Sidney  Sherwood, 
Johns  Hopkins  University ;  Professor  F.  M.  Taylor,  University  of 
Michigan ;  Mr.  C.  W.  Tooke,  Columbia  College ;  Professor  C.  S. 
Walker,  Massachusetts  Agricultural  College;  President  Francis  A. 
Walker,  Massachusetts  Institute  of  Technology ;  Professor  Lester  F. 
Ward,  Smithsonian  Institution ;  Mr.  Horace  White,  New  York  City, 
Professor  George  G.  Wilson,  Brown  University;  Professor  A.  B. 
Woodford,  School  of  Social  Economics. 

HENRY  R.  Seager. 


I 


AMERICAN  HISTORICAI,  ASSOCIATION. 

The  American  Historical  Association  held  its  Tenth  Annual  Meeting 
in  the  National  Museimi  and  Columbian  University  at  Washington, 
D.  C,  December  26-28,  1894,  with  an  attendance  of  fifty-five  mem- 
bers. There  were  three  evening  sessions  in  the  large  lecture  hall  at 
Columbian  University,  and  two  morning  sessions  in  the  hall  of  the 
United  States  National  Museum.  Among  the  papers  of  political  and 
economic  interest  were  the  following,  of  which  only  the  briefest 
mention  can  be  made  in  this  report : 

Professor  George  B.  Adams,  of  Yale  University,  reviewed  the  series 
of  English  events  from  1869  to  1870,  leading  to  the  idea  of  imperial 
federation  which  was  sanctioned  in  1875.  The  Imperial  Federation 
League  was*organized  in  1884.  Rossiter  Johnson,  of  New  York  City, 
read  one  of  the  most  suggestive  papers  on  "  Turning-points  in  the 
American  Civil  War."  His  criticisms  upon  Lee's  lack  of  good 
strategy  at  the  Battle  of  Gettysburg  were  of  peculiar  interest.  Pro- 
fessor Bernard  Mo.ses,  of  the  University  of  California,  submitted  a 
paper  for  publication  on  the  Spanish  method  of  controlling  commer- 
cial and  economic  afiairs  in  the  South  American  colonies.     There  was 

[794] 


American  Historical  Association.  143 

«  spedal  organization  entirely  independent  of  the  state  government. 
The  system  was  not  altogether  unlike  that  of  the  Bast  India  Company. 
Dr.  W.  B.  Scaife,  of  Allegheny  City,  Pa.,  presented  a  valuable  paper 
showing  some  European  modifications  of  the  jury  system.  Herl>vrt 
Friedenwald,  of  Philadelphia,  called  attention  to  certain  neglected 
portions  of  American  revolutionary  history,  and  indicated  lines  of 
research  that  might  profitably  be  underUken  in  connection  with  the 
history  of  the  old  Continental  Congress. 

There  were  various  papers  on  the  history  of  politics.  Profesaor 
Wm.  A.  Dunning,  of  Columbia  College,  reviewed  the  subject  of 
American  political  philosophy.  He  called  attention  to  the  lack  of 
originality  among  colonial  and  revolutionary  theorists.  Francis 
Lieber  was  the  first  American  to  make  broad  and  systematic  specula- 
tions in  politics,  but  even  he  followed  German  and  English  models. 
Theodore  Woolsey  followed  Lieber,  but  added  a  theological  bias. 
Political  writing  since  oiu-  Civil  War  has  not  shown  much  indepen- 
dence of  thought.  John  W.  Burgess  and  J.  A.  Jameson  have  combined 
the  historical  and  juristic  methods. 

Professor  Hudson,  of  the  University  of  Michigan,  presented  a  good 
institutional  study  of  the  office  of  the  German  emperor.  Professor 
B.  Emerton,  of  Harvard  University,  discussed  the  problem  of  the 
origin  of  the  German  Imperial  Electoral  College.  He  tnggeatcd  that 
the  German  electorate  can  best  be  studied  through  the  analogy  of  the 
Roman  College  of  Cardinals.  Professor  A.  D.  Morse,  c€  Amherst 
College,  read  a  valuable  paper  on  the  "Causes  and  Consequences  of 
the  Party  Revolution  of  1800."  Professor  J.  H.  Robinson,  of  the 
University  of  Pennsylvania,  submitted  a  paper  upon  the  development 
of  the  idea  of  a  constitution  in  Prance  before  the  Tennis  Court  Oath 
of  June  20,  1789. 

One  of  the  most  valuable  economic  papers  was  that  of  Mr.  Bdward 
Porritt,  an  English  journalist  now  resident  in  Parmington,  Conn., 
■who  described  the  origin  and  development  of  the  labor  movement  in 
English  national  and  municipal  politics.  The  labor  policy  has  been 
formulated  since  1889.  So  far  the  labor  party  has  principally  confined 
itself  in  municipal  politics  to  demands  for  the  establishment  of  muni* 
cipal  workshops ;  for  an  eight  hours'  day  for  municipal  work  people  : 
the  abolition  of  the  contract  system  in  all  public  works ;  remunerati^-e 
work  for  the  unemployed,  and  reduction  of  the  salaries  of  the  legal, 
engineering  ?nd  clerical  staffs  in  the  municipal  service;  and  to 
attempts  to  compel  school  boards  and  town  councils  to  usurp  many  of 
the  functions  and  duties  which  Parliament  has,  since  1834,  imposed 
on  the  boards  of  guardians  for  the  relief  of  the  poor. 
/oAns  Hopkint  University.  HERBKRT  B.  AOAMS. 

[795] 


144  Annals  of  the  American  Academy. 


THE  POI^ITICAI,  SCIENCE  ASSOCIATION   OF  THE  CKNTRAI.  STATES. 

Among  the  numerous  holiday  meetings  of  learned  societies  and 
gatherings  of  specialists  and  educators  was  a  conference  held  at  Chica- 
go of  teachers  of  history,  political  science,  political  economy,  and 
sociology.  The  movement  for  the  conference  originated  with  repre- 
sentatives of  some  of  the  Indiana  colleges,  who  conceived  the  idea  that 
such  a  conference  of  teachers  of  the  middle  West  would  be  helpful  to 
all,  even  if  it  led  to  nothing  beyond  the  discussions  of  a  few  present 
problems  in  these  fields  on  the  pedagogical  side.  At  their  solicita- 
tion the  instructors  in  these  departments  in  the  University  of  Chicago, 
through  a  committee  of  their  number,  issued  a  call  for  such  a  confer- 
ence to  be  held  at  Chicago  on  January  2-3,  and  the  University  of  Chi- 
cago extended  her  hospitalities  for  the  occasion.  The  chief  subjects 
suggested  for  the  consideration  of  the  conference  were,  "  Methods  of 
Teaching  "  and  "  Local  Fields  of  Investigation."  The  call  was  sent 
to  university  and  college  teachers  in  the  four  lines  named  in  the  Mis- 
sissippi valley,  as  far  south  as  the  Ohio  and  the  State  of  Missouri.  The 
invitation  called  out  a  cordial  response  by  letter  from  many  and  a 
common  expression  of  belief  that  a  permanent  association  of  special- 
ists ought  to  result  from  the  conference.  At  the  conference  there  were 
present  men  from  Michigan,  Wisconsin,  Ohio,  Indiana,  Illinois,  Iowa, 
Kansas,  and  Missouri.  Two  sessions  were  given  mainly  to  the  consic 
eration  of  methods  of  teaching.  The  formal  conference  on  this  si 
ject  was  opened  by  Professor  J.  Laurence  Laughlin  witli  a  paper 
"Method  in  Political  Economy."  This  was  followed  by  a  paper 
the  "Teaching  of  Political  Science,"  by  Professor  Jesse  Macy,  wl 
was  chosen  as  chairman  of  the  conference.  In  the  general  discussic 
the  methods  of  collegiate  instruction  and  the  feasibility  of  seconds 
instruction  in  economics  and  sociology  received  the  greatest  attentioi 
While  no  formal  expression  of  the  ideas  of  the  conference  as  a  bod^ 
on  any  phase  of  the  subject  was  registered,  the  drift  of  the  discussic 
was  on  the  whole  quite  against  present  attempts  to  introduce  the 
subjects  in  the  "average  secondary  school  "  of  the  Central  States. 

From  the  beginning  of  the  conference  it  was  evident  that  the  sent 
ment  was  almost  unanimous  in  favor  of  organizing  a  new  associatioi 
that  would  bring  together  (i)  the  specialists  of  the  four  allied  grouj 
of  history,  politics,  sociology,  and  economics,  for  the  advantage 
those  in  each  group  both  as  investigators  and  as  teachers ;  (2)  t\ 
workers  in  these  fields  in  the  Central  States  where  on  both  the  sciei 
tific  and  the  educational  side  there  are  problems  to  be  investigate 
and  worked  out  that  do  not  so  directly  interest  other  sections 
the  country,  and  (3)  men  whom  no  single  existing  society  ever  cfi 

[796] 


Political  Science  Association.  145 

together  where  they  can  meet  each  other.  An  organization  was 
accordingly  eflfected  on  January  3,  under  the  name  of  the  Political 
Science  Association  of  the  Central  States.  The  constitution  states  the 
object  and  purpose  of  the  association  to  be  *•  the  affiliation,  for  confer- 
ence and  investigation,  of  specialists  in  history,  political  tdence, 
economics,  and  sociology'. "  The  organization  provides  for  a  ▼ice- 
president  for  each  of  the  four  fields  represented,  thus  foreshadowing 
work  and  conference  by  sections,  as  well  as  in  the  single  body,  with 
each  vice-president  as  chairman  of  a  section.  Instructors  and  special- 
ists in  the  four  fields  resident  in  the  Central  States  are  eligible  to 
membership.  The  matter  of  the  establishment  of  an  official  publica- 
tion  has  not  been  settled,  but  it  is  hardly  probable  that  any  steps  will 
be  taken  to  that  end  before  the  next  annual  meeting. 

The  association  started  off  with  about  fifty  charter  members.  The 
officers  for  the  ensuing  year  are  as  follows :  President,  Jesse  Macy,  A. 
M.,  Iowa  College;  Vice-Presidents,  Sociology,  Albion  W.  Small,  Ph. 
D.,  University  of  Chicago  ;  History,  Charles  H.  Haskins,  Ph.  D.,  Uni- 
versity of  Wisconsin ;  Economics,  Henr>'  C.  Adams,  Ph.  D.,  UniTcr- 
sity  of  Michigan  ;  Political  Science,  James  A.  Woodbum,  Ph.  D.,  Uni- 
versity of  Indiana  ;  Secretary,  George  W.  Knight,  Ph.  D.,  Ohio  State 
University  ;  Treasurer,  Frank  W.  Blackmar,  Ph.  D.,  University  of 
Kansas.  The  time  and  place  of  the  next  meeting  has  not  been  defi- 
nitely settled,  but  it  will  probably  be  held  at  the  holiday  aeaaoo  of 

1895. 

Gborgb  W.  Knigbt. 

University  of  Ohio. 


NOTES  ON  MUNICIPAI,  GOVERNMENT. 


[This  department  of  the  Annals  will  endeavor  to  place  before  the  members  ( 
the  Academy  all  items  of  interest  which  will  serve  to  indicate  the  municif 
activity  of  the  large  cities  of  Europe  and  America.    Among  the  contributors  ai 
James  W.  Pryor,  Esq.,  Secretary  City  Club,  New  York  City  ;  Sylvester  Baxter, 
Boston  Heraldy  Boston  ;  Samuel  B.  Capen,  Esq.,  President  Municipal  I^eague, 
ton;  Mr.   A.   I,.  Crocker,    Minneapolis;  Victor  Rosewater,    Ph.  D,,  Omaha 
Omaha;  Professor  John  Henry  Gray,  Chairman  Committee  on  Municipal  Aflhi 
Civic  Federation,  Chicago.] 


AMERICAN  CITIES. 

Philadelphia. — An  important  question  of  jurisdiction  has  recently 
arisen  with  regard  to  the  power  of  Councils  over  the  construction  of 
street  railway  lines  within  the  city  limits.     The  matter  arose  in  con- 
nection with  a  proposed  trolley  line  within  the  limits  of  Fairmount 
Park.     The  Park  Commission  claimed  the  right  to  grant  the  franchi 
which  was  disputed  by  a  number  of  members  of  Councils.     The  Cit 
Solicitor,  in  his  opinion  on  the  subject,  decided  in  favor  of  the  Cit 
Councils  as  against  the  Park  Commission.     The  Pennsylvania  Const 
tution  of  1874  provides  that  no  street  passenger  railways  shall  be  cot 
structed  within  the  limits  of  any  city,  borough  or  township  withot 
the  consent  of  its  local  authorities.     In  the  opinion  of  the  City  Solic 
tor  the  Fairmount  Park  Commission  is  not  to  be  regarded  as  a  **  lot 
authority ^^  within  the  meaning  of  the  Constitution;  that  while  it 
given  certain  powers  over  the  territory  of  the  park,  it  is  not  a  muni< 
pal  corporation.     The  "  local  authority  "  in  the  city  of  Philadelphia 
within  the  intent  of  the  Constitution,  is  the  legislative  and  executi\ 
branches  of  the  city  government.      This  does  not  deprive  the  Pari 
Commission  of  the  power  to  construct  or  license  the  construction  of 
passenger  railway  within  the  park  ;  it  does,  however,  render  nece 
the  consent  of  Councils  before  any  such  authority  be  exercised,  eithc 
by  the  Commission  or  any  private  corporation. 

It  is  interesting  to  compare  the  appropriations  to  various  munici] 
departments  in  New  York  and  Philadelphia  for  the  year  1895  : 

Philadelphia.        New  York. 

Street  Cleaning, $783.9"  $2,367,390 

Police  (excl.  of  electrical  appliances) .     2,413,530  5,717.072 

Fire, 899,747  2,084,421 

Health, 196,020  460,680 

Education, 3.423.139  5,262,423 

Parks  (maintenance), 584.795  1. 198,955 

[798] 


Notes  on  Municipal  Govbrnmbnt.  147 

The  Controller's  Report  for  1894  shows  a  very  favorable  condition  of 
the  city's  finances.  The  total  disbursements  during  the  year  amounted 
to  132.390.333-57  of  which  13.795.893-59  represents  interest  and  liqui- 
dation of  the  funded  debt.  During  recent  years,  and  more  especially 
since  the  city  has  been  living  under  its  new  charter,  the  coat  of  muni- 
cipal departments  has  increased  enormously.  To  give  some  idea  of 
this  iucrease  since  consolidation  it  is  only  necessary  to  »*««tii^y  the 
following  table : 

Tolat  Payments.  Cost  of  DepartmunU. 

1855 I  4.880,617^1 I  3.34S,itt.9i> 

i860 5,508,704.33  •  •  a,<6j,S4a.i3 

»865 10.505,391.90 4.t90.39&<« 

1870 11,492,908.81 S,630.6ttJB 

1875 13,446,45».73 10.105.919J9 

»88o X4,640.479M 6.370,578.34 

1885 I4,J98,4I3.85 8,654.5»7.3« 

1887 17,638,304.05 11,961,348.80 

1890 »,53i.38i.05 16,273.676.4s 

1892 23,061.526.76 i7.6sS9tt.at 

1894 32,390.333.57 a3.858,oi|5.3B 

One  of  the  most  notable  features  of  the  report  is  the  great  increase 
in  the  amounts  paid  for  mandamuses.  These  arise  mainly  in  connec- 
tion with  street  improvements.  Councils  for  instance  orders  the 
change  of  grade  of  any  street.  The  owners  of  property  injured  by 
such  changes  bring  suit  against  the  city  for  the  amount.  In  case  the 
appropriations  for  this  purpose  are  not  sufficient  to  pay  such  dam- 
ages  the  court  issues  a  mandamus,  ordering  the  city  treasury  to  pay 
such  amounts. 

An  ordinance  has  recently  been  introduced  into  Councils  which  if 
passe<l  will  effectually  check  this  evil.  It  provides  that  where  prop* 
erty  is  taken  for  public  purposes  by  reason  of  opening  of  streets,  or 
changing  the  lines  or  grades,  the  ordinance  to  authorize  it  shall  be 
referred  to  a  committee,  which  committee  shall  then  submit  to  the 
Survey  Bureau  a  detailed  plan  of  the  property  to  be  taken.  Upon  the 
return  of  the  plan  from  this  bureau  a  sub-committee  of  five  is  to  be 
appointed  by  the  committee,  whose  duty  it  will  be  to  investigate 
claims  of  damages  and  assess  benefits.  The  report  of  this  committee 
is  then  to  be  referred  to  a  board  of  three  members, — the  City  Solicitor, 
the  head  of  the  department  of  public  works  or  of  the  particular 
bureau  interested,  and  a  third  person,  familiar  with  real  estate  in  the 
vicinity,  to  be  selected  by  the  other  two  members.  The  report  of  this 
board,  which  is  to  be  made  within  one  month,  is  to  contain  the  claims 
for  damages,  together  with  agreements  in  writing  from  the  property- 
owners  binding  them  to  the  price  they  agreed  to  accept  from  the  city. 
The  whole  matter  then  goes  before  Councils,  where  appropriations  for 

[799] 


14S  AxNAi.s  OF  TiiK  American  Academy. 

I 

such  (laiiur^a-s  \vill  l)e  made  according  to  the  ordinary  legai  require-  I 
nicnts.  During  the  kist  few  years  the  payments  for  such  mandamuses  ' 
have  been  as  follows  : 

i.v^o  .  •  . $  123,700.82 

1885 202,266.77 

1SS7 .vs6,524.S7 

1'"^^ 252,547.50 

i^Sg 463,827.74 

1^90 483,111-83 

1^92 752,529-35 

1S93 1,036,427-35 

1H94 2,555,810.61 

New  York  City. — The  close  of  tlie  I^exow  investigation  in  New  York 
City  has  awakened  a  desire  for  similar  investigations  in  otlier  depart- 
ments of  the  city  government.  It  does  not  seem  at  present  that  the 
lAgislature  is  inclined  to  meet  this  demand.  The  Mayor  of  New 
York,  however,  is  given  very  wide  powers  in  the  matter  of  investigat- 
ing the  work  of  departments.  The  Consolidation  Act  gives  to  him 
the  power  to  appoint  two  Commissioners  of  Accounts,  removable  at 
will,  whose  duty  it  is  to  make  quarterly  examinations  of  the  accoiuits 
of  the  various  departments.  lie  may  furthennore  order  special 
exaniinali(^ns  in  any  de2)artnient  of  tlie  city  and  county  government. 
I'or  this  purpose,  the  Commissioners  have  the  power  to  compel  the 
attendance  of  witnesses,  to  administer  oatlis  and  to  examine  such 
])ers()ns  as  they  may  deem  necessary,  lender  this  provision,  it  will 
be  conij)aratively  easy  for  the  Ivxttcutive  to  carry  the  investigations 
into  departments  other  than  the  police.  Mayor  vStrong  has  expres.sed 
his  intention  of  exercising  this  ])Ower  to  its  fullest  extent. 

The  comijarison  of  the  final  estimate  of  the  Board  of  Estimate  and 
.■\]!;)orlif)nment  for  tlie  year  1895  and  the  Comptroller's  reports  of 
]iri'\ious  years  illustrate  very  clearly  the  complex,  and  to  the 
a\erage  citi/en,  a1)S<jlutely  miintelligible  sy.stem  of  accounting  in  that 
( ity.  In  tliis  the  citv  officials  are  not  at  fault.  It  Inis  ln-en  forced 
u]M,ii  them  to  a  very  great  extent  by  the  State  ] A'gislature.  The  expen- 
(liti'.rt  s  of  the  city  are  divided  into  two  distinc^t  classes:  the  (reneral 
.•\]i]>ro];r;;ition  Account  and  the  S{K"eial  -md  Trust  accounts.  It  is  the 
evi'!(  lit  ])tir])f)se  of  the  former  to  include  the  general  expenses  of  the 
city  government,  that  is,  the  interest  and  redemj)tion  of  the  city 
debt  and  the  ordinary  exj)enditures  of  the  various  city  de])artments. 

Wh'-n  we  come  to  exainine  the  Si)ecial  and  Trust  accounts,  we  find 
that  many  of  the  it(.i!is  therein  contained  ought,  under  any  rigorous 
scientific  (  bissifn  .ition,  to  be  ])laced  as  a  part  of  the  general  expenses 
of  the  city  government.       The  I/-gislature,  however,  lias  adopted  the 

[800] 


Notes  on  Municipal  Govbrnmbnt.  149 

policy  of  passing  innumerable  special  laws,  authoriring  and  directing 
departments,  or,  as  is  generally  the  case,  the  City  Comptroller,  to 
issue  bonds  for  the  payment  of  certain  improvements.  These  bonds 
do  not  always  represent  such  new  constructions  as  would  justify  the 
floating  of  new  loans,  but  are  often  issued  for  purposes  such  as  rvpav> 
ing  and  general  street  improvement,  park  improvements  and  the  like. 

Another  of  the  many  anomalies  which  the  report  of  the  Comptroller 
brings  out  very  clearly  is  tlie  independent  position,  flnancial  and  ad- 
ministrative, occupied  by  at  least  one  of  the  departments^  For  instance, 
the  Department  of  Docks,  whose  expenditure  amounts  to  two  or 
three  millionsof  dollars  annually  (for  1893,  $3,950,000)  is  entirely  inde- 
pendent, for  its  annual  appropriation,  of  the  Board  of  Aldermen  or  of 
the  Board  of  Estimate  and  Apportionment  Instead  of  defnijriog 
the  expenses  of  this  department  out  of  the  annual  tax-levy,  an  act  of 
the  Legislature  gives  to  the  Department  of  Docks  the  power  to  defray 
its  expenses  out  of  special  dock  bonds,  which  it  alone  has  the  power 
to  issue.  As  a  result,  the  receipts  of  the  department  instead  of  flowing 
into  the  general  city  treasury,  go  to  the  treasury  of  the  sinking  fund 
for  the  redemption  of  the  city  debt 

These  facts  are  merely  illustrative  of  the  difiiculty  of  develop- 
ing  an  orderly  and  systematic  method  of  accounting,  when  the  State 
Legislature  continually  encroaches  upon  the  better  judgment  of  the 
financial  officials  of  the  city.  Had  New  York  been  left  to  develop  its 
OMm  financial  system,  there  is  not  the  slightest  doubt  that  the  present 
complicated  system  of  accounts  would  not  for  a  moment  be  tolerated, 
and  that  it  would  be  possible  for  the  average  citizen  to  obuin  at  least 
some  general  information  on  the  financial  operations  of  his  city  from  the 
annual  reports.  At  present  this  is  only  possible  for  him  who  has  given 
special  study  to  the  matter,  and  even  then  many  points  remain  obscure. 

The  report  on  ••Receipts"  shows  the  same  involved  method  of 
accounting.  The  Comptroller  is  compelled  to  make  a  four-fold 
di\'ision,  first,  taxes  ;  second,  general  fund ;  third,  special  and  tmst 
accounts  ;  and  fourth,  loans. 

To  the  ordinary  observer  it  would  seem  that  these  four  divisioas 
would  cover  the  entire  income  of  Uie  dty.  This,  howe\*er.  is  not  the 
case ;  the  hand  of  tlie  SUte  Legislature  is  again  felt  in  its  disturbing 
influence  on  the  city's  financies.  The  receipts  from  a  number  of  im- 
portant sources  of  income  have  been  pledged  for  the  pajrment  of  the 
city  debt— some  for  its  redemption,  others  for  the  pajrment  of  intcrert. 
These  receipts  flow  into  the  sinking  fund.  The  most  hnportant  of  the 
former,  that  is  for  the  redemption  of  the  city  debt  «re  such  items  as 
market  rents,  amounting  to  over  three  hundred  thousand  dollars 
annually  ;  dock  and  slip  rents,  amounting  to  nearly  two  millions ;  and 

[80.] 


150  Annai^  of  thk  American  Academy. 

railroad  franchises,  amounting  to  over  one  hundred  and  fifty  thousand 
As  to  the  latter,  viz.,  the  fund  for  the  payment  of  interest  on  the  cit 
debt,  the  entire  income  from  the  Croton  water  rents,  amountii 
to  nearly  three  and  one-half  million  dollars,  is  pledged  for  tl 
payment  of  interest  on  the  city  loans.  In  fact,  nearly  ten  millions 
dollars,  which,  under  the  ordinary  system  of  accounting,  would  flc 
into  the  general  city  treasury,  are  thus  diverted  from  their  natui 
channel  into  the  sinking  fund. 

The  report  of  the  Department  of  Public  Parks  for  1894  contait 
some  interesting  information  concerning  the  remarkable  developmei 
of  the  system  of  parks  in  New  York  City.     South  of  the  Harlem  Ri> 
there  are  at  present  about  seventeen  parks,  of  which  Central  Pari 
with  840  acres,  and  Riverside  Park,  with  178  acres,  are  the  largest.  In' 
fact  the  total  area  of  the  seventeen  parks  is  only  11 75  acres.     North 
of  the  Harlem,  in  the  annexed  territory  of  the  Twenty-third  and 
Twenty-fourth  wards,  a  number  of  new  parks  have  been  laid  out  which 
will  soon  place  New  York  ahead  of  all  American  cities  in  park  area. 
The  ten  larger  parks  in  this  new  district  comprise  an  area  of  3863 
acres,  the  largest  being  Pelham  Bay  Park  with  1756  acres.  Van  Cort- 
landt  with  1132  acres,  and  Bronx  with  661  acres.     One  of  the  most 
important  parks  in  the  system,  however,  which,  it  is  to  be  hoped,  will^ 
soon  be  ready  for  use,  is  the  Mulberry  Bend  Park,  authorized  by  th^ 
Act  of  1887.     The  condemnation  proceedings  for  this  small    pari 
resulted  in  a  damage  assessment  of  one  and  one-half  million  doUai 
The  law,  however,  only  permits  an  annual  expenditure  of  one  million, 
that  it  has  been  impossible  up  to  the  present  time  to  buy  the  propertyJ 

Laws  passed  in  1894  authorized  condemnation  proceedings  for  fi^ 
additional  parks.     At  the  present  rate  of  increase  New  York  will 
be  able  to  meet  one  of  the  greatest  needs  of  the  congested  distric 
below  Fourteenth  street,  viz. ,  a  number  of  small  parks  and  children'l 
playgrounds. 

In  order  to  show  the  magnitude  of  the  operations  conducted  by  tl 
Park  Board,  it  is  only  necessary  to  refer  to  the  fact  that  in  addition 
the  regular  appropriation  of  j^i,  177,195  in  1894,  seven  special  laws 
passed  during  the  year,  authorized  the  creation  of  $2,500,000  specif 
indebtedness  for  various  park  improvements.  Of  this  $1 ,000,000  was  ti 
be  expended  in  various  park  improvements  in  order  to  give  emploj 
ment  to  the  great  army  of  unemployed. 

In  fact,  in  examining  the  total  present  bonded  indebtedness  of  Nc 
York  City,  we  find  that  of  a  total  gross  debt  of  1155,000,000  ov< 
$19,000,000  represents  the  expenditure  on  park  improvements  an< 
extensions  during  the  past  twenty  years.  To  compare  park  space  ii 
various  cities  : 

[802] 


NoTBS  ON  Municipal  Govbrnmbnt.  151 

Pb^laHon  Total  Artm  /h^mJmhom 

(Eatim»Ud.)  of  l^rk*.  ptr  Aert 

i99h  Acrtt.  0/  P^k, 

Philadelphia, 1,160,000  3173                ^^ 

New  York 1.845,739  Soy»«                166.9 

P«*^s 2.527/»oc  4969                 yA6 

Chicago, 1,400,000  3i4t                 651  .J 

London, 4,311,000  6045                 7ii>5 

Berlin, i,648/m»  1760                9^^ 

If  we  were  to  leave  out  of  account  the  largest  parks  in  each  dty  the 
order  would  be  changed,  Philadelphia  sinking  to  the  bottom  of  the 
liflt  with  but  527  acres  of  park  space. 

Review  of  the  Refonn  Movement  in  New  York  City.^ 

Soon  after  the  Good  Government  Clubs  had  held  a  conTention 
and  adopted  a  platform  in  June,  it  became  apparent  that  the  pop- 
ular idea  of  municipal  politics  had  begun  to  undergo  a  great  change. 
The  theory  that  municipal  elections  and  municipal  administration 
diould  be  non-partisan,  in  the  sense  that  they  should  be  independent 
of  national  politics,  began  to  show  a  new  strength  among  the  great 
body  of  voters.  The  fact  that  the  non-partisan  idea  had  emeigcd 
from  the  theoretical  stage  was  soon  recognized  by  the  practical 
politicians. 

At  a  conference  of  the  leaders  of  the  various  organizations  opposed 
to  Tammany  Hall,  called  by  a  joint  committee  of  the  Good  Govern- 
ment Clubs  and  the  German-American  Reform  Union,  it  became 
apparent  that  politicians  recognized  the  fact  that  they  had  to  deal 
with  a  new  force,  and  that  it  would  not  be  good  politics  to  oppose 
non-partisanship.  Indeed,  from  the  very  beginning  of  the  local  cam- 
paign municipal  reformers  were  greatly  encouraged  by  the  politicians* 
enforced  recognition  of  the  growing  vitality  of  this  principle.  It  is 
not  necessary  to  enter  into  the  details  of  the  history  of  the  snbaequent 
formation  of  the  Committee  of  Seventy,  and  of  the  succeasfnl  cam- 
paign carried  on  by  that  committee  with  the  aid  of  other  otganiza- 
tions. 

The  most  interesting  point  about  the  preliminary  work  done  by  the 
Good  Government  Clubs,  is  the  fact  that  the  theory  of  non-partisanship 
was  put  forward  as  the  central  idea  about  which  it  was  found  possible 
to  rally  all  the  forces  opposed  to  Tammany  Hall.  Such  a  result  would 
not  have  been  possible  two  or  three  years  ago ;  it  is  very  doubtfol 
if  it  would  have  been  possible  one  year  ago.     The  obviona  fact  is  that 

•  Area  of  parks  belonging  to  the  city.  Portion  of  Pelhsm  Bay  PSffk  (175S  mttt») 
outside  city  limits. 

t  This  review  has  been  furnished  by  James  W.  Pryor.  Bsq.,  Secretary  of  tkt 
City  Refomi  Club  of  New  York  City. 

[803] 


152  AnnaIvS  of  the  American  Academy. 

the  continual  preaching  of  this  principle  by  those  who  have  been 
alive  to  the  evils  of  municipal  government  throughout  the  country, 
has  at  last  begun  to  have  practical  effect.  This  is  the  point  in  which 
the  recent  success  of  the  reform  movement  in  this  city  differs  from 
former  victories  of  a  similar  kind  in  New  York  and  other  cities  of  the 
Union.  To  this  extent  that  success  is  a  notable  triiunph  for  those 
organizations  which,  in  season  and  out  of  season,  have  urged  the  doc- 
trine of  non-partisanship.  It  is  to  be  hoped  that  the  recognition  of  a 
vital  principle  behind  the  movement,  will  result  in  preserving  the 
fruits  of  victory  as  it  has  never  been  possible  to  preserve  them  when 
a  reform  victory  in  municipal  matters  has  been  simply  the  result  of  an 
effort  to  cure  intolerable  conditions  without  the  establishing  of  any 
aggressive  permanent  principle.  This  is  decidedly  the  belief  among 
reformers  in  New  York. 

Mayor  Strong  has  begun  his  administration  in  a  manner  to 
encourage  his  supporters  in  the  belief  that  his  official  acts  will  be  con- 
trolled by  this  central  principle.  If  he  adheres  to  this  policy  the 
result  will  be  to  establish  non-partisanship  as  a  necessary  principle 
not  only  in  the  politics  of  New  York  City,  but  also,  ultimately,  in  the 
politics  of  all  other  large  cities  of  the  country. 

The  reform  declarations  by  Mayor  Strong,  and  the  directions  as  to 
the  custody  of  indictments  publicly  given  by  Recorder  Goff  to  the 
Clerk  of  the  Court  of  General  Sessions  on  January  7,  are  perhaps  the 
two  most  striking  specific  illustrations  yet  seen  of  the  new  spirit  whic 
has  been  infused  into  the  conduct  of  public  business.     After  charging 
the  January  Grand  Jury  in  the  Court  of  General  Sessions,  the  Recorde 
explained  to  the  Clerk  of  the  Court  that  the  customary  retention  by  tin 
District  Attorney  of  indictments  presented  in  that  court,  was  entirel] 
irregular.    He  said :  **  It  is  therefore  ordered  that  henceforth  eachjl 
and  every  indictment  entered  in  this  court  by  the  grand  jury  shallj 
remain  in  the  custody  of  the  clerk  of  this  court,  and  the  clerk  of  thiaj 
court  shall  be  held  to  a  strict  responsibility  and  accountability  for  the] 
possession  of  such  indictments.     It  is  further  ordered  that  the  clerk  of] 
this  court  prepare  and  keep  a  record  of  each  indictment,  which  record.! 
shall  show  on  its  face  the  progress  of  such  indictment  from  its  finding^ 
until  its  final  disposition."    The  "pigeon-holing"  of  indictments  ii 
the  District  Attorney's  office  is  an  evil  with  which  the  people  of  thi 
city  have  long  been  familiar,  and  which  will  be  cured  by  the  enforce- 
ment of  the  Recorder's  order. 

The  action  thus  taken  by  the  Mayor  and  the  Recorder  illustrates  the 
sufficiency  of  the  statutes  for  nearly  all  purposes  of  local  government. 
The  trouble  has  been  much  less  with  the  laws  than  with  the  adminis- 
tration of  them.     Given  honest  and  efficient  officers,  an  excellent 

[804] 


I 


Notes  on  Municipai*  Government.  153 

municipal  government  would  be  secured  under  the  present  lawac  Nev- 
ertheless, certain  changes  in  the  statutes  are  generally  demanded  by  the 
reform  sentiment  of  the  city.  The  first  of  these  is  to  give  to  the  Mayor 
absolute  power  to  remove  heads  of  departments,  in  place  of  the  power 
which  he  now  has  to  remove  for  cause  with  the  approval  of  the  Govcr- 
nor.  A  bill  *  prepared  by  the  Committee  of  Seventy,  giving  each 
Mayor  this  absolute  power  during  the  first  four  months  of  his  term,  has 
been  introduced  in  the  Legislature. 

The  Legislature,  embracing  the  Senate  elected  in  1893,  and  the  newly 
elected  Assembly,  convened  on  January  2.  It  will  be  called  upon  to 
consider  very  important  questions  affecting  New  York  City. 

The  vote  of  the  people  of  New  York  and  Brooklyn,  in  November, 
was  in  favor  of  the  consolidation  of  those  two  cities,  and  several  towna 
and  villages,  with  adjacent  territory.  The  L/Cgislature  is  expected  to 
take  action  toward  giving  effect  to  this  expression  of  the  popular  wish. 
The  task  of  preparing  a  scheme  of  consoUdation  and  a  charter  for  the 
resulting  municipality  is  one  before  which  the  ablest  lawyers  stand 
appalled.  It  is  probable  that  this  task  will  be  assigned  to  a  special 
commission.  In  the  meantime,  the  situation  created  by  the  vote  npon 
consolidation  prevents  any  general  overhauling  of  the  mass  of  laws 
relating  to  New  York  City.  Certain  changes,  however,  will  be  pro- 
posed ;  and  some  will  undoubtedly  be  made. 

Of  those,  the  most  urgent  in  the  popular  mind  is  some  radical 
change  in  the  law  relating  to  the  Police  Department  This  is  a  case  in 
which  we  are  apt  to  expect  entirely  too  much  from  legislation.  The 
evil  in  the  department,  as  developed  by  the  Lexow  Investigating  Com- 
mittee, is  not  in  the  law,  but  in  the  men  who  administer  the  law. 
Nevertheless,  the  demand  that  a  single  Commissioner  should  be  sob- 
stituted  for  the  four  Commissioners  who  now  govern  the  department, 
is  general.  The  City  Club  is  making  an  inquiry  into  the  administration 
of  the  election  laws  by  the  police  and  the  Bureau  of  Elections  in  the 
Police  Department.  The  result  thus  far  is  to  show  that  in  the  selection 
of  polling  places  and  of  election  officers  the  Commissioners  discharge 
their  duties  very  unsatisfactorily.  The  City  Club  has  under  consid- 
eration a  bill  to  separate  the  Bureau  of  Elections  from  the  Police 
Department.  Such  separation  would  make  it  easier  to  secure  legisla- 
tion placing  the  department  under  a  single  head,  as  the  Legislatnre 
would  probably  insist  upon  making  bi-partisan  the  head  of  any  branch 
of  the  local  government  which  was  to  control  the  machinery  of  elec- 
tions. It  is  understood  that  a  bill  substituting  a  single  Commiasiooer 
for  the  three  Dock  Commissioners,  has  been  prepared. 

•  Senator  Lawson's  Bill  which  has  passed  Seaate  and  AMembly  and  now  goes  to 

Bfayor  Strong. 

[805] 


i54  Annals  of  the  American  Academy. 


J 


The  revised  constitution  adopted  by  the  people  in  November, 
into  effect  on  January  i.     It  contains  a  number  of  provisions  of  imme- 
diate interest  to  those  who  are  seeking  better  government  for  the  cities 
of  the  State. 

Among  these  is  a  comprehensive  civil  service  provision  to  the  effect 
that  "appointments  and  promotion  in  the  civil  service  of  the  State, 
and  of  all  the  civil  divisions  thereof,  including  cities  and  villages, 
shall  be  made  according  to  merit  and  fitness  to  be  ascertained,  so  far 
as  practicable,  by  examinations,  which,  so  far  as  practicable,  shall  be 
competitive."  The  Legislature  is  required  to  pass  the  laws  necessary 
to  give  effect  to  this  provision ;  and  the  policy  of  the  State,  expressed 
hitherto  in  statutes,  is  thus  declared  in  a  manner  which  leaves  the  Legis- 
lature no  option  as  to  the  general  application  of  civil  service  reform. 

The  new  constitutional  requirement  that  every  bill  "  shall  have  been 
printed  and  upon  the  desks  of  the  members,  in  its  final  form,  at  least 
three  calendar  legislative  days  prior  to  its  final  passage,"  will  give 
New  York  relief  in  helping  to  prevent  such  "snap  legislation  ''  as  the 
city  has  suffered  from  in  the  past  The  separation  of  municipal  from 
State  and  national  elections,  effected  by  the  revised  constitution,  is  a 
consummation  to  which  municipal  reformers  in  New  York  have  looked 
forward  for  years.  Hereafter,  all  elections  for  municipal  officers  will 
fall  in  odd  years,  and  State  and  national  elections  in  even  years, 
except  that  members  of  the  assembly  will  be  elected  at  every  regular 
annual  election.  One  effect  of  the  provisions  of  the  constitution  on  this 
point  is  to  make  the  term  of  Mayor  Strong  three  years  instead  of  two. 

The  classification  of  cities  under  the  revised  constitution  and  the 
safeguards  established  against  the  passing  of  hasty  legislation  affect- 
ing single  cities,  promise  some  relief  from  the  intolerable  annual  flo< 
of  special  statutes  relating  to  the  government  of  cities. 

The  municipal  government  of  New  York  is  seen  to  be  in  a  state 
transition  in  its  three  phases,  the  constitutional,  the  statutory-,  and  the 
administrative.  The  constitution  which  went  into  effect  with  the 
present  year  contains  important  new  provisions  affecting  the  city 
directly  or  indirectly.  The  Legislature  now  in  session  will  pass  impor- 
tant legislation  in  the  nature  of  amendments  to  the  city's  charter. 
The  officers  elected  by  a  great  non-partisan  uprising  have  assumed 
office  with  a  determination  to  bring  about  many  wholesome  changes 
in  the  municipal  administration. 

Civil  Service  Administration  in  New  York  City*  ■ 

The  first  appearance  of  any  complete  summary  of  the  work  accom- 
plished by  the  Civil  Service  Board  of  New  York  City  during  the  first 
•  Prepared  by  Mr.  Harry  A.  Gushing,  of  Columbia  College. 

[806] 


» 


I 


Notes  on  Municipal  Goverxmbnt. 


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[807] 


'2l 


156  Annai^  of  thk  American  Acadejmy.  (I 

decade  of  its  existence  affords  definite  and  suggestive  material  on  which  ! 
to  enlarge.  Putting  aside  for  the  present,  however,  any  consideration 
of  the  classification  and  technical  detail  of  the  recurring  questions  of 
administrative  policy,  and  of  the  late  political  proposals  of  question- 
ably reformative  or  even  helpful  legislation,  notice  need  be  taken,  in 
connection  with  the  table,  of  the  relation  of  the  number  examined  to 
the  number  passed,  and  of  the  latter  to  the  number  appointed.  If  the 
percentage  of  those  appointed  were  based  on  the  number  examined, 
the  result  would  be  more  striking  still,  and  would  show  that,  espe- 
cially as  to  the  competitive  examinations,  the  work  of  the  board  has 
certainly  had  effect.  The  object  of  such  work  is  largely  one  of  selec- 
tion and  sifting,  and  in  this  case  the  sifting  has  been  more  than 
nominal.  The  large  percentage,  both  of  those  passed  and  of  those 
appointed  after  non-competitive  examinations,  is  due  almost  wholly 
to  the  fact  that  for  some  positions,  as,  for  instance,  attendants  on  the 
insane,  the  nature  of  the  work  militates  against  a  large  number  of  ap- 
plicants, and  renders  necessary  the  occasional  use  of  the  non-competi- 
tive test  The  total  in  the  classified  service  naturall}-  varies  but  little, 
when  the  city's  administrative  organization  is  able,  without  much 
increase,  to  meet  all  ordinary  variations  of  amount  of  public  service. 
Such  variations  of  demand  for  service  occur  mainly  in  such  depart- 
ments as  those  of  public  works  and  street  cleaning,  and  hence  appears 
a  marked  fluctuation  in  the  number  of  the  unclassified,  consisting 
largely  of  day  laborers  and  employes  of  the  lowest  grades,  many  of 
whom  are  employed  temporarily.  The  size  of  this  class,  however, 
illustrates  the  importance  of  the  question  as  to  the  advisability  and 
propriety  of  subjecting  all  such  to  civil  service  rules.  The  direction 
of  such  matters  of  administration  rests  largely  with  the  Mayor,  and 
upon  him  as  directly  as  upon  any  man  depends  the  extent  to  which 
theoretical  civil  service  will  be  made  practical  in  New  York  City. 
The  beginnings,  as  judged  by  men  considered  authorities  on  such  mat- 
ters as  well  as  by  others,  have  been  creditable  to  those  who  have  kept 
alive  such  an  office  under  administrations  not  founded  on  civil  service 
principles.  Such  being  the  case,  the  officials  under  a  new  mayor 
have  an  ample  opportunity  of  drawing  hard  and  fast  lines  without 
fear  from  above. 

Boston.— The  Municipal  League  of  Boston  has  just  published  its 
second  tract,  which  contains  many  important  suggestions  as  to  the 
system  of  municipal  government  in  Massachusetts.* 

The  pamphlet  contains  the  address  of  the  president,  Samuel  B. 
Capen,  Esq.,  in  which  he  sums  up  the  immediate  ends  the  lycague 

•  Tract  No.  2.  Publications  of  the  Municipal  league  of  Boston.  Samuel  B. 
Capen,  Esq.,  president. 

[808] 


NoTBs  ON  Municipal  Govbrnmbnt.  157 

has  in  view.  The  work  of  organization  throughout  the  waxtls  of  the 
dty  has  been  actively  prosecuted,  so  that  the  central  organbation  b 
prepared  to  do  very  effective  work.  In  addition  to  exerdaing  control 
over  the  various  municipal  departments,  the  League  is  advocatii^ 
definite  action  in  such  questions  as  the  housing  of  the  poor,  iiicusnd 
school  accommodations,  etc. 

The  constitution  of  the  lower  branch  of  the  city  legialatnre  is  care> 
fully  examined.  Out  of  a  total  of  seventy-five  members,  fifty-uine 
pay  no  other  than  a  poll-tax.  The  League  holds  that  in  a  city  with  a 
total  valuation  of  over  nine  hundred  millions  of  dollars,  this  proportioo 
does  not  mean  an  adequate  representation  of  property. 

There  are,  furthermore,  a  number  of  important  r^otwni^^frttffm 
involving  amendments  to  the  City  Charter.     These  arc: 

First.  The  extension  of  the  term  of  the  Mayor  from  one  to  thiee 
years. 

Second.  The  abolition  of  the  bi-cameral  City  Council,  and  the 
placing  of  the  legislative  work  of  the  city  in  one  representative  body. 

Third.  The  establishment  of  a  Board  of  Estimate  and  Apportioii> 
ment,  exercising  powers  similar  to  the  New  York  Board.  Its  consti- 
tution, however,  would  be  very  different,  as  two  of  the  five  members 
are  to  be  taken  from  outside  the  city  government,  namely,  the  presi- 
dent  of  the  Board  of  Trade  and  of  the  Chamber  of  Commerce.  Another 
plan  outlines  the  constitution  of  this  board  as  follows  :  the  Mayor,  the 
Auditor,  the  president  of  the  City  Council  and  the  two  senior  mem- 
bers of  the  Sinking  Fund  Commission.  Tlie  functions  of  this  board 
will  be  to  recommend  the  annual  appropriations  for  the  various  dty 
departments  to  the  City  Council.  The  latter  is  to  be  given  the  power 
of  reducing  but  may  not  increase  the  amounts  thus  recommended. 

Fourth.  The  election  of  all  members  of  Councils  on  a  general  ticket, 
recognizing  the  prindple  of  proportional  representation. 

Fifth.  The  placing  of  the  departments  of  the  city  government  under 
the  control  of  a  single  head,  instead  of  the  commissions  as  at  present. 

CURRENT  BIBUOGRAPHY. 

It  is  gratifying  to  announce  the  appearance  of  one  of  the  few  im- 
portant books  dealing  with  municipal  government  The  Century 
Company  has  just  published  Dr.  Albert  Shaw's  treatise  on  "  Municipal 
Government  in  Great  Britain.'*  *  The  Annals  will  have  occaaion  to 
review  this  book  in  detail  in  a  subsequent  number. 

Dr.  Shaw  has  made  liberal  use  of  the  articles  published  from  time 
to  time  in  the  Century  Magazine,    The  book,  however,  is  essentially 

•  ••  Mtinidpal  Government  in  Great  BriUin."  By  ALSSar  SHAW.  P|^  jiS. 
Price,  la.oo.    New  York  :  Century  Company.  189J. 

[809] 


158  Annai3  of  thk  American  Academy. 

a  new  one.  In  the  nine  chapters  Dr.  Shaw  deals  with  the  following 
questions  : 

First.  The  Growth  and  Problems  of  Modem  Cities.  In  this  chap- 
ter the  rapid  growth  of  cities  in  the  older  countries  of  Europe  is  shown 
to  contrast  very  favorably  with  the  increase  in  newer  countries,  espe- 
cially in  the  United  States.  Second,  The  Rise  of  British  Towns,  the 
Reform  Acts,  and  the  Mimicipal  Code.  Third,  The  British  System  in 
Operation.  In  this  chapter  the  municipal  franchises  and  the  methods 
of  nomination  and  election  are  examined  in  detail.  Fourth,  A  Study 
of  Glasgow,  which  contains  a  most  interesting  account  of  the  social 
work  which  the  city  has  undertaken.  Fifth,  Manchester's  Municipal 
Activities.  As  in  the  preceding  chapter.  Dr.  Shaw  lays  a  special  stress 
on  the  activity  of  the  city  in  those  fields  which  we  are  accustomed  to 
regard  as  extra-municipal.  Sixth,  Birmingham,  Its  Civic  Life  and 
Expansion.  The  author  here  confines  himself  more  closely  to  the 
ordinary  municipal  functions,  giving  us,  however,  much  interesting 
information  concerning  the  artisans'  dwellings.  Seventh,  Social  Activ- 
ities of  British  Towns.  Eighth,  The  Government  of  London.  Ninth, 
Metropolitan  Tasks  and  Problems. 

In  an  appendix  we  are  given  the  reprints  of  English  Municipal 
Code,  the  London  (Progressive)  Platform,  and  the  Report  of  the 
Royal  Commission  of  1894,  appointed  to  recommend  a  scheme  for  the 
complete  municipal  unity  of  the  old  City  and  County  of  London. 

••The  Problem  of  Police  Legislation  in  New  York  City."  By  Dor- 
man  B.  Eaton.  Paper.  Pp.  36.  New  York  :  G.  P.  Putnam's  Sons. 
Price,  twenty  cents.  A  series  of  papers  originally  published  in  the 
New  York  Times.  Mr.  Eaton  advocates  the  ••commission"  as  op- 
posed to  the  •*  single-headed  "  administration  of  the  police  department 

♦•The  Meaning  of  History  and  Other  Historical  Pieces."  By  Fred- 
eric Harrison.  Pp.  490.  New  York :  Macmillan  &  Co.  Price, 
I2.25.  Contains  several  interesting  essays  on  the  city — Ancient,  Med- 
iaeval, Modem  and  Ideal. 

"Suggestions  on  Government."  By  S.  E.  MoPFETT.  Pp.  200. 
Chicago  :  Rand,  McNally  &  Co.  Price,  |i.oo.  A  series  of  essays  on 
the  referendum,  proportional  representation,  etc. 

Professor  John  R.  Commons,  of  Indiana  University,  has  just  published 
an  outline  of  a  course  of  seven  lectures  on  •  •  City  Government. "  These 
lectures  cover  the  questions  of :  ••  Population  and  the  Ballot,"  ••Home 
Rule  for  Cities,"  "Municipal  Administration,"  •'Municipal  Council," 
'•  City  Schools,"  ••Temperance  and  Justice,"  and,  '•  Expenditure  and 
Revenue."  In  the  course  of  these  seven  lectures.  Professor  Commons 
touches  upon  most  of  the  problems  of  city  government,  giving  very 
excellent  bibliographical  references.     Of  special  interest  is  the  second 

[810] 


Notes  on  Municipai,  Government.  159 

lecture,  in  which  the  relation  of  the  city  to  the  State  is  carefully 
examined. 

The  National  Municipal  League  has  published  a  fourth  pamphlet 
containing  the  constitution  and  by-laws  of  a  number  of  reform  associ- 
ations throughout  the  country.  The  following  is  a  list  of  those  in- 
cluded in  this  publication  :  Municipal  League  of  Philadelphia,  City 
Club  of  New  York,  Citizens*  Association  of  Boston,  Baltimore  Reform 
League,  Civic  Federation  of  Chicago,  Good  Government  Club  of  San 
Francisco,  Law  Enforcement  Society  of  Brooklyn,  and  the  Civic  Club 
of  Philadelphia. 

The  American  Society  for  the  Extension  of  University  Teaching  has 
published  the  syllabus  of  a  course  of  six  lectures  delivered  by  Dr. 
Albert  A.  Bird,  Staflf  Lecturer  to  the  Society,  on  "The  American 
Citizen."  *  Dr.  Bird  devotes  two  lectures  to  the  Federal  Government, 
one  to  political  parties  and  representation,  another  to  election  laws, 
party  organization  and  methods ;  the  fifth  to  municipal  government, 
and  the  concluding  lecture  to  our  civil  service  and  its  reform.  In  the 
fifth  lecture.  Dr.  Bird  deals  with  the  rise  of  the  problem  of  municipal 
government,  and  the  social  consequences  of  the  rapid  growth  of  the 
urban  population,  the  general  machinery  of  city  government ;  the 
scope  of  municipal  activity ;  the  causes  of  inefficiency  and  the  sng- 
gested  remedies  for  reform. 

In  the  Quarterly  Journal  of  Ecofwtnics  for  Januar>',  1895,  Professor 
William  Smart,  of  Glasgow,  gives  an  interesting  account  of  the  munici- 
pal industries  of  that  city.  The  most  successful  of  these  has  been  the 
gas  works.  The  city  supplies  gas,  with  a  candle-power  of  3 1.3  at  about 
sixty-one  cents  per  thousand  cubic  feet.  The  policy  has  been  to  run 
the  works  with  little  or  no  profit ;  in  case  there  is  a  surplus  above  run- 
ning expenses  and  interest  charges,  it  is  used  for  further  improve- 
ments or  reduction  in  price.  The  experience  of  Glasgow  in  its  e£brt 
to  improve  the  sanitary  condition  of  the  most  congested  dislricta, 
through  the  condemnation  and  purchase  by  the  city  of  the  most  unsani- 
tary portions,  is  reviewed  by  Professor  Smart.  Although  the  financial 
returns  to  the  city  have  not  as  yet  been  of  a  kind  to  justify  this  whole> 
sale  purchase  of  property,  from  a  purely  fiscal  standpoint,  the  reason 
is  to  be  found  in  the  depresse<l  condition  of  the  real-estate  market, 
rather  than  in  any  lack  of  foresight  on  the  part  of  the  authorities. 
The  city  has  built  on  the  property  which  it  now  owns,  seven  model 
lodging  houses,  and  will  shortly  expend  |50o,ooo  in  the  constnaction 
of  model  tenements. 

In  the  Contemporary  Review  for  January  Mr.  Sidney  Webb  reviews 

*PTic«  ten  cents.    American  Society  for  the  Rxtcasion  of  UaiTeraity  TwcfalaCi 
PhiladclphU. 

[811] 


i6o  Annals  of  the  American  Academy. 

the  work  of  the  London  County  Council.     During  the  six  years  of  its 
existence,  the  changes  eflfected  in  administrative   organization   and 
methods  of  work  amount  to  little  short  of  a  revolution.     Mr.  Webb 
discusses  in  detail  the  admirable  system  of  conducting  the  business  of 
the  coimcil.     Through  the  printing  of  all  propositions,  resolutioi 
recommendations  of  committees  and  reasons  therefor,   unuecess£ 
discussion  is  prevented.     Interesting  details  concerning  the  work 
the  committees  of  the  council  are  given.     The  greatest  achievem< 
has  been  in  the  improved  sanitary  drainage,  which  has  replaced  tl 
"Thames  pollution "  system  of  former  years.     Over  one  thousai 
acres  have  been  added  to  the  park  system  of  the  city  in  a  large  numl 
of  open  spaces;  model  lodging-houses  and  improved  dwellings  coi 
structed  by  the  municipality,  are  rapidly  being  opened,  educationi 
facilities  are  being  made  more  varied  and  accessible  to  all.     In  fact 
every  municipal  department  has  the  most  gratifying  results  to  show 
the  result  of  the  new  life  which  the  County  Council  has  instilled  into 
London  local  activity.     And  all  this  has  been  done  at  a  merely  nom- 
inal increase  in  the  rate  of  taxation. 

The  Engineering  Magazine  for  February  contains  two  interesting 
articles,  one  by  Colonel  George  B.  Waring,  Jr.,  the  present  Commit 
sioner  of  Street  Cleaning  of  New  York  City,  on  "  Municipal  Cleansin| 
and  Public  Health,"  the  other  by  Mr.  Dwight  A.  Jones,  on  the  **  Reh 
tion  of  Railways  to  Municipalities."  Colonel  Waring  discusses  tl 
sanitary  surroundings  of  great  cities  and  maintains  that  their  coi 
dition  is  to  be  tested  by  '*  the  *  health  rate '  rather  than  by  the  *  deai 
rate. '  There  are  more  deaths  in  the  United  States  every  year  froi 
distinctly  preventable  diseases,"  he  says,  "than  have  been  caused 
yellow  fever  and  cholera  together  in  all  the  thirty  years  since  tl 
war."  The  subject  is  to  be  viewed  from  the  standpoint  of  (i)  coi 
struction,  and  (2)  administration.  Of  the  two  the  latter  is  the  mor 
important.  Mr.  Waring  lays  stress  upon  the  necessity  of  acti'' 
co-operation  of  the  citizens  in  the  work  of  keeping  the  streets  f« 
from  refuse. 

The  December  number  of  the  Jahrbiicher  fur  Nationalokonomx 
und  Statistik^  contains  the  second  of  a  series  of  articles  by  Dr.  Wil 
Verges  on  "The  Origin  and  Growth  of  German  Cities  and  Their  G01 
emment."     In  the  January  number  A.  Wirminghaus  publishes  th< 
first  of  a  series  of  articles  on  the  relation  of  urban  to  rural  population^ 
It  is  interesting  to  note  that  the  increase  of  population  in  the  Germai 
Empire  has  been  confined  exclusively  to  cities  and  towns  with  a  poj 
ulation  exceeding  2000.     There  has  been  not  only  a  relative,  but 
absolute  diminution  of  rural  population  during  the  period  1870-1J 
This  is  brought  out  clearly  in  the  following  table  : 

[312] 


Notes  on  Municipal  Government. 


i6i 


Year. 


1^ 


Urban 
Population. 


14.790,798 
16,657,172 
»8.7ao>53o 

23,243.229 


36.1 
390 
4M 
43-7 
47.0 


Rural 
Population. 


a6.5>3.53« 
26^7<>.9a7 
26,185,241 


t| 


63.9 
61.0 

56.3 

SJ.0 


ToUl. 


4i/)sS.79a 
49U»i47o 


i.oo 
I  14 
0.70 
1.07 


Cities  with  a  population  of  over  100,000  which  contained  but  4.8  per 
cent  of  the  total  inhabitants  in  1871,  represented  JI.4  per  cent  in  189a 

The  same  phenomena  is  to  be  found  in  France,  where  the  iirb«n 
population  (in  cities  of  over  2000)  has  increased  from  8,646,743  in 
in  1846,  to  13,766,508  in  1886,  whereas  the  rural  population  ha«  de- 
creased from  26,753,743  to  24,452,395  during  the  same  period.  Tlie 
same  is  true  of  Austria,  where  the  urban  population  formed  leas  tbmn 
ao  per  cent  of  the  total  in  1843,  while  in  1890  more  than  one-third 
reside  in  cities  with  a  ]K)pulation  exceeding  2000.  In  England  the 
urban  population  formed  but  50  per  cent  of  the  total  inhabitants  in 
1850 ;  in  1891  the  percentage  had  increased  to  71.7  per  cent 

The  Revue  Politique  ei  Parlefnentaire  presents  an  article  on  "  The 
Budget  of  the  Ministry  of  the  Interior,"  by  Mr.  Joseph  Reinach.  Mr. 
Reinach  discusses  the  results  of  a  decentralizing  policy  aa  regards 
local  police.  With  the  excef)tion  of  Paris  and  Lyons,  the  control  oirer 
the  local  police  is  given  to  the  local  authorities.  The  author  daima 
that  this  policy  has  been  detrimental  to  the  efficient  adminiatnUioo  of 
police  matters.  The  remedy  for  the  laxity  in  the  administxmtkm  of 
this  department  is  the  direct  administration  of  the  police  departmait 
by  state  authorities. 


[813] 


SOCIOLOGICAL  NOTES. 


[The  editor  of  this  department  is  glad  to  receive  notes  on  all  topics  of  interest  to 
sodologrists  and  persons  working  along  sociological  lines  in  the  broadest  accepta- 
tion of  the  term.  It  is  not  the  purpose  of  these  columns  to  define  the  boundaries 
of  sociology,  but  rather  to  group  in  one  place  for  the  convenience  of  members  of 
the  Academy  all  available  bits  of  information  on  this  subject  that  would  otherwise 
be  scattered  throughout  various  departments  of  the  Annals.  The  usefulness  of 
this  department  will  naturally  depend  largely  on  the  measure  of  co-operation  ac- 
corded the  editor  by  other  members  of  the  Academy. 

Among  those  who  have  already  indicated  their  interest  and  willingness  to  con 
tribute  are  such  well-known  workers  along  sociological  lines  as  Professor  F.  H, 
Giddings  (Columbia  College),  Professor  W.  F.  Willcox  (Cornell  University),  Dr, 
John  Graham  Brooks  (Cambridge,  Mass.),  Dr.  S;.  R.  Gould  (Johns  Hopkins  Uui 
versity),  Mr.  John  Koren  (Boston),  Hon.  Carroll  D.  Wright  (Washington,  D.  C), 
Professor  E.  Cheysson  (Paris),  Mr.  Robert  D.  McGonnigle  (Pittsburg,  Pa.),  Presl 
dent  John  H.  Finley  (Knox  College),  Miss  Emily  Green  Balch  Qamaica  Plain6, 
Mass.),  Miss  M.  K.  Richmond  (Baltimore,  Md.),  and  others.] 

Theory  of  Sociology. — Educational  influence  of  machinery  on  work- 
men. Mr,  Alex.  E.  Outerbridge,  Jr. ,  of  the  machine  tool  works  of 
Wm.  M.  Sellers  &  Co.,  Philadelphia,  recently  made,  in  the  course  of  an 
address  to  the  students  in  sociology  of  the  University  of  Pennsylvania, 
a  strong  and  vigorous  protest  against  the  common  belief,  to  some 
extent  supported  by  orthodox  economic  writers,  that  machinery  exerts 
a  bad  influence  on  its  operators,  tending  to  make  them  become  less 
intelligent  economic  members  of  society  unless  these  influences  are 
counteracted  by  other  social  forces.  Mr.  Outerbridge's  long  experi- 
ence at  the  head  of  a  large  establishment  where  the  most  numerous 
and  latest  experiments  in  machinery  are  introduced,  entitles  his 
opinion  to  careful  consideration.  The  following  extract  is  taken  from 
his  address : 

"  With  regard  to  the  influence  of  mechanical  occupation  upon  the 
mental  and  moral  development  of  the  workingman,  I  have  formed 
some  decided  opinions  as  the  result  of  many  years  of  observation.  I 
am  satisfied  that  even  an  insensate  machine,  in  which,  however,  the 
intelligent  and  skilled  designer  has  embodied  his  own  mental  faculties 
into  its  material  combinations,  so  that  it  is  constrained  to  do  his  will 
when  power  is  applied,  performing  accurately  the  most  complex  oper- 
ations, exerts  a  stimulating  educational  influence  upon  the  care  ten- 
der, even  though  he  may  be  an  illiterate  man  or  boy.  entirely  uncon- 
scious of  this  influence.  I  am  thus,  from  daily  practical  observation, 
at  variance  with  those  theorists  who  maintain  that  mechanical  occu- 
pation is  necessarily  narrowing  to  the  intellect 

[814] 


Socio WKJicAL  Notks.  163 

*  If  you  give  a  boy  of  average  capacity  the  simplest  routine  work 
to  do  in  connection  with  a  machine,  perhaps  it  is  merely  to  feed  it 
with  raw  material,  he  will  at  first,  in  all  probability,  perform  his  task 
in  a  purely  perfunctory  manner,  taking  little  interest  in  the  work  and 
having  no  comprehension  of  the  mechanism  of  the  machine.  Little 
by  little,  however,  the  constant  repetition  of  mechanical  movements, 
producing  always  one  uniform  result,  impresses  itself  upon  his  latent 
powers  of  comprehension,  the  underlying  principles  and  heretofore 
hidden  motive  of  the  seemingly  inexplicable  combination  of  wheels 
and  gears  is  revealed,  and  simple  order  is  evolved  out  of  com|dezity, 
a  new  interest  is  developed  and  the  boy  becomes  an  intelligent  opera- 
tor. On  revisiting  the  establishment  at  the  end  of  some  months,  yoa 
may  find  the  same  machine  and  the  same,  yet  not  the  same,  attendant 
He  has  become,  it  may  be,  an  expert;  he  is  now,  perhaps,  the  master  of 
the  machine,  knowing  its  imperfections  and  sometimes  even  raggesl- 
ing  improvements  which  had  been  previously  overlooked. 

"The  influence  upon  the  operative  of  daily  contact  with  machinery 
is  thus,  in  my  judgment,  a  potent  one,  enlarging  his  mental  horizon, 
giving  him  more  accurate  perceptions  of  the  true  relation  of  parts 
and  fitness  of  things  and  elevating  him  intellectually  above  the  aver- 
i^  plane  of  the  skillful  handicraftsman. 

"  If  wc  had  time  to  dwell  upon  this  interesting  phase  of  psycholog- 
ical study,  I  might  even  go  a  step  farther  and  say  that  I  believe  it  is 
possible  to  trace,  through  the  machine,  back  to  the  inventor,  a  posi- 
tive and  continuing  influence  of  his  mind  upon  tlie  mind  of  the 
operator.  I  cannot,  at  this  time,  lead  you  on  this  path  farther  than 
to  point  out  the  direction  of  thought  and  give  you  some  illustntions 
of  those  features  of  mechanical  occupation  which  are  of  the  greatest 
interest,  I  think,  to  the  student  of  sociology,  viz. :  The  correlative 
influence  as  revealed  in  such  studies  of  mind  upon  matter,  and  of 
matter  upon  mind. 

"  I  believe  that  every  novel  machine  pOMesses  aooicthing  of  the 
personality  of  its  creator. 

"  Suppose,  for  example,  that  a  number  of  inventors,  being  in  dif- 
ferent parts  of  the  world,  surrounded  by  different  environments, 
having  different  necessities,  experiences  and  conveniences*  are  all  en- 
gaged independently,  at  the  same  time,  in  solving  some  new  problem 
in  mechanics,  or  in  designing  some  novel  machine  to  perform  Mpedal 
work  (we  have  had  a  plethora  of  such  illustrations  of  recent  yean 
in  the  number  of  new  inventions  in  connection  with  the  employment 
of  electricity  for  various  utilitarian  purposes)  you  will  find  that  dif- 
ferent minds  volve  different  methods  of  aocompUahing  one  ultimate 
result 

[815] 


164  Annals  of  the  American  Academy. 

' '  One  inventor  will  proceed  by  the  most  direct  method  to  attain  the 
final  end,  another  will  take  a  more  devious  course  and  produce,  it 
may  be,  a  more  complicated  machine  yet  it  may  also  be  difficult  to 
decide  upon  their  relative  merits,  since  one  may  gain  in  refinement 
and  accuracy  what  it  loses  in  other  features.  Each  machine  exhibits 
in  its  design  the  mental  process  of  the  inventor,  and  each  has  there- 
fore a  distinct  individuality  emanating  from  its  creator  incorporated 
in  it  and  this  in  turn  exerts  a  continuing  influence  upon  the  mind 
the  operator. 

"The  educational  influence  of  mechanical  occupation  upon 
workingman  is  strikingly  illustrated  in  still  another  manner. 

"  We  have  in  this  establishment  (and  the  same  may,  without  doubt, 
be  observed  elsewhere)  not  one,  but  many,  employes  who  exhibit  as 
much  skill  in  their  special  work  as  that  of  well-known  original 
scientific  investigators.  They  are  daily  performing  operations  as 
delicate  in  their  way  as  the  work  of  the  microscopist  and  with  a  de- 
gree of  accuracy  amazing  to  the  novice.  Take  the  simple  operation 
of  calipering  a  tube  or  measuring  a  rod  and  you  will  find  mechanics 
dealing  quantitatively  with  fractions  of  an  inch  which  ordinary  people 
totally  disregard. 

•'The  most  perfect  machine  ever  constructed  only  approaches, 
never  realizes,  the  ideal  of  its  designer  or  constructor,  and  it  is 
therefore  impossible  to  entirely  eliminate  from  the  work  done  by 
it  the  *  personal  equation '  of  the  operator.  You  may  see,  for  ex- 
ample, in  these  works  an  immense  planing  machine  taking  a  final 
scraping  cut  from  the  surface  of  a  piece  of  metal,  and  it  may  seem  to 
your  sight  and  touch  as  smooth  as  a  mirror,  yet  the  inspector  will 
casually  rub  his  finger  over  the  surface  and  detect  ridges  not  exceeding 
perhaps  a  few  thousandths  of  an  inch,  the  work  resembling  to  him 
a  plowed  field,  and  if  the  fiirrows  exceed  a  most  minute  allowance, 
the  operation  must  be  repeated  again  and  again,  until  the  minute  im- 
perfections of  the  man  and  of  the  machine  have  been  eliminated  from 
the  work. 

"It  is  therefore  not  merely  the  ability  to  turn  out  a  maximum 
amount  of  work  in  a  given  time  from  any  machine  tool  which  consti- 
tutes the  skilled  mechanic  No  matter  how  nearly  automatic  the  ma- 
chine may  be,  it  is  still  subject  to  human  guidance,  and  no  matter  how 
nearly  perfect  its  construction,  its  work  is  still  subject  to  final  correc- 
tion by  that  most  wonderful  of  all  machines,  the  human  hand  guided 
by  the  human  mind." 

College  and  Social  Settlements. — King sley  House,  Pittsburg,  Pa.,  is 
enlarging  its  field  of  usefulness  this  winter.  An  additional  house.  No. 
1725  Penn  avenue,  has  been  secured  and  the  work  is  being  carried  on 

[816] 


Sociological  Notrs.  165 

there  as  well  as  at  1 705  Penn  avenue.  About  twenty  duba  are  organiml 
in  the  College  Settlement  and  Miss  Everest,  the  superintendent,  has 
mcceeded  in  obtaining  an  increased  number  of  workers. 

**  Social  Staiistics  of  a  City  Parish;'*  is  the  title  of  a  {Munphkt 
issned  by  the  Church  Temperance  Society,  Church  Missions  House, 
Ponrth  avenue  and  Twenty-second  street.  New  York.  It  contains  the 
results  of  an  investigation  of  the  social  facts  concerning  a  small  bat 
well  defined  section  of  New  York  City.  The  plans  showing  location 
of  churches  and  saloons  give  a  graphical  representation  of  some  of 
the  statistics  gathered.  Eight  women  entmicrators  gathered  the  ma- 
terial on  well-outlined  blanks  of  inquiry  containing  questions  which 
covered  the  following  general  lines  of  investigation  :  Family,  occnpa- 
tion  (skilled  or  unskilled),  wages,  hours  of  labor,  rooms,  rentals* 
creed,  social  and  sanitary  conditions,  agencies  (bad  and  good).  The 
results  are  then  grouped  according  to  nationalities.  Much  in  this 
fifty-page  pamphlet  appeals  especially  to  the  readers  for  which  it  was 
prepared.  Some  of  it  cannot  fail  to  interest  all  students  of  social 
problems  and  it  ought  to  serve  as  a  model  for  a  kind  of  work  that  we 
might  expect  our  social  settlements  to  do  more  of  than  they  have 
done  in  the  past. 

Tenement  Houses. —  The  New  York  Tenement  House  Committee  of 
1894,  of  which  Mr.  R.  \V.  Gilder,  of  the  Century,  was  chairman,  and 
Mr.  Edward  Marshall,  secretary,  reportetl  to  the  Legislature  on  January 
16,  1895.  The  report  with  recommendations,  but  without  plana  and 
evidence  taken,  has  been  printed  and  covers  twenty-seven  good  sized 
p^es.  It  discusses  the  work  of  the  committee  and  the  methods 
pursued,  describes  the  condition  of  the  worst  tenement  houses  and 
their  population.  The  tenement  house  population  of  New  York  in 
1893  was  estimated  at  1,332,773  persons  living  in  39,138  houses,  but  of 
this  number  only  four- fifths  really  belong  to  the  class  usually  desig- 
nated by  that  term,  tlie  remainder  living  in  flats  and  apartment 
houses.  In  the  real  tenement  sections  of  the  city  the  overcrowding  is 
gfreat  and  the  density  of  population  for  these  sections  "greater  than 
that  of  any  other  city  in  the  world."  The  dangers  from  fire  under 
present  laws  of  construction  are  very  great,  and  the  recommcndatioos 
in  connection  with  this  point  are  numerous  and  specific.  In  all  the 
committee  makes  twenty-one  specific  recommendations,  grouped  un- 
der the  following  general  hea<lings :  (i)  Destruction  of  Unsanitary 
Buildings ;  (2)  Regarding  Construction  of  Tenement  Hooses  Hereafter 
to  be  Built;  (3)  PrevenUonof  Fire;  (4)  Height  of  Basement  CeUings 
above  Ground  ;  (5)  Removal  of  Wall  Paper ;  (6)  Lighting  of  Halls; 
(7)  Overcrowding ;  (8)  Use  of  Tenement  Houses  for  Lodging  Houses, 
Stables  and  for  Storage  and  Handling  of  Rags ;    (9)  Discretionary 


1 66  Annals  of  thk  American  Academy. 


Powers  of  the  Board  of  Health  ;  (lo)  Filing  of  Owner's  Name  ;  (ii) 
crease  of  the  Health  Board's  Inspection  Force ;  (12)  Small  Parks,  with 
Playgrounds  ;  (13)  School  Playgrounds ;  (14)  Rapid  Transit ;  (15)  Mu- 
nicipal Bathing  Establishments;  (16)  Drinking  Fountains  and  I^ava- 
tories ;  (17)  Electric  Ivights  ;  (18)  Extension  of  Smooth  Pavements ;  (19) 
School  Houses  and  Kindergartens  ;  (20)  Prostitution  in  Tenement 
Houses;    (21)  Commission  on  Tenement  Houses. 

The  mere  enumeration  of  these  headings,  on  each  of  which  there 
was  at  least  one  specific  recommendation,  suffices  to  indicate,  in  so: 
measure,  the  breadth  and  thoroughness  of  this  investigation.     All 
recommendations  are  marked  by  a  spirit  of  moderateness  and  a  vi( 
to  their  practicability  without  disturbing  existing  business  conditi 
and  are  in  no  sense  the  ravings  or  dreams  of  fanatical  reformers, 
some  cases  the  committee  frankly  admits  that  it  would  like  to  mak 
more  radical  recommendation,  but  thinks,  at  the  present  time,  j 
thing  more  severe  would  be  prohibitory.     Perhaps  best  of  all  is 
last  recommendation,  tliat  the  present  Tenement  House  Board  of  ci 
officials  be  abolished.     A  permanent  board  of  such   a  nature  is  not 
likely  to  do   any  good,    and  the  committee  wisely   recommends 
periodical  (every  five  years)  investigation  by  a  special  committee,  as 
the  present  case.     The  whole  report  was  discussed  publicly  and  en 
siastically  approved  by  leading  economists  and  philanthropists  at 
large  mass  meeting  held   in   Cooper   Union,    Wednesday  eveninj 
January  30. 

Sociological  Investigation. —  Work  for  Churches.     Clergymen  of  all 
denominations  have  of  late  been  among  the  most  eager  inquirers  o: 
all  social  questions.     Too  often  their  interest  has  not  been  sufficie: 
or  the  demands  on  their  time  and  strength  have  been  too  great,  to  e 
able  them  to  give  the  patient  and  careful  study  to  the  actual  social  coi 
ditions  around  them,  not  to  mention  the  theories  and  experience 
others  that  is  absolutely  necessary  in  order  to  attain  any  adequal 
basis   for  thought  or  action.     The  dilettante  who  merely  desires  to 
gather  material  for  sensational  sermons  on  the  labor  question,  temper- 
ance, pauperism,  etc.,  is  very  apt  to  put  a  sufficient  number  of  ill-di 
gested  facts  and  fallacious  conclusions  together  in  the  limits  of  a  singl 
discourse  as  to  disgust  the  more  sober-thinking  element  of  his  con 
gation.     The  field  of  social  investigation  is  so  broad  that  it  is 
surprising  that  the  average  clergyman  who  wishes  to  do  nothing  but 
good  work  is  afraid  to  enter  it  unaided,  though  his  interests  cause  him 
pretty  constantly  to  keep  one  eye  on  the  neighboring  social  field 
somewhat  to  the  neglect  of  his  theological  patch,  where  doubtless  the 
law  of  diminishing  returns  has  begun  to  operate.     Many  as  are  the 
difficulties  that  stand  in  the  way  of  the  average  overworked 

[818] 


« 


no^l 


SocioiXKJicAL  Notes.  167 

and  deter  him  from  undertaking  serious  sociological  work,  there  are 
many  kinds  of  original  investigating  work  for  which  he  is  in  a  peculiarlj 
favorable  position.  Facts,  sociological /acts  of  every  description  mn 
needed  by  all.  The  very  gathering  of  these  is  one  of  the  best  kinds  of 
training  for  honest  and  clear  thinking  on  soda!  topics.  The  church, 
with  its  splendid  machinery-  and  coterie  of  sympathetic  workers,  ia 
admirably  suited  to  perform  an  invaluable  service  in  every  community 
by  gathering  and  publishing  full  and  accurate  facts  regarding  the  life 
and  doings  of  all  classes  in  the  respective  communitica.  Never  mind  if 
results  are  not  immediately  visible.  Some  of  tlic  patience  that  scieooe 
requires  in  the  collection  of  the  thousands  of  inductions  that  originate 
or  test  the  accuracy  of  every  valuable  scientific  discovery  ;  aoine  of  tlie 
•elf-abnegation  not  uncommon  in  the  scientific  world,  where  a  life 
may  be  devoted  to  the  mere  collection  of  data  to  be  used  in  generali- 
zation by  others  who  biiild  on  a  ready-made  foundation,  will  surely 
not  be  lacking  in  the  church.  We  all  can't  solve  the  ''social  qnea- 
tion  "  in  our  own  way  and  by  our  own  unaided  efforts,  and  yet  that 
is  what  so  many  reformers  are  trying  to  do.  We  all  can  contribute 
something  to  the  analysis  of  the  labyrinth  of  tangled,  knotted,  dia* 
torted  and  complicated  facts  that  form  the  outer  surface  of  all  oar 
social  questions.  Foreign  countries  and  cities  are  often  more  iavond 
than  we  are  in  America,  in  that  they  have  able  local  statistical  bnreaoa 
which  furnish  many  reliable  data  which  we  for  the  present  must  rely 
on  private  initiative  to  supply.  Every  clergyman  can  help  in  meeting 
the  deficiency  in  his  locality,  can  reap  a  benefit  for  himself  and  his 
church  through  the  reactionary  influence  of  such  work  on  church 
work,  and  can  directly  contribute  to  the  progrcaa  of  social  science  in 
the  United  States.  Mr.  Robert  Graham,  the  able  secretary  of  the 
Church  Temperance  Society  of  New  York,  has  published  several 
pamphlets  *  which  prove  that  valuable  results  come  from  the  appUca> 
tion  of  the  method  of  social  observation  and  investigation  to  the  liquor 
problem,  and  the  latest  pamphlet  published  by  that  society,  entitled, 
"Social  Statistics  of  a  City  Parish,"  f  goes  into  still  browler  linca  of 
investigation. 

The  letter  accompanying  a  copy  of  the  latter  pamphlet  which  was 
sent  to  the  rectors  of  Episcopal  parishes  in  New  York  City  is  ao  full  of 

•"Uqoordom  in  New  York  City."  By  KosmT  Ckaiiam.  Mew  Tttffc,  li^ 
rp.  a6. 

••Nrw  York  City  and  lU  Maatcra."  By  RoaaaT  OujmMU.  New  Yocfc,  iMy. 
Pp.  47.     Pricr,  twenty-fire  centa. 

"Chattel  MortiraKes  on  Saloon  Plstures  in  New  York  Cily."  By  BOOBT 
Ckaham.  New  York.  188R.  Pp.  w.  All  pabllahcd  by  Cbvrcb  Trapcraaor  •»- 
dely,  Ponrtb  Avenue  and  Twentyw^cond  Street.  New  Ycrk. 

t  Noticed  atxrre. 

[819] 


i6S 


AnnaIvS  of  the  American  Academy. 


valuable  suggestions  for  all  clergymen  that  we  reproduce  it  in  full, 
the  same  time  stating  that  this  department  of  the  Annai^  will  be  gh 
to  correspond  with  any  clergymen  who  desire  to  undertake  work 
this  nature  in  connection  with  their  parishes,  and  help  in  outlinii 
the  same  and  in  the  publishing  of  results  of  general  interest. 

Social  Statistics  of  Parishes. 

'Accurate  knowledge  of  facts  must  precede  all  remedies  for  evil 
This  is  the  unanimous  opinion  of  all  students  of  social  science  and 
all  charitable  societies  which  are  doing  their  work  in  an  intelligei 
way.  Yet  the  kind  of  facts  regarding  the  life  and  labor  of  the  peopt 
which  are  most  needed  as  a  basis  for  all  plans  of  social  advancemei 
have  never  as  yet  been  collected  and  tabulated  in  this  city ;  inde 
in  this  respect  New  York  is  as  much  an  unknown  region  as  the  w< 
of  Maine. 

"By  this  mail  we  forward  you  a  copy  of  a  pamphlet  lately  publishe 
by  the  Church  Temperance  Society,  entitled,  '  Social  Statistics  of 
City  Parish,'  it  being  an  elaborate  and  most  searching  investigatioi 
into  the  social  conditions,  nationalities,  creeds,  etc.,  of  the  populatiol 
residing  within  the  cure  of  St.  Augustine's  Chapel,  Trinity  Paris 
New  York. 

**The  work  of  emuneration  was  done  by  a  number  of  skillful  ladi 
visitors,  and  it  is  our  conviction  that  it  will  give  you  a  reliable  an< 
valuable  analysis  of  the  conditions  which  make  up  the  social  life 
that  congested  section  of  the  city  of  New  York. 

"  "We  beg  to  call  your  attention  to  this  pamphlet  and  ask  that 
will  carefully  examine  it.     It  is  believed  that  a  similar  investigatioi 
carried  out  in  all  the  great  parishes  of  the  city  would  materially  aid  il 
dealing  intelligently  with  the  serious  problems  that  present  themseh 
in  the  work  of  the  church. 

"There  can  be  no  more  pressing  question  than  that  of  how  to  brin| 
about  better  social  conditions  for  those  who  live  under  circumstance 
so  fatal  to  true  religion,  intelligent  citizenship  and  real  home  life. 

"In  addition  to  this  work  as  pertaining  to  great  cities  we  belies 
that  much  good  would  be  done,  by  a  more  limited  yet  important  invt 
tigation  in  smaller  towns  and  villages.     Aluch  hindrance  comes 
church  work  from  an  inaccurate  and  inadequate  knowledge  of  tl 
actual  conditions  of  their  respective  communities. 

"  It  would  be  within  the  power  of  almost  any  rector  to  secure  with^j 
out  expense  this  more  thorough  knowledge,  and  we  believe  that  sucl 
investigation  would  aid  to  a  remarkable  degree  the  intelligence  wit 
which  the  church  should  do  its  work,  and  bring  her  into  more  vit 
touch  with  the  social  life  of  the  people. 

[820] 


Sociological  Notks. 

**  We  suggest  inquiries  along  the  following  lines  and 
it  a  great  kindness  if  you  are  willing  to  give  ub  the  advantage  of  any 
criticisms  or  suggestions  that  occur  to  you  in  connection  with  thU 
work. 

"Trusting  that  you  will  kindly  give  the  pamphlet  yonr  consklera- 
tion,  we  remain  faithfully  yours, 

•'  Hbnrv  Y.  Sattbalkr,  Ckairmam. 
"Irving  Grinnklu 
"Pascal  Harrowuk. 
*' Church  Missions  House,        "  RoBBRT  Graham, 

4th  Ave.  and  22d  St..  Members  of  CommiiUt,** 

New  York." 


SteAj/icj.— Population  of  town  or  Tillage. 
Nationalities. 

Creeds  and  religious  affiliations. 
Membership  of  different  religious  bodies. 
Membership  ot  Sunday  schools. 
Average  church  attendance  of  men. 
&I0OIM.— Rules  governing  Excise  Board. 
Character  and  attitude  of  Bxcise 
License  fees. 
Manner  in  which  present  laws  are  kept  toochiaf 

Sales  on  Sunday. 

Sales  to  minors. 

Sales  to  drunkards. 


Many  other  topics  for  investigation  might  have  been  added  to  tiM 
above  list  Housing  and  sanitary  conditions,  rents,  wages  and  itcoM 
of  family  budget  are  very  important  items. 

Charities.— AVw  York  Association  for  Improtnng  the  Comditiom  0/ 
the  Poor.  This  society  which  has  been  so  valuable  an  aid  to  the 
carrying  out  of  true  scientific  charity  principles  by  rendering  prompt 
and  adequate  relief  to  worthy  cases  reported  by  the  Charity  Organisa- 
tion Society  of  New  York  and  other  organizations  as  well  as  individ- 
uals, completed  in  1S93  a  half-century  of  philanthropic  work.  The 
dematlds  for  relief  were  so  great  during  the  winter  of  1893-94  that  the 
annual  report  which  was  to  be  an  elaborate  one  was  not  issned.  It 
has  now  appeared  combined  with  the  report  for  1894  thus  making  a 
double  volume.*  The  work  of  the  society  is  distributed  among  six 
departments:  (i)  the  Department  of  Finance;  (a)  of  Temporary 
Relief;  (3)  of  Dwellings;  (4)  of  Food  Supply;  (5)  of  Schools  and 

*  1^-1893.  Scmi-Centennial  of  the  New  York  Association  Ibr  Inproriag  tk« 
Goadltion  of  the  Poor.  October.  1894.  New  York,  Uahcd  CbarHlcs  BoildlBf.  w% 
BMt  Twenty-second  Street.     Pp.  »75- 

[8»i] 


lyo 


Annals  of  the  American  Academy. 


Institutions  ;  (6)  of  Hygiene.     During  a  period  of  fifty  years  endin" 
September  30,  1894,  the  society  expended  12,250,000,  the  expenditures 
for  single  years  in  some  cases  amounting  to  nearly  |ioo,ooo,  and  in 
1894  amounting  to  |i  20, 506. 60..  This  report  with  its  eighty  appendices 
oflfers  much  material  for  the  detailed  study  of  the  different  depart- 
ments of  the  work  of  the  society  and  interesting  comparisons  wit 
similar  work  in  former  years.     The  society  experienced  three  vei 
trying  years  of  industrial  depression  and  distress  besides  the  winter 
1893-94,  and  the  record  as  far  as  it  goes  of  the  winters  of  1854-5J 
1857-58  and  1873-74  is  interesting  for  purposes  of  comparison. 

Pennsylvania. — The    question  of    abolishing  the   State   Board 
Charities,  and  establishing  a  Department  of  Charities  and  Correctioi 
at  Harrisburg  composed  solely  of  paid  officials,  is  again    before 
Pennsylvania  I^egislature.     The  expenditures  of  the  State  for  chs 
table  purposes  amounted  last  year  to  nearly  |i, 500, 000,  and  it  is  argue 
that  so  large  a  sum  warrants  the  expenditure  of  a  few  more  thousanc 
on  a  department  that  will  see  that  full  value  is  received  in  a  mu< 
better  way  than  a  board  of  unpaid  private  citizens  is  apt  to  do.     Tl 
will  naturally  bring  up  a  discussion  of  the  present  and  prospecti^ 
influence  of  politics  in  the  control  of  our  State  charitable  institutioi 
and  thus  give  room  for  much  difference  of  opinion  as  to  the 
method  to  pursue.     The  Twenty-fourth  Annual  Report  of  the  B( 
of  Commissioners  of   Public   Charities  for   1893*  has  just  been  di| 
tributcd,  and  the  Twenty-fifth  Annual  Report  is  about  going  to  pi 
The  condition  of  each  of  the  State  institutions,  and  of  man  3'  pri^ 
ones  under  State  supervision,  is  given  in  detail  by  the  Commission* 
visiting  them.     The  statistical  part  of  the  report  is  not  encouraginj 
indicating  as  it  does  increase  of  crime  and  pauperism,  overcrowdii 
of  many  institutions,  etc.     Court  proceedings  show  an  increase 
1893  over  1892  of  persons  tried  of  1502,  or  9.59  per  cent;  of  convictioi 
an  increase  of  319,  or  8.69  per  cent;  an  increase  of  221  in  the  penitc 
tiaries,  of  173  in   county  prisons,    of  28  in  the  workhouse,    and 
decrease  of  25  in  the  industrial  reformatory,  and  an  increase  of  53 
the  reformatories  for  boys  and  girls.     The  Eastern  Penitentiary,  whe 
solitary  confinement  is  supposed  to  obtain,  the  overcrowding  was 
great  (December  31,  1893)  that  1248  persons  occupied  720  cells, 
almshouse  population  of  the  State  was  22,950,  an  increase  of  229  o\ 
1892.     In  addition  to  these  persons  out-door  relief  was  extended 
22,269,  amounting  to  nearly  1300,000.     The  net  cost  of  almshoi 

*  "Twenty-fourth  Annual  Report  of  the  Board  of  Commissioners  of  Public  Chi 
itiesof  the  Commonwealth  of  Pennsylvania  for  1893,  also  the  Report  of  the  Gel 
eral  Agent  and  Secretary,  Statistics,  and  the  Report  of  the  Committee 
l,unacy."  Transmitted  to  the  legislature  January,  1894.  Official  Documc 
No.  17. 

[822] 


Socioi/x;icAL  NoTXS.  171 

and  out-door  relief  is  given  as  11,912.639.78.  The  ACCommocUtions 
lor  the  insane  are  barely  adequate,  though  the  removal  of  1000  chronic 
patients  to  the  new  asylum  at  Werueniville  filled  that  institntion  and 
left  the  State  hospitals  filled  to  their  proper  capacity.  The  report 
maintains,  therefore,  that  in  the  near  future  there  will  be  a  demand 
for  a  new  institution  for  the  care  and  treatment  of  the  inaane. 

Massachusetis.—Thc  Sixteenth  Annual  Report  of  the  State  Roard 
of  Lunacy  and  Charity  of  Massachusetts,*  covering  the  year  Septem- 
ber, 1893  to  September,  1894,  has  just  appeared.  The  numtier  of  inaaue 
in  the  State  under  supervision,  September  30,  1894,  was  6571,  of  which 
5551  were  in  hospitals  and  asylums,  809  in  town  almahouMra,  and  an 
in  private  families.  The  cost  of  support  in  the  State  huapitals  and 
asylums  was  1772,559.  The  poor  in  the  State  within  the  year  ending 
September  30,  1894,  were  : 

In-door  poor,  State  and  town,  average IV>99 

Out-door  poor,  State  and  town,  supported,  arenige, i^JM 

Out-door  poor.  State  and  town,  relieved 


Coat  of  support  and  relief,  towns fi.9ts,07* 

Coct  of  support  and  relief,  State JSMii 

The  report  contains  a  well-prepared  statistical  appendix  entitled 
"The  Pauper  Abstract"  From  one  of  these  tables,  an  exceedingly 
interesting  one  (page  xxxi),  it  appears  that  pauperism  in  the  cities  and 
towns  has  increased  greatly  and  steadily  since  1S74,  in  Iblassachnsetts, 
so  far  as  those  who  are  fully  supported  by  the  public  go.  The  number 
receiving  partial  support  does  not  vary  greatly  from  year  to  year. 
The  cost  to  the  people  of  Massachusetts,  however,  has  nearly  doubled 
in  the  period  1S74-94. 

Unemployed.— AVtt/  York  City,  Appendix  No.  13  (page  153)  of  the 
Semi-Centeunial  Report  of  the  New  York  Association  for  Improving 
the  Condition  of  the  Poor  f  gives  an  epitome  of  Miss  Btichanan's 
report  to  the  society  which  tabulates  the  answers  to  questions  sent  bj 
Mr.  Carlos  C.  Closson,  representing  the  "  Qtiarterly  Journal  of  Bco- 
nomics,"  to  Mayor  Gilroy  of  New  York,  and  referred  by  him  to  this 
society.  It  contains  a  good  summary  of  the  relief-work  done  In  New 
York  City  during  the  winter  of  1893-^4. 

Cincinnati,  C?.— The  annual  message  of  the  Mayor  of  Cincinnati 
for  1894  contains  a  r^sum^  of  the  relief  work  undertaken  by  the' city 
in  the  winter  of  1893-94.  Prom  the  census  taken  by  the  police 
force,   October   i,   1893.  it  appeared  that  7ox>  pgrwoa  were  o«st  of 

•  Public  Document  No.  17.    Boston.  1895. 
t  Noticed  under  heading  "  Charities"  above. 

f«»3] 


172  AnnaIvS  of  thk  American  Academy. 

euiploymeut,  aud  that  these  persons,  of  whom  5851  were  men,  the 
balance  women  and  children,  were  the  bread-winners  and  support  of 
over  25,000  people.  A  committee  of  citizens  in  conference  with  the 
I^Iayor  deemed  the  situation  sufficiently  serious  to  warrant  the  city 
giving  additional  employment.  The  Board  of  Ivegislation  appropriated 
;^3o,uoo  from  the  Contingent  Fund  to  be  placed  at  the  disposal  of  the 
Park  Board,  and  during  the  month  of  November,  and  up  to  December 
15,  1893,  1200  men  were  employed  on  the  parks,  2387  persons  applied 
for  work,  1891  were  examined  at  residences,  1013  were  recommended 
after  examination,  aud  878  were  not  recommended  for  one  of  the  fol- 
lowing reasons:  (i)  Not  found  at  address  given  ;  (2)  no  families  de- 
pendent, or  families  had  sufficient  income  for  maintenance  ;  (3)  few 
who  had  found  other  work  between  time  of  application  and  examina- 
tion. About  50  of  those  recommended  did  not  appear,  or  were  dis- 
charged for  good  cause  on  trial ;  200  additional  men  were  taken  from 
the  organization  of  the  unemployed,  and  1168  laborers  and  32  foremen 
and  time-keepers  in  all  were  employed  ;  $28,543.33  was  paid  in  wages, 
and  $1456.77  for  tools. 

A  second  bill  appropriating  1 100,000  became  law  February  i,  1894, 
and  up  to  April  i,  1894,  of  the  4495  applicants  for  work,  3140,  who 
were  the  main  support  of  17,000  persons,  were  employed  six  days  at 
eight  hours  each  at  fifteen  cents  an  hour  every  third  week.  All  appli- 
cants were  rigidly  examined  by  the  Associated  Charities  and  the  Po- 
lice Department.  A  fairly  good  system  of  employment  cards  was 
improvised  to  prevent  fraud.  Most  persons  employed  had  had  no 
experience  with  a  pick  or  shovel,  and  the  Mayor  estimates  that  the 
actual  value  received  from  the  labor  employed  will  not  exceed  fifty 
cents  on  the  dollar.  At  the  date  of  the  Mayor's  report  (April  i,  1894,) 
about  half  of  the  |;ioo,ooo  appropriation  had  been  expended. 

The  report  of  the  Board  of  Administration,  issued  in  February, 
J '^95.*  shows  that  the  balance  of  this  appropriation  was  expended  on 
the  parks  and  in  cleaning  and  repairing  the  streets,  and  that  the 
Waltr  Works  Department  was  authorized  to  issue  in  addition  $roo,ooo, 
of  which  $5o,cxx)  was  ex])ended  in  pay  rolls,  making  a  total  expendi- 
ture for  the  relief  of  the  unemployed  of  about  |i8o,ooo. 

Immigration.  Immia^ration  Restriction  League.  The  wide-spread 
feeling  that  the  time  has  come  when  there  should  be  a  more  careful 
sifting  of  the  immigration  to  our  shores,  has  found  expression  in  the 
formation  of  the  Immigration  Restriction  League.  It  was  organized 
in  Hf)ston  on  May  31,  1S94,  Init  now  has  members  in  nearly  every 
.Stale  in  llie  Union.  It  is  an  entirely  non-political  and  non-sectarian 
organi/atioii. 

•  I'p   »>-H.     Ciuciiinati.     The  Coinmercial  (iir/ette  Job  Print,  1S95. 

[824] 


Socioux;icAL  Notes.  173 

According  to  the  Constitution  its  objects  are:  "To  advocate  and  work 
for  the  further  judicious  restriction  or  stricter  regulation  of  immigra- 
tion, to  issue  documents  and  circulars,  solicit  facts  and  information 
on  that  subject,  hold  public  meetings,  and  to  aroose  public  opinion 
to  the  necessity  of  a  further  exclusion  of  elements  undesirable  for 
citizenship  or  injurious  to  our  national  character.  It  is  not  an  object 
of  this  league  to  advocate  the  exclusion  of  laborers  or  other  immi- 
grants  of  such  character  and  standards  as  fit  them  to  become  dtizcna." 

The  oflficers  of  the  league  are  :  President,  Professor  John  Fiske,  Cam- 
bridge, Mass.;  Vice-Presidents,  Mr.  Samuel  B.  Capen,  Boston;  Hon. 
George  F.  Edmunds,  Burlington,  Vt;  Hon.  George  S.  Hale,  Colonel 
Henry  Lee,  Mr.  Robert  Treat  Paine,  Hon.  Henry  Parkman,  Mr. 
Thomas  P.  Ring,  all  of  Boston;  Hon.  L.  Saltonstall,  Newton,  Mass.; 
Professor  N.  S.  Shaler,  Cambridge,  Mass.;  and  Professor  Richmotid 
Mayo-Smith,  New  York  City ;  Secretary,  Mr.  Charles  Warren,  4aB 
Exchange  Building,  Boston ;  Treasurer,  Mr.  S.  D.  Parker,  Boston. 
The  Chairman  of  the  Executive  Committee  is  Mr.  Robert  DeC.  Waid. 
The  annual  dues  are  one  dollar. 

The  league  has  issued  thus  far  five  publications,  Nnmber  one  is  a 
fpiftll  sixteen-page  pamphlet  on  "  The  Present  Aspect  of  the  Immigra- 
tion Problem."  Number  two  is  a  four-page  circular  containing 
statistics  as  to  the  character  of  the  immigration  into  the  United  States, 
etc.  Number  three,  another  sixteen-page  pamphlet,  contains  "  Various 
Facts  and  Opinions  Concerning  the  Necessity  of  Restricting  Immigra- 
tion." Number  four  is  also  a  four-page  circular  and  gives  "Twenty 
Reasons  Why  Immigration  Should  Be  Further  Restricted  Now.** 
Number  five  is  a  card  and  contains  the  "  Latest  InformaUon  Aboot 
Immigration,"  (December,  1894).  Any  of  these  publicaUons  can  be 
obtained  from  the  secretary,  428  Exchange  Building,  Boston. 

CURRENT  BIBLIOGRAPHY. 

Sociological  Theory:  

"The  Winning  of  the  West"  By  ThbodorB  Roo«vmtT.  VoL 
III.     Pp.  339.     New  York  :  G.  P.  Putnam's  Sons,  1894. 

••Suggestions  on  Government"  By  S.  B.  MoFFHTT.  "T-  » 
Chicago :  Rand,  McNally  &  Co.    (Has  a  discnsrion  of  the  Referend«n.) 

"  Towards  Utopia  :  Being  Speculations  in  Social  Evolnttoo.  By  a 
Free  Lance.     Pp.260.     New  York  :  D.  Appleton  &  Co. 

"  Evolution  and  Ethics  and  other  Essays."  By  Thol  H.  HUX1.BY. 
Pp.  347.  New  York  :  D.  Appleton  &  Co.  1894.  [This  voltmie  con- 
tains not  only  the  famous  Romanes  lecture  of  1893.  bnt  also  Prof«>r 
Huxley's  letters  to  the  Tinus,  attacking  General  Booths  Darkcrt 
England  scheme.]  ,       _ 

[825] 


174  Annals  of  the  American  Academy. 

"Social  Growtli  and  Stability."  By  D.  OsTrandkr.  Pp.  191. 
Chicago  :  S.  C.  Griggs  &  Co.,  1895. 

''Transformations  sociales.^'    Par  H.  DEpassE.    Paris  :  Alcan,  1894. 

''Quelques  questions  politiques,  tconomiqiies  et  sociales.'*  Par  I^. 
B.  Dufoussat,  1894.     Gu^ret. 

''Tratado  de  sociologiay     Par  M.  Sai,es  y  FerR]&.     Madrid,  1894. 

"Za  decadenza  delta  morality  ed  it  contagio  morale.^*  Par  L. 
RONCATi.     Bologna,  1894. 

*'Les  mouvements  inthieuts  de  la  population  en  France.^'  Par 
Victor  Turquan.    Refonne  sociale,  January  16,  1895. 

"Aspects  of  Social  I,ife  in  East  End  of  London."  By  Miss  S. 
Moody.  "Luxury,  a  Social  Study."  By  Paui,  LEROY-Beauweu^ 
Chautauquan,  January,  1895. 

"A  Scheme  of  Sociological  Study."     By  GEORGE  E.  ViNC 
Educational  Review^  New  York,  December,  1894. 

"Status  and  Future  ot  Woman  Suffrage  Movement."     By 
P.  jACOBi.    Forum,  December,  1894. 

"Burden  of  Indiscriminate    Immigration."      By  J.   H.    TwEl 
American  Journal  of  Politics ^  December,  1894. 

"  Modern  Penology."    By  G.  R.  Vicars.     Gentleman* s  Magazii 
London,  December,  1894. 

"  Nature  of  Sociology. "     By  Bernard  Mosks.    Journal  of  Poli 
cat  Economy,  Chicago,  December,  1894. 

"Political  Prophecy  and  Sociology."     By  Professor  H.  Sidgwic 
National  Review,  December,  1894. 

"  Assimilation  of  Nationalities. "  II.  By  R.  Mayo-SmiTh.  "Negro 
Suffrage  in  the  South."  By  S.  B.  WEEKS.  Political  Science  Quar- 
terly, December,  1894. 

"A  Study  of  the  Mob."  By  Boris  Sid  is.  "Present  Status  of 
Civil  Service  Reform."  By  Theodore  R00SEVE1.T.  Atlantic 
Monthly,  February,  1895. 

"Social  and  Economic  Legislation  of  the  States  in  1894."  By  W. 
B.  Shaw.  Quarterly  Journal  of  Economics,  January,  1895. 
^r  "  Die  historischen  und  die  orthodoxen  Nationalokonomen  in  ihrem 
Verhdltnisse  zurSociologie.**  Von  Giuseppe  Fiamingo.  Zeitschrift 
fur  Volkswirtschaft,  Socialpolitik  und  Verwaltung.  Vol.  Ill,  No.  4, 
Vienna,  1894.  [This  is  a  good  contribution  to  the  vexed  dispute  now 
waging  between  economists  and  sociologists  as  to  the  relation  of  their 
respective  fields  of  labor  to  each  other.] 

The  trustees  of  the  John  F.  Slater  Fund  have  recently  published  at 
Baltimore,  the  "Fourth  Occasional  Paper"  which  deals  with  the 
Negro  in  the  United  States,  and  is  chiefly  a  detailed  statistical  study 
going  back  as  far  as  1790. 

[826] 


SOCIOWXJICAI.  NOTBS.  1 75 

Socialism : 

"  Practicable  Socialism  :  Essays  on  Social  Reform. "  By  SAUVMhuid 
HbnrikttaBarnktt.    Pp.336.    New  York:  Longmans,  Green  &  Co. 

''Lesocialismc  tvangHiqucr  Par  J.  Angot  dvs  Rotours.  R€' 
form  Sociaie,  January  16,  1895. 

Labor  and  the  Social  Question : 

**La  quislion  sociak:'    Par  A.  Libssk.     Paris,  1894. 

"ZVj  Syndicais  enire  industruls  pour  rigUr  la  produciion  tn 
Brance:'    Par  Ci^UDio  Jannrt.     Reform  SociaU,  January  16.  1895. 

*'  Pullman  and  Paternalism."  By  C.  H.  Eaton.  ''A  Labor  TroiL** 
ByE.  M.  Burchard.    American  foumat  of  Pontics,  December.  1894. 

"Stock  Sharing  as  a  Preventive  of  Labor  Troubles."  By  L.  R. 
Bhrich.     Forum,  December,  1894. 

••The  Church  and  the  Labor  Question."  By  Hbnry  H,  Ba&BUL 
American  Magazine  of  Civics,  January,  1895. 

••  Report  of  the  Strike  Commission."  By  H.  P.  Robinson.  "The 
Labor  Church  and  Religion  of  the  Labor  Movement "  By  J.  Tebvob. 
/brwrn,  January-,  1895. 

"Significance  of  Recent  Labor  Troubles  in  America."  By  C.  D. 
Wright.  "Conditions  WTiich  Produce  the  Juvenile  Offender."  By 
W.  D.  Morrison.     International  foumal  of  Ethics,  January,  1895. 

''  V Industrie  du  chiffon  d  Paris  et  la  vie  des  chiffonniers."  Par 
Edodard  Puster,  premiere  partie,    Reforme  Sociaie,  January  i,  1895. 

'^  Le  Congrh  de  Milan  sur  les  accidents  du  travail.'*  Par  Louis 
Paulian.    foumal  des  Hconomistes,  November  15,  1894. 

**La  grH'e  des  mineurs  dans  les  houillhrs  d*Ecosse.  Par  J. 
Bailhachb.     La  Science  sociaie,  December,  1894. 

ChariUes: 

"  The  Charities  of  San  Francisco."  A  Directory  of  the  Bencrolent 
and  Correctional  Agencies,  together  with  a  Digest  of  the  Laws  meal 
directly  affecting  their  work.  Prepared  by  C.  K.  Jbnnbss.  M.  A-. 
and  published  for  the  Department  of  Economics  and  Social  Sdeaoe, 
Leland  Stanford  Jr.  University.     Pp.  93.     San  Prandsco,  1894. 

"  American  Charities  :  A  Study  in  Philanthropy  and  BcoBomka.'* 
By  Amos  O.  Warner,  Ph.  D.  Pp.  43a  New  York  :  T.  Y.  Crowell 
&  Co.  [Tliis  is  quite  the  best  treatise  that  has  appeared  on  Amerkaa 
Charities,  broad  in  its  scope,  well  written  and  accurate  in  details.  The 
introductory  part  treats  of  such  broad  topics  as  •*  PhiUathropy  and 
Economics  in  the  past,"  ••  Causes  of  Poverty."  "  Personal  Caoscs 
of  Individual  Degeneration."  "  Some  of  the  Social  Caoaes  of  Indi- 
vidual Degeneration,"  ••  Charity  as  a  Factor  in  Human  Selectioo  ;** 
the  other  parts  treat  of  "The  Dependent  Classes,"  ** Philanthropic 

[827] 


176  Annals  of  the  American  Academy. 

Pinancienng  "  and  "The  Supervision,  Organization  and  Bettennent 
of  Charities. "     An  appendix  contains  a  good  bibliographical  index.] 

"Zd:  lutte  contre  le  paupkrisme  en  Angleterre — La  Charity  Organi- 
zation Society.''    Pai  L.  VarIvEz.    Revue sociale et polit.y  No.  5,  1894. 

"Charity  That  Helps  and  Other  Charity."  By  Jane  E.  Robbins. 
Forum,  December,  1894. 

"Beginning  of   Charity   Organizations  in    America."     By    S. 
GURTEEN.     Lend  a  Handy  November,  1894. 

*' Le service  des  en/ants  assistSs.'*     Par  E.  Brueyre.    Revue ^ 
itique  ei  parlementaire,  December,  1894. 
Social  Institutions— T:^^  Family,  the  Church; 

"  History  of  Marriage— Jewish  and  Christian — in  Relation  to  Hh 
and  Certain  Foi hidden  Degrees."    By  H.  M.  LUBBOCK,  D.  D.  Pp.  326. 
New  York  :  Longmans,  Green  &  Co. 

"Catholic  and  Protestant  Countries  Compared."  By  Ai,frei> 
Young.  Pp.  628.  New  York  :  Catholic  Book  Exchange.  [Written 
from  the  Catholic  point  of  view  to  defend  the  influence  of  the  Catholic 
Church  in  moulding  and  shaping  intelligence  and  morality.] 

"  Le  Vatican,  les  Papes  et  la  Civilisation  :  Le  Gouvemment  Central 
de  VEglise.''  Paris,  Didot :  New  York,  Dyrsen  and  Pfeififer,  1895. 
[The  illustrations  throughout  this  volume  are  numerous  and  well 
executed  and  are  perhaps  of  more  value  than  the  text.] 

''Le  Homestead,  le  foyer  de  famille  insaisissable.''     Par  L. 
CORNIQUET.     Paris,  1895. 

''Die  Mitarbeit  der  Kirche  an  der  Losung  der  sodalen  Fragi 
Von  Martin  v.  Nathusius.     Band  II.     "Die  Aufgabe  der  Kirc 
Pp.  VIII,  470.     Leipzig,  1894. 

Miscellaneous : 

"The  Production  and  Consumption  of  Wine  in  France."  Board 
of  Trade  f out nal,  London,  November  15,  1894. 

"The  Sweating  System  in  Philadelphia."  By  Frank  M.  Good- 
CHii,D.     Arena,  January,  1895. 

"Alien  Immigration."  By  GEOEERKY  DraGE.  Fortnightly 
Review,  January,  1895. 

"The  Industrial  Christian  Alliance  of  New  York."  By  A.  W. 
MiivBURY.     Review  of  Reviews,  January,  1895. 

"  Stadtische  Socialpolitiky  Von  Dr.  Victor  MaTaja.  Zeitschrift 
fur  Volkszvirtschaft,  Socialpolitik  und  Verwaltung.     Vol.  Ill,  No.  4. 

[This  article  is  a  small  book  on  the  subject,  covering  as  it  does  eighty 
quarto  pages.  It  treats  of  the  socialistic  tendencies  of  the  Common 
Councils  of  London  and  Paris  and  discusses  in  detail  the  Labor 
Exchanges,  Employment  Bureaus,  etc.,  in  various  countries.] 

[828] 


MAY.  xSfg. 

ANNALS 

OF  THE 

AMERICAN  ACADEMY 

POLITICAL  AND  SCX:iAL  SCIENCE 


UNIFORM  STATE  LEGISLATION. 

We  are  living  under  a  fourfold  system  of  law;  there  is,  ta 
every  State,  (i)  the  common  law  of  the  State  as  interpreted 
by  its  courts;  (2)  the  common  law  as  interpreted  by  the 
United  States  courts;  (3)  the  statutes  of  the  State,  and  (4) 
the  statutes  of  the  United  States. 

Can  the  complication  which  thus  arises  be  abated  ?  I  ibr 
one  have  no  desire  to  touch  our  system  of  State  and  federal 
government,  with  the  resulting  system  of  State  and  federal 
courts;  still  less  have  I  any  desire  to  touch  the  federal  coo-' 
stitution,  or  to  alter  that  great  principle  of  local  self-govern- 
ment under  which  our  sovereign  States  legislate  for  them- 
selves on  their  own  affairs — **  a  method  which  so  well  cocn- 
bines  Roman  power  with  Saxon  freedom. '  *  But  by  voluntary 
and  simultaneous  action — the  same  action  which  led  to  the 
adoption  of  the  federal  constitution— it  is  hoped  that  the 
several  States  may  gradually  be  brought  to  enact  the  same 
statutes  on  all  purely  formal  matters,  on  most  matters  of 
trade  and  commerce,  and  in  general  on  all  those  subjects 
where  no  peculiar  geographical  or  social  condition,  or  in- 
herited custom  of  the  people  demands  in  each  State  a  separate 

[829] 


2  Annai^  of  ths  American  Academy. 

and  peculiar  statute  law.  In  other  words,  we  think  that  the 
confusion  which  results  from  contradictory  statutes  may  in 
large  measure  be  obviated  without  any  great  modification  of 
the  statute  law  in  any  one  State,  by  merely  passing,  under 
the  general  head  of  *  *  acts  to  promote  national  uniformity  of 
law,"  new  and  simple  chapters  of  laws  in  cases  where  the 
uniform  law  is  diflferent  from  the  law  as  already  existing  in 
the  State.  In  most  cases  they  will  be  the  same;  for,  other 
things  being  equal,  we  shall,  of  course,  recommend  for  adop- 
tion the  lixw  existing,  already  in  the  greatest  number  of  States. 

Now  how  does  this  diversity  of  statute  law  arise  ?  Let  us 
consider  the  statute  law  of  the  original  thirteen  States,  and  the 
extent  to  which  they  have  simultaneously  adopted  the  com- 
mon law  of  England,  and  its  statutes.  The  inherited  body  of 
English  laws,  as  existing,  let  us  say,  July  4,  1776,  was  already 
somewhat  complex.  It  consisted:  (i )  of  the  common  law  of 
England  so  far  as  each  State  had  tacitly  adopted  it  as  suited 
to  their  condition  ;  and  further  so  far  as  they  had  expressly 
adopted  it  by  statute  at  this  or  a  subsequent  time;  (2)  of  the 
statutes  of  England,  or  Great  Britain,  amendatorj'^  to  the  com- 
mon law,  which  they  had  in  like  manner,  that  is,  tacitly  or  ex- 
pressly, adopted;  and  (3)  of  the  colonial  statutes  themselves. 

Here  we  may  observe  two  reasons  for  diversity:  (i)  In 
English  statute  law,  as  the  States  diflfered  very  widely  in 
the  completeness  with  which  they  adopted  it,  and  the  date 
to  which  they  brought  such  adoption,  and  (2)  the  difference 
existing  among  the  colonies  in  their  own  statutes.  This, 
however,  is  not  so  g^eat  as  would  be  supposed;  for  nearly  all 
colonial  statutes  were  more  in  the  nature  of  ordinances,  and 
concerned  such  matters  as  the  treatment  of  Indians  and  the 
financial  system  rather  than  the  general  common  law;  and, 
moreover,  after  the  Revolution  there  was  a  distinct  tendency 
to  adopt  the  same  laws,  even  though  the  colonial  laws  had 
differed.  For  instance,  in  the  case  of  the  inheritance  of 
land,  some  States  had,  before  the  Revolution,  the  rule  of 
primogeniture,  some  States — like   Massachusetts — gave 

[830] 


Uniform  State  Legislation.  3 

ddest  son  a  double  portion;  and  some  States  had  already 
adopted,  under  the  lead  of  Georgia,  the  system  universal  at 
present,  by  which  all  children  shared  equally. 

Considering  first  the  common  law  of  England,  Franklin  said 
of  it,  * '  The  settlers  of  colonies  in  America  did  not  carry  with 
them  the  laws  of  the  land  as  being  bound  by  them  wherever 
they  should  settle.  They  left  the  realm  to  avoid  the  incon- 
veniences and  hardships  they  were  under,  where  some  of 
these  laws  were  in  force;  particularly  ecclesiastical  laws, 
those  for  the  payment  of  tithes,  and  others.  Had  it  been 
understood  that  they  were  to  carry  these  laws  with  them, 
they  had  better  have  stayed  home  among  their  friends,  unex- 
posed to  the  risks  and  toils  of  a  new  settlement.  They 
carried  with  them  a  right  to  such  parts  of  the  laws  of  the 
land  as  they  should  judge  advantageous  or  useful  to  them; 
a  right  to  be  free  from  those  they  thought  hurtful,  and  a 
right  to  make  such  others  as  they  should  think  necessary, 
not  infringing  the  general  rights  of  Englishmen ;  and  such 
new  laws  they  were  to  form  as  agreeable  as  might  be  to  the 
laws  of  England." 

The  common  law  of  England  has,  in  thirty  States,  been 
expressly  adopted  by  a  statute  of  the  present  State,  the 
statute  being  adopted  in  most  cases  soon  after  the  Revolu- 
tion. Thus,  in  Maryland,  the  people  are  declared  entitled 
to  the  common  law  of  England  by  the  Mar>'land  declar- 
ation of  rights.  In  twenty-four  other  States  the  com- 
mon law  of  England  so  far  as  applicable  and  not  inconsistent 
with  the  constitution  and  laws  of  the  State,  or  such  part  of  it 
as  is  adapted  to  the  condition  and  wants  of  the  people,  what- 
ever that  may  mean,  is  adopted  and  declared  to  be  in  focce. 
In  five  other  States  such  parts  of  the  common  law  as  were  in 
force  in  the  colony  or  in  the  territory  previous  to  the  adop- 
tion of  the  State  constitution,  are  declared  in  force  if  not 
inconsistent  therewith. 

This  accounts  for  thirty  out  of  forty -six  States  and  Terri- 
tories.    Only  in  Florida  and  Dakota  there  is  declared  to  be 

[831] 


4  Annals  of  the  American  Academy. 

no  Conunoii  Law  cases  where  the  law  is  declared  by  |j 
the  cotles.  In  the  other  fifteen  States  and  Territories  the 
statntL'-l)0()ks  are  silent;  but  I  will  presume  that  in  all  the 
Connnon  Law  of  England  prevails;  for  the  only  States  about 
whicli  there  will  be  any  doubt,  namely  Texas,  Louisiana, 
New  Mexico  and  Arizona,  originally  French  or  Spanish 
States,  ])elong  to  the  class  which  have  expressly  adopted  the 
Common  Law.  We  see,  therefore,  that  there  is  no  great 
ground  for  diversity  liere. 

Taking  up  next  the  i{nglisli  statutes:  Here  we  find  a  great 
diversity.  Professor  Colby,  of  Dartmouth,  says,  ^'^  ' '  By  Eng- 
lish constitutional  usage  acts  of  parliament  passed  after  the 
settlement  of  any  American  colony  were  not  deemed  to  bind 
it  unless  it  was  named  therein,  f  Long  before  the  Revolution 
public  opinion  in  America  ordained  and  declared  that  no  act 
of  parliament  passed  after  the  settlement  of  any  American 
colony  ought  to  have  force  therein,  even  if  applied  to  it  in 
express  terms,  unless  adopted  in  it,  at  least,  by  tacit  consent. 
When,  therefore,  independence  was  proclaimed  and  State 
constitutions  were  adopted,  Engli.sh  .statutes  amendatory  of 
the  common  law,  only  "  so  far  as  applicable  and  not  incon- 
sistent with  the  laws  of  the  United  vStates  or  the  State  "  were 
declared  to  be  in  force  in  the  different  States.  But  in  this 
matter  the  original  vStates,  and  later  the  new  States,  have 
acted  with  true  iuiglish  irregularity,  and  so  added  to  the 
diversity  of  the  American  law." 

Indiana,  Illinois,  the  Virginias,  Missouri,  Arkansas,  Col- 
orado and  W\(nning,  adopt  all  hjiglish  statutes  which 
were  enacted  ]^rior  to  the  fourth  year  of  James  I.,  with  cer- 
tain S])erified  cxc'e])li()ns  even  there;  wliile  Rhode  Lsland 
and  I'lorida  adopt  all  statutes  up  t(^  the  time  of  the  Declara- 
tion of  In(k])endenee;  and  Pennsylvania  all  which  were  in 
force  on    M;iy   i(.»  of  the  year    1776;   and   New  York,  on  the 

•A'M:'--   .,f  J.-iiK  V    i--.    Coll'V   l.<  fore   Ciufton  .Sc  C(«js  Bar  Ass<jciation,  Jauuaiy 
t  I!l;uk.'t..n.  ,   V,.l.   :.  p.   ;<>. 


Uniform  State  Lbgislation.  5 

other  hand,  expressly  denies  any  effect  to  any  English 
statutes  in  New  York  since  May  i,  1788.  Thus,  in  Pennsyl- 
vania practically  all  English  statutes  enacted  before  May 
10,  1776,  are  in  force,  while  in  the  neighboring  State  of 
New  York  none  are. 

Nevertheless,  I  think  that  the  courts  of  all  States — includ- 
ing the  vast  majority  which  are  silent  on  this  point— do  in 
fiict  enforce  those  important  English  statutes  which  have 
grown  to  be  considered  as  part  of  the  Common  Law.  I  do 
not  believe,  therefore,  that  there  is  any  great  cause  for  di- 
versity here  again. 

Taking  up  next  the  colonial  statutes:     In  Massachusetts 
there  are  a  great  many  colonial  laws  which  are  very  inter- 
esting;   especially  tlie  collection  known  as  the  **  Body  of 
Liberties,"  and  which   have  probably  some  effect  on  the 
i  present  decisions  of  courts  in  that  State;   but  the  bulk  of 
I  them  are  of  interest  rather  from  the  sociological  point  of 
i  view.     It  comprises  ninety-eight  sections,  the  first  of  which 
I  is  identical  with  the  civil  rights  provision  of  the  English 
!  Petition  of  Right  to  Charles  I.     Twelve  other  sections  con- 
'  cem  similar  rights.      Section  9  regulates  monopolies  and 
patents;   and  Section  10  declares  lands  free  of  all  feudal 
!  systems  of  tenure.    Section  1 1  g^ves  power  to  w^ill;  and  there 
I  are  forty  other  sections  concerning  '*  rights  at  law."    Twcn- 
I  ty-one  sections  are  called  '*  Laws  concerning  liberties,  more 
I  particularly  concerning   freemen;"    four  sections  conccm- 
I  ing  "liberties  of  children,"  four  "of  servants,"  four  "of 
I  foreigners,"    while    only   two  consider  the    "liberties  of 
I  women." 

I  From  a  general  glance  at  the  Massachusetts  colonial  laws, 
I  it  appears  that  substantially  all  matters  now  covered  by 
statute  were  treated  of  in  them,  and  also  many  other  matters 
concerning  which  statute  regulation  would  now  be  inde- 
fensible; for,  as  we  all  know,  the  Puritan  commonwealth  in- 
terfered with  the  liberty  of  the  citizen  to  a  far  greater  extent 
than  we  would  suffer  the  State  to  do  nowadays. 

[833I 


6  Anxals  ok  thk  American  Academy. 

As  ail  example  of  llie  sort  of  colonial  statute  which  is  still 
in  force  to-day,  one  may  mention  that  statute  which  was 
universally  adopted  throughout  the  colonies  providing  that 
all  conveyances  of  land  shall  }yc  by  deed,  and  not  by  livery 
of  seisin;  and  establishing  the  relations  within  which  a  per- 
son may  not  marry. 

The  laws  of  New  Hampshire  and  Rhode  Island  were  much 
like  those  of  Massachusetts,  and  are  quite  as  bulky.  The 
laws  of  Connecticut  are  still  more  so.  The  laws  of  New- 
York  are  contained  in  statutes  at  large;  they  are  bulky  and 
not  digested;  but  most  of  them  were,  after  all,  mere  ordi- 
nances <jr  regulations  of  government;  not  statutes  affecting 
the  common  law.  In  Maryland  we  find  an  official  volume 
of  Knglish  statutes  in  force  running  from  the  ninth  of 
Henry  III. — the  statute  of  dower — down  to  the  eleventh  of 
(jcorge  III. — the  renewal  of  lea.ses;  and  in  South  Carolina 
we  find  an  act  of  171  2  giving  a  similar  list  of  the  statutes 
of  the  kingdom  of  iCngland,  or  South  Britain,  which  were 
in  force  in  that  colony,  running  from  Magna  Carta  ninth 
Henry  III.,  to  the  twelfth  of  William  III.  This  list,  curi- 
ously enough,  is  not  identical  with  the  Maryland  list;  but 
includes  a  greater  numlx-^r  of  statutes,  although  many  stat- 
utes were  adoj^ed  in   both. 

The  only  (.institutional  Ixxlics  of  law  which  left  any  trace 
on  onr  })resent  vStates,  were  the  Body  of  Liberties  of  Massa- 
chusetts; and  the  declarations  or  bills  oi  rights  of  Virginia, 
Rliodc-  Island,  .iiid  Connecticut,  the  last  of  which  is  claimed 
to  ])e  the  first  independent  constitution  ever  adopted  in 
uritiiig  l)y  an  Ivnglish  state.  h'or  the  most  elaborate  of 
;!ll  t!u  ( oloiiy  constitutional  documents,  the  celebrated 
-(  Ik  nie  oi  LM)\ernnient  drawn  by  John  Locke  for  the  settle- 
nuiit  o!  South  Carolina,  rdthough  printed  still  in  the  first 
\-oluiii.-  (.t  that  c-olony's  laws,  so  far  as  any  efTect  or  trace 
of  it  now  LMKS,  has  vanished   from   the  face  of  the  earth. 

I  have  given  a  few  words  to  this  subject  of  colony  laws, 
for  the  ]Mir])ose  of  showing  that  with  the  exception  of  the 


Uniform  State  Legislation.  7 

constitutions,  the  colony  laws,  though  bulky  and  of  great 
interest,  do  not  in  fact  usually  touch  upon  the  domain  of 
the  common  law;  yet  such  peculiarities  as  their  statutes  had 
were  preserved  somewhat  in  the  statutes  of  the  States 
which  succeeded  them;  and  this  really  is  the  only  origi- 
nal cause  of  the  diversity  which  we  are  considering,  which 
has  lasted  to  the  present  day. 

When  we  come  to  the  statutes  of  the  States  since  the  war 
of  independence,  we  find  great  diversity;  and  it  is  that 
diversity  which  we  have  to  consider,  and  hope  in  part  to 
remedy.  For,  as  has  been  implied  already,  we  think 
that  in  the  great  number  of  cases  there  is  no  reason  what- 
ever for  this  diversity  at  present;  and  those  are  precisely  the 
cases  from  which  the  greatest  trouble  arises.  Ver>'  little 
difficulty,  for  instance,  arises  fi-om  the  difference  of  the 
statute  regulating  the  descent  of  land,  where  there  may  be  a 
reason  for  the  diversity  that  exists.  The  land  cannot  be 
carried  about  from  one  State  to  another  so  as  to  lead  to  con- 
fusion. On  the  other  hand,  conveyances  of  land  may  be 
made  anywhere,  in  the  Union  or  elsewhere,  to  take  effect  in 
any  State;  and  here  great  difficulty  arises  from  the  mere 
formal  differences  in  the  execution  of  deeds;  and  these  are 
precisely  such  differences  as  seem  entirely  fortuitous  and 
unnecessary. 

Before  considering  in  detail  a  few  of  the  subjects  in  which 
we  think  uniformity  of  law  may  be  well  attained,  we  may 
remark,  as  bearing  on  the  difficulty  of  the  task,  that  it  is  not 
as  if  each  one  of  the  forty-six  States  and  Territories  had  a 
wholly  different  statute  upon  any  subject.  If  that  were  the 
case,  the  task  would,  indeed,  be  a  hard  one;  but  as  a  matter 
of  fact,  I  have  found  upon  making  a  complete  and  careful 
examination  and  comparison  of  the  laws  of  all  the  States, 
that  we  usually  find  not  more  than  three  or  four  different 
statutes,  in  them  all,  upon  any  one  subject.  You  will 
commonly  find  some  twenty  States,  mostly  Northern  and 
Northwestern,    following    the    lead  of   the  SUte  of  New 

[835] 


8 


Annate  of  the  American  Academy. 


York,  and  having  the  same  law.     The  New  England  Stat 
with  Ohio  and  Oregon,  will   usually  form  another  grouj 
The  Western  and  Pacific  Coast  States,  under   the  lead 
California,  will  form  a  third;  and  while  there  may  be  two 
three  States  with  anomalous  statutes  on  any  one  point,  y< 
will  not  commonly  find  more  than  three,  or,  at  the  m( 
four  differences,  if  the  Southern  States  happen  to  be  diffe 
ent  upon  any  one  section  of  a  statute  in  the  whole  Unic 
And  there  are   many  statutes,  such  as  those  upon  limit 
partnership,  where  the  law  throughout  the  whole  Unit^ 
States  is  now  nearly  identical.     This,  therefore,  would  be 
Tery  easy  subject  on  which  to  obtain  uniformity;  and,  at" 
the  worst,  you  have  but  to  bring  the  minority  of  the  States 
into  harmony  with  the  laws  of  the  majority,  provided  the 
laws  of  the  majority  are  open  to  no  obvious  objection. 

The  diversity,  however,  even  between  adjoining  States 
of  like  conditions  is  very  great.  To  quote  Judge  Brewster, 
of  Connecticut,*  as  to  the  difference  between  that  State 
New  York,  ''we  find  that  in  New  York,  a  marriage  cei 
mony,  if  ceremony  it  can  be  called,  is  valid  without  the  ai^ 
of  clerical  or  cival  officer;  in  Connecticut  it  is  not.  Ne 
York  limits  absolute  divorce  to  one  cause;  Connecticut  it 
Tites  discontent  by  eight.  New  York  has  two  kinds  o| 
divorce;  Connecticut  one.  In  New  York  property  descenc 
so  to  speak,  from  child  to  parent  in  preference  to  brothc 
or  sister;  Connecticut  favors  fraternal  rather  than  patemj 
heirship,  and  the  whole  law  of  dower,  courtesy,  perpetuiti^ 
and  ancestral  estate  in  the  two  States  is  entirely  different 
New  York  requires  two  witnesses  to  a  will;  Connectic 
three.  New  York  abolishes  common  law  trusts  and  power 
except  as  defined  by  statute;  Connecticut  retains  themj 
New  York  allows  preferences  in  insolvency  assignment 
Connecticut  treats  all  general  creditors  alike.  How 
notarial  seal,  especially  from  over  the  border,  is  proved 
such  in  New  York,  is  known  only  to  New  York  lawyers, 

•Vol.  XIV,  reports  American  Bar  Association,  p.  369. 

[836] 


Uniform  State  Legislation.  9 

it  is  to  them;  in  Connecticut  the  seal  proves  itself.  A  deed 
in  New  York  must  have  a  seal,  but  only  one  witness;  is 
Connecticut  a  scroll  will  answer  for  a  seal,  but  two  witnesses 
are  necessary.  As  for  commercial  law,  from  the  liability 
of  common  carriers  to  the  endorsement  of  notes  in  blank, 
from  chattel  mortgage  to  the  doctrine  of  '  retention  of 
possession  a  badge  of  fraud,  *  great  diversity  exists  in  the 
laws  of  the  two  adjoining  commonwealths.  While  in  the 
conduct  of  a  suit  at  law,  Connecticut  allows  an  initial  at- 
tachment on  service  of  process  in  all  cases,  in  New  York  the 
rule  is  to  wait  until  final  judgment  before  touching  the 
debtor's  property.  And  while  in  New  York  the  right  of 
trial  by  jury  remains  inviolate,  in  Connecticut  the  corpora- 
tion, or  other  defendant,  can  take  the  question  of  the  amount 
of  damages  from  the  jury  and  try  it  to  the  court,  by  a  sim- 
ple demurrer,  innocently  so-called." 

The  reason  of  this  wide  diversity  in  our  State  statutes 
enacted  since  the  Revolution,  may  be  traced  to  two  or  three 
causes.  Sir  Henry  Maine  has  stated  that  "  the  capital  Uuct 
in  the  mechanism  of  modem  states  is  the  energy  of  legiflU- 
tures. ' '  Five  centuries  ago  our  branch  of  the  race  deemed 
statutory  enactments  fraught  with  peril.  Hallam  ia  his 
'•Middle  Ages"*  says:  "A  new  statute,  to  be  perpettudly 
incorporated  with  the  law  of  England,  was  regarded  as  no 
light  matter.  It  was  a  very  common  answer  to  a  petitioa  of 
the  commons,  in  the  early  part  of  this  (Edward  III.)  rdgn, 
that  it  could  not  be  granted  without  making  a  new  law. 
.  .  .  This  reluctance  to  innovate  without  necessity  and  to 
swell  the  number  of  laws  which  all  were  bound  to  know  and 
obey,  with  an  accumulation  of  transitory  enactments,  led 
apparently  to  the  distinction  between  statutes  and  ordin- 
ances." 

But  as  Professor  Colby,  of  Dartmouth,  aptly  remarks  in 
his  able  address  upon  this  subject,  **  in  the  first  years  of  our 
constitutional  history  two  causes  began  to  work  in  America 

•Vcl.  III.,  p.  49. 

[837I 


lo  A.NNAi.s  or  THK  American  Academy. 

wliich  together  go  far  to  explain  the  energy  of  our  legisla- 
tive bodies.  The  first  was  the  democratic  spirit  which, 
after  finding  literary  expression  in  the  writings  of  the 
luicyclopLcdists  and  bearing  its  first  fruit  in  the  American 
and  Frencli  revolutions,  engendered  the  belief  that  judge- 
made  huv  is  aristocratic  and  that  the  popular  will  should 
Ix-  aljle  to  realize  its  object  immediately.  The  vsecond  was 
th*.  spread,  as  beneficial  results  were  observed  to  follow  the 
alx)lition  of  certain  inherited  institutions  that  had  survived 
their  usefulness  and  the  repeal  of  certain  feudal  laws  whose 
application  tended  to  despoil  the  suffering  masses  for  the 
profit  of  the  wealthy  classes,  of  that  most  persistent  of  modern 
}X)litical  superstitions,  the  belief  that  all  human  ills  may  l)e 
exercised  by  the  sovereign  specific  of  a  legislative,  '  Be  it 
enacted.' 

Professor  Ct)lby—  referring  to  nu*  statement  in  my  vol- 
umes on  "American  Statute  L,aw  "  that  the  yearly  product 
of  the  legislative  l)()dies  of  all  our  States  is  from  four  to  eight 
tliousand  statutes,  unkindly  cites  this  fact  to  illustrate  the 
natural  fecundit)-  of  low  organisms. 

I  myself  found  upon  the  investigation  to  which  1  have 
referred,  that  the  States  and  territories  of  the  Union  may  be 
roughly  divided  according  to  their  habit  of  enacting  .statutes 
into   four  classes: 

1.  Code  States,  which  are  Ohio,  C^eorgia,  Iowa,  Texa.s, 
California,   Dakota,  Montana,   Utah    and    Wyoming,  though 

n  several  other  States  the  statutes  are  termed  codes.  These 
undertake  to  substitute  codes  for  the  common  law. 

2.  vStates  which  go  far  in  what  may  be  termed  the  CJiact- 
moit  (){  the  ecHumon  law,  and  in  addifioii,  also,  which  are: 
New  York,  Illinois,  Indiana,  Michigan,  Wisconsin,  Minne- 
hi/la  iiud  >\Iabama. 

3.  St;ites  wliicli  are  generally  inclined  to  add  to,  or  occas- 
ionally to  alur,  tile  common  law,  rather  than  to  enact  it  over 
in  their  ^t;itulc.s;  which  are  Massachusetts,  Maine,  Kansas, 
Nebra^k;!    In'tIIi  C:irolina,  Tennessee,  Missouri  and  Arkansas. 


Uniform  Statb  Legislation.  ii 

4.  The  conservative  States,  which  retain  the  common  law 
most  nearly  intact;  which  are  New  Hampshire,  Delaware, 
New  Jersey,  Pennsylvania,  Kentucky  and  South  Carolina. 

We  are  now  prepared  to  sketch  the  history  of  the  present 
attempt  at  national  unification  of  law,  which  is  entirely 
based,  as  I  have  said,  on  the  voluntary  action  of  the  States, 
which  have  appointed  more  or  less  permanent  boards  of 
commissioners  for  this  purpose,  who  meet  from  time  to  time 
in  national  conference.  This  national  conference  then  re- 
commends forms  of  uniform  statutes  which  each  State  com- 
mission, returning,  presents  to  the  governor  or  the  legislature 
of  its  own  State  for  enactment.  The  method  is  a  simple 
one;  but  the  movement — if  successful  in  any  degree — 
would  be  the  most  important  juristic  work  undertaken  in 
the  United  States  since  the  adoption  of  the  Federal  constitu- 
tion. In  the  more  than  one  hundred  years  that  have  elapsed 
since  that  time,  there  has  been  no  official  eflfort  to  obtain 
greater  harmony  of  law  among  the  States  of  the  Union;  and 
it  is  the  first  time  since  the  debates  on  the  constitution  that 
accredited  representatives  of  the  several  States  have  met  to- 
gether to  discuss  any  legal  question  from  a  national  point  of 
view.     The  history  of  the  movement  may  be  briefly  stated: 

For  many  years  lawyers,  and  thoughtful  students  of  gov- 
ernment, have  desired  something  of  the  sort;  but  to  Mr. 
Albert  E.  Henschel,  of  New  York,  belongs  the  credit  of 
drawing  the  first  bill  to  create  State  commissions  for  that 
purpose.*  This  statute  provided  that  the  governor  should 
appoint,  by  and  with  the  consent  of  the  senate,  three  com- 
missioners who  should  be  constituted  a  board  by  the  name 
of  ••  Commission  for  the  promotion  of  uniformity  of  legisla- 
tion in  the  United  States,"  that  it  should  be  the  duty  of 

•  IB  1888  this  bin  was  introduced  by  Hoa.  CorncUua  Van  CoCt  in  the  Senate  of 
New  York,  and  by  Hon.  Joseph  Blomenthal  in  the  Aaaembly.  AAer  three  y«*i»* 
effort  on  the  part  of  Mr.  Henachel.  backed  by  rach  yio«Ua<at  Hew  York  lawTtn 
as  Mr.  William  Allen  BuUer,  ProfeMor  Dwight.  AmUb  Abbott,  Daniel  G.  RoIUm^ 
Henry  H.  Howland,  Noah  Davis,  William  Dorsheimer.  and  Jobn  Cadwalladcr.MKk 
a  statute  was  passed  in  1890. 

[839] 


12  Annai^  of  the  American  Academy. 

such  board  to  examine  the  subjects  of  marriage  and  divorce, 
insolvency,  the  form  of  notarial  certificates  and  other  sub- 
jects, and  to  ascertain  the  best  means  of  effecting  an  assim- 
ilation and  uniformity  of  the  laws  of  the  States  upon  them. 
Pennsylvania  and  Massachusetts  followed  with  similar 
statutes;  that  of  Massachusetts  adding  to  the  New  York  list 
of  subjects  the  acknowledgment  of  deeds,  and  the  execution 
zTx'Ci  probate  of  wills.  The  Massachusetts  law  gave  no  getMB 
eral  commission  to  examine  into  statute  law  generally,  ^|| 
the  New  York  statute  did  in  the  phrase  "  other  subjects;  " 
but  as  most  of  the  States  have  followed  the  larger  direction 
of  the  New  York  statute,  all  the  commissioners  have  deemed 
wise  to  go  with  them,  so  far  as  subjects  were  debated  in  which 
uniformity  was  advisable  and  practicable.  The  legislature 
of  Massachusetts  has,  by  ratifying  this  statute  and  extending 
the  term  of  the  commission  for  five  more  years,  endorsed 
their  action  in  so  doing.  These  commissions  in  all  the  States 
serve  without  pay,  though  in  many  of  the  States  an  appro- 
priation was  made  to  cover  their  expenses.  The  first  general 
meeting  was  held  at  Saratoga  on  the  twenty-fourth  of 
August,  1892,  at  the  time  of  the  meeting  of  the  American 
Bar  Association,  which  body  had  given  great  assistance  to 
the  movement  from  the  beginning.  At  this  meeting  seven 
States  only  were  actually  represented;  the  States  of  New 
York,  Massachusetts,  Pennsylvania,  Michigan,  Delaware, 
New  Jersey  and  Georgia.  Mississippi  had  created  a  com- 
mission, but  was  not  at  that  time  represented  in  the  confer- 
ence. I  regret  to  say  that  since  then  the  term  of  the  creation 
of  the  Pennsylvania  commission  has  expired;  but  so  far  as 
I  am  informed,  Pennsylvania  is  the  only  State  which  has 
not  maintained  permanently  such  a  commission  once  ap- 
pointed, and  I  earnestly  hope  that  the  legislature  of  Penn- 
sylvania may  pass  a  law  at  its  next  session  re-creating  this 
commission,  or  extending  the  term  of  the  previous  commis- 
sioners, as  has  been  done  in  both  New  York  and  Massachu- 
setts. 

[840] 


Uniform  State  Legislation.  13 

The  second  meeting  was  held  in  New  York  City  on  the 
fifteenth  of  November  of  the  same  year  and  following  dajrs. 
The  third  meeting  was  held  at  Milwaukee,  Wis.,  on  August 
31,  1893,  and  the  following  days.  At  this  meeting  the 
movement  had  grown  from  the  original  seven  States  to 
no  less  than  twenty;  the  States  of  Connecticut,  New  Hamp- 
shire, Illinois,  Wisconsin,  Minnesota,  Kansas,  Nebraska, 
North  and  South  Dakota,  Montana  and  Wyoming,  having 
in  the  meantime  appointed  commissioners. 

The  fourth  conference  was  held  in  Saratoga,  N.  Y.,  on  the 
twenty-second  and  twenty-third  of  August,  1894,  in  which 
the  States  of  Iowa  and  Virginia  were  also  rcprcaeuted 
commissioners,  making  twenty-two  in  all.  Since  then  I 
have  had  letters  or  information  from  the  governor  or  secre« 
tary  of  state  of  several  other  States,  among  them  Ken- 
tucky,  Ohio,  Oregon,  Washington,  Nevada  and  Oklahoma 
Territory,  annoimcing  the  progress  of  legislation  for  similar 
commissions,  so  that  we  hope  at  the  meeting  at  Saratoga  in 
August  this  year  to  have  nearly  thirty  States  represented. 
A  bill  has  moreover  recently  been  introduced  in  the  House 
of  Representatives  for  the  appointment  of  a  similar  national 
commission  to  be  permanent,  with  paid  salaries,  which 
shall  co-operate  with  the  State  commissioners  in  this  work, 
as  there  are  many  subjects  upon  which  there  is  also  national 
legislation.      This  bill  is  substantially  as  follows: 

Be  it  enacted  by  the  Senate  and  Home  of  RepreuntoHves  of  tk€ 
United  States  of  Atnerica  in  Congress  assetnbled,  that  for  the  porpoie 
of  obtaining  uniformity  of  law,  and  uniformity  in  the  adminiatmioo 
of  the  law,  throughout  the  United  SUtes,  both  in  Fedcrml  and  State 
courts,  there  shall  be  prepared  for  adoption  by  CongreM,  or  for  sab- 
mission  to  the  several  States,  codes  of  law  upon  subjects  whcrelii  di- 
versity is  a  hindrance  to  interstate  commerce  and  an  impediment  to 
the  prosperity  of  the  country,  and  codes  making  simple  and  uniform 
the  practice  of  all  Federal  courts. 

Sbction  2.  That  for  such  purpose  the  President  shall  nominate  and, 
by  and  with  the  advice  and  consent  of  the  Senate,  shall  appoint  three 
commissioners  on  the  uniformity  of  laws,  whose  duty  it  shall  be  to 
prepare  codes  of  the  substantive  law  upon  subjects  of  commercial  and 

[841] 


14  AnnaIvS  of  the  American  Academy. 

mercantile  law,  and  especially  the  law  upon  sales  and  sellers*  liens, 
stoppage  in  transitu,  the  liability  of  carriers,  negotiable  paper,  the 
making  and  execution  of  deeds,  and  the  law  of  domestic  relations,  in- 
cluding marriage  and  divorce,  and  upon  such  other  topics  of  the  law 
upon  which  it  may  seem  desirable  to  said  commissioners  that  there 
should  be  uniformity  throughout  the  country  ;  and  to  prepare  codes 
of  civil  procedure  and  criminal  procedure  for  the  courts  of  the  United 
States. 

Sec.  3.  That  said  commission  shall  from  time  to  time,  as  it  shall 
complete  drafts  of  any  portion  of  its  work,  submit  copies  of  the  same 
to  the  commissioners  of  the  several  States  and  Territories  that  have  ap- 
pointed or  may  hereafter  appoint  commissioners  on  uniform  laws,  for 
their  advice  and  co-operation  ;  and  shall  from  time  to  time,  as  it  shall 
fully  complete  any  portions  of  its  work,  report  the  same  to  Congress 
for  its  action. 

Sec.  4.  That  Congress  shall  provide  for  the  use  of  said  commission 
at  the  seat  of  government  a  suitable  office,  books,  stationery  and 
clerks. 

It  will  be  seen  that  this  movement  has  passed  beyond 
the  stage  of  an  experiment,  and  may  fairly  now  be  called 
national.  The  commissioners  have  deemed  it  wise  to  proceed 
very  slowly  and  carefully,  and  so  far  all  the  laws  recom- 
mended by  them  for  adoption  throughout  the  country  are 
contained  in  one  small  blue-book.  Still  less  progress  has 
been  made  in  the  actual  enactment  of  these  recommendations 
by  the  legislatures  of  the  several  States;  partly  because  the 
commissioners  themselves  have  deemed  it  wise  to  wait  until 
they  had  been  joined,  and  their  recommendations  approved, 
by  a  large  majority  of  the  States  ;  and  partly  owing  to  the 
natural  reluctance  of  any  one  State  to  be  first  in  adopting 
the  laws  recommended.  There  is  a  natural  reluctance  on 
the  part  of  any  State  legislature  to  change,  however  slightly, 
the  statutes  under  which  its  people  live,  until  at  least  they 
feel  sure  that  the  object  of  such  change  is  to  be  attained  by 
the  adoption  of  the  new  statute  in  all  the  States  of  the  Union. 
There  is  also,  perhaps,  a  certain  element  of  short-sightedness 
or  local  prejudice  which  is  against  making  any  change  in 
their  wonted  law,  however  important  be  the  purpose.  We 
find  it  commonly  said  to  us  by  members  of  the  several  State 

[842] 


Uniform  State  Legislation.  15 

legislatures— and  even  by  members  of  the  national  conference 
of  commissioners — **  Why,  that  is  not  the  law  in  my  State," 
as  if  that  objection  were  final;  even  when  the  SUtc  referred 
to  is  alone,  or  almost  alone,  in  its  treatment  of  the  law,  and 
the  new  law,  proposed  by  the  commissioners,  is  identicml 
with  that  of  the  bulk  of  the  States.  Of  course,  if  objections 
on  this  score  are  to  prevail  when  there  is  no  real  objection 
arising  from  the  circumstances  or  condition  of  the  people, 
the  whole  movement  will  come  to  an  end.  We  hope  in  time, 
however,  as  the  legislatures  and  the  people  understand  the 
value  and  the  purpose  of  the  movement,  that  these  merely 
local  objections  will  cease  to  be  heard;  and  the  State  of 
Massachusetts,  at  least,  has  taken  the  lead  by  adopting  in 
the  last  session  of  its  legislature  several  of  the  important  new 
laws  recommended  by  the  national  conference.  All  the  States 
in  enacting  such  laws  are  urged  to  entitle  them,  **/1n  ad  to 
establish  a  law  uniform  with  laws  enacted  or  to  t>e  enacted  in 
other  States ' '  for  whatever  the  subject  may  be.  This  phrase 
'•  uniform  law  "  to  serve  as  a  sort  of  hall-mark,  to  indicate 
at  once  that  the  statute  passed  is  one  of  the  laws  to  be 
adopted  in  the  same  words  by  all  the  States  of  the  Union,  so 
that  the  lawyer  or  student  finding  the  caption  "uniform 
law  '*  at  the  head  of  any  statute,  will  understand  at  once 
that  the  provisions  of  that  statute,  at  least,  are  universally 
adopted  throughout  the  countr>'. 

At  its  first  meeting  at  Saratoga,  the  boards  of  commis- 
sioners of  the  several  States  organized  themselves  into  a 
national  conference,  and  elected  as  president  the  Hon. 
Henry  R.  Beekman— now  Judge  Beekman— of  New  York, 
and  myself  as  secretary.  Mr.  Henschel,  the  permanent  paid 
secretary  of  the  New  York  commission,  being  the  only  paid 
permanent  ofl5cer  which  any  board  has  authority  to  appoint, 
has  been  of  great  service  to  the  national  conference  itself. 

At  the  third  meeting  held  at  Milwaukee,  special  perma- 
nent national  commissions  were  appointed  on  the  following 
subjects:     Wills,  Marriage  and  Divorce,  Cominerciai  Law, 

[843] 


1 6  Annai^  of  the  American  Academy. 

Descent  and  Distribution,  Deeds  and  Conveyances,  Weights 
and  Measures,  Certificates  of  Acknowledgment  and  Forms  of 
Notarial  Certificates,  and  finall}^  a  committee  on  uniformity 
of  State  action  in  appointing  presidential  electors.  * 

All  the  debates  of  these  four  conferences  have  been  pre- 
served by  stenographic  report,  and  as  showing  how  careful^«| 
and  exhaustively  they  have  been  considered,  I  will  say  th^l 
the  report  of   each  conference  covers  from   two  to  three    ' 
hundied  typewritten  pages.      Of  course  many  subjects  have 
been  debated,  and  many  statutes  scheduled  out  which  have 
not  yet  got  into  the  blue-book  which  contains  the  formal 
recommendations — proposed  statutes  being  only  printed 
it  when  there  is  absolute  unanimity  upon  them  in  the 
ference,  and   they  have  received  the  vote  of  at  least 
successive  meetings. 

Many  other  matters  have  been  earnestly  discussed  than 
blue  book  contains. 

I  have  said  that  this  is  the  first  time  that  representatives 
the  States  of  the  Union  have  been   brought  into  comm( 
debate  on  questions  of  fundamental  law  since  the  meeting 
the  Constitutional  Convention  itself;  and  it  has  been  int( 
esting  t©  note  both  how  great  and  how  small  the  chanj 
since  that  time  have  been  in  the  characteristics  of  the  sevei 
States,  and  in  the  views  of  their  citizens  upon  cardinal  qu< 
tions  of  civilization.     These  latter — except  so  far  as  we 
expressly  ordered  to  do  in  the  case  of  marriage  and  divoi 

•This  latter  committee  was  appointed  upon  the  suggestion  of  Mr.  Buckalew  < 
Pennsylvania  ;  and  although  it  lies  almost  beyond  the  scope  of  the  movement  to 
improve  merely  the  common  law,  and  goes  rather  into  the  domain  of  statecraft, 
its  importance  is  obvious,  and  it  is  a  good  example  for  that  very  reason  of  what 
this  national  conference,  if  permanent,  might  ultimately  hope  to  accomplish  even 
in  the  way  of  improving  the  form  of  government  under  which  we  live.  Its  neces- 
sity was  already  present  in  the  mind  of  Alexander  Hamilton,  as  appears  from  a 
letter  addressed  by  him  to  John  Jay ;  and  the  danger  of  the  present  state  of 
things — apart  from  the  unfairness  arising  from  diversity  in  the  several  States— is 
that  the  matter  being  left  entirely  to  the  discretion  of  State  legislatures,  the  law  of 
any  one  State  upon  it  may  be  changed  in  view  of  any  particular  election,  when  the 
vote  of  such  State  will  determine  the  result. 

We  might  have  had  an  example  of  that  in  the  State  of  Michigan  at  the  last 
presidential  election,  and  it  is  easy  to  see  to  what  public  danger  such  a  condition 
of  things  give  rise. 

[844] 


Uniform  State  Legislation.  17 

— ^we  have  not  sought  to  touch.  The  root  framework  of 
society  must  be  left  to  our  forty-four  independent  sovereign 
states  to  determine  for  themselves;  and  the  results  of  tbdr 
determination  will  probably  be  more  instructive  in  their  very 
diversity  tlian  any  inconveniences  fairly  resulting  therefrom 
are  injurious.  We  have  sought  to  obtain  uniformity  only  in 
matters  purely  formal,  or  in  matters  like  divorce,  where  from 
the  nature  of  the  case  it  is  impossible  for  any  one  State  to 
l^islate  in  such  a  way  as  to  determine  the  questioo  beyond 
its  own  borders. 

The  first  conference  wisely  adopted  as  an  ordti  of  boiiiieia 
to  take  up  the  most  simple  matters  first — that  is,  matters 
chiefly  of  form,  and  to  proceed  later  to  matters  of  substance. 

The  first  and  obvious  example  of  a  purely  formal  statute, 
is  that  which  regulates  the  acknowledgment  to  deeds  and 
notarial  certificates  which  are  intended  to  have  effect  beyood 
the  borders  of  the  State  where  taken.  This  matter  was 
debated  at  the  first  Saratoga  conference,  and  the  succeeding 
meeting  in  New  York  finally  disposed  of  it  so  far  as  the 
national  conference  is  concerned;  and  a  chapter  called  **a 
uniform  law  for  the  acknowledgment  and  execution  of  deeds  " 
was  recommended  and  approved,  which  has  since  received 
the  endorsement  of  all  the  States  in  the  conference;  and  has 
actually  been  adopted  in  Massachusetts,  and  is  law  in  many 
other  States,     The  statute  is  as  follows: 

AN  ACT  to  establish  a  law  uniform  with  the  laws  of  other  StaUs /or 

the  acknowledgment  and  execution  of  written  instruments.    Be  ii 

enacted  etc. ,  as  follows  : 

Section  1.  Either  the  forma  of  acknowledgment  now  in  nae  in  this 

State,  or  the  following,  may  be  naed  in  the  Otfe  oC  con^rejaaocs  or 

other  written  instrumenta,  whenever  auch  ackaowMgawBt  la  reqniicd 

or  authorized  by  law  for  any  pnrpoae: 

(Begin  in  all  casea  by  a  caption  apecifjing  the  SUte  and  place  whcra 
the  acknowledgment  is  taken. ) 

I.  In  the  caae  of  natural  peraona  acting  in  their  own  nght: 

On  this  day  of  iS    • 

before  me  peraonally  appeared  A  B  ^or  A  B  and  C  D).  to  me 

t»45] 


1 8  Annals  ok  the  American  Academy. 

to  be  thj  person  (or  persons)  described  in  and  who  executed  the  fore- 
goin>j^  instrument,  and  acknowledged  that  he  (or  they)  executed  the 
siinie  as  his  (or  their)  free  act  and  deed. 

2.  In  the  case  of  natural  persons  acting  by  attorney  : 

On  this  (lay  of  l8 

Ijciurc  lue  personally  appeared  A  H,  to  me  known  to  be  the  person 
who  executed  the  foregoing  instrument  in  behalf  of  C  D,  and  ac- 
knowledged that  he  executed  the  same  as  the  free  act  and  deed  of 
s.ii(l  C  1). 

3.  In  the  case  of  corporations  or  joint-stock  associations  : 

On  this  day  of  18     , 

before  me  appeared  A  B,  to  me  personally  known,  who,  being  by  uie 
dul}-  sworn  (or  athrmed),  ilid  say  that  he  is  the  president  (or  other 
olTicer  or  agent  of  the  corporation  or  association)  of  (describing  the 
Corporation  or  association),  and  that  the  seal  affixed  to  said  instru- 
ment is  the  corporate  seal  of  said  corporation  (or  association), and  that 
siiid  instrument  was  signed  and  sealed  in  behalf  of  said  corporation  (or 
association)  by  authority  of  its  Board  of  Directors  (or  trustees),  and 
said  A  B  acknowledged  said  instrumetit  to  be  the  free  act  and  deed 
of  siiid  corporation  (or  association). 

(In  case  the  corporation  or  association  has  no  corjwrate  seal,  omit 
the  words  "  the  seal  affixed  to  said  in.strument  is  the  corporate  seal  of 
said  corporation  (or  association),  and  that,"  and  add,  at  the  end  of  the 
affiflavit  clause,  the  words  "and  that  said  corporation  (or  association) 
has  iKj  corporate  seal.") 

(In  all  cases  add  signature  and  title  of  the  officer  taking  the  ac- 
knowkflgment. ) 

Si-.C'iio.N'  2.  The  ack'.!o\\  Kdgment  of  a  married  woman  when  re- 
(juiri'l  by  law  mav  be  taken  in  the  same  form  as  if  she  were  sole,  and 
without  ;inv  examination  separate  and  apart  from  her  liuslxind. 

>\M'l'lns  \.  The  ])ro(jf  or  acknowledgment  of  any  deed  or  other 
WMtt(.-ii  inslrunuiit  re([uired  to  be  ])rovc(l  or  acknowledged  in  order 
to  'liable  the  same  to  be  recorded  or  read  in  evidence,  when 
i.M  .1''  bv  anv  iKTM^n  without  this  State  and  within  any  other 
S-.at.-,  'f.-rriloiy  or  District  of  th.-  Tiiiled  vStates,  may  l)e  made 
l)'r..t-<-  anv  otlic'-  of  siu'h  State,  Territory  or  District  authorized  by 
tlic  :  IV,  tlific..r  t.)  taki-  the  ])roor  and  acknowledgment  of  deeds, 
.-iri'l.  NshfU  s<,  t,.kcn  and  (-(rtiri^-d  as  herein  ])rovid(.-(l,  shall  be  en- 
tit"  1  to  be  recorded  in  this  Stale,  and  may  be  re;vd  in  evidence  in 
til'-  aiuf  maiMier  and  with  like  clivct  as  ])roofs  and  acknowledg- 
me:r. -.  taken    before    anv  of    the    ofiicers  now  authorized   by  law  to 


Uniform  Statb  Lbgislation.  19 

take  such  proofs  and  acknowledgmenta,  and  whose  anthority  to  to 
do  is  not  intended  to  be  hereby  affected. 

Skction  4.  To  entitle  any  conve3rance  or  written  instntment, 
acknowledged  or  proved  under  the  preceding  section,  to  t>e  rettd  in 
evidence  or  recorded  in  this  State,  there  ahall  be  aubjoiiied  or  at^ 
tached  to  the  certificate  of  proof  or  acknowledgment,  signed  by  such 
officer,  a  certificate  of  tlie  Secretary  of  State  of  the  State  or  Territory 
in  which  such  officer  resides,  under  the  seal  of  sndl  State  or  Terri> 
tor>',  or  a  certificate  of  the  clerk  of  a  court  of  recofd  of  such  State, 
Territory  or  District  in  the  county  in  which  said  officer  resides  or  in 
which  he  took  such  proof  or  acknowledgment,  under  the  seal  of 
such  Court,  stating  that  such  officer  was,  at  the  time  of  taking  such 
proof  or  acknowledgment,  duly  authorized  to  take  acknowledgments 
and  proofs  of  deeds  of  lands  in  said  State,  Territory,  or  District,  and 
that  said  Secretary  of  State,  or  Clerk  of  Court,  is  well  acquainted  with 
the  handwriting  of  such  officer,  and  that  he  verily  believes  that  the 
signature  affixed  to  such  certificate  of  proof  or  acknowledgment  is 
genuine. 

Sbction  5.  The  following  form  of  authentication  of  the  proof  or 
acknowledgment  of  a  deed  or  other  Mrritten  instrument  when  taken 
without  this  State  and  within  any  other  State,  Territory  or  District  of 
the  United  States,  or  any  form  substantially  in  compliance  with  the 
foregoing  pro\'isions  of  this  act,  may  be  used. 

Begin  with  a  caption  specif>'ing  the  State,  Territory  or  District,  and 
county  or  place  where  the  authentication  is  made. 

I,  ,  Clerk  of  the  in 

and  for  said  County,  which  Court  is  a  court  of  record,  having  a  seal  (or, 
I,  ,  the  SecreUry  of  State  of  such  State  or  Territory), 

do  hereby  certify  that  by  and  before  whom  the  foregoing 

acknowledgment  (or  proof)  was  taken,  was,  at  the  time  of  iaUag 
the  same,  a  notary  public  (or  other  officer)  residing  (or  anthoffiaed 
to  act)  in  said  county,  and  was  duly  authorized  by  the  laws  of  said 
State  (Territory  or  District)  to  take  and  certify  acknowledgments  or 
proofs  of  deeds  of  land  in  said  State  (Territory  or  District),  and 
further  that  I  am  well  acquainted  with  the  handwriting  of  said 
,  and  that  I  verily  believe  that  the  signature  to  said 
certificate  of  acknowledgment  (or  proof)  is  genuine. 

In  testimony  whereof.  I  have  hereunto  set  my  hand  and  afliaed 
the  seal  of  the  said  Court  (or  SUte)  this  day 

of  ,  18      . 

Skction  6.  The  proof  or  acknowledgment  of  any  deed  or  other 
instrument    required   to   be   proved    or   acknowledged    in  order  to 

[847] 


20  Annai^  of  the  American  Academy. 


entitle  the  same  to  be  recorded  or  read  in  evidence,  when  made 
any  person  without  the  United  States,  may  be  made  before  any 
officer  now  authorized  thereto  by  the  laws  of  this  State,  or  before 
any  minister,  consul,  vice-consul,  charge  d'affaires,  or  consular  agent 
of  the  United  States  resident  in  any  foreign  country  or  port,  and 
when  certified  by  him  under  his  seal  of  office  it  shall  be  entitled 
to  be  recorded  in  any  county  of  this  State,  and  may  be  read  in  evi- 
dence in  any  Court  in  this  State  in  the  same  manner  and  with 
effect  aF  if  duly  proved  or  acknowledged  within  this  State. 

Massachusetts  Laws,  1894,   Chap.  2^ 

In  this  connection,  however,  we  believe  that  it  would 
wise  for  every  State  to  adopt  this  uniform  statute  in  its  o\ 
words,  in  order  to  remove  all  question,  even  when  the  law 
set  forth  in  it  appears  to  be  identical  with  the  law  already 
existing  in  such  State.     In  that  case  it  can  do  no  possible 
harm,  and  it  renders  it  perfectly  clear  to  any  one  living  in 
another  State  which  has  adopted  the  same  law  that  the  lai 
is  the  same  in  the  two  States;  for,  the  slightest  change 
wording,  or  even  in  punctuation,  sometimes  even  in  the  tit 
of  an  act,  may  make  a  difference  in  the  judicial  interpret 
lion  of  the  statute,  so  that  we  cannot  be  quite  sure  that 
law  is  really  identical  in  any  two  States  unless  the  statute 
the  same  verbati7n  et  literatim.     Of  course  it  may  be  urge 
even  after  this,  that  the  courts  of  the  two  States  may 
in  their  interpretation  of  the  statute;  but  we  believe  ths 
inasmuch  as  the  statute  is  identical,  the  decision  of  the  cot 
of  any  one  State  would  become  almost  a  binding  authorit 
on  the  court  of  another  State,  which  has  to  construe  precise 
the  same  statute;    so  that  the  decisions  of  the  courts  wi 
tend  to  become  as  uniform  as  the  law  itself. 

The  next  question  which  came  up  was  of  the  form  of 
instrument  itself;  and  first  of  all  that  of  seals.  Now  it 
obvious  that  there  are  two  questions  concerning  seals  liabl 
to  be  confounded.  One  is,  what  shall  be  the  nature  or  foi 
of  a  seal  itself  to  make  it  valid  as  a  seal  ?  and  the  seconc 
what  shall  be  the  effect  of  a  seal  when  there  is  no  doul 
about  the  seal  being  there  ? 

[848] 


fi 


Uniform  Statb  Legislation.  21 

As  this  is  a  useful  illustration  of  what  I  mentioned  as  the 
general  stream  of  legislation  upon  any  subject,  I  will  state 
m  brief  what  the  law  on  seals  now  is  tliroughout  the  countr>*: 

As  to  the  effect  and  necessity  of  the  seal,  we  find  here — as 
we  usually  do  on  most  questions — about  three  ways  of  treat- 
ing the  subject.  The  first,  or  old  law,  is  that  all  deeds  must 
be  sealed  by  the  party  executing  them,  or  they  will  be  of  no 
validity.  This,  as  is  usual  in  the  case  of  statutes  which 
are  conservative  and  express  the  old  common  law,  is 
followed  generally  in  New  England,  in  New  York  and 
in  some  of  the  States  which  usually  follow  New  York  law, 
and  also  in  South  Carolina  and  Florida,  being  sixteen 
States  in  all.  In  Massachusetts  there  is  no  statute  on  the 
subject;  but  it  is  held  to  be  the  common  law  without  a 
statute,  and  I  presume  such  is  the  case  in  Pennsylvania. 

Then  the  second  way  of  treating  the  subject  is  the  abso- 
lutely radical,  which  abolishes  the  use  of  private  seals  en- 
tirely. This  is  generally  the  law  in  the  Western  States, 
following  the  lead  of  Ohio,  and  in  Kentucky,  Tennessee, 
Mississippi  and  Texas— fifteen  States  in  all. 

Then  we  have  a  third  way  which  holds  the  middle  ground 
between  the  two— that  is,  not  to  require  a  seal  but  to  give  it 
effect  as  importing  consideration,  thus  making  a  sealed  in- 
strument of  higher  value  than  a  simple  written  contract, 
because  you  do  not  have  to  prove  any  consideration  for  it. 
This  is  the  law  of  California  and  a  few  States  following  it. 

These  are  the  only  three  ways  of  treating  seals  found  in 
the  laws  of  all  the  States,  with  the  exception  only  that  we 
find— as  we  often  do— one  anomalous  State,  namely  Alabama, 
which  has  a  statute  that  a  seal  is  not  necessary  to  convey  the 
legal  title  to  land  so  as  to  enable  the  grantee  to  sue  at  law; 
whatever  that  statute  may  mean. 

Now  as  this  is,  in  a  .sense,  a  more  .subsUntial  matter  than 
the  mere  formal  characteristics  of  the  seal,  the  conference 
have  so  far  contented  themselves  with  recommending  the 
form  of  the  seal;  for  on  the  substantial  question  whether  the 

[849] 


22 


Annai^  of  the  American  Academy. 


use  of  seals  should  remain  in  the  law  at  all,  they  found,  as 
they  always  did  in  such  cases,  such  great  and  decided  differ-^ 
ence  of  opinion  in  the  various  sections  of  our  country, 
it  seemed  unwise  at  the  beginning  to  attempt  to  reconcil 
them.  But  when  they  came  to  the  mere  form  of  seals,  the] 
found  it  easy  to  obtain  unanimity,  and  the  conference  unj 
mously  voted  to  recommend  besides  a  seal  impressed  upon 
aflSxed  to  the  paper,  that  the  word  *  *  seal ' '  or  the  letters  *  *  1^ 
S.,"  written  or  printed,  should  be  sufficient;  the  conferen( 
considering  that  the  main  point  was  rather  whether  the  make 
of  the  instrument  intended  it  to  be  a  sealed  instrument  ths 
the  physical  device  that  he  used  to  make  it  so.  And  follo\ 
ing  this  line  of  argument,  the  conference  were  not  willing 
recommend  that  a  mere  scrawl  of  the  pen  should  take  effe 
as  a  seal,  as  it  does  in  some  States,  for  the  very  reason 
in  that  case  it  is  often  difficult  to  tell  whether  the  intentic 
of  the  maker  was  that  it  should  be  a  seal  or  not;  that  is 
whether  it  was  meant  as  a  seal  or  a  mere  flourish.  Tl 
statute  is  as  follows: 


A  Uniform  Law  Rei,ative  to  Sealing  and  Attestation  o] 

Deeds,  etc. 

jIN  act  Relating  to  the  Sealing  and  Attestation  of  Deeds  at 
Other  Written  Instruments, 
(Enacting  Clause.) 

Section  i.  In  addition  to  the  mode  in  which  such  instruments  maj 
now  be  executed  in  this  State,  hereafter  all  deeds  and  other  instru<j 
ments  in  writing  executed  by  any  person  or  by  any  private  corporatioi 
not  having  a  corporate  seal,  and  now  required  to  be  under  seal,  shall 
deemed  in  all  respects  to  be  sealed  instrtunents,  and  shall  be  receive 
in  evidence  as  such,  provided  the  word  '*  Seal  "  or  the  letters  '*  L.  S.'* 
are  added  in  the  place  where  the  seal  should  be  affixed. 

Section  2.  A  seal  of  a  court,  public  officer  or  corporation  may 
impressed  directly  upon  the  instrument  or  writing  to  be  sealed,  or  upoi 
wafer,  wax,  or  other  adhesive  substance  affixed  thereto,  or  upon  paj 
or  other  similar  substance  affixed  thereto  by  mucilage  or  other  adhesiv^ 
substance.     An  instrument  or  writing  duly  executed  in  the  corporal 
name  of  a  corporation,  which  shall  not  have  adopted  a  corporate 

[850] 


Uniform  State  Legislation.  23 

by  the  proper  officers  of  the  corporation  under  any  aeal,  ahall  be 
deemed  to  have  been  executed  under  the  corporate  scftL 

The  next  subject  which  the  conference  has  thus  far  treated 
is  that  of  the  execution  of  wills.  The  present  law  of  some 
States  is  that,  for  instance,  a  will  executed  by  a  New  York 
man  may  nevertheless  not  be  valid  if  it  be  executed  out  of 
the  State  according  to  the  law  of  that  State;  while,  on  the 
other  hand,  a  unll  executed  by  a  New  York  man  in  New  York 
according  to  the  law  of  New  York,  may  not  be  valid  as  to 
real  property  he  owns  in  Penns>'lvania. 

Most  of  the  States,  however,  have  in  fiict  adopted  the 
simple  statute  which  the  commission  recommended,  which 
makes  a  last  will  and  testament,  executed  outside  of  any 
State  in  the  mode  prescribed  by  law,  either  of  the  State 
where  it  is  executed  or  the  State  where  the  testator  lives» 
equally  valid  in  both  States ;  and  as  to  the  probate  of  wills, 
a  similar  statute  was  recommended  that  any  will  duly  proved 
without  any  State  but  in  the  State  where  the  testator  lives, 
may  be  duly  admitted  to  probate  in  such  other  State  by  filing 
an  exemplified  copy.  Both  these  statutes  are  the  law  already 
of  the  bulk  of  the  States,  and  are  very  good  examples  of  a 
case  where  unanimity  of  law  throughout  the  entire  country 
may,  we  hope,  be  obtained  with  very  little  friction. 

Another  subject  which  the  conference  took  up  was  that  of 
the  weights  of  the  legal  bushel  or  barrel.  It  may  be  a  sur- 
prise to  some  to  learn  that  while  the  size  of  the  bushel  is 
universally  the  same,  dealers  in  grain,  coal  and  many  other 
commodities  are  practically  controlled  by  the  law  which  fixes 
tliat  the  bushel  of  any  particular  commodity  must  weigh  so 
much.  For  instance,  the  price  of  Indian  com  now  varies 
as  you  buy  it  in  New  York  or  New  Jersey;  so  a  bushel  of 
oats  is  30  lbs.  in  New  Jersey,  and  32  lbs.  in  New  York.  This 
results  in  great  confusion,  and  in  great  chance  of  fraud  among 
merchants  and  dealers,  it  being  tmccrtain  in  a  contract  what 
kind  of  a  bushel  was  meant,  and  many  dealers  not,  perhaps, 
being  aware  of  the  difference  in  other  Stotcs  at  the  time  the 

[851] 


24  Annals  of  the  American  Academy. 

contract  was  made.  We  have  accordingly  recommended  a 
law  which  shall  fix  the  size  of  the  barrel,  of  the  hogshead, 
of  the  dry  and  liquid  gallon,  and  of  the  bushel  in  heap 
measure;  and  shall  fix  the  legal  weight  of  a  barrel  of  flour 
and  a  barrel  of  potatoes,  and  of  the  bushel  of  some  twenty 
important  commodities,  beginning  with  wheat,  com,  rice  an< 
grass-seed.  The  weights  recommended  are  those  in  fact  no^ 
adopted  in  the  majority  of  the  States,  and  this  table  has 
cordially  endorsed  by  the  Boston  Chamber  of  Commerce  an< 
as  a  consequence  the  statute  was  duly  enacted  last  year 
Massachusetts — Massachusetts  being  one  of  the  States  whic 
^ad  previously  no  statute  whatever  on  the  subject. 

We  have  now  entered  the  domain  of  commercial  law; 
the  only  other  subject  which  the  conference  has  thus  far  take 
up  is  that  of  days  of  grace  and  the  presentment  of  bills  an( 
notes.     They  have  recommended  the  abolition  of  all  days  oi 
grace;  but  this  statute,  though  duly  enacted  in  New  Yorl 
failed  of  enactment  in  Massachusetts,  owing  largely  to  th^ 
prejudice  of  the  country  people.     It  is  perfectly  obvious  tl 
nothing  has  been  gained  to  the  borrower  by  making  a  not 
that  is  due  in  sixty  days  run  for  sixty-three,  for  he  has  to  paj 
the  additional  interest  on  the  three  days.     The  only  practic 
consequence  is  to  complicate  bank  accounts,  and  to  bring  oi 
much  uncertainty  and  even  considerable  danger  as  to  the  dut 
of  banks  in  forwarding  bills  and  notes  which  are  payable  il 
some  other  State, 

But  the  whole  subject  of  commercial  law  is  one  it 
which  there  may  be  much  difference  of  opinion  as  t< 
the  wisdom  of  attempting  a  universal  codification.  W« 
are  all  agreed  that  the  few  important  short  statutes  con-* 
cerning  notes  and  bills  should  be  generally  adopted.  Ii 
most  States  these  are  very  brief,  the  statute  concerning  thei 
containing  in  the  State  of  Massachusetts  for  instance,  onl] 
thirteen  sections,  about  one  page  and  a  half;  and  in  some 
other  States  it  is  still  briefer.  In  California  and  th< 
code  States  generally,  there  is  an  elaborate  code  of  soi 

[852] 


Uniform  State  Legislation.  95 

thirty  or  forty  pages  on  the  subject.  Opiuions  vary  greatly 
among  the  commissioners  themselves.  Judge  Brewster,  of 
Connecticut,  for  instance,  is  of  opinion  that  an  exhaustive 
commercial  code  should  be  recommended  by  the  commis- 
sioners and  adopted  by  all  the  States.  The  New  York  code 
on  the  subject  contains  five  chapters,  with  some  thirty 
articles,  and  would  probably  cover  six  or  eight  pages  of  an 
ordinary  statute  book.  Mr.  Field's  International  Code  con- 
tains on  the  subject  of  bills  of  exchange  some  sixty  articles, 
largely  definitions.  Judge  Chalmers,  of  England,  has  writ- 
ten a  treatise  on  the  law  of  bills,  notes  and  checks  in  the 
form  of  a  code  which  contains  ten  chapters,  and  278  articles, 
which  would  probably  fill  at  least  thirt>'  pages  of  an  ordinary 
statute  book.  This  code  was  recommended  for  adoption  as 
a  uniform  statute  at  the  last  Saratoga  conference.  I 
myself  have  prepared  a  chapter  which  embodies  all  the 
important  statutes  now  usually  existing  on  the  subject  in 
the  States  of  the  Union,  and  contains  only  nineteen  sections, 
and  could  be  put  in  two  pages  of  an  ordinary  statute  book; 
thus  being  almost  as  short  as  the  Massachusetts  chapter, 
while  far  more  comprehensive.  It  does  not,  however,  con- 
cern itself  with  definitions  or  elaborate  statements  of  the  law 
merchant,  but  approximates  most  closely  to  the  statute  on 
the  subject  as  it  actually  exists  in  most  of  the  States  of  the 
Union  at  present. 

This,  therefore,  with  the  cognate  subject  of  bills  of  lading 
and  warehouse  receipts,  is  a  ver>'  good  example  of  a  nKMl 
important  subject  upon  which  there  is  much  diffcrciKc  in 
present  legislation,  and  much  difference  of  opinion  among 
the  State  commissioners  and  experts  on  the  subject  generally. 

This  is  as  far  as  the  conference  have  proceeded,  with  the 
exception  of  the  subject  of  marriage  and  divorce,  to  which 
reference  shall  be  made  later;  but  it  may  be  useful  to  put  on 
record  a  brief  list  of  those  subjects  in  which  it  seems  wise  to 
attempt  national  uniformity,  with  a  brief  mention  of  a  lew 
where  it  is  quite  out  of  the  question. 

[853] 


26  Annals  of  the  American  Academy. 

Valuable  work  on  the  subject  of  conveyances  is  still  to  be 
done.  For  instance,  simple  forms  of  deeds,  warranty  and 
quit-claim,  of  leases,  and  of  real  estate  covenants  may  be 
enacted  by  statute  in  all  the  States  as  they  have  been  in  some, 
so  that  any  man  may  buy  at  a  law  stationer's  a  brief  and 
simple  deed  which  he  knows  will  be  valid  throughout  the 
Union,  and  will  have  the  same  effect  everywhere. 

This  has  been  expressly  urged  upon  us  by  Messrs.  Lom- 
bard, McNeil  and  Turner,  of  Chicago,  authorized  representa- 
tives of  the  National  Real  Estate  Association,  who  appeared 
before  us  at  the  Milwaukee  meeting  to  urge  that  real  estate 
men  had  a  direct  interest  in  the  adoption  of  a  uniform  system 
of  conveyancing,  and  to  request  the  conference  to  recommend  j 
the  adoption  in  all  the  States  of  a  simple  statutory  form  which 
might  be  used  in  addition  to  the  more  cumbrous  common 
law  conveyances  already  existing.  They  showed  us  that  in 
States  that  had  adopted  such  statutory  forms,  these  forms 
were  so  much  preferred,  that  they  had  gradually  come  into 
almost  exclusive  use.  ^j 

On  the  other  hand,  I  think  it  would  be  quite  unwise  iSI 
touch  the  land  law  generally;  by  defining,  for  instance,  the 
law  of  freeholds  and  fees,  or  uses  and  trusts,  or  the  rules  of 
descent.  The  latter,  particularly,  is  a  question  which 
should  be  left  to  the  people  of  each  community  to  settle 
according  to  their  ideas;  and  although,  as  Judge  Brewster 
points  out,  real  estate  in  New  York  goes  to  parents  in 
the  absence  of  children,  and  in  the  adjoining  State  of 
Connecticut  goes  to  the  brothers  and  sisters,  I  doubt  not 
there  is  an  historical  reason  for  that  fact;  that  such  is  the 
preference  of  the  people  of  those  two  States,  and  that  it  would 
be  unwise  for  either  the  State  or  the  commissioners  of  the 
national  conference  to  interfere. 

The  same  may  be  said  of  uses  and  perpetuities,  of  the 
amount  that  a  man  may  devise  in  charity,  and  of  charitable 
trusts  generally.  The  Louisiana  law,  for  instance,  following 
the  French  code,  strictly  limits  the  proportion  of  his  property 

[854] 


Uniform  State  Legislation.  27 

which  a  man  may  bequeath  to  others  than  his  children 
or  other  heirs.  To  a  limited  extent  the  law  of  New  York 
does  the  same  thing;  and  it  is  clearly  a  matter  which  the 
people  of  every  State  have  entire  right  to  settle  for  them- 
selves. 

Powers  of  attorney,  on  the  other  hand,  and  more  particu- 
larly the  laws  of  mortgages,  it  would  seem  very  wise — in 
those  days  when  many  individuals  and  nearly  all  corporations 
are  loaning  money  on  land  in  other  States  of  the  Union — to 
bring  to  some  sort  of  unanimity.  At  present  the  rights  of 
the  mortgage  investor  vary  widely.  In  Minnesota  and  other 
States,  he  has — we  may  almost  say — no  advantage  whatever 
over  an  ordinary  judgment  creditor  except  a  kind  of  priority 
of  attachment;  and  in  some  respects  has  not  even  so  much 
advantage,  as  he  has  practically  no  remedy  whatever  against 
the  debtor,  but  only  against  the  property  mortgaged.  Of 
this  he  cannot  even  get  possession  for  more  than  a  year  after 
default,  during  which  time  the  borrower  enjoys  the  fruits  of 
the  mortgaged  property,  while  the  lender  has  to  pay  all  taxes 
and  insurance;  and  in  the  meantime  the  property  itself  goes 
to  rack  and  ruin,  because  nobody  can  safely  pay  for  repairs. 
In  contrast  to  States  like  Minnesota  and  Kansas,  the  law  of 
Massachusetts,  is  almost  too  harsh  against  the  borrower;  the 
lender  being  allowed  to  sell  the  property  on  a  few  weeks' 
notice  by  publication  in  any  newspaper — a  notice  which  may 
well  never  reach  the  eye  of  the  borrower — and  without  any 
redemption.  Thus  it  happens  that  a  citizen  of  Maawarhuaetta 
who  lends  money  on  mortgage  may  suppose  he  is  getting  the 
full  security  of  the  property  besides  a  personal  liability; 
while  a  citizen  of  Minnesota  who  borrows  the  money  on  mort- 
gage knows  very  well  that  he  is  giving  no  personal  security 
and  that  of  the  property  only  after  much  delay  and  expense 
to  the  borrower. 

The  probate  and  execution  of  wills  has  already  been 
treated  by  the  conference,  and  I  doubt  if  there  is  any- 
thing more  to  do  in  this  direction,  save  that  all  the  States 

[855] 


28  Annai^s  op  thb  American  Academy. 

might  agree  on  the  same.  It  is  clear  that  the  general  law 
regulating  the  interpretation  of  wills  is  in  most  of  the  States 
judicial  (or  court-made)  law,  and  may  not  wisely  be  inter- 
fered with  by  statute.  For  the  same  reason  as  in  the  case  of 
the  descent  of  land,  it  would  not  probably  be  wise  for  the 
national  conference  to  attempt  to  interfere  with  the  laws 
concerning  dower,  or  the  widow's  or  husband's  rights  in 
property.  In  some  Western  States,  following  the  old  New 
York  colony  law,  there  is  a  community  of  property  in  the 
husband  and  wife,  an  institution  which  is  peculiar  to  them; 
and  which,  I  believe,  works  very  well.  It  would  be  useless^ 
to  advise  them  to  give  it  up,  while  the  older  States  wot 
probably  be  slow  to  adopt  the  novelty. 

When  we  come  to  personal  property,  however,  there 
many  more  subjects  which  may  wisely  be  treated.     For 
stance,  the  general  law  of  choses  in  action,  of  the  assignmt 
of  personal  contracts,  pledges  of  stock,  bills  of  lading,  ware- 
house receipts.     Georgia  and  one  or  two  other  States  hai 
adopted  a  complete  code  on  the  subject  of  contract — that 
Georgia  following  Mr.  C.  C.  Langdell's  work;  but  I  thi 
the  bulk  of  legal  opinion  is  still  against  general  codes;  ai 
for  this  reason,  if  for  no  other,  the  conference  will  not  re 
mend  it. 

On  the  other  hand,  the  statute  of  frauds  is  already  so 
nearly  identical  in  all  the  States,  that  it  would  require  hardly 
an  hour's  work  of  a  skillful  draughtsman  to  make  it  actually 
so,  and  this  should  certainly  be  done.  The  same  may  be  said 
of  the  law  of  limited  partnership,  or  warehouse  receipts,  factOB^i 
and  consignees'  acts;  and,  as  I  have  said,  of  bills  and  note^H 

Laws  governing  the  rate  of  interest  and  usury,  however, 
must  necessarily  vary  in  the  different  States  according  as 
their  normal  rate  of  money  is  high  or  low.  The  North  and 
East  seem  to  be  generally  in  favor  of  repealing  all  usury  laws 
of  any  kind;  but  you  will  never  get  the  South  or  West,  oi 
as  it  appears,  even  the  New  York  legislature  to  think  so. 

Lastly,  the  law  of  corporations  is  undoubtedly  one  of  tl 

[856] 


Uniform  State  Lbgislation.  99 

subjects  most  needing  uniformity;  but,  with  the  exception 
r  marriage  and  divorce,  there  is  no  subject  wherein  uni- 
lormity  is  more  hopeless.  The  laws  of  adjoining  States  vary 
from  laxity  to  extreme  severity,  giving  corporations  indefinite 
powers,  or  limiting  them  to  hardly  any.  Not  only  that,  but 
the  law  of  the  State  of  New  York  has  recently  undergone 
a  complete  and  radical  change  from  a  previous  law  which 
limited  corporations  almost  as  strictly  as  do  the  laws  of 
Massachusetts,  to  a  law  which  is  almost  as  liberal  as  that 
of  New  Jersey  and  West  Virginia.  Yet  it  seems  to 
me  that  two  or  three  cardinal  propositions  might  be  adopted 
in  all  States  to  the  benefit  of  the  country  generally: 

First.  That  the  capital  stock  of  all  corporations  should  be 
paid  for  in  cash  at  par,  and  proper  State  regulations  made 
to  see  that  this  was  carried  out. 

Second,  That  this  capital  should  be  maintained  unim- 
paired, and 

Third.  That  the  indebtedness  of  no  corporation  should 
xceed  the  amount  of  its  capital  stock. 

This  is  already  the  law  in  many  States,  and  would  inure 
to  the  great  benefit  both  of  investors  and  creditors  through- 
out the  Union  if  it  could  be  made  general. 

Fourth.  There  is  then  the  important  question  of  the  trans- 
fer of  stock.  I  think,  in  view  of  the  number  of  loans  which 
are  in  modem  times  based  on  a  pledge  of  stock  by  delivery 
of  the  certificate,  that  this  delivery  should  be  made,  as  it 
now  is  in  Massachusetts,  Rhode  Island,  and  many  States, 
sufficient  to  hold  the  stock  in  the  hands  of  the  person  ad- 
\'ancing  the  money  on  it  as  against  any  attaching  creditor 
on  the  books  of  the  corporation. 

And,  finally,  it  is  clear  to  me  that  corporate  trusts,  which 

•  omiit  tlie  severance  of  the  entire  voting  power  from  the  real 

ownership  of  the  stock,  and  which  result  consequently  in 

that  worst  of  conditions — power  without  responsibility — 

hould  be  forbidden  by  statute  in  all  the  States;  and  in  the 

-imie  direction   that   the   voting   upon   proxies  should   be 

[857] 


30  AnnaivS  of  the  American  Academy. 

strictly  regulated,  and  that  all  proxies  should  expire — as 
they  have  to  in  New  York — at  the  end  of  a  limited  and  brief 
period.  The  law  of  New  York  allows  a  proxy  to  last  eleven 
months,  while  that  of  Maine,  which  requires  them  to  be  dated 
thirty  days  before  election,  seems  to  give  sufficient  time. 

In  criminal  law  it  may  be  doubted  whether  any  effort  to 
bring  the  States  together  may  wisely  be  attempted.  Yet 
Judges.  M.  Cutcheon,  chairman  of  the  Michigan  Commis- 
sion, quoting  from  the  well-known  penologist,  Mr.  Frederick 
H.  Wines,  shows  by  numerous  citations  from  criminal 
codes  the  great  inequality  in  the  punishment  of  the  same 
class  of  crimes  when  committed  in  the  several  States.*  ^^^K 
finds,  for  instance,  the  death  penalty  is  in  force  as  follovJ^' 
For  murder  in  all  the  States  except  Rhode  Island,  Michigan, 
and  Wisconsin;  in  I^ouisiana,  for  rape,  assault  with  intent  to 
kill,  administering  poison,  arson  and  burglary;  in  Dela- 
ware and  North  Carolina,  for  rape,  arson  and  burglary;  in 
Alabama,  for  arson  and  robbery;  in  Georgia,  for  rape,  may- 
hem and  arson;  in  Missouri  for  perjury  and  rape;  in  Vir- 
ginia, West  Virginia,  South  Carolina  and  Mississippi,  for 
rape  and  arson;  in  Florida,  Kentucky,  Tennessee,  Texas  and 
Arkansas,  for  rape;  in  Montana,  for  arson  of  dwelling  by 
night;  in  Maryland,  for  any  variety  of  arson.  The  maxi- 
mum penalty  for  counterfeiting  in  Delaware  is  three  years;  in 
Maine,  Massachusetts,  New  York,  Florida  and  Michigan,  it 
is  imprisonment  for  life.  In  Missouri  the  minimum  penalty 
is  five  years,  which  is  the  maximum  in  Connecticut.  For 
perjury  the  maximum  penalty  is  five  years  in  New  Hamp- 
shire, Connecticut  and  Kentucky,  but  in  Maine,  Mississippi 
and  Iowa  it  is  life  imprisonment,  and  in  Missouri  it  is  death, 
if  the  witness  committing  perjury  thereby  designs  to  effect 
the  death  of  an  innocent  person,  while  in  Delaware  the 
crime  is  so  lightly  regarded  as  to  be  punishable  only  by  a 
fine  of  not  less  than  $500  nor  more  than  $2000.* 

•Publications  of  the  Michigan  Political  Science  Association,  No.  3, 
ber,  1894. 

[858] 


Uniform  Statb  Legislation.  31 

But  among  all  the  subjects  considered  that  of  marriage 
and  divorce  arouses  the  greatest  difference  of  opinion,  and 
this  is  obviously  the  most  important  subject  with  which  the 
commissioners  can  deal,  while  it  is  also  a  subject  with  which 
they  are  expressly  directed  to  deal.  The  present  movement 
itself  grew  largely  out  of  the  efforts  and  agitations  of  the 
several  State  and  national  divorce  and  moral  reform  leagues. 
There  is  no  subject  upon  which  uniform  law  has  beoi  so 
much  desired,  and  none  in  which  any  definite  uniform  sUt- 
ute  will  be  so  much  criticised;  yet,  the  statutes  creating  all 
these  State  commissions  ordered  them  to  take  up  the  subject 
of  marriage  and  divorce;  and  some  progress,  even  in  these 
subjects,  has  been  made.  The  conservative  distinction  here 
would  perhaps  be  that  so  far  as  the  forms  go,  the  ceremony 
or  want  of  ceremony,  the  perpetuation  of  evidence  of  mar- 
riage, and  so  far  as  the  mere  procedure,  service  of  process, 
jurisdiction,  and  effect  of  divorce  are  concerned,  a  uniform 
law  may  hopefully  be  attempted;  but  when  it  comes  to  legis- 
lation on  the  causes  which  are  suflBcient  for  divorce,  on  the 
existence  of  divorce  itself,  and  the  nature  and  restrictions  of 
the  marriage  contract — these  matters  go  too  deeply  into  the 
essentials  of  life  to  be  taken  out  of  the  regulation  of  the 
States  for  themselves,  even  by  a  voluntary  and  concerted 
action  on  their  part.  As  all  shades  of  opinion  are  doubtless 
represented  in  the  United  States,  from  those  who  would  have 
no  marriage,  those  who  would  have  it  an  ordinary  dvil  con- 
tract, revocable  like  other  civil  contracts  by  consent  of  both 
parties,  to  those  who  would  have  it  a  sacrament,  a  state  or  a 
finality,  so  most  of  these  opinions  were  represented  in  the 
conference.  The  only  subject  upon  which  the  conference 
really  agreed  was  that  it  should  at  least  be  made  perfectly 
clear  in  every  State  what  a  marriage  is,  when  it  happens,  and 
how  its  evidence  shall  be  perpetiiated. 

The  special  point  about  which  the  tide  of  discussion  d>bed 
and  flowed  was  the  so-called  "common-law  marriage,'*  or 
Scotch  marriage,  marriage  by  consent,  marriage  de  fado,  or, 

[859] 


im- 

I 


32  Annals  of  the  American  Academy. 

as  the  extreme  conservatives  would  call  it,  marriage  which 
is  not  marriage  at  all.  A  strong  general  prejudice  in  the 
South  and  West  in  favor  of  making  marriage  as  easy  as  pos- 
sible was  met  by  an  equally  strong  determination  in  the 
North  and  East  that  people  who  were  about  to  marry  should 
understand  and  realize  the  fact  at  the  time  that  so  im- 
portant an  event  in  a  man's  life  should  at  least  leave  behi 
it  some  trace  which  could  be  a  test  to  his  collateral  hei 
his  descendants,  his  widow,  and  most  particularly  to 
later  alleged  wife.  The  common-law  marriage,  or  m: 
riage  by  mere  cohabitation,  was  declared  ingrained 
the  manners  of  the  people  of  one  section  of  the  country, 
while  the  necessity  of  a  church  ceremony,  or  at  least  some 
civil  act  adequately  representing  it  in  formality,  was  declared 
equally  a  corner-stone  of  the  civilization  of  the  Puritans. 
It  was,  perhaps,  a  depressing  inference  to  draw  that  the 
chief  anxiety  of  our  older  civilization  appeared  to  be  how  to 
avoid  marriage,  while  that  of  the  newer  country  was  rather 
how  most  easily  to  incur  it.  It  may  well  be  imagined  th 
the  conference  wisely  abstained  from  recommending  anythi: 
radical  on  the  subject.  Recognizing  the  impossibility 
keeping  the  sexes  entirely  apart,  the  conference  only 
deavored  to  devise  a  means  of  making  the  parties  clear] 
state  under  what  relation  they  came  together.  The 
was  the  following  resolutions,  which  were  adopted  on 
subject  of  Marriage  and  Divorce: 

MARRIAGE. 

^'Resolved,  That  it  be  recommended  to  the  State  Legislatures 
legislation  be  adopted  requiring  some  ceremony  or  formality,  or  writ 
evidence,  signed  by  the  parties,  and  attested  by  one  or  more 
nesses,  in  all  marriages;  provided,  however,  that  in  all  States  whc 
the  so-called  common  law  marriage,  or  marriage  without  ceremony, 
now  recognized  as  valid,  no  such  marriage,  hereafter  contracted,  sh« 
be  valid  unless  evidenced  by  a  writing,  signed  in  duplicate  by 
parties,  and  attested  by  at  least  two  witnesses. 

^^ Resolved,  That  we  recommend  to  the  several  Legislatures  furl 
to  provide  that  it  shall  be  the  duty  of  the  magistrate  or  clerg 

[860] 


Uniform  State  Lbgislation.  33 

solemnizing  the  marriage  to  file  and  record  the  certificate  of  tnch  mar- 
riage  in  the  appropriate  public  office. 

''Resolved,  That  in  cases  of  common  law  marriagea,  totalled,  eri* 

denced  in  writing,  as  above  provided,  it  shall  be  the  duty  of  the  panics 

to  such  marriage  to  file  or  cause  to  be  filed  such  written  evidence  of 

their  marriage,  in  an  appropriate  public  office,  within  ninety  days 

after  such  marriage  shall  have  taken  place,  and  that  a  failure  so  to  do 

"^ball  be  a  misdemeanor. 

'* Resolved,  That  it  be  further  recommended  to  the  Legislatures  fb«t 

1  case  the  certificate  last  mentioned  be  not  filed  as  aforesaid,  or  if  no 

ibsequent  ratification  by  both  parties,  evidenced  as  aforesaid  by  like 

riting,  be  filed,  then  neither  party  shall  have  any  right  or  interest  in 

.  le  property  of  the  other. 

''Resolved,  That  we  recommend  to  all  the  States  that  stringent  pro* 
vision  be  made  for  the  immediate  record  of  all  marriages,  wheUier 
solemnized  by  a  clergyman  or  magistrate,  or  otherwise  entered  into, 
and  that  said  provisions  be  made  sufficiently  stringent  to  secure  such 
record  and  the  full  identification  of  the  parties.'* 

It  was  strenuously  declared — and  this  at  least  seemed  t» 
meet  the  general  approval — ^that  a  person   who  incnrred 
the  obligation  of  marriage  should  surely  be   required  to 
^o   through   the  same   formality   required    of    him    when 
he  obligated  himself  for  goods  and  merchandise  to  a  greater 
vilue  than    ten    pounds    sterling.       Accordingly,    it    was 
.•clared  that  a  marriage  without  minister,   ceremony,  or 
witnesses,  without  bell,  book  and  candle,  without  record  and 
s  ithout  acknowledgment,  should  at  least  be  evidenced  by  a 
rap  of  paper  signed  by  both  parties,  so  that  the  quesdoo, 
if  it  ever  came  to  trial,  might  be  transferred  to  the  simpler 
studies  of  forgery  rather  than  the  more  complex  investiga- 
tions of  what  Solomon  termed  the  ways  of  a  man  with  a 
!  aid.     And  the  New  England  delegates  further  carried  their 
•  )int  to  the  extent  of  getting  a  recommendatioa,  in  the  form 
r  statute,  to  all  the  States  that  provision  be  made  for  the 
amediate  record  of  marriages,  however  solemnized,  or  when 
)t  solemnized  at  all,— it  being  held  by  them  that  the  qucs- 
lon  of  matrimony  was  of  greater  general  importance  even 
than  that  of  the  proper  ownership  of  an  acre  or  so  of  wild 

[861] 


34  AnnaIvS  op  thb  American  Academy. 

land.  These  matters  were  pretty  unanimously  passed; 
when  the  much- vexed  question  of  the  age  of  consent,  so- 
called,  arose,  there  was,  after  the  most  heated  debate,  very 
far  from  a  decided  vote  upon  the  question.  Many  of  the 
commissioners  were  unwilling  to  touch  upon  the  subject  at 
all.  Other?  said  that  they  were  particularly  charged  by  their 
State  legislatures  to  take  action  upon  this,  and  that  on  no 
other  one  thing  was  there  so  great  a  public  expectation  that 
something  should  be  done.  Attention  was  duly  called  to 
the  fact  that  the  very  words,  ' '  age  of  consent, ' '  may  mean 
entirely  different  things,  according  as  the  statutes  or  laws  of 
a  State  regard  the  breach  of  this  provision.  For  instance,  it 
makes  a  great  difference  whether  an  attempted  marriage 
between  parties,  one  of  whom  is  under  the  age  of  consent,  is 
to  be  declared  no  marriage  at  all,  even  when  followed  by  the 
birth  of  children,  or  whether  it  merely  subjects  the  elder 
party  to  a  sort  of  judicial  reprimand,  or  renders  the  magis- 
trate or  clergyman  liable  to  a  five-dollar  fine,  or  enjoins  upon 
him  the  duty  of  not  marrying  them  unless  one  or  both  par- 
ents be  present. 

The  conference  recognized  this  difference,  but  still  decided 
that  they  could  not  presume  to  go  into  the  manner  in  which 
separate  States  interpreted  their  own  regulations;  and  the 
debate  was  limited  to  the  fixing  of  the  age  of  consent,  wi 
out  deciding  what  the  term  meant.  All  classical  litera 
would  appear  to  show  that  the  age  of  consent,  firom  the 
Garden  of  Kden  down,  would  necessarily  and  solely  mean 
that  age  at  which  the  woman  consented;  and  certainly 
the  descendants  in  all  cases  would  strenuously  stickle  for  that 
theory,  it  being  equally  in  accordance  with  common-sense, 
the  Bible,  and  the  manners  of  the  most  polite  courts.  Never- 
theless, all  the  States  of  this  country,  and  indeed  the  common 
law,  have  established  an  age  of  consent.  The  common  law 
takes  the  liberal  latitude  of  anything  above  twelve  and  four- 
teen. Now  there  is  undoubtedly  a  very  earnest  desire  on 
Ihe  part  of  many  of  our  best  people — ^many  of  those  whose 

[862] 


Uniform  Statb  Lbgislation.  35 

wishes  are  most  to  be  considered  in  matters  of  this  sort— 
that  the  common  law  rule  should  be  made  less  liberal. 
Probably  no  one  would  wish  to  put  it  higher  than  eighteen 
in  the  woman  and  twenty -one  in  the  man;  but  from  within 
this  range  there  are  many  opinions  for  all  possible  ages. 

As  a  result,  the  conference  suggested  the  age  of  eighteen 
in  the  male,  and  sixteen  in  the  female.  Undoubtedly  there 
are  climatic  reasons  for  not  making  this  rule  the  same  in  all 
parts  of  the  countr>';  nevertheless,  the  difficulty  of  estab- 
lishing a  sort  of  Mason-and- Dixon's  line  on  the  ability  to 
marr>'  will  be  obvious  to  the  most  flippant  observer.  The 
recommendation,  as  a  recommendation,  does  no  harm;  but 
the  reader  will  probably  think  that  it  had  better  stay  a  recom- 
mendation, that  the  several  States,  while  perhaps  increasing 
the  common  law  age,  should  nevertheless  be  left  to  determine 
such  precise  needs  as  their  own  experience  warrants,  and 
that  in  all  States  no  marriage  should  be  impeached  for  non- 
age which  is  followed  by  the  birth  of  a  child.  One  may 
apprehend  in  all  seriousness  that  the  question  of  marriage 
and  divorce  cannot  be  settled.  This  is  not  saying  that  it  is 
not  well  to  agitate  it  and  improve  the  laws  where  we  see 
them  at  fault, — notably  in  matters  of  divorce;  and  00  this 
point  the  conference  made  the  following  recommendatloas : 

'* Resolved,  That  it  is  the  sense  of  this  Conference  that  no  jadgmait 
or  decree  of  divorce  should  be  granted  unless  the  defendant  be 
domiciled  within  the  SUte  in  which  the  action  is  brought,  or  shall 
have  been  domiciled  therein  at  the  time  the  cause  of  action  aroae.  or 
unless  the  defendant  shall  have  been  personally  senred  with  proccas 
within  said  SUte,  or  shall  have  voluntarily  appeared  in  such  adioa  or 
proceeding. 

*' Resolved,  That  where  a  marriage  is  dissolved  both  parties  to  the 
action  shall  be  at  liberty  to  marry  again." 

This  will  at  least  prevent  what  is  undoubtedly  the  greatest 
abuse  now,  namely,  the  procuring  of  divorces  easily  and 
without  publicity  in  foreign  States,  which  have  no  proper 
jurisdiction,  and  without  notice  to  the  defendant  party,  who 
is  usually,  in  such  cases,  the  innocent  party.     But  it  would 

[863] 


36  Annai^  of  the  American  Academy. 

seem  that  the  question  of  marriage  is  one  which  not  only 
varies  at  a  given  time  in  diflferent  sects,  in  different  commu- 
nities, in  dififerent  civilizations,  and  in  different  races,  but  is 
one  upon  which  any  one  community  is  not  at  a  point  of  stable 
equilibrium.  Unquestionably  this  most  important  relation 
is  undergo^ig  a  change,  a  change  at  least  in  the  point  of 
view  from  which  it  is  regarded,  if  not  in  the  statutes  em- 
bodying it.  Democracy,  the  modern  view  of  property,  the 
other  modern  movement, — which  only  began  with  Mary 
Wollstonecroft  in  the  early  part  of  this  century,  and  is  known 
as  the  emancipation  of  women, — is  certainly,  in  its  last 
result,  not  going  to  leave  the  relation  of  the  sexes  where  it 
found  it.  And,  yet,  so  far,  there  has  been,  on  the  statute 
book  very  little  change.  All  the  debates  of  conferences  such 
as  this,  while  interesting,  as  the  conversation  of  any  intel- 
ligent person  must  be  on  this  subject,  are  nevertheless 
entitled  to  little  more  consideration  than — perhaps  not  so 
much  as — that  great  unconscious  public  sentiment,  which 
does  not  rise  to  that  point  of  conscious  intellectual  con- 
sideration, but  w^hich,  behind  the  manners  and  movements  of 
mankind,  dominates  the  action  of  humanity,  forms  society, 
and  only  afterward  appears  in  laws  and  statutes. 

Frederic  Jesup  Stimson. 

Boston. 


STATE  SUPERVISION  FOR  CITIES. 

' '  Home  rule  for  cities ' '  is  sometimes  advocated  on  the  plea 
that  a  city  is  not  a  public  but  a  business  corporation.  The 
latter  is  based  on  a  contract  between  the  incorporators  and  the 
State,  which  cannot  be  granted,  altered  or  revoked  without 
the  consent  of  the  corporation,  except  where  such  power  Is 
reserved  or  the  charter  is  judicially  forfeited.  A  pablic  cor- 
poration, on  the  contrary,  is  a  branch  of  government,  created 
for  public  and  social  purposes  to  facilitate  the  administntioii 
of  government.  It  is  not  a  contract,  and  **  the  power  of  the 
legislature  over  such  corporations  is  supreme  and  tran- 
scendent ;  it  may,  where  there  is  no  constitutional  inhibi- 
tion, erect,  change,  divide  or  even  abolish  them  at  pleasure, 
as  it  deems  the  public  good  to  require."  * 

Whatever  may  have  been  its  position  in  the  time  of  the 
lediaeval  guilds,  in  our  day,  a  municipality  is  not  a  private 
or  merely  business  corporation.  It  possesses  the  powers  of 
eminent  domain,  taxation,  legislation  for  the  protectioii  o£ 
life,  property,  health  ;  it  affords  poor  relief,  furnishes  fif«e 
education,  and  enforces  its  regulations  through  the  coorts 
and  the  police.  It  is  based  on  the  compulsory  principle  of 
sovereignty,  and  not  the  voluntary  principle  of  free  contrsct. 
Its  functions  are  public  and  not  private,  political  and  not 
mercantile,  and,  therefore,  the  legislature,  representing  the 
sovereignty  of  the  people,  should  ha\'c  sovereign  control  over 
the  dty. 

But  legislative  interference  with  municipal  politics  worin 
<^^rious  evil.  The  time  of  legislators  is  dix-erted  from  gen- 
eral to  special  laws.  The  legislature  is  oxxrrun  and  coo- 
trolled  by  city  bosses  and  the  lobbies  of  saloon-keepers, 
gamblers  and  corporations.  The  cities  themselves  are  gov- 
erned by  an   irresponsible  outside  authority;!   monidpsl 

•  Dillon,  "  Monici|»l  Corporations."  Vol.  I.  p.  «}. 

tOoodnow.  "  ComparaUre  Adminiatratlire  Law."  VoL  I.  pw  Ml. 

[865] 


38  Annai^  of  the  American  Academy. 

politics  are  identified  with  State  and  Federal  politics  ;  the 
feeling  of  local  independence  and  responsibility  on  the  part 
of  the  voters  Is  destroyed. 

The  principle  of  legislative  control  is  sound,  but  plainly 
the  legislature  itself  is  not  in  a  position  to  exercise  that 
control.  Home  rule,  however,  is  not  the  sole  alternative. 
The  cities  of  Missouri,  California  and  Washington  are,  it  is 
true,  empowered  to  form  and  adopt  their  own  charters,  *  but 
in  the  first  two  States  there  must  be  a  subsequent  ratifica- 
tion by  the  legislature.  In  Washington  ratification  is  not 
required,  but  there  can  be  no  doubt  that  in  case  of  conflict 
between  municipal  and  general  laws  the  courts  would  sustain 
the  latter,  and  therefore  the  legislature  would  continue  to 
control  the  cities,  as  it  does  in  other  States,  through  the 
judiciary. 

The  example  of  foreign  cities,  especially  those  of  Ger- 
many, has  been  fi-equently  cited  on  behalf  of  the  movement 
for  home  rule.  But  foreign  cities  are  neither  as  democratic 
as  ours,  nor  do  they  really  possess  the  powers  of  local  sov- 
ereignty demanded  in  America.  If  the  *  *  three-class  ' '  sys- 
tem of  Berlin,  giving,  as  it  does,  the  control  of  the  city  to 
only  the  very  wealthiest  of  the  property  owners,  were  oper- 
ative in  New  York,  the  city  would  be  governed  by  prob- 
ably less  than  five  per  cent  of  its  present  voting  populatioD. 
Such  a  government  could  be  trusted  with  autonomy,  so  far 
as  economy  and  efficiency  are  concerned  ;  indeed,  it  would 
be  a  government  based  on  the  principle  of  private  business 
corporations  instead  of  that  of  political  corporations.  Even 
in  England  and  France  the  suffrage  does  not  reach  out 
to  the  loafer,  pauper  and  semi-criminal  class  as  it  does  in 
the  United  States.  And  still  further,  in  no  foreign  city  can 
there  be  found  the  heterogeneous  alien  population  which  in 
many  American  cities  furnishes  a  majority  of  the  voters. 
The  ignorant,  foreign,  unpropertied  and  corrupt   elements 

•See  "Home  Rule  for  Our  American  Cities,"  by  E.  P.  Oberholtzer,  Annals, 
Vol.  Ill,  p.  736,  May,  1893. 

[866] 


Statk  Supervision  for  Cities.  59 

are  as  yet  too  powerfal  in  America  to  be  trusted  with  unre- 
stricted local  rule. 

Though  foreign  cities  do  not  feel  the  hand  of  the  legisla- 
ture, yet  they  arc  placed  under  a  far  more  effective  control 
— that  of  the  state  central  administration.  In  Prance,  with 
the  widest  suffrage  among  the  great  nations  of  Europe,  this 
central  control  is  carried  to  the  extreme,  the  government  of 
Paris  being  administered  by  two  appointees  of  the  President 
of  the  Republic.  In  lesser  cities,  where  the  mayor  is  elected 
by  the  council,  he.  as  well  as  all  other  officers,  may  be  re- 
moved or  suspended  by  the  prefect  of  the  department,  who 
is  in  turn  the  appointee  of  the  President.  The  only  parallel 
to  this  in  America  is  the  government  of  the  cit>'  of  Wash- 
ington, where  even  the  extreme  centralization  of  France  is 
exceeded,  since  not  e\'en  an  advisory  coaodl  can  be  dioseii 
by  the  residents  of  the  city.  Congress  enacts  all  laws  for  the 
city,  but  the  entire  administration  is  in  the  hands  of  three 
commissioners  appointed  by  the  President  of  the  United 
States.  Washington  furnishes  a  bright  contrast  to  the  gloom 
of  American  city  politics;  its  government  is  strong,  efficient, 
honest  and  progressive,  but  it  is  also  irresponsible,  undemo- 
cratic, and  paternal.  It  cannot  be  contemplated  for  other 
cities. 

In  Germany  the  fullest  powers  of  idfgovcmment  are 
given  to  cities  but  the  central  administratkNi  always  re- 
tains the  right  to  veto  the  choice  of  officials,  and  there  are 
very  important  organs  for  inspection  and  appeal.  The  main 
advantage  of  administrative  over  legislative  control  is  there 
well  exhibited.  Such  control  being  always  ready  for  actioo 
is  seldom  compelled  to  act.  For  this  reason  the  mistake  is 
sometimes  made  of  assuming  that  German  dtics  are  sob- 
jected  to  no  state  control.  In  Berlin  the  state  anthority 
{OUrprasidenf)  appointed  by  the  sovereign  has  extensive 
powers.  Not  only  may  he  insert  items  in  the  budget  and 
collect  taxes  to  meet  the  same  if  the  coondl  should  refuse, 
but  he  may  even  dissolve  the  coondl  and  order  a  new  dection. 

[8^1 


40     Annai^s  of  the  American  Academy. 

During  the  interval  commissioners  appointed  by  the  MitjHI 
ister  of  the  Interior  manage  the  local  government.     Bu^^ 
notwithstanding  this  most  extended  right  of  control,  "no 
occasion  for  its  intervention  arises,"  *  since  the  Oberprdsident 
who  is  always  at  hand,  is  always  consulted  before  action  is 
taken  on  important  matters,  and  thus  any  conflict  is  avoided. 
In  England  the  I/x:al  Government  Board  is  an  important 
wheel  in  the  government  of  cities.    Its  president  is  a  member 
of  the  cabinet,  sits  in   parliament,  and  receives  a  salary. 
The  I/)rd  President  of  the  Council,  all  the  Secretaries  of 
State,  the  Lord  Privy  Seal  and  the  Chancellor  of  the  Ex- 
chequer are  ex-officio  members.     The  work  is  done  by  the 
president  and  salaried  officials,  who  are  financiers,  medical 
men,  architects,  engineers,  and  other  specialists  holding  office 
on  permanent  tenure.     This  board  was  created  in  1 87 1  bj^ j 
the  union  of  the  poor-law  board  with  that  of  public  healtli^^l 
Its  functions  are  :   (i)  To  advise  local  authorities  and  parlia- 
ment.    All  local  and  special  legislation  to  be  presented  t^^ 
parliament  must  first  pass  under  the  inspection  of  the  boar^HI 
whose  recommendations  are  usually  adopted  by  parliament. 
In  America  this  class  of  laws  consumes  one-half  to  two-thirds 
of  the  time  of  our  legislatures  and  results  in  endless  lo^HI 
rolling.     (2)  The  board   is  given  complete  administrative 
and  financial  control  over  poor  law  and  sanitary  authorities 
extending  even  to  the  removal  of  officers  and  the  admini 
tration  of  local  affairs  by  a  temporary  commission  with  pow 
to  levy  and  collect  taxes.    The  educational  department  of 
privy  council  has  similar  power  over  local  school  boa 
Over   municipalities   proper  the   Local  Government  Boar 
has  a  direct  control   only  in  the  more  important  financial 
transactions.     The  board  prescribes  forms  and  particulars  f( 
returns  to  be  made  yearly  by  town  clerks,  giving  the  receipl 
and  expenditures  of  the  municipal  corporations.      These  r( 
turns  are  published  and  laid  before  parliament.    Throughoi 

*  Report  of  Mr.  Coleman  on  the  Municipal  Administration  of  Berlin,  Fc 
Relations,  Executive  Documents,  Vol.  I,  1881-82. 

[868] 


State  Supervision  for  Cities.  41 

the  entire  Municipal  Corporation   Act  of  1882  the  exist- 
ence of  the  Local  Government  Board  is  recognized  as  an 
essential  part  in  the  constitution  of  city  go\'emments.     The 
following  facts  illustrate  its  financial  control :  In  1892  the 
N jard  sanctioned  several  hundred  separate  loans  of  munici- 
pal corporations  and  urban  sanitary  authorities  to  the  aggre- 
gate amount  of  /y. 967. 975.  fixing  the  dates  of  repayment  at 
ten  to  thirty  years,  and  granted  eighty-two  *  *  instmments  *  * 
j^ roving  of  transactions  such  as  '*  sales  and  leases  of  cor- 
porate property,  exchange  and  purchase  of  land,  appropria- 
tion of  land,  the  application  or  investment  of  moneys  ariaiiig 
•rem  the  sale  of  land,  and  the  appropriation  of  the  proceeds 
f  the  transfer  of  government   stock  or  annuities."     The 
arefiil  supervision  given  by  the  board  in  the  matter  of  in- 
lebtedness,  is  indicated  by  the  following  passage  from  the 
Vnnual  Report  to  Parliament  for  1892-93:*  "It  has  been 
iir  practice  to  provide  against  any  diminution  of  the  mtini- 
cipal  inheritance  by  requiring  the  sum  advanced  to  be  repaid 
within  a  certain  number  of  years,  with   interest,  from  the 
fund  or  rate  on  which  the  expense  would  otherwise  have 
fallen.      The  sums  thus   repaid,  as  well   as  other  capital 
moneys  payable  to  corporations  in  respect  of  the  sale  of 
land  or  similar  transactions,  have  generally  been  required  by 
us  to  be  invested  in  government  annuities.      In  some  in- 
stances the  disposal  of  property  has  been  in  consideratioQ  of 
perpetual  annual  ground  rents  ;  and  in  others  we  have  not 
inserted  in  our  instrument  approving  of  tlic  alienation  of  the 
property  any  instructions  as  to  the  appropriation  of  the  pfo- 
ceds,  the  latter  being  reserved  for  subsequent  directkMit." 

It  may  be  thought  that,  with  the  central  control  limited 
to  only  one  or  two  features  of  municipal  finances,  the  cities 
1  Great  Britain  are  models  of  local  sovereignty:  yet  when  it 
>  remembered  that  the  expensive  departments  of  poor  relief, 
sanitation   and   education,  which  are   under  complete  ad- 
ministrative control,  are  not  combined  with  the  municipal 

*  Page  Kzix. 

[869] 


42 


Annals  of  thk  American  Academy. 


government  proper,  but  are  organized  as  separate  corpora- 
tions, and  that  the  police  and  judiciary  are  effectually  subor- 
dinated to  central  authorities,  it  will  be  understood  that 
only  an  insignificant  portion  of  municipal  government 
England  is  vouchsafed  the  questionable  boon  of  unrestricte 
home  rule. 

In  the  United  States  there  has  been  a  variety  of  ex] 
ments  in  State  administrative  supervision  and  control  ove 
local  authorities,  especially  in  the  matters  of  health,  chariti( 
prisons  and  taxation.    The  movement  is  as  yet  but  tentative 
lyocal   officers    are  treated  with    consideration.      Little 
asked  from  them,  less  is  commanded,  and  almost  nothii 
is  enforced  through  the  effective  agencies  of  penalties,  sus 
pensions  and  removals.      But  the  nature  of  the  movement 
worthy  of  attention  and  it  may  reveal  hopeful  possibilities. 

The  earliest  and  most  essential  State  control  is  that  exerl 
cised  by  State  boards  of  health.     The  Iowa  law  of  1880 
typical.      The  governor  appoints  the  State  Board  of  Heall 
which  consists  of  the  attorney-general  (by  virtue  of  his  office)] 
one  civil  engineer  and  seven  physicians,  who  receive  no  saU 
ries.     The  board  in  turn  appoints  a  salaried  secretary  whj 
must  be  also  a  physician.     It  has  authority  to  make  rules  an^ 
regulations  and  sanitary  investigations,  and  it  is  "  the  dut 
of  all  police  officers,  sheriffs,  constables,  and  all  other  officei 
of  the  State,  to  enforce  such  rules  and  regulations,  so  far 
the  efficiency  and  success  of  the  board  may  depend  u] 
their  official  co-operation."    The  mayor  and  aldermen,  wh< 
act  as  the  board  of  health  in  incorporated  cities,  are  requii 
to  enforce  the  regulations  of  the  State  board.      In  Indiai 
the  law  goes  still  further  and  provides  a  penalty  for  disol 
dience,  which  may  not  exceed  $100  upon  first  convicti( 
before  a  court  or  jury,  but  to  which,  upon  second  conviction j 
imprisonment  for  ninety  days  may  be  added.     In  case 
epidemic  the  State  board  may  take  entire  charge  of  the  1( 
health  administration. 

State  boards  of  charities  and  corrections  have  been  calk 

[870] 


State  Supkrvision  for  Citibs.  43 

into  being  expressly  to  overcome  the  indifference,  ignorance, 
corruption  and  brutality  of  local  officers  in  the  care  of  the 
poor,  and  also  to  aid  in  the  control  and  administration  of 
I  he  State  charitable  and  penal  institutions.  Previous  to  the 
<  reation  of  these  boards,  county  almshouses  were  almost 
everywhere  in  the  condition  of  the  Albany  City  Ahnshouse, 
described  by  Mr.  Letchworth,*  as  notorious  for  "utter 
indifference  to  sanitary  laws,  promiscuous  association  of 
young  and  old  of  both  sexes,  disregard  of  the  rules  of 
common  decency,  brutal  treatment,  dirt,  cold,  foul  air,  putrid 
meat,  insufficient  clothing."  The  failure  of  uncontrolled 
local  government  in  poor  administration  had  become  pro- 
found and  dangerous.  To-day  wherever  State  boards  have 
been  established,  these  conditions  no  longer  exist.  In  the 
words  of  General  Brinkerhoff,  Chairman  of  the  Ohio  Board  : 
"Substantially  everything  in  the  way  of  progress  in  the 
development  of  our  charitable,  correctional  and  benevolent 
institutions  has  originated  with  the  Board  of  State  Chanties, 
and  hardly  a  year  has  passed  in  which  a  step  forward  has 
not  been  taken  in  legislation  through  its  influence." 

These  boards  are  now  established  in  eighteen  States.  Their 
organization,  powers  and  duties  are  widely  different.  It  is 
not  possible  to  enter  here  into  a  detailed  comparison  of  the 
different  boards,  but  as  a  result  of  the  widely  different  ex- 
periments, the  following  conclusions  f  appear  to  be  substan- 
tially agreed  upon  by  the  leading  students  and  administnUon 
of  charities  and  corrections.  The  members  should  be 
appointed  by  the  governor,  from  the  two  leading  political 
parties,  for  a  term  of  six  to  eight  years.  A  long  term  gives 
opportunity  for  knowledge,  experience  and  a  continiioiis 
ix)licy,  while  reducing  the  influence  of  politics.  There 
-hould  be  from  five  to  nine  members,  the  governor  of  the 
State  acting  as  ex-officio  president,  in  order  to  increase  its  in- 
fluence and  the  force  of  its  recommendations  to  the  legislature. 

•  Twenty-sbith  Aaottal  Report,  SUte  Boftrd  of  Charitin  of  New  York,  itpu 
t  SUtcd  by  Mr.  Lctchworth  In  the  Ifew  York  rrport  already  dUd. 

[87'] 


44  AnnaIvS  of  th«  American  Academy.  m 

Members  should  receive  no  compensation  except  for  actud 
traveling  expenses.  The  secretary  should  be  appointed  by 
the  board  and  should  receive  a  salary  fully  commensurate 
with  the  ability  required,  and  the  responsibility  of  his  work. 
He  is  the  expert  of  the  board,  usually  a  high  authority  on 
questions  of  charity  and  penology,  and  should  be  liben 
supplied  with  clerical  help. 

It  is  quite  evident  that  in  the  fundamental  matter  of  t£ 
tion  where  local  divisions  are  called  upon  to  make  commc 
contributions  to  State  expenses  there  must  be  direct  St 
administrative  control  over  the  local  taxing  authoritie 
Otherwise  localities  are  able  by  undervaluation  to  escaj 
their  fair  portion  of  State  taxes.  To  meet  this  evil  and  also 
to  furnish  a  board  of  appeal  for  aggrieved  taxpayers,  as 
well  as  a  board  of  assessment  for  certain  classes  of  corporate 
property,  twenty -five  of  the  American  States  have  created 
State  boards  of  equalization  and  assessment.  As  agencies 
for  equalizing  taxes  these  boards  have  been  unsatisfactory 
because  their  task  is  an  impossible  one.  Yet  in  this  and  other 
things  they  have  achieved  some  success,  and,  since  scarcely 
two  boards  are  constructed  in  the  same  way,  a  comparative 
study  throws  considerable  light  upon  the  best  methods  of 
selection.  Probably  the  most  inefficient  board  in  the  countriHI 
is  that  of  Illinois,  where  the  board  is  composed  of  one  men^"' 
ber  from  each  congressional  district,  elected  by  popular  vote. 
The  board  which  can  show  the  best  results  since  its  creation 
in  1 89 1,  is  that  of  Indiana,  consisting  of  five  members,  the 
governor,  auditor  and  secretary  of  state  ex  officio,  with 
two  salaried  commissioners  appointed  by  the  governor,  from 
diiSerent  political  parties,  for  a  term  of  four  years.  The 
latter  members,  perform  the  expert  administrative  work 
of  the  board,  while  the  ex-officio  members  give  it  high 
standing  and  authority.  The  duties  of  the  board  are  to 
prescribe  forms  of  assessment  books  and  blanks  for  town- 
ship and  county  assessors,  to  construe  the  tax  and  revenue 
laws  of  the  State ;  to  see  that  assessments  of  property  are 

[872] 


State  Supervision  for  Cities.  45 

according  to  law  ;  to  have  original  jurisdiction  in  asaeflsing 
railroad  property  ;  to  see  that  all  taxes  due  to  the  State  are 
collected ;  to  enforce  penalties  upon  violation  of  revenue 
laws ;  to  study  different  systems  of  taxation  and  to  recom- 
mend changes  to  the  legislature.  Its  powers  are  £u'-reach- 
ing.  It  may  subpoena  and  examine  witnesses  ;  administer 
oaths ;  demand  access  to  books  or  papers  of  any  corporation  ; 
fine  persons  who  disobey  subpoenas;  receive  and  decide 
appeals  from  county  boards  of  review.  In  the  asseasment 
of  railways  it  is  bound  by  no  statutory  rules,  and  its  powers 
are  discretionary.  In  the  first  year  of  its  existence  it  raised 
the  valuation  of  railways  from  $69,000,000,  as  established 
therto  by  the  thousand  township  aascjsors  of  the  State,  to 
^x),ooo,ooo,  an  increase  of  130  per  cent  This  startling 
ult,  and  incidentally  the  comprehensive  powers  of  the 
I  board,  have  been  recently  sustained  in  a  notable  decision  by 
the  Supreme  Court  of  the  United  States. 

Coming  yet   more   closely  to  the  question  in  hand,  the 

ates  of  Minnesota,  North  Dakota  and  South  Dakota  have 

i  rovided  an   ofl&cer,    the  public  examiner,  whose  duty  is 

tlie  direct  supervision  of  certain  local  authorities.     These 

are  the  only  States  in  the  union  which  have  taken  any  steps 

in  this  direction.     The  experiment,  so  far  as  it  goes,  shows 

'decidedly  good  results,  and  should  be  brought  to  the  attcn- 

n  of  the  law-makers  in  other  States.     Minnesota  is  the 

oneer  in  the  movement,  her  statute  having  been  enacted  in 

78,  while  the  Dakotas  copied  the  MinnesoU  act  upon  their 

admission  to  statehood. 

The  Minnesota  Uw  of  1878  provides  that  a  public  exam- 
iner shall  be  appointed  by  the  governor,  who  shall  be  a 
illfiil  accountant  and  who  shall  have  power  to  examine  the 
.accounts  of  State  institutions.  State  and  county  officers,  and 
[banking  institutions.  As  respects  county  officers,  it  is  made 
his  duty  to  enforce  a  correct  and  uniform  system  of  book- 
keeping, to  expose  erroneous  systems,  to  ascertain  the  char- 
acter and  financial  standing  of  bondsmen,  and  to  approve  or 

[873] 


46  Annals  of  the  American  Academy. 

reject  such  sureties,  to  personally  visit  at  least  once  a  year 
said  ofi&cers  without  notice  to  them,  and  to  make  a  thorough 
examination  of  their  books,  accounts,  vouchers,  assets, 
securities,  bondsmen,  commissions,  fees,  charges.  Where 
county  officers  neglect  or  refuse  to  obey  his  instructions  the 
attorney-general  is,  on  application,  required  to  take  action  to 
enforce  compliance.  Reports  are  made  to  the  governor  who 
may  suspend  or  remove*  county  officers  for  malfeasance  or 
non-feasance  in  the  performance  of  official  duties. 

The  biennial  reports  of  the  examiner  present  a  vivid  pic- 
ture of  the  need  for  such  an  officer,  of  the  difficulties  en- 
countered and  of  the  increasing  benefits  of  the  law.  County 
officers  were  found  to  be  derelict  in  their  duties,  books  and 
accounts  were  confused,  bondsmen  were  lacking,  public  funds 
were  yielding  large  interest  payments  to  the  private  purses 
of  treasurers,  several  commissioners,  auditors  and  sheriffs 
were  receiving  unusual  and  illegal  fees,  money  was  being 
paid  out  without  warrants  and  received  without  records, 
besides  numberless  petty  irregularities.  Most  of  these  evils 
were  corrected  within  a  few  years,  notwithstanding  the  fact 
that  the  examiner  has  never  been  granted  adequate  clerical 
help.  In  1878  only  seventeen  counties  received  interest 
on  public  funds,  to  the  amount  of  $7000.  In  1886  fifty- 
seven  counties  received  $29,000.  This  item  alone  recom- 
penses the  State  beyond  the  expenses  of  the  examiner's  office. 
In  the  early  years  of  the  statute  the  examiner  secured  the 
suspension  of  several  county  officers  for  incompetence  and 
malfeasance.  ' '  The  salutary  effect  of  these  removals, ' '  says 
the  report  of  1880,  ''has  reached  far  beyond  the  offenders 
immediately  concerned.  There  has  been  a  general  toning  up 
of  officials  to  resist  the  incipient  encroachments  upon  the 
treasury  which  are  the  sure  foundation  of  future  troubles." 

Not  the  least  important  result  of  the  office  has  been  the 
information  given  to  the  legislature  and  the  public  upon  the 
defects  of  the  laws  governing  county  officers.     Several  of 

♦Ai  amended  by  act  of  1881. 

[874] 


State  Supervision  for  Cities.  47 

the  examiner's  recommendations  have  been  adopted,  to  the 
marked  advantage  of  the  public  service,  such  as  amendments 
governing  the  deposits  of  public  funds,  making  the  treas- 
urer as  well  as  other  officers  subject  to  sospenakm,  giving 
the  governor  power  to  remove  officers  as  well  as  to  suspend 
them,  providing  legal  forms  for  official  bonds,  and  aecnring 
checks  upon,  and  uniform  entry  of,  all  payments  by  the 
treasurer  in  the  auditor's  office. 

The  Minnesota  law  is  by  no  means  perfect,  and  the  exam- 
iner has  been  vmable,  mainly  by  reason  of  insufficient  appro- 
priations, to  fulfill  all  the  possibilities  of  his  position.  The 
law  extends  to  county  officers  only  and  should  be  eictended 
to  towns,  townships  and  cities.  Other  duties  are  assigned 
to  the  examiner,  especially  the  super\'ision  of  building  and 
loan  associations,  State  banks,  the  State  treasury  and  State 
institutions.  In  recent  years,  the  examiner  has  been  giving 
his  attention  largely  to  the  banks.  The  same  is  true  of  the 
examiners  in  the  Dakotas. 

The  extension  of  the  examiner's  supervision  to  cities  would 
very  naturally  occur  to  the  student  of  American  city  govern- 
ment.  On  inquiry  I  learn  from  Mr.  M.  D.  Kenyon,  the 
public  examiner  of  Minnesota,  that  a  partial  trial  has  already 
been  made  in  the  city  of  St.  Paul.  He  writes  :  "In  regard 
to  the  extension  of  this  office  over  city  governments.  I  have 
to  say  that  in  1891  the  legislature  by  special  enactment  pro- 
vided that  this  office  should  exercise  its  powers  over  the 
financial  offices  of  the  city  of  St.  Paul.  And  while  not  pro- 
viding for  a  complete  audit  of  the  business  of  the  city,  the 
financial  plans  of  the  various  officers  have  been  examined  at 
considerable  detail  and  some  mattefs  of  irregularities  have 
l^een  gone  into  extensively  and  the  public  informed  in  regard 
thereto  and  corrections  made  where  necessary.  It  would 
be  entirely  practicable  to  extend  the  jurisdiction  of  the  office 
over  municipal  corporations  by  providing  proper  ttwttlmce. 

"In  the  case  of  this  city  the  expciuse  was  provided  for 
in  the  act,  to  be  paid  for  by  the  city  at  a  sum  not  to  exceed 

[875] 


48  Annaxs  of  thk  American  Academy.  f 

$600  in  any  one  year  and  not  more  than  $6  per  day  for  thtea 
time  consumed  in  making  examinations.  9|l 

"  As  a  matter  of  fact,  the  first  examination  cost  something 
like  $300,  the  second  the  entire  sum  of  $600  (the  examina- 
tion covering  a  large  amount  of  delinquent  special  taxes), 
the  third  $69.  It  is  thought  that  generally  the  expense 
would  not  exceed  in  the  future  a  larger  sum  than  $100  p€ 
year.  If  the  entire  audit  of  the  business  were  made  for 
year  it  would  probably  require  the  sum  of  $600  per  year  fa 
a  city  of  this  size.  If  practicable,  the  plan  of  requiring 
corporations  to  pay  expenses  of  examination  would  be  tl 
better  one,  the  State  paying  the  salary  of  the  principj 
oflficer,  and  the  amount  contributed  by  the  corporatioi 
being  used  in  procuring  clerical  help,  and  the  limitation 
the  amount  required  from  each  corporation  being  determine 
by  the  ntunber  of  inhabitants. 

' '  After  having  become  thoroughly  familiar  with  matte 
of  each  municipality,  they  could  be  systematized  in  the  Si 
manner  as  we  have  been   enabled  to  systematize  count 
affairs,  and  the  expenses  kept  within  reasonable  limit,  so  thi 
they  would  not  be  burdensome. ' ' 

The  opinion  of  Mr.  T.  E.  Blanchard,  the  examiner 
South  Dakota,  is  also  of  interest.    He  says :   * '  Minnesota 
North  Dakota  have  offices   almost  exactly  similar  to  tl 
public  examiner  in  this  State.     I  know  of  no  other  whi< 
embraces   the  same  idea.      The  States  very  largely  ha^ 
some  kind  of  supervision  of  banks.      The  plan  of  centi 
control  of  counties  and  public  institutions  works  admirablj 
wherever  tried.     Besides  systematizing  the  system  of  acts 
saves  many  times  the  amount  it  costs.     Much  money  cot 
be  saved  to  the  public  if  something  of  the  kind  could 
applied  to  city  and  township   governments,   as  I   belie\ 
there  are  more  irregularities  and  defalcations  in  these  ths 
in  counties,  because  the  people  have  less  access  to  thei 
and  crookedness  and  mismanagement  are  more  easily 
cealed." 

[876] 


State  Supervision  for  Cities.  49 

Finally,  experiments  in  civil  service  refonn  seem  to  indi- 
cate that  if  American  cities  are  to  rid  themaelves  of  the  spoils 
system,  they  must  call  to  their  help  the  State  admioistrative 
authorities.  In  European  cities  civil  service  regnlations, 
examinations,  appointments  and  removals  are  nearly  all  in 
charge  of  the  heads  of  departments  immediately  concerned. 
The  '  •  Civil  Service  Commission  *  *  is  unknown  to  their  ad- 
ministrative economy.  But  in  the  United  States  where  the 
heads  of  departments,  both  in  federal  and  municipal  politics 
are  usually  political  officers  in  the  partisan  sense  of  that 
term,  it  has  been  found  tliat  if  appointments  are  to  be  made 
on  the  basis  of  merit  and  efficiency  tliey  must  be  made  under 
the  supervision  of  a  "  non-partisan  "  board  or  commission. 
The  operation  of  this  principle  in  federal  appointments  is 
well  known,  but  its  application  to  cities  has  not  proven  a 
success.  Philadelphia  and  Brooklyn  have  municipal  com- 
missions which  are  reporte<l  to  be  wholly  «niwitisfartor>'. 
But  Massachusetts,  apparently,  has  pointed  the  way  to  a 
successful  merit  system  for  cities.  The  Massachusetts  Civil 
Service  Commission  is  a  State  board.  It  has  supervision 
•ver  the  appointments  of  officials  in  both  State  and  munici- 
nal  service.  It  consists  of  three  commissioners  appointed  by 
:  he  governor,  for  a  term  of  three  years,  recei\nng  $5.00  per 
lay  of  actual  service,  though  the  work  of  the  commisstoa  is 
lainly  performed  by  a  chief  examiner  and  a  seoetafy  assisted 
by  local  registration  clerks  and  examiners.  Competitive  and 
non-competitive  examinations  are  held  by  the  board,  and 
certificates  of  eligibles  are  made  to  the  heads  of  municipal 
departments  on  requisition  by  the  latter.  Three  names  are 
ertified  for  one  vacancy,  four  names  for  two  vacancies,  five 
lames  for  three  vacancies,  and  so  on.  Appointments  can 
>c  made  only  from  these  certified  lists,  the  heads  of  depart- 
Mients  retaining,  howe\'er.  full  power  to  disdiarge  empk>3res. 
Phe  law  applies  to  clerks,  laborers,  firemen,  policemen  and 
iniant  officers,  but  not  to  heads  of  departments  or  confiden- 
tial appointees.     The  legislature  almost  yearly  extends  the 

[877] 


50  Annals  of  thk  American  Acad^iviy. 

classified  service,  and  cities  may  secure  still  further  exten- 
sion by  petition  to  the  commission.  The  results  in  Boston 
are  increasingly  satisfactory.  That  public  service  in  the 
humbler  positions  is  becoming  more  permanent  is  shown  by 
the  fact  that  the  number  of  laborers  discharged  fell  from 
1116  in  1887  to  446  in  1893. 

These  experiments  in  central  administrative  control  of 
local  governments  in  the  United  States  will  recall  to  the 
student  of  English  history  the  manner  in  which  the  present 
Local  Government  Board  originated.  Previous  to  the  year 
1 87 1  separate  and  almost  independent  authorities  exercised 
some  control.  The  Poor  I^aw  Board  was  created  in  1834. 
The  Home  OflSce,  the  Privy  Council  and  the  Board  of  Trade 
shared  such  control  as  existed  over  sanitation  and  local  gov- 
ernments. The  law  of  1871  gathered  together  this  scattered 
superintendence  of  local  affairs  into  the  hands  of  the  lyocal 
Government  Board.  Paralleling  this  course  of  development 
it  may  eventually  come  about  that  American  States  will 
combine  in  one  central  board  the  disconnected  functions  of 
the  several  organs  already  described.  But  for  the  control 
of  municipal  corporations,  which  might  well  be  extended  to 
counties  and  townships,  the  following  scheme  is  suggested: 

Cities  should  be  granted  home  rule  and  greater  freedom 
from  legislative  interference,  but  not  as  unrestricted  as  that 
vouchsafed  by  the  State  of  Washington.  The  legislature 
should  not  be  deprived  of  the  power  of  enacting  general  laws 
governing  municipalities. 

A  State  Municipal  Board  should  be  established.  It  should 
be  composed  of  the  governor,  attorney-general,  and  auditor, 
by  virtue  of  their  ofl&ces,  and  from  six  to  ten  unsalaried  citi- 
zens in  equal  numbers  from  the  two  principal  political 
parties,  one  of  whom  should  be  appointed  each  year  by  the 
:govemor  for  terms  of  from  six  to  ten  years.  If  it  should 
be  thought  wise  in  some  States  to  make  the  board  entirely 
non-partisan, — or  rather  bi-partisan, — the  proposed  ex-officio 
members  might    be    dropped.      The    board    should    meet 

[878] 


State  Supbrvision  por  Cxtihs.  51 

monthly,  but  its  administrati\'e  work  would  be  done  by  salt- 
ried  experts  receiving  good  salaries  and  appointed  to  office 
by  the  board  during  its  pleasure. 

1 .  The  duties  of  the  board  would  be:  Supervisory  and  not 
administrative.  It  should  not  hax'e  power  to  discipline, 
remove  or  suspend  officers.  Its  only  control  over  them 
should  be  to  make  recommendations  to  the  governor,  who  in 
turn  should  have  discretionary  but  plenary  powers  to  sus- 
pend or  remove  such  officers.  In  case  of  removal  the  ordi- 
nary local  machinery  of  election  or  appointment  should  alone 
be  called  upon  to  fill  the  vacancy. 

Two  advantages  would  be  gained  by  such  limitations  upon 
the  power  of  the  board.  Having  no  official  spoils  to  distrib- 
ute, it  would  not  become  an  object  of  political  ambition,  and 
it  could  not  relieve  local  communities  from  responsibility  for 
their  own  government. 

2.  An  Auditing  Department,  composed  of  experts,  should 
prescribe  a  system  of  municipal  bookkeeping  and  shonld 
examine  the  books  of  city  officers  at  any  time,  without  notice. 
1  uU  examinations  and    reports  should   be  made  at   least 

nnually,  giving  comparative  standing  of  all  cities  in   the 
lore  important    financial  items  of  expenditures,  revenues, 
taxes,  tax  rate  and  debt. 

3.  A  Civil  Service  Department  should  have  charge  oC 
examinations  and  certifications  for  the  civil  service  of  cities, 

^  in  Massachusetts. 

4.  The  approval  of  the  board  should  be  required  for  all 
and  contracts,  and  financial  measures  to  insure  thc< 
of  the  legal  debt-limit,  and  to  protect  the  city's 

5.  The  board  should  conduct  local  investigations  of 
plaints  and  abuses  similar  to  those  now  held  by  legislative 

>mmittees,  and  should  publish  testimony  and  findings.  The 
)ard  should  have  full  power  to  summon  witnesses,  admin- 
ter  oaths  and  inflict  poialties  for  contempt. 

6.  It  should  report  to  the  legislature  a  full  accovint  of 
the  work  of  the  board,  pointing  out  with  recommendatioos 

[879] 


52  Annals  of  the  American  Academy. 

for  amendments  any  defects  in  the  laws  governing  cities  and 
prescribing  the  duties  of  officials.  The  advantages  of  this 
plan  of  administrative  supervision  may  be  briefly  summarized. 

1.  The  State  Municipal  Board  is  the  agent  of  the  legisla- 
ture. It  can  be  created  without  constitutional  amendment. 
It  is  a  recognition  of  the  legislature's  sovereign  control  over 
municipalities,  but  also  of  the  legislature's  inability  to 
wisely  exercise  that  control  without  expert  advice.  The 
annual  and  special  reports  of  the  board  are  the  indispensable 
basis  for  accurate  legislation.  The  temptation  and  excuse 
on  the  part  of  partisan  legislators  to  interfere  with  local 
government  because  of  alleged  evils  is  removed. 

2.  Men  of  the  highest  character  can  be  enlisted  in  the 
public  service.  This  has  been  the  case  almost  universally 
in  State  boards  of  charities.  The  unsalaried  members  of 
these  boards  are  noted  for  their  integrity  and  public  spirit. 
It  is  in  imitating  their  organization  that  we  may  hope  to 
find  a  plan  already  tested  and  adapted  to  American  condi- 
tions. The  paid  professional  agents,  the  specialists  and 
experts,  appointed  to  perform  the  administrative  duties  of  the 
municipal  board  would  become  the  first  authorities  in  their 
respective  subjects  to  be  found  in  the  country.  This  is  true 
to-day  of  the  secretaries  of  our  best  State  boards  of  charities 
and  corrections,  several  of  whom  are  world-wide  authorities 
on  both  the  scientific  and  practical  sides  of  penology  and 
charities.  The  State  Municipal  Board  would  provide  a  sim- 
ilar professional  field  for  our  highest  practical  authorities 
on  city  administration. 

3.  Administrative  supervision  reaches  the  acts  of  officials 
rather  than  their  persons. *  Unlike  the  legislature  or  the 
judiciary  it  is  always  ready  to  act.  It  precedes  rather  than 
follows.  It  prevents  corruption  rather  than  punishes  it. 
Yet  in  the  United  States  this  control  can  be  neither  as  can-  , 
tralized  nor  as  powerful  as  in  France  or  Germany.     It  must 

♦Compare  Goodnow  on  Administrative  Jurisdiction,  in  "Comparative  Adminis- 
trative Law,"  Vol.  II,  pp.  191-2. 

[880] 


State  Supervision  for  Citiks.  53 

be  supervisory  in  character,  and  if  local  officers  are  to  be 
removed  or  suspended,  such  power  should  \x  entrusted  only 
to  the  governor,  as  in  Minnesota. 

4.  It  is  in  the  power  to  make  local  investigatioos  of  cor- 
ruption, excess  of  power,  negligence  and  inefficiency,  that 
the  greatest  strength  of  the  board  resides.  The  grant  of 
this  power  recognizes  the  fact  often  cited,  but  not  fully  util- 
ized, that  ours  is  a  government  by  public  opinion.  This  is 
an  extremely  delicate  kind  of  government,  but  at  the  same 
time  thoroughly  efficient  if  the  proper  organs  are  devised. 
Public  opinion  requires  publicity.  It  is  founded  on  knowl- 
edge. At  present  it  works  too  often  in  the  dark,  because  this 
knowledge  is  not  timely,  adequate,  nor  certain.  Pro\'ide  the 
machinery  for  furnishing  the  people  with  accurate,  reliable, 
expert  information,  and  they  can  then  govern  themselves. 

Here  again  the  State  boards  of  charities  and  correctioiit 
have  fiilly  demonstrated  this  proposition.  Suppose  the 
charge  is  made,  for  example,  that  the  wardens  and  officers 
of  the  State  penitentiary  are  abusing  the  inmates,  or  that 
peculation  exists  in  the  management  of  the  insane  asylum. 
Formerly  a  partisan  press  took  up  the  charges.  The  State 
institutions  became  the  foot-ball  for  party  politics.  But  now 
an  investigation  by  the  State  board  promptly  informs  the 
public  upon  the  charges.  If  true,  public  opinion  in  all  par- 
ties unites  to  enforce  reform  and  remove  the  culprits  from 
office.  If  untrue,  tlie  same  public  opinion  stands  by  the 
authorities  in  charge,  they  are  vindicated  when  most  tliey 
need  it,  and  they  rest  convinced  that  their  merits  and  not 
their  partisanship  retain  them  in  office. 

Why  will  not  similar  machinery  give  simiUr  results  in 

ity  government?     The    Lcxow  investigaticm  overthrew 

rammany.     Let  us  have  a  permanent  I^xow  committee  in 

very  State,  ready  to  act  when  corruption  is  indpient,  and 

not  be  compelled  to  wait  till  its  only  cure  is  revolution. 

Local  responsibility  can  then  be  trusted. 

In^n.  Un^^Hfy,  J.    ^'    COMMOKS. 

[881] 


I 


THE  EXPI.OITATION  OF  THEORIES   OF  VALUE 

IN  THE  DISCUSSION  OF  THE  STANDARD  OF 

DEFERRED  PAYMENTS. 

A  development  in  one  part  of  a  science  necessitates  a  re- 
adjustment of  the  other  parts.  Unsolved  difficulties  appear 
in  a  new  light  when  approached  from  a  different  side.  In  the 
enthusiasm  of  a  discovery  or  of  a  newly  embraced  doctrine 
we  may  easily  be  led  to  overestimate  its  range  and  bearing, 
though  it  imparts  a  new  vigor  to  relaxed  energies,  and  a  new 
impulse  to  scientific  investigation.  The  effort  to  exploit  the 
newer  theory  of  value  in  the  contemporaneous  bimetallic  con- 
troversy has  caused  to  be  consciously  and  definitely  subjected 
to  examination  something  which  seems  to  have  been  generally 
either  assumed  or  ignored,  namely,  the  fundamental  prin- 
ciple according  to  which  the  equality  of  values  at  different 
moments  of  time  should  be  determined,  it  being  assumed 
that  just  payment  consists  in  such  equality.* 

It  is  our  purpose  to  examine  briefly  the  various  prin- 
ciples suggested,  more  particularly  that  growing  out  of 
the  application  of  the  newer  theory  of  value  to  this  question. 
The  conclusions  here  presented  were  reached  in  an  attempt 
to  appraise  the  results  of  a  discussion  of  this  subject  which 
appeared  some  time  ago  in  the  Annals  of  the  American 
Academy,  t 

In  order  to  have  a  definiteness  that  debars  misunderstand- 
ing contracts  for  the  future  must  be  expressed  in  terms  of 
concrete  things  or  acts,  which  may  at  the  end  of  the  period 
stand  in  a  different  relation  to  other  goods,  to  productive 

*  See  note,  p.  67. 

t  "  The  Standard  of  Deferred  Payments,"  by  Professor  E.  A.  Ross,  Vol.  Ill,  p.  2^3- 
November.  1892 ;  "  Theory  of  Final  Utility  in  Relation  to  the  Standard  of  Deferred 
Payments,"  by  Dr.  I^ucius  S,  Merriam  (the  brilliant  and  promising  young  econo- 
mist whose  tragical  death  occurred  in  November,  1893,  at  Cornell  University),  Vol. 
m,  p.  483,  January,  1893 ;  "  Total  Utility  Standard  of  Deferred  Payments,"  by  Pro- 
fessor K.  A.  Ross,  Vol.  rv,  p.  425,  November,  1893. 

[882] 


Standard  of  Dbfbrrbd  Payments.  55 


forces  or  to  human  wants.  Hence  there  are  various 
to  the  practical  question  :  What  should  be  the  standard  of 
deferred  payments  ?  We  can  daasiiy  the  most  important  as 
the  commodity  or  total  utility  standard,  the  per  capita  popu- 
lation standard,  the  labor  standard,  the  marginal  utility 
standard  of  the  feeling  or  satisfaction  tjrpe,  and  the  final 
disutility  standard. 

The  commodity  standard  requires  simply  the  repayment  of 
the  same  quantity  of  certain  goods  as  was  purchasable  at  the 
time  of  the  loan.  It  is  now  rarely  used  in  more  than  one 
form,  but  that  is  used  very  extensively,  namely,  that  of  a 
single  commodity,  gold  or  silver,  to  the  value  of  which  the 
standard  monetary  unit  and  all  other  legal  tender  money  of 
the  same  nominal  value  is  usually  made  to  conform  very 
closely.  It  is  a  trite  statement  that  it  is  not  mone>'.  but 
control  over  capital  tliat  is  loaned,  that  gold  or  silver  may 
make  no  part  of  the  goods  desired  by  the  borrower,  and 
obtained  by  him  with  the  general  purchasing  power.  Re- 
payment should  consist,  therefore,  by  the  oonsistent  com- 
modity standard,  in  the  return  of  an  equal  sum  of  the 
commodities  thus  loaned.  But  the  borrower  selects  a  very 
different  set  of  goods  from  that  which  the  lender  will  desire 
when  the  loan  is  repaid.  The  set  of  goods  whose  enjoy- 
ment the  lender  foregoes  when  he  parts  with  the  money  may 
in  the  meantime  undergo  great  changes,  many  goods  enter- 
ing which  before  made  no  part  thereof.  The  dt£fmiioes 
which  result  are  as  numerous  as  the  individuals  coooemcd, 
and  more  so,  because  of  the  varying  moods  of  those  indi- 
viduals. Practically  therefore  the  only  possibility  is  an 
average  or  tj'pical  budget  of  expenditure  which  must  serve 
as  standard  for  all  men,  but  which  realizes  very  imperfectly 
the  ideal. 

Indeed  the  commodity  standard  can  hardly  be  said  to  pro- 
fess to  restore  "equal  values"  with  anything  approaching 
exactitude.  Yet  it  does  not  follow  that  a  commodity 
standard  in  a  rapidly  advancing  state  of  the  arts  involves 

[M3] 


56  Annals  of  the  American  Academy. 

necessarily  the  return  of  less  value,  by  whatever  standard 
that  value  be  measured.  If  the  budget  chosen  as  norm 
contain  a  large  proportion  of  articles  which,  because  of 
advancing  industry,  are  falling  in  relative  value,  the  credi- 
tor will  receive  in  repayment  a  sum  of  goods  which  will 
purchase  far  less  of  the  goods  he  probably  desires  than  when 
the  loan  was  made.  But  the  opposite  result  might  be  secured 
by  the  choice  of  a  different  set  of  goods  as  norm.  It  might 
seem  that  by  the  selection  of  non-producible  or  less  easily 
producible  goods  the  same  value  would  be  returned,  the  other 
goods  having  fallen  in  value  because  of  ease  of  production, 
whereas  these  goods  have  only  relatively,  not  absolutely 
risen.  This  is,  however,  an  almost  self-evident  error  which 
will  be  more  clearly  seen  in  considering  the  nature  of  wants. 

It  is  evident  that  there  are  grave  difficulties  in  the  state- 
ment that  the  commodity  standard  would  seek  to  have  ' '  the 
price  level  remain  the  same  and  the  relation  of  money  to 
goods  be  undisturbed."*  The  relation  of  money  to 
many  kinds  of  goods  is  sure  to  be  disturbed  if  it  is  kept 
unchanged  as  to  other  goods.  Which  set  therefore  shall  it 
be?  We  shall  see  whether  the  theories  of  value  aid  in 
resolving  the  grave  practical  difficulties  here  presented. 

Something  which  is  essentially  the  commodity  standard 
has  been  advocated  on  the  ground  not  indeed  that  it  returns 
equal  values,  but  that  it  returns  the  same  "  objective  "  or 
*  *  fofal  utility. ' '  f  This  is  a  return  to  the  idea  that  the  utility 
of  an  object  is  something  inherent  in  it  and  remains  the  same 
under  all  circumstances.  It  is  the  crudest  form  of  the  com- 
modity standard,  although  its  champion  somewhat  inconsist- 
ently departs  far  enough  from  it  to  admit  a  slight  change  in 
objective  utilities  owing  to  the  change  in  the  degree  of  social 
esteem  which  is  secured  by  goods  at  different  periods.  It  is 
utterly  impossible  to  estimate  or  express  mathematically  the 
total  utility  of  a  sum  of  goods  of  different  kinds.     The  total 

! 
*Ro6S,  Annals.  Nov.,  1893,  Vol.  IV,  p,  427- 
tRoss,  AjfNALS,  Nov.,  1892,  and  Nov.,  1893. 

[884] 


Standard  op  Dbperrbd  Payments.  57 

utility  if  expressed  however  in  ordinary  language  gives  the 
curious  result  that  there  may  be  numerous  goods  the  total 
utility  of  each  of  which  to  a  being  loving  life.  Ls  infinite.  If 
a  debtor  could  manage  to  return  the  first  increment  of  any 
one  of  these  goods,  any  debt  would  be  discharged.  But  it 
is  impossible  under  normal  circumstances  to  pay  total  utili- 
ties. Unless  the  payee  be  naked  and  starving  the  sum  of 
goods  repaid  represents  only  a  utility  upon  the  margin  of 
his  consumption  list,  which  may  vary  greatly  at  difierent 
periods  and  under  different  circumstances.  Overlooldng 
these  facts  the  proposed  standard  assumes  that  when  goods 
that  are  already  possessed  in  good  quantity  by  the  creditor 
are  returned,  each  unit  possesses  all  the  var>'ing  grades  of 
utility  from  infinity  to  nothing. 

A  diagram  intended  to  illustrate  the  total  utility  of  all 
goods  and  not  merely  of  a  single  good  seems  therefore  to 
have  no  particular  meaning  for  the  question  of  deferred 
payments.  If  all  goods  are  included  then  there  is  implied 
the  possession  of  an  absolute  standard  independent  of  them. 
The  total  utility  of  a  single  good  we  have  no  means  of  ex- 
pressing, we  can  express  only  the  utility  of  the  marginal  incre- 
ment in  terms  of  another  good  at  a  g^ven  time  and  place. 
A  fortiori  we  cannot  express  the  total  utility  of  all  goods 
together,  for  we  then  have  no  unit  left  in  which  they  can  be 
expressed. 

In  the  standards  now  to  be  considered  there  is  a  mofe  dis- 
tinct reference  than  in  the  foregoing  to  an  ulterior  regula- 
tor which  shall  make  the  unchangeableness  of  values  pos- 
sible. 

The  per  capita  population  standard  as  advocated  by  the 
greenback  party  has  at  least  a  curious  interest.  It  was 
proposed  that  the  amount  of  currency  &mnd  in  circtilation 
at  the  close  of  the  war  be  restored  and  made  ' '  the  perma- 
nent and  unfluctuating  measure  of  all  values  through  all 
coming  time,  never  to  be  increased  or  diminished  only  as 
per  capita  with  the  increase  of  the  inhabitants  of 

[««5l 


58  Annai^  of  the  American  Academy. 

country."*  It  is  implied  that  this  currency  would  furnish 
' '  a  unit  of  value ' '  almost  if  not  quite  ' '  invariable  ' '  which 
'  *  should  have  the  same  purchasing  power  ' '  therefore  at  all 
times.  It  is  sufficient  to  remark  that  changing  methods  of 
exchange  could  affect  the  price-scale  so  that  all  things  might 
be  higher  or  lower  in  terms  of  this  money  though  their  rela- 
tive position  remained  unchanged.  This  relative  change 
would  also  take  place  and  introduce  many  of  the  difficulties 
discussed  under  the  commodity  standard.  Despite  serious 
objections  which  can  be  made  to  this  plan  it  will  scarcely  be 
maintained  that  the  probable  variations  under  this  standard 
would  be  greater  than  with  the  gold  standard  in  the  last 
fifty  years 

The  labor  standard  of  deferred  payments  is  a  logical  con- 
sequence of  the  labor  theory  of  value,  but  suffers  from  the 
same  infirmities  as  that  theory.  Though  it  is  now  seen  that 
the  value  of  the  labor  of  different  individuals  is  only  com- 
mensurable through  the  value  of  its  products,  that  labor 
itself  demands  a  standard  of  value  instead  of  furnishing  it, 
yet  it  might  seem  that  the  labor  of  special  and  large  classes 
might  furnish  a  measure  independent  of  goods  which 
could  well  serve  as  the  standard  of  deferred  payments.  Let 
us  however  see  what  the  practical  difficulties  are  in  the  way 
of  returning  equal  values  at  a  later  period  by  this  means. 

And  first,  should  the  labor  of  the  creditor  or  that  of  the 
debtor  be  taken  as  norm  ?  The  standard  of  deferred  pay- 
ments must  be  a  general  one,  whereas  the  choice  of  either 
of  these  classes  or  any  class  assumes  that  all  goods  are  repro- 
ducible and  by  all  persons.  On  the  contrary  some  are  not 
reproducible  at  all,  others  by  only  a  few  men,  yet  any  or  all 
may  make  part  of  the  list  of  valuable  things  desired.  Sup- 
pose a  list  which  is  made  up  of  all  things  in  the  proportion 
that  society  consumes  them.  Then  for  that  portion  of  the  list 
which  has  been  most  affected  by  industrial  advance  the 
debtor  producer  would   experience   no  lightening    of   his 

♦  Peter  Cooper's  Address  at  Indianapolis  May  17,  1876. 

[886] 


Standard  op  Dkferrrd  Payments.  59 

burden  since  he  must  give  the  same  labor- time  as  beibre; 
whereas  the  other  goods  would  involve  an  actual  increase  of 
the  labor-time  necessary  to  repay,  in  the  degree  that  they 
were  of  a  higher  class  than  those  which  the  debtor  pro- 
duced. The  practical  problem  becomes  more  complex  in 
view  of  the  fact  that  the  difficult>'  of  repayment  varies 
greatly  among  individuals  not  only  with  the  efl5cienc>' 
of  their  labor,  but  according  to  their  participation  in  rents, 
interests  and  profits.  It  is  evident  that  this  suggested 
standard  offers  nothing  approximating  a  practical  solution 
of  the  problem  of  returning  equal  values  at  a  later  time. 

The  acceptance  of  utility  as  the  sole  measure  of  value 
leads  to  the  thought  that  in  the  newer  theor>-  where  value 
is  determined  by  the  multiplication  of  the  number  of  units  by 
the  marginal  utility,  is  to  be  found  the  key  to  the  solution 
of  this  problem  of  the  standard  of  deferred  payments. 

Preliminary  to  the  examination  of  this  opinion  let  us  con- 
aider  the  fluctuation  of  want-intensity  and  the  form  of 
notation  or  expression  of  utilities,  as  views  on  these  points 
aeem  to  have  largely  influenced  the  judgment  on  the  main 
question. 

Among  the  other  limitations  to  human  faculties  is  the 
inability  to  measure  states  of  feeling  with  ezactneas.  The 
experiments  in  physiological-psycholog>'  which  a^^ear  to  do 
80  deal  only  with  materialized  manifestations.  The  hopes 
entertained  early  in  the  century  of  a  mathematical  psych* 
ology  went  to  pieces  on  this  rock.  The  psychical  phe- 
nomena of  wants  and  satisfactions,  and  the  corresponding 
utilities  of  objects  can  be  measured  or  expressed  only  in 
terms  of  each  other  at  a  given  moment.  It  is  often  iMiimrd 
that  the  order  of  satisfaction  of  wants  by  a  peraoo  tndicstes 
unerringly  that  the  goods  employed  later  sstssfy  less  intense 
wants  than  those  employed  earlier.  This  attempts  to 
measure  the  intensity  of  a  want  or  sstis&ctioo  by  the  scale 
of  another  time  and  other  circumstances.  Not  until  the  old 
wants  are  in  a  great  degree  satisfied  do  the  others  receive 

[887] 


6o  AnnaivS  of  thk  American  Academy. 

attention  and  satisfaction,  but  then  all  the  soul-energies  may 
be  thrown  into  their  satisfying.  Desire  may  be  as  intense  and 
satisfaction  as  great  as  the  nature  has  ever  experienced.  The 
sated  appetites  and  ennui  of  the  worldly  rich  at  times  would 
seem  to  indicate  that  abundance  reduces  to  zero  the  mar 
nal  utilities  of  all  things.  But  the  torpid  savage  in 
squalor,  or  the  village  loafer  in  his  needy  content  show  t" 
the  essential  thing  here  is  not  an  absolute  abundance  but  a 
relative  abundance  offered  to  narrow  natures.  The  change  in 
the  scale  of  marginal  utilities  consists  not  only  in  the  falling 
of  some  but  in  the  absolute  as  well  as  relative  rising  of  others 
as  well  as  the  appearance  of  new  wants  made  possible  by  the 
greater  degrees  of  satisfaction  of  those  formerly  more  pressing. 
The  degree  of  this  rise  cannot  be  exactly  measured  but  the 
fact  appears  from  certain  psychological  considerations.  The 
scope  of  pressing  wants  is,  like  the  scope  of  the  conscious- 
ness and  the  attention,  a  limited  one.  In  fact  there  is  here 
more  than  analog>^  there  is  fundamental  connection,  for  a 
want  in  the  economic  sense  is  a  psychological  phenomenon 
and  wants  do  not  exist  outside  of  consciousness.  As  the 
wants  which  are  related  to  physical  well-being  retire  from 
the  point  of  clearest  vision  and  become  dimmer  at  the  edge 
of  the  field  of  attention,  other  wants  move  toward  the  centre 
of  the  field  and  on  them  is  concentrated  the  intensity  of 
desire.  This  intensity  may  be  even  greater  than  in  the 
case  of  those  relating  to  the  physical  well-being.* 

The  foregoing  has  its  application  to  the  question  whether 
there  can  be  a  general  fall  of  values  or  marginal  utilities. 
We  should  make  clear  to  ourselves  in  what  sense  we  wish 
to  understand  the  word  "can"  in  the  question.  If  we 
mean  simply  to  ask  whether  such  a  general  fall  measured 
by  an  absolute  standard  is  abstractly  conceivable,  the  reply 
must  be,  yes  ;  for  as  the  height  of  the  marginal  utility  is 
determined  by  the  degree  of  the  want  to  which  it  corresponds, 

♦What  is  here  stated  is  in  essential  accord  with  a  passage  quoted  approTinglybf 
JCTons  ("  The  Theory  of  Political  Economy,"  second  edition,  1879,  p.  46). 

[888] 


uia 

i 

If   A        ■ 


Standard  op  Deferred  Payments.      6i 

we  can  conceive  all  wants  to  disappear  (as  for  instance  by 
the  annihilation  of  humanity  upon  the  globe)  and  thus  ab- 
stractly think  out  of  the  world  all  marginal  utilities.  A  lev 
extreme  case  where  a  general  fall  of  marginal  utilities  might 
occur  is  a  crisis  so  general  and  disastrous  that  in  the  dis- 
couragement and  depression  of  mind  all  goods  would  answer 
to  milder  wants.  Yet  this  is  scarcely  cohccivable,  since  the 
most  marked  phenomenon  of  a  panic  is  the  intensity  of 
the  desire  for  money,  which  becomes  the  focus  of  all  other 
wants  and  which  therefore  acquires  a  much  greater  marginal 
utility  than  usual.  As  usually  put  tlie  implied  condition, 
however,  in  the  question  is,  "as  a  result  of  industrial  ad- 
vance,"* and  an  affirmative  answer  to  the  question  in  this 
form  implies  two  false  assumptions,  first  that  human  nature 
is  equipped  with  a  limited  number  of  surfeitaUe  wants,  and 
second  that  all  goods  can  be  affected  by  increased  produc- 
tivity. What  is  the  fact  ?  Ten  new  wants  seem  to  spring 
up  where  one  is  satisfied.  Upon  their  absolute  intensity 
we  cannot  pronounce,  for  in  their  turn  they  are  all-absorbing. 
Even  if  equipped  with  an  absolute  standard  of  value  we 
should  find  the  marginal  utilities  of  all  the  reprododble 
articles  diminishing  at  such  a  rate  that  total  values  decreased, 
how  would  the*  very  numerous  class  of  non-reproducible 
articles  be  affected?  Their  marginal  utilities,  iar  from 
diminisliing,  would  greatly  increase,  but  so  long  as  they 
simply  did  not  diminish,  a  general  (that  is,  universal),  fiill 
of  marginal  utilities  could  not  occur.  The  only  possibility 
of  such  a  fall  even  when  measured  by  the  absolute  standard 
would  be  that  it  should  come  not  from  the  side  of  productkm 
but  from  that  of  wants,  in  that  as  old  ones  were  supplied 
no  new  ones  arose,  and  at  the  same  time  the  wants  supplied 
by  the  non-reproducible  goods  sank  in  iniensiiy. 
In  the  foregoing  we  assert  the  abstract  snd 

•Merriam.AKitAL^  Jan^  itgi^pw^i.    **8«elilM 
OTcr  nature  that  wantM  both  acw  mmI  old  art, 
•buncUintly  net.    If  good*  at  taMbWOMti 
entirely.'* 

[M9] 


62  AnnaIvS  of  thk  American  Academy. 

possibility  of  a  general  fall  of  marginal  utilities  as  measured 
by  an  absolute  standard.  But  one  is  prone  to  overlook  the  fact 
that  no  such  standard  is  at  our  command.  The  only  way 
of  giving  quantitative  expression  to  marginal  utilities  which 
we  have  is  to  express  them  in  terms  of  each  other  and  hence 
any  general  fall  of  such  mathematically  expressed  forms  of 
marginal  utilities  as  are  accessible  to  us  is  thereby  made  im- 
possible. The  so-called  paradox  of  value  therefore  which 
shows  that  total  utility  continues  to  increase  with  an  increas- 
ing number  of  units  of  a  good,  while  total  value  ma^y  decrease 
because  of  a  sinking  marginal  utility,  may  apply  to  one  or 
several  kinds  of  goods,  but  cannot  apply  at  the  same  time  to 
all  goods.  Some  are  strictly  limited,  others  affected  in  vary- 
ing degrees  by  improvements,  so  that  if  the  marginal  utilities 
of  two  goods  are  expressed  in  terms  of  each  other,  as  one  be- 
comes zero  the  other  becomes  infinite.  It  is  the  hauntin] 
spectre  of  the  absolute  standard  of  value  that  leads  to  th< 
erroneous  thought  that  the  newer  theory  of  value  haa 
changed  the  truth  of  the  old  maxim,  * '  There  can  be  no  g< 
eral  rise  or  fall  of  values,"  or  its  newer  form,  "There 
be  no  general  fall  of  marginal  utilities,"  when  once  th 
have  left  the  spirit  land  of  feeling  and  have  been  materialized 
in  forms  that  are  commensurable.  Though  the  interpreta- 
tion of  the  maxim  has  changed,  we  have  not  yet  emanci- 
pated consciousness  from  its  habiliments  of  flesh.  So  far 
from  its  being  characteristic  of  the  new  theory  not  to  measure 
things  in  terms  of  each  other  it  is  essential  to  it  that  in 
determining  market  values  there  be  a  comparison  of  things, 
and  that  of  attainable  and  possible  things.  A  demand  exists 
only  when  something  can  be  offered  in  exchange,  and  as  to 
subjective  valuations  only  those  aid  in  determining  objective 
values  where  the  want-satisfying  power  of  something  dispos- 
able is  compared  with  that  of  something  else  either  in  or  out 
of  the  possession  of  the  subject. 

We  now  come  to  the  relation  of  this  theory  to  the  standard 
of  deferred  payments.     It  seems  at  first  glance  to  give  a 

[890] 


9i 


Standard  op  Dbpsrrsd  Paymsnts.      63 

simple  and  conclusive  answer.  For  this  theory  points  out 
just  what  value  is,  so  that  the  return  of  equal  value  requires 
the  return  of  a  larger  quantity  of  goods  as  their  maiiginal 
utility  sinks  or  the  return  of  other  goods  with  greater  mar- 
ginal utilities.  What  measures  the  marginal  utilities?  If 
one  gives  the  answer  obvious  and  logically  reqtiired  by  the 
theory:  the  intensity  of  the  desire  which  the  creditor  will 
satisfy  with  the  goods,  and  this  be  measured  by  an  tWi^wtf 
standard  and  not  simply  in  relation  to  other  goods,  prepos- 
terous consequences  are  involved  in  its  application  to  de- 
ferred payments.  The  individual's  wealth  woold  rise  and 
fiEdl  with  his  changing  moods  from  elation  to  melancholy, 
the  spread  of  a  pessimistic  philosophy  would  be  as  destructive 
to  values  as  the  onward  sweep  of  a  prairie  fire,  and  the 
repayment  of  the  smallest  sum  to  a  man  disgusted  with 
the  world  and  about  to  depart  it  by  his  own  hand  might 
be  a  task  which  would  bankrupt  the  money  kings  and 
leave  the  debt  still  untouched  and  undiminished.  To  com- 
pare  the  marginal  utilities  at  different  periods  of  the  goods 
enjoyed  or  possessed  by  even  a  single  individual  except  in 
terms  of  the  same  article  for  whose  stability  in  value,  how- 
ever, we  have  no  guarantee,  is  an  impossibility.  Much  less 
can  we  compare  by  the  satisfaction  standard  the  value  o£  tfie 
community's  goods  in  any  other  way  than  the  one  mentioned. 
Not  until  the  unit  of  happiness  or  utility  is  materialised 
and  is  applicable  to  the  measurement  of  the  want-satisfying 
power  of  goods  to  different  persons  as  well  as  to  the  same 
one  at  different  times,  could  the  marginal  utility  theory 
of  value  aid  in  the  question  of  the  standard  of  deferred 
payments. 

We  have  said  that  in  the  return  of  equal  valocs  or  equal 
marginal  utilities  by  the  newer  theory,  the  intensity  of  the 
want  satisfied  would  logically  be  the  standard  by  which  the 
tility  should  be  measured.  This  has  not  always  been 
ilie  judgment  on  the  matter.  An  effort  has  been  mnde 
to  attain  by  abstract  reasoning  to  an  ultimate  standard  of 

t«»9l] 


64 


Annai^  of  the  American  Academy. 


value  found  in  the  final  disutility  of  production*  (that  is,  to 
society)  and  the  results  have  been  applied  to  the  question  in 
hand  by  one  accepting  their  validity. f  This  application  is 
of  course  futile  if  the  theory  on  which  it  is  based  is  erroneous. 
We  do  not  here  attempt  to  show,  as  seems  possible,  that  this 
unit,  which  is  admittedly  an  intangible  abstraction,!  is 
attained  by  reasoning  which  is  open  to  serious  objections, 
nor  moreover  that  it  does  not  adequately  cover  the  factors  it 
professes  to  explain.  The  point  which  now  concerns  us  is 
that  one  accepting  it  should  be  deceived  into  the  belief  that 
it  furnished    a    means    for  determining,   even  abstractly, 


E 

r^ J — r 


fi 


whether  the  debtor  repaid  **  to  the  creditor  a  value  equal  to 
the  value  received ' '  as  was  deemed  to  be  demanded  by  jus- 
tice. § 

It  is  rightly  contended  by  the  advocates  of  this  standard 
that  measuring  values  by  the  final  disutility  of  production 
does  not  require  the  repayment  of  the  products  of  equal  labor- 
time,  as  does  the  labor  standard,  for  in  advancing  society' 
the  disutility  of  production  might  equal  earlier  in  the  day 
the  utility  of  it.  But  neither  does  it  involve,  as  is  assumed, 
the  return  of  equal  values  (that  is,  social  values,  overlooking 

*J.  B.  Clark,  in  Yale  Review y  November,  1892. 

tMerriam,  Annals,  January,  1893. 

\  "The  ultimate  unit  of  value  [is,  in  fact,  chimerical.]  .  .  .  Sound  reasoninc; 
is  not  invalidated  because  there  is  no  immediate  prospect  of  testing  the  truth  of  it;? 
conclusions  by  inductive  proof."    Ibid.^  p.  96. 

I  Ibid.,  p.  99. 


[892] 


Standard  op  Deferred  Paymrnts.  6$ 

individual  variations  which  complicate  still  further  the  pn>b- 
lem)  as  measured  by  the  degree  of  satisfiEUlion  secured. 
The  diagram  represents  as  it  were  a  side  elevation  of 
<:iety  according  to  this  mode  of  conceiving  of  it  This 
method  of  illustration  has  become  ao  fiuniliar  that  it  is 
scarcely  necessary  to  explain  that  AB  represents  the  duration 
of  the  working  day,  ED  the  utility  curve,  CD  the  sacrifice 
curve,  DB  the  perpendicular  dropped  from  D  their  point  of 
intersection,  represents  the  utility  and  the  disutility  of  pro- 
duction, which  are  equal  at  this  point.  In  the  diagram 
employed  by  the  father  of  the  notion  that  the  final  dis- 
utility to  society  of  the  last  period  of  labor  is  the  ultimate 
tmit  of  value,  that  unit  is  somewhat  oddly  represented  by  a 
vertical  plane,  not  by  a  line.  If  therefore  it  be  considered 
that  the  line  BD,  as  also  the  other  perpendicukirs  JL,  FG, 
and  FI  respectively,  represent  the  ends  of  plane  sorfiMCS 
the  correspondence  to  the  original  diagpum  will  be  quite 
exact,  and  the  following  conclusions  will  be  valid  for  planes 
as  well  as  for  lines.  Suppose  the  working  ,day  to  stop  at  P, 
the  utility'  curve  remaining  unchang^.  Then  the  disutility 
line  would  be  FG,  which  to  use  the  same  terminology  as  the 
ithor  dted,  is  made  up  of  the  direct  final  disutility  or  pain 
"t  labor  FH,  and  the  indirect  disutility,  HO,  of  being  kept 
from  the  enjoyment  of  the  goods  already  at  command/  The 
line  which  measures  final  utility  therefore.  FG.  is  greater 
lan  BD  and  would  if  used  as  unit  involve  the  return  of 
cater  value.  Moreover  the  utility  curve  may  have  changed 
can  time.  Suppose  it  to  have  risen,  for  though  each  hoar 
of  the  day  is  more  productive  than  before,  yet  the  wants  sup- 
plied the  last  hour  of  this  shorter  working  day  are  not 
necessarily  as  we  have  seen,  less  intense  than  before.  Then 
ifinal  disutility  would  be  the  line  FI  made  up  of  positive  or 
'direct  disutility  FH,  and  negative  or  indirect  disutility  HI. 
Wilues  would  now  be  meastired  by  PI.  a  standard  conskler- 
My  greater  than  BD.  Repayment  by  this  standmrd  would 
quire  the  return  of  greater  values.    Agsin,  suppose  the 

[893] 


66     Annaxs  of  the  American  Academy. 

productivity  of  society  to  still  further  increase.  Even  with 
so  short  a  working  day  as  AJ,  the  goods  produced  might  be 
so  plentiful  that  the  final  utility  of  the  last  increment  of 
labor  might  be  only  JI^,  made  up  of  the  very  small  amount 
of  direct  disutility  JK,  and  the  larger  amount  of  indirect 
Ktt.  The  marginal  utility,  from  which  as  standard,  valu 
would  now  be  measured  would  be  less  than  before,  an( 
repayment  by  this  standard  would  return  less  value. 

It  appears  therefore  that  even  if  * '  the  pain  suffered  b 
society  as  a  whole  in  the  final  periods  of  daily  labor '  *  be 
taken  as  '  *  the  ultimate  unit  of  value  * '  at  any  given  moment, 
yet  it  is  a  standard  which  may  vary  greatly  at  different 
moments.  It  has  been  recognized*  that  the  direct  disutility  of 
labor  would  decrease  with  shorter  working  hours,  while  it 
was  tacitly  assumed  that,  together  with  the  indirect  dis- 
utility, it  always  made  the  standard  of  value  of  the  same 
length.  This  is  evidently  by  no  means  the  case.  The 
marginal  utility  (and  consequently  the  values)  which  would 
be  returned  by  this  standard  would  not  necessarily  be  equal 
to  those  borrowed  at  a  former  time.  They  might  be  either 
greater  or  less,  but  would  be  simply  a  marginal  utility  which 
is  equal  to  the  disutility  of  farther  production  at  the  same 
moment.  That  is  the  only  equality  involved.  Between  the 
final  utilities,  as  between  the  final  disutilities  of  different 
periods,  there  is  no  necessary  correspondence.  It  is  some- 
what astonishing  therefore  that  this  standard  should  have 
been  suggested  by  an  upholder  of  the  marginal  utility  theory 
of  value  as  fitted  to  secure  the  return  of  equal  value.  This 
can  be  in  part  explained  as  an  inevitable  result  of  the  aban- 
donment of  the  pure  form  of  the  said  theory,  which  explains 
values  from  the  side  of  satisfaction,  for  that  peculiar  form 
which  seeks  to  explain  them  from  the  side  of  sacrifice. 

It  appears  therefore  that  to  say  that  repayment  of  values 
as  determined  by  marginal  utilities  is  the  proper  criterion 
for  the  standard  of  deferred  payments,  though  seemingly  a 

♦Annals,  January,  1893,  p.  103. 

[894] 


1 


Standard  of  Dbprrrrd  PAVMSirrs.  67 

solution  of  the  problem  in  hannony  with  the  newer  theory 
of  value,  is  in  reality  the  employment  of  a  meaningleM 
phrase  of  no  aid  to  practical  action.  Marginal  utilities  at 
different  periods  remain,  so  (ar  as  our  power  is  coooemed, 
incommensurable  quantities. 

The  foregoing  reasoning  leads  to  the  ooodoston  that  if,  as 
has  been  said,*  "all  parties  are  agreed  that  (just)  repay- 
ment consists  in  the  return  of  equal  values,"  then  a  perfiBCt 
standard  of  deferred  payments  is  an  impossibility,  as  the 
first  requisite  is  lacking.  To  measare  the  valoe  of  things, 
even  to  a  single  person,  we  have  no  adequate  ttandard  inde- 
pendent of  goods,  either  in  labor  or  sacrifice,  in  happiness  or 
in  want-satisfying  power,  and  a  standard  of  deferred  pay- 
ments must  be  the  same  for  millions  of  individuals,  whose 
happiness  induced  by  economic  goods  diflm  in  degree,  whose 
labor  differs  in  the  most  manifold  manner  as  to  efficiency  and 
qnality.  Armed  therefore  with  any  or  all  the  theories  of 
value  one  ooold  still  not  give  an  answer  to  the  questioci — How 
can  the  standard  of  deferred  payments  be  so  arranged  as  to 
cause  the  return  of  equal  value?  The  older  and  inaccurate 
theories  are  of  course  inaccurate  here.  Oranting  the  entire 
correctness  of  the  newer  theory,  the  coodtttJon  here  reached 
>  entirely  skeptical  as  to  its  throwing  any  special  light  upon 
the  difficult  practical  question  of  deferred  payments.  SHU 
we  must  not  ignore  the  fiict  that  a  better  nndentanding  of 
the  nature  of  value  was  indispensable  to  an  appreciation  of 
what  the  real  difficulties  of  the  qtiestioD  were.  We  can, 
however,  assert  with  confidence,  that  this  question  has  not 
received  and  is  not  likely  to  receive  s  positive  answer  fimn 
pure  economic  theory. 

It  may  be  well  again  to  recall  the  fiict  that  the  question 

under  discnssion  originated  as  a  phase  of  the  very  concrete 

Tid  practical  bimetallic  controversy.    The  iininfdiste  par- 

<)se  of  this  paper  is  accomplished  if  there  has  been  emphs- 

i7.ed  the  truth  that  the  answer  is  not  loond  in  a  formnla 

•  RoM»  AmiAU,  November.  tt*ii  p.  41 :  McrHui.  AintAfcii.  JuMMiy.  ttn.  P-  Mi^ 

[>9S] 


68  Annals  of  thi^  American  Academy. 

which  it  is  admitted  can  have  no  practical  application  to  the 
world  we  live  in.  No  one  of  the  various  methods  suggested 
of  attaining  a  just  standard  of  deferred  payments  by  return- 
ing equal  values  at  a  later  time  can  lead  to  the  result.  There 
naturally  occurs  therefore  the  still  more  fundamental  query— 
Even  if  the  impossible  could  be  attained,  is  it  self-evident 
that  the  return  of  equal  values  would  constitute  just  repay- 
ment ?  What  is  the  standard  and  criterion  of  justice  in  this 
matter  ? 

To  answer  this  question,  which  the  foregoing  discussion,  so 
far  as  it  is  deemed  valid,  must  seem  to  render  more  than 
ever  a  riddle,  lies  beyond  the  purpose  of  this  paper.  It 
may  not,  however,  be  amiss  to  indicate  the  direction  in 
which  it  seems  probable  that  the  answer  must  be  sought.  A 
standard  of  deferred  payments  which  shall  never  work  hard- 
ship to  any  individual  must  be  recognized  as  unattainable. 
The  most  just  and  most  nearly  ideal  standard  to  which  society 
can  remotely  hope  to  attain  is  one  where,  consistent  with  the 
minimum  of  discouragement  to  both  debtor  and  creditor 
because  of  the  terms  of  the  contract,  the  greatest  available 
foresight  is  employed  to  ensure  that  the  benefits  of  industrial 
advance  shall  on  the  whole  go  to  those  classes  in  whose  en- 
couragement and  economic  growth  society  has  the  greatest 
interest. 

Frank  Fktter. 

,    Cornell  University. 


[896] 


THE  INDUSTRIAL  SERVICES  OF  THE  RAILWAYS. 
Railways  are  essential  to  almost  every  form  of  industiy. 


Our  present  industrial  organizatioo  is  based  upon  the 
bility  of  moving  large  quantities  of  freigfat  long  diHtanoes  at 
cheap  rates.  The  freight  thus  carried  is  not  only  that  which 
b  light  and  of  great  worth,  but  also  that  which  is  bulky  md 
of  low  value.  The  character  of  our  industry  is  at  crery 
point  conditioned  by  the  fiact  that  we  arc  able  to  supply  our 
manufartories  with  crude  materials  obtained  hundreds  and 
thousands  of  miles  distant.  Improvements  in  transpoftatkm 
have  enabled  us  to  sell  our  6nished  goods  wherever  they 
may  be  in  demand;  we  are  to-day  producing  for  a  world 
market.  We  accept  these  things  so  much  as  a  matter  of 
course  that  we  have  no  little  difficulty  in  picturing  to  our- 
selves what  was  the  character  and  what  were  the  methods 
that  obtained  in  business  before  the  railroad  made  its  ap- 
pearance. The  industrial  revolution  has  been  a  complete  one. 
vet  the  railroad  is  barely  two  generations  old,  and.  indeed,  it 
^  scarcely  more  than  one  generation,  that  is,  since  1850,  that 
!ie  railroad  has  become  of  sufficient  extent,  and  the  traffic 
upon  it  has  attained  sufficient  magnitude  to  give  to  this  agent 
of  transportation  the  power  fundamentally  to  txanifoffm  tiw 
industrial  life  of  the  world. 

Andrew  Jackson  was  elected  President  of  the  United  States 
in  1828,  an  important  year  in  the  history  of  American  rdl- 
ways.  It  was  then  that  the  coostmctioo  of  the  Baltimore 
\Tid  Ohio  was  begun  and  the  Delaware  and  Hudson  com- 
iny*s  gravity  line  connecting  Carbondale  with  Hnnrsdik, 
1  'ennsyl  vania,  was  completed.  Jadnoo*s  administntioii  was 
in  many  ways  significant  in  the  liistor>'  of  the  United  States. 
Great  changes  were  wrought  in  the  political  institutiocis  of 
our  country  during  the  eight  yean  of  what  Vnkmar  von 
Hoist  has  happily  characterised  as  **the  reign  of  Andrew 

[«97] 


70  Annals  of  the  American  Academy. 

Jackson. ' '  Industrial  affairs  underwent  a  far  greater  trans- 
formation. Jackson's  administration  was  the  period  of 
America's  industrial  revolution.  It  was  a  revolution  in 
many  ways  analogous  to  that  which  took  place  in  England 
fifty  years  earlier;  its  immediate  changes  were  quite  as  im- 
portant, and  its  ultimate  effects  quite  as  far  reaching.  In 
politics  the  change  was  one  which  brought  the  administra- 
tion and  management  of  the  government  into  the  hands  of 
the  representatives  of  the  common  people.  The  conservative, 
aristocratic  classes  gave  place  to  the  democratic  masses  in 
the  control  of  the  affairs  of  state.  Jackson's  political  creed 
was  vox  populi^  vox  dei.  In  industrial  matters,  the  fourth 
decade  of  this  century  witnessed  a  revolution  of  still  greater 
significance.  The  movement  of  the  population  into  the 
Western  States  was  rapid  and  speculation  in  public  lands 
became  rife.  The  several  States  began  to  engage  largely  in 
works  of  internal  improvement.  All  of  these  things  were 
greatly  stimulated  by  Jackson's  war  on  the  Bank  of  the 
United  States,  resulting  in  the  withdrawal  of  the  deposits 
of  the  United  States  government  from  that  safe  institution  and 
their  transference  to  the  unsound  speculative  State  banks  of 
the  West  and  South.  Spurred  on  by  the  speculation  in 
Western  lands,  allured  by  the  prospect  of  obtaining  the  de- 
posits of  the  United  States  government  and  of  securing  the 
surplus  revenues  which  the  United  States  began  to  distribute 
at  the  beginning  of  1837,  ^^  banking  institutions  in  the 
States  multiplied  swiftly  and  dangerously  inflated  the  cur- 
rency of  the  country.  This  speculation  and  inflation  of  the 
currency  inevitably  led  to  the  panic  of  1837;  ^^^  the  seven 
years  which  preceded  the  crash  were  characterized  by  intense 
business  activity. 

Nothing  shows  this  fact  better  than  the  list  of  inventions 
made  during  and  shortly  after  that  time.  In  1836,  the  use 
of  anthracite  coal  in  steam  engines  was  shown  to  be  practi- 
cable; the  screw  propeller  was  invented  shortly  afterward, 
and  by  1838,  the  navigation  of  the  ocean  by  steamships  had 

[898] 


Thr  Industrial  Skrvicbs  of  trk  Railways.     71 

become  an  accomplished  feat.  Another  use  to  which  anthra- 
cite coal  was  first  put  in  1836  proved  of  still  greater  influence 
upon  our  economic  development.  I  refer  to  its  use  in  the 
smelting  of  iron.  From  the  introdnctioo  of  anthnidte  coal 
into  the  blast  furnaces  is  to  be  dated  the  important  devdop- 
ment  of  the  iron  industry  of  this  country.  England  began  to 
substitute  bituminous  coal  and  coke  for  charcoal  in  the  mann- 
iactnre  of  iron  at  the  middle  of  the  last  century ;  we  in  this 
country,  however,  were  not  able  to  avail  ourselves  of  this 
cheaper  and  better  fuel  because  our  iron  furnaces  were  sepa* 
rated  from  our  bituminous.coal  beds  by  the  Alleghany  Mount- 
ains, which  imposed  a  physical  barrier  greater  than  could 
then  be  overcome  by  the  means  of  tranqwitstion  employed 
in  the  carriage  of  coal.  We  did  not  begin  to  manufacture  pig 
iron  on  a  large  scale  until  we  began  to  use  coal  mined  in  close 
proximity  to  the  iron  furnaces.  This,  of  coarse,  was  anthra- 
cite coal.  Among  the  other  important  inventions  made 
daring  the  fourth  decade  were  the  reaping  machine  brought 
out  by  McCormick  in  1854.  and  the  steam  hammer  given  to 
the  world  by  Nasmyth  in  1838. 

The  mere  mention  of  these  inventions  of  manufacturing 
and  agricultural  machinery  is  sufficient  to  show  with  what 
feverish  activity  the  ptilaes  of  bostneas  must  have  throbbed 
during  this  decade  of  indiiatrial  icvolatioii.  Natarallj 
enough  the  business  world  over-reached  itself  and  the  crisis 
of  1837  resulted.  How  the  finandal  btnoders  of  Jacksoo 
and  Congress  precipiuted  this  panic  and  added  to  its  inten- 
sity are  well-known  matters  of  history.  Great  as  was  the 
crisis,  however,  it  was  able  to  pfodnoe  only  a  temporary  halt 
in  the  rapid  reorganisatkm  goteg  on  fai  the  bodocw  world. 
Industry  and  trade  had  again  readied  a  sound  basis  at  the 
beginning  of  the  fifth  decade  and  the  Icadiog  featwca  of  oar 
present  indtistrial  organisatioo  b^gan  to  be  manifeil. 

Accompanying  and  tthmilatiiig  tbcae  indtistrial  change* 
of  the  fourth  decade  was  the  revolotion  which  then  took 
place  in  the  means  of  transportatioo.    The  introdtictioo  of 

[«99l 


72  Annals  of  the  American  Academy. 

the  railroad  marks  the  fourth  phase  in  the  evolution  of  the 
transportation  system  of  this  country.  Forty  years  previ- 
ous turnpike  companies  had  begun  the  improvement  of  our 
country  roads.  Twenty  years  before  the  advent  of  the  rail- 
road the  steamboat  began  to  ply  the  waters  of  the  Western 
rivers  and  aid  the  settlement  of  new  lands.  During  the 
same  period  the  construction  of  canals  and  the  improvement 
of  rivers  had  been  doing  something  to  make  agricultural 
products,  raw  materials,  and  manufactures  marketable  at 
more  distant  points.  Then,  in  1830,  the  railroad  took  its 
place  in  the  system  of  transportation,  and  soon  demonstrated 
itself  an  efficient  agent  for  the  promotion  of  industrial  ad- 
vancement. By  the  end  of  the  succeeding  decade  it  had 
shown  itself  indispensable  to  industry.  The  introduction  of 
the  railroad  was  a  part  of  the  revolution  just  referred  to.  It 
entirely  changed  the  means  and  methods  of  transportation; 
but  the  appearance  of  the  railroad  was  not  only  a  part  of 
this  transformation  in  industrial  affairs,  it  was  also  a  cause, 
and  doubtless  the  greatest  cause,  of  this  economic  revolution 
which  had  its  beginning  in  the  fourth  decade. 

In  order  to  set  forth  more  distinctly  the  influence  which 
the  railroads  have  exerted  upon  industrial  advancement,  let 
us  inquire  how  the  organization  of  industry,  which  pre- 
vailed during  the  first  third  of  this  century,  differed  from 
that  of  the  present.  In  the  first  place  labor  was  then  mostly 
performed  by  hand,  machines  were  but  little  used.  Alexan- 
der Hamilton,  in  his  famous  **  Report  on  Manufactures," 
made  at  the  close  of  1 79 1 ,  gives  a  summary  of  the  leading 
articles  manufactured  in  shops  at  that  time  and  then  adds 
that,  "Besides  manufactories  of  these  articles,  which  are 
carried  on  as  regular  trades,  and  have  attained  to  a  consider- 
able degree  of  maturity,  there  is  a  vast  scene  of  household 
manufacturing  which  contributes  more  largely  to  the  supply 
of  the  community  than  could  be  imagined  without  having 

made  it  an  object  of  particular  inquiry It  id 

[900] 


Thb  Industrial  Sbrvicbs  of  tbb  Railways.     73 

computed  in  a  number  of  districts  that  two-thinb,  iliicc- 
fourths  and  even  four-fifths  of  all  the  clothing  of  the  inhabit- 
ants is  made  by  themselves. ' '  What  Hamilton  said  in  regard 
to  the  manufacture  of  clothing  in  the  homes  was  in  the  main 
true  of  other  articles  at  the  time  he  wrote,  and  continued  to 
be  true  till  some  time  later.  Most  things  were  still  made  in 
the  homes  or  in  small  shops  during  the  early  yeaia  of  this 
present  century;  indeed,  the  factory  system  did  not  wpttmA 
much  in  the  United  States  till  after  the  dose  of  the  aeoood 
war  with  Great  Britain,  1812-15;  and  then,  with  the  ezoep> 
tion  of  the  manufacture  of  cotton  and  woolen  doChs,  indniliy 
still  kept  outside  of  the  large  factories.  Likewise  before  the 
dection  of  Jackson  and  the  advent  of  the  railroad,  bnaiiieaB 
was  chiefly  a  matter  of  individual  enterprise  and  was  naoally 
conducted  under  a  simple  partnership  form  of  organiatioo. 
Corporations  which,  large  and  small,  now  so  oomplctely 
occupy  the  fidd  of  btiaineaa,  were  then  but  little  known.  In 
those  days  industry  was  oondncted  mostly  on  a  amaU  scale, 
and  was  carried  on  by  a  widdy  scatteied  village  popalatioo, 
whereas  now,  the  seats  of  manufacturing  industry  are  large 
mills,  fiictories  and  warehonaea  in  the  great  centres  of  popu- 
lation. 

Had  we  any  means  of  definitely  measuring  the  transporta- 
tion business  done  before  1830,  we  should  have  a  good  index 
of  the  industrial  activity  of  that  time;  but  there  are  no  sta- 
tistics of  the  volume  of  freight  carried  before  the  railway 
began  to  be  used.  We  know,  however,  that  it  most  have 
been  small.  Only  those  dticsaitoaledoo  the  ocean  or  aloog 
some  navigable  lake  or  river  of  importance  could  then  have 
any  trade  of  more  than  kxal  extent.  The  first  movement  of 
large  quantities  of  frdght  long  distances  within  the  United 
lates  came  with  the  opening  of  the  Brie  Canal.  Later  such 
inland  waterwajrs  as  the  Great  Lakes,  the  If  ississippi,  Ohio, 
Hudson  and  other  rivers  became  routea  of  a  good  deal  of 
traffic.  When,  however,  we  cooaider  how  very  local  the 
character  of  the  trade  and  industry  of  the  United  States  was  • 

boi] 


74  Annals  of  the  American  Academy. 

before  1830,  and  how  small  a  part  of  the  country  west  of  the 
Alleghany  Mountains  had  been  occupied  and  had  begun  pro- 
ducing commodities  to  be  marketed  on  the  American  seaboard 
or  in  the  European  cities,  we  must  realize  that,  before  the 
appearance  of  the  railroads,  the  business  of  transportation  had 
very  small  dimensions  in  this  country.  The  railways  made 
possible  a  large  increase  in  the  volume  of  business  done, 
and  added  greatly  to  the  amount  of  trafi&c  in  motion. 

The  effect  of  the  railroads  upon  industrial  advancement 
was  a  more  vital  one  than  is  indicated  by  the  increase  in  the 
amount  of  goods  transported.  The  railroads  made  their  ad- 
vent at  the  eve  of  an  industrial  revolution ;  they  made  that 
revolution  greater  and  modified  its  character  by  increasing 
the  rapidity  and  cheapness  of  travel  and  freight  transpor- 
tation. The  influence  which  the  railroads  have  exerted  in 
this  revolution  and  the  real  r61e  which  they  have  played  in 
the  transformation  which  has  followed  can  best  be  shown 
by  first  setting  forth  the  essential  characteristics  of  the  eco- 
nomic changes  which  actually  took  place. 

This  industrial  revolution  began  in  England  about  1770, 
and  commenced  a  generation  and  a  half  later  in  the  United 
States;  its  characteristics  in  each  country  were  very  similar, 
and  it  had  three  pretty  distinct  phases.  The  first  change 
that  took  place  was  the  substitution  of  machinery  for  hand 
labor.  This  transformation  soon  necessitated  the  transfer 
of  the  laborers  from  their  homes  or  the  small  shops  to  fac- 
tories, or  large  buildings,  in  which  the  labor  of  many  men 
could  be  concentrated  and  supervised.  The  power  first 
used  in  running  machinery  was  water  power,  thus  the 
location  of  the  factories  was  along  the  streams.  Woolen, 
cotton,  flour,  lumber,  and  other  mills  were  all  located  by 
streams  of  water.  They  are  in  part  to  be  found  there  yet, 
but  the  use  of  steam  power  has  resulted  in  their  being  differ- 
ently placed.  After  the  use  of  steam  became  general  in 
manufacturing,  the  mills  and  factories  were  most  always  to 

[902] 


Thb  Industrial  Ssrvicrs  of  tbs  Railways.     75 

be  found  near  the  beda  which  loppUed  the  coal  lo  be  med 
in  the  engines,  or  near  the  aouroef  of  the  raw  material  from 
which  the  mantifactnrca  were  to  be  made. 

This  phase  of  the  industrial  revolntioo  brought  about  the 
transfer  of  industry,  and,  to  a  large  extent,  of  populatioo, 
from  the  south  and  east  of  England  to  the  north  and 
In  the  State  of  Pennsylvania  we  have  teen  the  iitNi 
facture  located  first  with  reference  to  the  wood  to  be 
in  the  furnaces,  then  with  regard  to  the  anthracite  ooel 
beds,  and  now  with  respect  to  the  locatioo  of  the  bitumhious 
coal  from  which  the  coke  for  the  blast  furnaces  is  to  be 
made.  Bituminous  coal  and  fuel  oil  have  made  Pittabuffli 
the  greatest  iron  city  of  the  United  States.  To  this  dtf 
the  ore  even  of  States  as  far  distant  as  Michigan,  Wisconsin 
and  Minnesota,  is  brought  to  be  smelted.  Sources  of  fuel 
supply  are  thus  shown  to  be  a  stronger  force  in  dctermin* 
ing  the  location  of  industry  than  sources  of  raw  materials 
used  in  manufacture.  The  last,  and  the  recent,  phase  of 
the  industrial  revolution  has  brought  the  industries  to  the 
dtics.  Msnufacturing  plants  ate  now  being  located  in  the 
great  centres  of  population,  with  reference  rather  to  sources 
of  labor  supply  and  to  the  condition  of  marketing  and  dis- 
tributing the  product  than  to  the  origin  of  fuel  and  raw 
materials. 

Nothing  but  improved  means  of  tranajpoftatioQ  could 
have  made  possible  the  second  phase  of  the  induitffisl  icvo* 
lution.  Although  in  England  fuel  and  the  raw  oiaterisls  of 
manufacture  came  together  in  a  large  degree,  it  was  not 
always  so  there,  and  it  was  necessary  even  in  that  country 
to  transport  a  good  deal  of  the  raw  material  as  weU  as  the 
finished  commodities.  Until  the  railroads  came  into  itse  this 
work  of  tran^wictatioo  was  done  by  the  improved  rivers 
and  the  canahi  of  northern  Engtoid.  Railways  tad  water- 
ways  now  combine  to  make  possible  the  developoicnt  of  sudi 
a  city  as  Manchester  or  our  Pittabugh.  WHhoat  the  cheap 
transportation  which  the  Oreat  Lakes  and  the  ralkoids 

[90^ 


situ- 


76  Annates  of  th^  American  Acadkmy. 

furnish  for  the  coal  used  and  the  articles  manufactured,  the 
industries  of  Pittsburgh  would  be  of  only  minor  importance. 

It  is  the  railroads  that  have  enabled  industry  to  disregard 
the  location  of  the  supply  of  the  fuel  and  the  raw  materials  to 
be  used,  and  to  plant  itself  chiefly  with  reference  to  labor 
supply  and  the  distribution  of  finished  goods.  The  greatest 
manufacturing  city  of  the  United  States  is  Philadelphia,  situ- 
ated on  tide  water  instead  of  in  close  proximity  to  the 
mines  of  Pennsylvania.  New  York  and  Chicago  are  rapii 
developing  in  manufacturing.  This  is  because  the  railwa; 
are  able  to  bring  the  coal  and  other  bulky  raw  materials 
to  these  large  cities  so  cheaply  that  the  manufacturer  finds 
it  to  his  advantage  to  locate  his  plant  advantageously 
as  regards  the  shipments  of  his  productions.  This  favor- 
able situation  for  distribution  is  often  to  be  found  on  the 
seaboard  or  on  the  Great  Lakes,  or  on  some  large  river; 
but  not  always  so;  for  an  interior  town  having  only  railways 
upon  which  to  depend  for  transportation,  may  be  such  a 
railway  centre  and  be  so  favored  by  the  railways  as  to  be- 
come of  great  industrial  importance.  Such  interior  cities 
as  Indianapolis  and  Atlanta  are  instances  of  this. 

The  industrial  revolution,  then,  has  had  three  phases: 
the  substitution  of  machinery  for  hand  labor  and  the  conse- 
quent introduction  of  the  factory  and  mill  system  for  house 
industry;  second,  the  localization  of  industry  near  sources 
of  raw  materials,  especially  coal;  and,  third,  the  location  of 
industry  with  reference  rather  to  markets  and  to  the  distri- 
bution of  product  than  to  sources  of  supplies.  The  railroad'^ 
promoted  the  second  change,  and  are  almost  entirely  respon- 
sible for  the  third. 

Having  considered  what  part  the  railroads  played  in  the 
early  stages  of  that  great  industrial  revolution  which  has  so 
completely  transformed  every  phase  of  our  economic  activity, 
let  us  now  turn  to  an  analysis  of  the  economic  services  per- 
formed by   the  railroad   at  present,  with   the  purpose  of 

[904] 


Thk  Industrial  Servicrs  of  thb  Railways.     77 

discovering  how  our  widely  extended  and  highly  organiied 
system  of  rail  transportation  modifies  aad  assists  present  in- 
dustrial processes. 

As  our  railroad  system  has  grown  in  extent  its  social  and 
economic  services  have  more  than  proportionately  increased. 
The  constant  tendenc>'  of  business  has  been  to  adjtist  itself 
to  the  conditions  brought  about  by  the  prcscacc  of  the 
railway  in  the  transportation  system.  Business,  furthermore, 
has  had  ample  opportimity  to  make  adjustmentn;  the  im- 
provements in  the  railway  have  been  rapid,  it  has  taken  up 
one  new  service  after  another  in  quick  iiifrfssinii  The  more 
services  the  railroads  rendered  the  greater  necessity  have 
they  become.  As  was  declared  in  the  opening  sentence  of 
this  paper,  they  have  now  become  essential  to  almost  every 
form  of  industry. 

The  truth  of  this  statement  becomes  evident  when  one 
analyzes  the  functions  performed  by  the  railways  in  assisting 
men  and  society  in  their  efforts  to  satisfy  their  wants.  Pro- 
duction consists  of  the  two  proecMCS  involved  in  getting 
commodities  ready  to  sell  and  in  subs<.f)ucntly  distributing 
them  among  those  who  wish  to  consume  the  manufactured 
articles.  By  describing  how  the  location  of-  mannfiKtnriag 
and  other  productive  enterprises  has  been  largely  deter- 
mined by  the  railroads,  I  have  partially  indicated  bow  the 
first  half  of  the  productive  process  has  been  influenced  by 
rail  transportation.  By  bringing  about  this  localizatioo 
of  industry',  the  railroads  have  done  much  to  cheapen  tlie 
expense  of  getting  things  ready  to  distribute.  It  is  no  ex- 
aggeration to  say  that  they  have  done  more  than  anything 
dse  to  reduce  the  expenses  connected  with  that  part  of  pro- 
duction which  is  concerned  with  the  making  of  things. 

The  railroad,  however,  is  eqwdaUy  the  agent  of  diatribn- 
tion;  and  it  is  here  that  the  value  of  its  cronoinic  Miviccs  It 
most  apparent.  In  its  economic  ftmclion  of  distiibotion  the 
railroad  has  in  general  aooonpUsiicd  two  things:  First,  it 
has  cheapened  the  expenses  of  Conner  services.    With  the 

[905] 


78  Annai3  of  thb  American  Academy, 

railroad  to  aid  us  we  are  able  to  perform  a  particular  task 
of  distribution  with  less  outlay  of  energy  and  capital.  Just 
how  much  is  saved  to  industry  by  the  cheaper  transporta- 
tion afforded  by  the  railroads,  it  is  difl&cult  to  measure. 
Computations  showing  that  it  would  have  cost  the  people 
of  the  United  States  eleven  times  as  much  had  they  em- 
ployed horses  to  do  the  freight  work  done  by  the  railroads 
during  the  year  ending  June  30,  1893,  teach  but  little,  be- 
cause transportation  is  a  service  that  consists  of  more  than 
the  mere  movement  of  things.  The  factors  of  time  and 
expense  are  involved.  Goods  sent  by  freight  are  consigned 
to  the  carrier  to  be  delivered  at  a  stated  place  within  a 
certain  period  of  time  and  at  a  stipulated  rate.  The> 
conditions,  in  our  present  business  organization,  could  not 
be  met  by  any  system  of  transportation  inferior  to  the  rail- 
road. 

Statistics  showing  the  decline  in  rail  rates  indicate  some- 
thing regarding  the  influence  which  the  railroads  have  ex^ 
erted  upon  expenses  of  production,  including  distributi 
The  average  freight  rate  per  ton  mile  received  by  the  ra 
roads  of  the  United  States  was  two  and  one-half  cents  in 
1869,  and  in  1893  it  was  .878  cents.  The  rate  of  fourteen 
years  ago  was  three  times  that  of  the  present  rate.* 

The  other  saving  in  the  expenses  of  production  that  results 
from  the  use  of  the  railroad  as  a  carrier  arises  from  the  fact 
that  this  agent  can  perform  many  kinds  of  services  of  which 
other  means  of  transportation  are  incapable.  We  not  only 
ship  more  cheaply,  but  we  ship  a  great  deal  more  because 
of  the  existence  of  the  railroad.  Many  commodities  are 
made  mobile  by  the  railroad.  Quick  transit  for  perishable 
goods,  cheap  rates  for  bulky  raw  materials,  regularity  and 
frequency  of  service  have  combined  to  increase  greatly  the 
variety   and   volume   of  the   commodities   which   circulate 

♦of  course  the  causes  which  have  made  possible  this  reduction  are  so  well 
known  that  they  hardly  need  be  mentioned.  Chief  among  them  would  rank  the 
invention  of  the  Bessemer  process  of  manufacturing  steel. 

[906] 


Thb  Industrial  Sbrvicbs  op  ths  Raxlwavb.     79 


through  the  channels  of  trade.*  This  is  the  chief 
why  industry  is  stiinulated  and  advanced  by  every 
in  the  rates  of  transportation. 

Not  only  have  the  railroads  brought  down  the  expenaes 
of  production  and  distribution  and  enabled  the  prices  of 
goods  to  decline;  they  have,  also,  performed  the  hardly  leas 
important  service  of  making  prices  more  nearly  uniform  in 
the  various  markets  of  each  country  and  of  the  world.  The 
railway,  aided  and  supplemented  by  the  steamship  and  the 
other  agents  of  transportation,  has  given  aockty  aoch  an 
efficient  mechanism  for  doing  the  work  of  ooMaction  and  dis- 
tribution that  the  task  of  keeping  the  relatioQ  of  mpply  to 
demand  practically  the  same  in  all  markets  has  become  a 
comparatively  easy  matter.  To  one  fiuniliar  with  the  great 
differences  in  the  prices  commanded  by  the  same  article  a 
century  or  ex-en  fifty  years  ago  the  significance  of  this  is 
apparent.  We  aometioies,  even  now,  hear  of  fiuntne  prices 
prevailing  in  remote  and  inaccessible  quarters  of  the  world, 
but  the  phenomenon  has  become  of  very  rare  occurrence. 
Formerly  it  was  an  tmavoidable  feature  of  the  eoooomic 
life  of  the  segregated  aodal  gnmpa.    With  the  ecooomic 


•  Tb«  ToiMM  o(  tk«  rmihrairlraAeorUw  UBito4  StalMkM  tela  a«ia« 
«r  coMflMs  kaowMt*  bjr  Um  aawnl  rtports  of  Um  Madrtklfta  to  Um  IM 
ffcwiMiff  riiMlMioM  Tk«fBllo«HiWtg«ff«»uk««ftD«Utoff«factM«l 
tH«.    thtj  aw  fcr  Uw  ymr  ■■dlf  Jw  |».  tSgj 


TbM  or  IMgM  aov«d H%tH^ 

ATeff  — bt  of  wUlf  mA  torn  mm  iMialtd  .  .                 in^ 

TouiiHiBa«g« fa^i.Hi.«tt 

ttmmbrr  ci  fmamm9tn€Uf*»d n%j^tjU» 

Avrnkcc  lesfta  oT  «»cb  JoarBcj  la  mile*  «IW 

ofcusoptfatti i*«IM# 

TtiM  wpaillMllna.  <oca»»aa  fco>^  »M)jiMM4«* 

Total  mniboror( 


Tbodiacaltyof  ffrilliiaigUw  ■■■■lag  ol  ota  lui«  Igafoo  aa  «••  of 
OM  abova  ai«  la  ««a  kMWB.  Tbt  MtMt  bf  M«m«  AiaiMaa  •■  "  TW  aAtt* 
««y.  tha  PanMT.  aa4  ISa  P«M6."  CMMhMi  te  Ma  ««iMM  aMMM  -  TW  MMV 
balloa  of  ProdMla.'*  baa  atvoral  gvaplila  HHimiaM  of 
lada  of  oar  traAc  bjr  latL  Ctttala  pafafwafba  la  Um  oaoaa«  cftaftar  oT 
.**  by  OavM  A  WMK  aaf  bt  ( 


I 


80  Annai^  of  thk  American  Academy. 

solidarity  now  attained  the  world  stands  ready  to  supply  any 
deficiency  which  a  crop  failure  may  cause  in  any  locality  or 
in  any  country.  Bach  industrial  centre  has  the  world  fyt 
its  storehouse  and  its  market. 

The  railroads  have  exercised  a  third  influence  upon  priocii 
by  helping  to  make  them  more  stable  from  year  to  year  or 
from  one  productive  period  to  another.  The  food  of  the 
world  is  now  garnered  into  great  warehouses  from  which  the 
different  parts  of  the  world  draw  their  needed  supply  in  varjfll 
ing  amounts  and  at  such  times  as  best  suits  their  convenience" 
The  stock  of  food  on  hand  is  always  large.  The  distribu- 
tion of  this  supply  is  so  made  as  to  result,  month  by  month 
and  year  by  year,  in  fairly  staple  prices.  The  prices  of 
wheat  and  other  cereals  in  the  great  markets  of  the  world 
now  oscillate  between  comparatively  narrow  limits.*  The 
railroads  have  lowered  prices,  made  them  more  uniform,  and 
given  them  greater  stability. 

The  foregoing  analysis  partially  shows  the  position  held  by 
the  railroads  in  industrial  organization.  They  possess  the 
keys  of  trade  ;  they  can  unlock  the  doorway  to  success 
or  exclude  a  business  from  every  opportunity.  Thus  far 
in  this  paper  attention  has  been  directed  only  to  the  influence 
of  the  railroads  for  good,  to.  the  ways  in  which  they  have 
benefited  industry.  The  picture  has  another  side,  however. 
The  great  power  of  the  railways  has  frequently  been  wielded 
so  as  to  work  injury  to  the  business  interests  of  individuals, 
of  cities,  and  of  sections  of  the  country.  As  long  as  carriers 
charge  different  shippers  and  different  localities  equal  rates 
for  like  services  rendered  and  show  no  special  and  unwar- 
ranted favors  to  particular  persons  or  places,  so  long  is  their 
influence  entirely  beneficial;  but  to  the  extent  that  they  make 
discriminations  and  grant  special  favors  to  the  more  power- 
ful shippers,  to  that  degree  is  their  great  power  wrongly  and 
injuriously  exercised.  The  public  weal  is  best  served  when 
all  shippers  are  treated  alike. 

•See  Chi8holm*s  ''Commercial  Geography,"  p.  4,  for  Ulustrative  statistics. 

[908] 


Thb  Industrial  Ssrvicrs  or  thb  Railways.     8i 

The  industrial  history  of  the  United  States  during  the  last 
twenty -five  years  is  replete  with  iUustratioos  of  the  way 
in  which  the  railroads  have  wrongfully  tised  their  power 
to  control  business.  The  method  by  which  the  Standard  Oil 
Company  built  up  its  monopoly  is  known  of  all.  No  exctise, 
however,  need  be  made  for  referring  to  it  in  this  coencctiOD. 
Its  history  is  typical  of  a  host  of  other  organizstioos,  and 
shows  most  clearly  how  unrestrained  competitioo  and  inade- 
quate supervision  of  transportation  have  made  it  posiible  for 
certain  shippers  to  secure  such  special  fiivoffs  in  rites  as  to 
enable  them  to  build  up  monopolies  on  the  mins  of  com- 
petitors whose  claims  to  life  and  prosperity  were  no  less  valid 
than  those  of  their  conqueror. 

I  am  not  arguing  against  monopolies,  nor  saying  that  coo- 
olidation  of  competing  businesses  is  not  genendly  for  the 
velfare  of  society;  I  am  simply  claiming  that  this  ooosolida- 
on  takes  place  rightly  only  when  it  results  from  the  working 
lit  of  those  economic  laws  that  tend  to  concentrate  the  man- 
L^ement  of  particolar  forms  of  indtistry  into  the  hands  of 
wer  men  because  of  the  greater  economy  or  efficiency  that 
lay   result.      We  should  have  had  bunness  consolidatioo 
.  ithout  railway  discriminatioos;  bat  we  should  have  made 
ic  substitution  of  the  large  corporstkm  and  trust  for  the 
nailer  organizations  with  fewer  individual  hsidships  end 
ith   less  suffering  on  the  part  of  unfortunate  locslHieSL 
The  change  would  have  come  less  rapidly  and  the  adjust- 
ments would  have  been  made  with  fewer  individual  hard- 
hips. 
When  the  Standard  Oil  Company  established  its  refining 
iisiness  in  Cleveland  in  order  to  secure  dieaper  rates  to 
he  seaboard  by  the  water  route  than  were  ohTainshle  by 
lil  from  Pittsburgh,  it  was  simply  aiding  society  to  ob- 
in  the  benefits  that  flow  from  the  use  of  cheep  tmispor* 
tion;  but  when  the  company  deliberatdy  set  out  to  destroy 
ihe  refiners  of  Pittsburgh  and  to  employ  for  the  aooompUsii- 
rtient  of  their  purpose  the  very  agency  that  society  had  set 

[909] 


S2  Annai^  of  the  American  Academy. 

up  to  serve  the  welfare  of  Pittsburgh  and  all  other  places  indis- 
criminatel}'  it  committed  an  unjustifiable  act.     The  Standard 
Oil  Company  having  attained  to  considerable  proportions 
made  use  of  the  competition  of  the  trmik  lines  with  each 
other  to  compel  them  to  grant  special  rates.     *'  In  this  casefll 
the  railroads  were  used  one  against  another  to  make  private  ' 
concessions.     Each  road  desired  to  secure  the  business  of  the     > 
Standard  Oil  Company  by  underbidding  the  other."  *    The] 
business   of   the    company   grew    rapidly    and    the     com- 
petition among  the  trunk  lines  for  its  business  became  more  j 
intense,   and  the  tendency   to  indulge  in  rate  wars  grew 
stronger.     Such  was  the  situation  which  made  it  possible  for 
the   company  to  act  as  the  * '  evener ' '  in  the  oil  trade,  by. 
contracting  to  divide  up  the  freight  business  among   the 
competing  lines,  according   to  a  stipulated   ratio,    and   to 
exact   for  this  service  a  rebate    of  ten  per  cent  from  the 
charges  on  all  its  shipments.     Later  the  Standard  Oil  Com- 
pany was  able  to  exact  a  still  greater  commission  than  this, 
and  to  compel  the  railroads  to  pay  a  rebate  of  '  *  at  least 
twenty  cents  per  barrel  on  each  barrel  of  crude  oil ' '  trans- 
ported.    When  these  facts  first  became  public,  some  fifteen 
or  sixteen  years  ago,  we  realized  for  the  first  time  how  com- 
plete is  the  control  over  business  which  can  be  exercised  by 
the  transportation  companies.     The  Standard  Oil  Company 
received  not  less  than  $10,000,000  in  eighteen  months. f  The 

*  Albert  Fink.    Testimony  before  Cullom  Committee,  Part  2  of  the  report,  p.  122. 

t  The  relation  of  the  Standard  Oil  Company  to  transportation  is  quite  fully 
brought  out  in  the  Report  of  the  Hepburn  lyCgislative  Investigating  Committee  of 
the  State  of  New  York,  1879  and  1880.  An  outline  of  this  interesting  bit  of  indu8< 
trial  history  is  given  in  Vol.  CXXXVI.  of  the  North  American  Review  [1883J,  PP- 
191-200.  The  agreements  above  referred  to  were  but  two  of  many  similar  ones. 
An  accession  of  the  ten  per  cent  rebate  was  made  by  the  Pennsylvania  Company 
October,  1877;  the  commission  of  twenty  cents  per  barrel  on  all  crude  oil  ship- 
ments was  soon  demanded  by  the  Standard  Oil  Company.  Some  of  the  corre- 
spondence on  this  latter  requisition  is  well  worth  reprinting  in  this  connection. 
The  general  manager  of  the  American  Transfer  Company,  an  auxiliary  of  the 
Standard,  on  February  15,  1878,  wrote  as  follows  to  the  vice-president  of  the  Penn- 
sylvania Railroad  Company: 

"  I  here  repeat  what  I  once  stated  to  you,  and  which  I  asked  you  to  receive  and 
treat  as  strictly  confidential,  that  we  have  been  for  many  months  receiving  from 

[910] 


The  Industrial  Services  of  the  Railways.     83 

discriminations  it  compelled  the  railroads  to  make  in  its  favor 
gave  it  the  power  of  crushing  its  competitors  out  of  business. 
The  evils  of  discrimination  and  the  ways  in  which  they 
have  injured  industry  have  often  been  discussed.  In  this 
connection  it  is  not  necessary  to  do  more  than  to  emphasize 
briefly  the  importance  of  freeing  our  transportation  system  of 
every  vestige  of  them .  The  best  interests  of  industry  demand 
nothing  less.  Moreover,  this  is  a  matter  concerning  which 
all  are  agreed,  the  railroad  owners  and  managers  and  the 
public  alike.  Many  people  err  in  supposing  that  the  rail- 
road companies  invariably  adopt  that  course  of  action  which 
they  prefer  to  follow.  They  do  not  make  discriminations 
because  they  prefer  to  conduct  their  business  in  this  manner, 
but  because  they  think  existing  circumstances  compel  them 
to  adopt  these  methods.  The  practice  of  making  discrimin- 
ations between  particular  shippers  and  particular  localities 
has  been  one  of  the  inevitable  results  of  the  intense  com- 
petition under  which  the  business  of  transportation  has  thus 
far  been  carried  on  in  this  country.  In  the  struggle  of  rival 
lines  to  secure  and  hold  trafl&c  the  competitors  have  made 
special  rates  and  secretly  given   drawbacks.      Usually,  at 


the  New  York  Central  and  Erie  Railroads  certain  sums  of  money,  in 
less  than  twenty  cents  per  barrel  on  every  barrel  of  crude  oil  carried  by  tmtk  of 
these  roads.  Co-operating,  as  we  are  doing,  with  the  SUndard  Oil  Conpany  aad 
the  trunk  lines  in  every  effort  to  secure  for  the  railroads  paying  ratM  of  frrlf  ht  o« 
the  oil  they  carry,  I  am  constrained  to  say  that,  in  justice  to  the  interr«t  1  repre- 
sent, we  should  receive  from  your  company  at  least  twenty  cents  per  barrel  oa 
each  barrel  of  crude  oil  you  transport ...  I  make  Ihta  propositioa  villi  tk«  Aril 
czpecUtion  that  it  will  be  acceptable  to  your  company:  but,  wtth  lb«_ 
ing,  on  my  part,  that  in  so  doing  I  am  not  asking  as  much  of  Uic 
road  as  I  have  been,  and  am  receiving  of  the  other  trunk  Hnea." 

The  reply  to  this  communication  included  the  following  sentence; 

••  Your  favor  of  February  15th  has  been  received,  and  directloaa  hav«  bc«a  gH«s 
to  allow  you,  from  and  after  February  1,  1878.  the  commiaalMi  tbcfciB  ■■kid  fer. 
nntil  further  notice." 

This  is  a  sample  communication  and  shows  how  a  boaisMS  enlerpriae 
■och  as  the  Standard  Oil  Company,  could  compel  the  railroadstocscft  tbdr  gw*l 
power  over  industry  in  a  way  that  was  not  for  the  general  good.  ThCCftMCOf 
the  evil  practices  lay  in  the  pracUcat  situation  under  which  the  raOroada  mtf 
compelled  to  conduct  their  business.  Albert  Fink  cUimed  that  lh«  itonr  of  th* 
extortion  of  rebates  by  the  Standard  Oil  Company  was  the  beat  poMtble  arguwat 
ia  lavor  of  legalized  pooUng.  l<^-  '•**1 

[911] 


84  Annals  of  thk  American  Acadkmy. 

least,  they  have  done  this  because  they  hoped  by  so  doing  to 
promote  the  development  of  their  respective  lines.  This,  it 
is  true,  is  merely  an  explanation  for  the  practice  and  no 
justification  for  its  continuance.  Industry  has  suffered 
because  of  these  practices  of  the  railroads,  but  it  should  not 
be  forgotten  that  individual  carriers  have  felt  themselves 
forced  to  resort  to  these  methods  because  the  people  of  the 
United  States  have  clung  so  tenaciously  to  the  belief  that  un- 
restricted competition  affords  the  best  regulator  of  railway 
affairs.  The  conviction  is  at  last  growing  that  adherence  to 
competition  has  not  resulted  satisfactorily  and  the  American 
people,  through  their  representatives  in  Congress,  are  trying 
to  decide  what  barriers  ought  to  be  erected,  to  decide  the 
limits  within  which  the  competitive  struggle  of  rival  rail- 
roads should  be  kept.  The  problem  in  transportation, 
which  at  the  present  hour  the  railways  and  the  public  alike 
are  anxious  to  see  satisfactorily  and  finally  solved,  is  the 
problem  of  eliminating  discriminations  so  completely  that 
freight  classifications  and  fi-eight  charges  shall  henceforth  be 
so  arranged  and  so  assessed  that  every  shipper  and  every 
locality  will  be  justly  treated  at  all  times.  The  solution  of 
this  problem  is  not  the  task  of  an  hour,  and  we  must  not 
expect  to  reach  our  ideal  without  long  and  persistent  effort. 
The  work  of  the  Interstate  Commerce  Commission  during 
the  past  eight  years  has  enabled  us  to  make  considerable 
headway  in  the  attempt  so  to  regulate  transportation  as 
thoroughly  to  eliminate  discriminations,  but  carriers  and 
shippers  are  both  aware  that  much  is  yet  to  be  accomplished. 
While  published  rates  are  more  generally  observed  than  they 
were  formerly,  exceptions  are  being  made  to  large  shippers 
by  all  the  more  important  carriers.  In  its  last  report  the 
Interstate  Commerce  Commission  says:  "Experience  in 
the  administration  and  working  of  the  prohibitory  and  penal 
features  of  this  statute  has  demonstrated  the  necessity  for 
further  legislation  upon  specific  subjects,  so  as  to  render 
evasions  of  its  general  provisions  unsuccessful.      In  other 

[912] 


The  Industrial  Services  op  the  Railways.     85 

words,  having  enacted  into  a  law  a  proper  and  just  theory 
or  scheme  of  regulation,  Congress  should,  as  occasion  arises, 
legislate  with  reference  to  methods  of  practical  railroad 
operation  whenever  they  appear  to  obstruct  or  evade  the  suc- 
cessful application  of  such  theory  or  scheme.*'  The  legisla- 
tion recommended  by  the  Interstate  Commerce  Commission 
is  of  such  vital  moment  to  industry  that  it  will  justly  claim 
much  of  the  time  of  Congress  during  the  next  decade.  In 
my  opinion  we  shall  have  solved  the  money  question  before 
we  succeed  in  securing  that  regulation  of  transportation  that 
will  secure  an  equal  measure  of  justice  to  all  shippers  and 
carriers.  The  whole  course  of  our  history  points  to  State 
regulation  rather  than  to  State  monopolization  of  the  trans- 
portation business. 

It  is  an  easy  matter  to  prove  that  the  industrial  services 
of  the  railroads  have  been  great  and  to  show  that  their 
immense  power  over  industry  has  at  times  been  so  exer- 
cised as  to  work  injury  to  individuals  and  communities. 
All  are  agreed  that  such  great  power  cannot  safely  be  left 
irresponsible,  but  that  it  must  be  made  subject  to  an  authority 
higher  than  itself,  one  that  seeks  to  advance  the  welfare  of 
80ciet>'  as  a  whole.  The  whole  transportation  problem  centres 
about  the  question  of  rates,  the  amount  of  charges  and  the 
manner  of  their  imposition.  The  schedules  of  railway  rates 
must  be  worked  out  by  the  railroads  themselves;  they  are,  in 
fact,  the  only  parties  capable  of  performing  this  task.  At 
present  these  schedules  are  decided  upon  by  a  multitude  of  sep- 
arate, and  to  a  large  extent  antagonistic,  corporations.  Each 
company  is  obliged,  first  of  all,  to  meet  the  conditions  imposed 
by  real  and  possible  competition ;  the  requirements  that  must 
l)e  met  in  order  to  provide  the  public  with  the  best  possible 
service  can  claim  only  a  secondary'  consideration.  Railway 
rates  are  made  by  antagonists  and  not  by  men  co-operating 
to  secure  the  best  possible  results.  Freight  classifications 
md  the  rates  based  upon  them  ought  first  to  be  worked  out 
and   agreed   upon   by  the    transportation    companies;    the 

[913] 


86  Annai^  of  the  American  Academy. 

classifications  thus  agreed  upon  by  the  railroads  should  then 
be  submitted  to  the  government  for  approval  and  amend- 
ment by  the  authority  which  represents  the  public  as 
a  whole.  The  charges  thus  accepted  by  the  government  as 
proper  should  be  observed  by  the  railroads.  The  experi- 
ence of  the  last  quarter  of  a  century  seems  to  have  conclu- 
sively demonstrated  the  fact  that  rates  cannot  be  maintained 
without  allowing  the  railroads  tp  enter  into  traffic  agree- 
ments enforceable  in  the  courts  of  law.  This  means  the 
legalization  of  govemmentally  regulated  pooling  contracts. 
When  we  shall  have  dealt  with  the  rates  question  in  this 
manner  we  shall  have  put  an  end  to  discriminations,  and  to 
the  injuries  which  they  inflict  upon  industry. 

The  economic  advancement  of  the  country  does  not  de- 
mand a  general  lowering  of  rates,  but  greater  equality  and 
stability  of  charges.  The  ideal  which  we  all  wish  to  attain  in 
the  transportation  business  is  a  rate  high  enough  to  give  the 
railroads  a  fair  profit  upon  actual  investment,  so  levied  that 
every  shipper  may  know  that  published  schedules  are  going 
to  be  maintained  without  firequent  fluctuations,  and  so  col- 
lected that  every  person  may  feel  certain  that  for  similar 
services  rendered  like  charges  will  be  made.  With  the  attain- 
ment of  this  ideal  the  industrial  services  of  the  railroads  will 
be  at  their  maximum. 

Emory  R.  Johnson. 


[914] 


THE  UNITS  OF  INVESTIGATION  IN  THE  SOCIAL 

SCIENCES. 

The  opposition  between  the  individual  and  society  which, 
on  the  practical  side  of  human  interest  is  as  old  as  man's  his- 
tory, has  shown  itself  in  recent  years  on  the  side  of  pure  science 
to  be  equally  sharp  and  apparently  equally  irreconcilable. 
When  it  became  evident  that  Hobbes'  primitive  individual 
with  his  redundant  independence  was  but  a  fiction  of  the 
thinker's  brain;  and  when  it  was  seen  that  Sir  James  Mack- 
intosh's dictum  about  the  constitutions,  that  they  **are 
not  made  but  grow,"  must  be  applied  as  well  in  all  other 
fields  of  social  phenomena,  the  students  of  society  were  not 
satisfied  with  tempering  the  old  theories  to  bring  them 
in  accord  with  the  real  facts  of  human  nature.  They  rushed 
to  the  other  extreme  and  set  up  as  their  entity,  as  their 
unit  of  investigation,  *'  Society"  itself,  in  opposition  to  the 
too  liresumptuous  theories  that  based  on  the  independent 
individual.  Thenceforward  all  explanations  of  the  phenom- 
ena of  social  life  must  be  in  terms  of  the  social  organism .  We 
learned  that  it  was  the  "  will  of  society  "  that  declared  war; 
that  it  was  the  "  social  soul  "  that  decided  what  was  right 
and  what  was  wrong  for  the  citizen.  Finally,  we  have 
theories  that  show  how  the  social  organism  itself  estimates 
the  values  of  goods  as  they  appear  in  the  markets;  and 
others  that  attempt  to  trace  the  course  of  religions  almost  as 
if  they  were  real  beings  with  vital  principles  of  independent 
growth. 

Now  without  having  reference  to  the  concrete  content  of 
any  of  these  theories,  we  cannot  avoid  feeling  that  as  Ceu'  as 
they  are  expressed  directly  in  terms  of  the  social  organ- 
ism, they  are  rather  to  be  looked  upon  as  statements  of  the 
problems  to  be  solved  than  as  themselves  solutions.  When 
we  are  told  that  "society  does  so  and  so,"  we  are  given 
rather  a  description  than  an  explanation  of  the  phenomena. 

[915] 


88  Annals  of  the  American  Academy. 

The  social  organism  is  not  one  of  those  units  of  experience 
or  hypotheses  from  which  our  reasoning  can  set  out. 

With  these  facts  borne  in  mind  we  may  begin  a  consider- 
ation which  will  discover  to  us  if  possible  what  those  facts 
are  which  must  be  taken  as  our  units  of  investigation  if  we 
wish  to  understand  the  meaning  of  such  phrases  as  those 
given  above. 

First  of  all  it  is  necessary  to  point  out  that  very  few 
sciences  are  able  to  take  as  their  units  of  investigation,  ele- 
ments which  they  are  satisfied  to  regard  as  themselves  irre- 
ducible. The  biologist,  for  example,  must  accept  protoplasm 
as  a  definite  fact,  behind  which,  for  the  present  at  any  rate, 
he  is  unable  to  go.  Much  as  he  desires  to  explain  the  life 
phenomena  connected  with  it,  in  terms  of  phj^sics  and  chem- 
istry, and  many  attempts  as  he  has  made  in  this  direction,  he 
is  baffled,  and  must  begin  his  reasonings  just  with  life  itself. 
There  is  a  gap  there  which  his  interpretation  of  nature  can- 
not cross.  The  psychologist  busies  himself  with  the  interpre- 
tation of  the  nature  and  development  of  man's  psychical  activ- 
ities, but  whatever  theories  he  may  cherish  as  to  the  connection 
between  the  soul-life  and  the  nervous  system,  there  is  much 
in  the  former  that  he  must  simply  take  as  it  is  given  and 
reason  with  as  best  he  may. 

The  failure  to  realize  this,  the  attempt  to  force  an  expla- 
nation of  the  more  complex  phenomena  in  terms  of  the  sim- 
plest forces,  and  the  transplanting  of  laws  and  methods  found 
satisfactory  in  one  of  these  separated  spheres  of  investigation 
straightway  to  another,  all  lead  to  what  Professor  Patten 
has  well  called  the  "scientific  bias"  of  investigation,  and 
bring  in  the  end  confusion  instead  of  knowledge. 

When  we  turn  our  attention  to  the  social  sciences  we  are 
inclined  to  say  at  once  that  what  they  treat  of  is  man  and 
his  life  in  society,  but  if  we  should  take  simply  individual 
men  as  the  units  for  our  investigation  and  confine  our  atten- 
tion to  the  direct  interactions  of  one  man  with  another,  we 

[916] 


Investigation  in  the  Sociax  Sciences.  89 

would  soon  meet  witji  very  great  difficulties.  We  would 
find  in  the  first  place  that  we  had  omitted  certain  elements 
of  very  great  importance  for  the  interpretation  of  social  phe- 
nomena, prominent  among  which  is  the  physical  environment 
within  which  the  men  are  located.  Then  we  would  be  em- 
barrassed by  the  fact  that  man  is  himself  a  variable  factor, 
great  changes  being  produced  in  him  by  the  very  phenomena 
mider  consideration;  and  an  tmderstanding  of  the  reactions 
of  the  social  life  on  the  individual  would  be  vital  to  an 
understanding  of  the  social  life  itself. 

It  is  nevertheless  true,  and  in  a  deeper  sense  than  a  cur- 
sory thought  would  indicate,  that  the  human  mind  is  the 
central  point  for  all  study  of  social  phenomena;  though  our 
next  observation  may  seem  to  tend  to  a  very  different  con- 
clusion. For  we  must  remember  that  the  material  that  is 
empirically  given  us  in  society  to  investigate  is  first  of  all, 
simply  motion;  regular  and  irregular,  temporary  and  perma- 
nent changes  of  situation  in  both  men  and  things.  Motives, 
desires,  feelings,  ideals,  and  all  the  other  elements  that  go 
to  make  up  a  conscious  personality  are  not  direct  objects  of 
investigation  for  the  student  of  society.  Directly  they  con- 
cern only  the  psychologist.  Society  itself  is  rather  a  nexus 
of  actions;  and  it  is  a  nexus  so  complex  that  were  the  inves- 
tigator himself  of  other  nature  than  human,  its  interpreta- 
tion would  be  utterly  impossible. 

Fortunately  we,  coming  as  men  to  interpret  the  actions  of 
other  men,  are  in  better  state.  Gifted  by  inheritance  and 
accustomed  by  early  training  and  by  long  practice  on  our- 
selves and  on  others,  in  the  little  matters  of  daily  life  as  in 
the  greater  happenings,  we  are  able  to  interpret  the  actions 
of  others  in  terms  of  the  content  of  our  own  consciousness. 
"We  read  into  the  lives  of  others  motives  and  feelings  akin  to 
those  which  we  ourselves  possess,  and  can  thus  use  the  con- 
clusions of  psychology  to  explain  the  phenomena  that  would 
otherwise  baffle  us. 

This  process  of  interpreting  physical  phenomena  in  terms 

[9«7] 


90  Annai^  of  thb  American  Academy. 

of  psychic  elements  must  be  recognized  as  fundamental  to 
any  attempt  to  understand  society;  and,  indeed,  it  is  so  uni- 
versally employed  as  to  make  it  seem  commonplace  in  state- 
ment. It  is  a  much  more  common  error  to  consider  the 
phenomena  to  be  explained  themselves  psychical,  than  to 
assert  their  causes  to  be  physical. 

It  is  true  that  as  far  as  our  experience  of  live,  socially 
active  human  beings  is  concerned  the  two  kinds  of  phenomena 
are  never  separate;  or,  better  said,  the  physical  man  always 
shows  signs  of  those  co-ordinated  activities,  which  we  inter- 
pret as  involving  the  presence  of  what  we  call  the  psyche. 
The  fact  is  better  stated  in  this  latter  form,  because  what  one 
man  observes  in  other  men  is  of  necessity  only  the  physical, 
the  outer  series;  it  is  in  himself  alone  that  he  can  attend 
both  to  inner  and  to  outer  series. 

In  order  to  find  a  firm  basis  for  our  interpretation  from 
psychical  to  physical,  we  are  forced  now  to  further  considera- 
tion of  the  relation  existing  between  the  two  series.  It  is 
evident  that  no  thought  on  this  subject  can  start  except  fi-om 
hypothesis.  One  possible  assumption  is  that  mind  and  mat- 
ter are  two  entirely  disparate  substances,  and  that  the  former 
is  able  directly  to  exert  influence  on  the  latter.  By  such  an 
assumption,  however,  an  unknown  and  indeterminable  ele- 
ment, mind,  is  introduced  into  our  reasonings,  and  that 
means  the  sacrifice  of  all  hope  of  scientific  explanation  of 
society.  Opposed  to  this  is  the  usual  hypothesis  of  nearly 
all  modem  philosophy  and  science,  that  the  two  series,  the 
physical  and  the  psychical,  correspond  to  one  another 
throughout.  We  will  make  here  the  ordinary  scientific 
assumption  that  the  two  series  are  simply  different  aspects 
of  the  same  substance;  put  in  plain  words  that  means  for  us 
simply  that  mind  has  its  laws  as  does  matter,  and  that,  in 
human  beings  at  least,  the  phenomena  of  one  regularly 
accompany  the  phenomena  of  the  other. 

When  it  was  said  above  that  physical  phenomena  were  to 
be  interpreted   in   terms  of  psychic  elements,  it  was  not 

[918] 


Investigation  in  the  Social  Sciences.         91 

meant  to  imply  that  one  series  influenced  or  caused  the 
other.  The  meaning  was  that  where  our  ability  to  follow 
the  physical  or  sense-series  ceases  on  account  of  its  com- 
plexity, there  we  must  interpolate,  according  to  our  daily 
custom,  and  with  the  aid  of  psychology,  such  elements 
drawn  from  our  own  consciousness  as  experience  has  shown 
to  be  most  satisfactory  in  explanation. 

L^et  us  look  for  a  moment  at  the  physical  series.  Every 
motion  or  action  implies  of  necessity  an  environment  within 
which  it  occurs.  There  can  be  no  change  of  place  without 
reference  of  the  thing  changed  to  the  other  things  which  con- 
stitute its  environment.  There  are  however  certain  portions 
of  the  environment  which  stand  in  a  more  intimate  relation 
to  the  given  object;  for  the  movement  of  the  object  is  always 
directly  referrible  to  some  preceding  movement  in  a  portion 
of  its  environment,  and  it  will  always  be  followed  sooner  or 
later  by  other  movements  in  the  environment.  This  is  noth- 
ing more  than  the  general  principle  of  causation.  It  must, 
however,  not  be  forgotten  that  these  objects  of  the  empirical 
world  which  so  react  and  are  reacted  upon  are  themselves  of 
complicated  nature,  having  individual  characteristics  due  to 
previous  processes  of  physical,  chemical  or  vital  character. 
Each  possesses  its  specific  way  of  reacting  and  of  causing 
reactions.  The  same  blow  or  strain  applied  to  a  steel  rod, 
or  to  a  stick  of  glass  or  of  wood,  will  have  very  different 
effects  in  the  different  cases.  The  jackass  and  the  cat  have 
very  different  reactions  when  placed  in  a  patch  of  thistles. 
Even  different  men  vary  greatly  in  their  response  to  the  same 
stimulus,  indicating  thus  the  specifically  var>'ing  character 
of  their  organisms. 

Each  of  those  actions,  then,  which  taken  together  make 
up  what  we  call  the  social  phenomena,  may  be  looked  at 
from  two  directions.  It  may  be  considered  first  from  the 
position  of  what  we  call  the  actor,  and  second  from  the  posi- 
tion of  the  environment,  or  that  which  has  been  acted  upon. 

Let  us  now  turn  from  the  physical  to  the  psychical  Bspcst 

[919] 


92  Annai^  of  the  American  Academy. 

of  the  phenomena.  As  has  been  shown  above  the  attempt 
to  explain  the  physical  processes  of  society  by  means  of 
psychical  elements  rests  upon  the  hypothesis  that  the  two 
series  correspond  to  one  another  throughout.  It  is  true  that 
immediate  physical  reaction  with  the  environment,  of  a  kind 
which  has  never  appeared  directly  in  the  consciousness  of 
the  organism,  is  responsible  for  very  much  of  the  physical 
evolution  of  the  human  being.  The  study  of  these  reac- 
tions falls  however  rather  to  biology  than  to  sociology.  Man 
as  the  result  of  these  reactions  is  a  primary  assumption  of 
the  sociologist.  It  is  true,  further,  that  many  of  the  actions 
of  an  individual  man  living  under  social  relations,  are  reflex, 
and  consequently  do  not  appear  in  the  corporate  conscious- 
ness of  the  individual.  Their  corresponding  psychic  side, 
if  existent  at  all,  must  be  located  in  the  lower,  sub-cortical 
centres.  Such  actions  are  however  in  nearly  every  case 
strictly  personal  ones  and  without  importance  for  the  study  of 
social  phenomena.  The  statement  will  therefore  hardly  find 
contradiction  that  all  the  human  actions  which  the  sociologist 
is  called  upon  to  consider  have  their  correlates  in  con- 
sciousness. 

Since,  then,  we  have  found  on  the  physical  side  that  all 
the  phenomena  of  movement  can  be  looked  at  from  two 
standpoints,  which  have  been  indicated  by  the  opposition  of 
actor  and  environment,  we  would  naturally  expect  a  similar 
relationship  on  the  psychical  side.  And  indeed  we  can  make 
such  an  analysis  in  thought;  it  is  the  relationship  of  subject 
and  object  itself.  We  waive  the  speculation,  which  fortu- 
nately does  not  concern  us  here,  as  to  whether  this  relation 
is  also  found  in  the  inorganic  world;  the  physicist  does  not 
use  it,  finding  that  interpretation  in  terms  of  the  physical 
series  is  sufiScient  for  all  his  needs.  It  is  just  in  the  phe- 
nomena of  human  life  that  the  relationship  is  universally 
admitted  to  exist.  Subject  and  object  are  the  results  of  the 
very  first  analysis  of  what  we  call  the  psychic,  and  one  of 
them  is  inconceivable  without  the  other. 

[920] 


Investigation  in  the  Social  Sciences.         93 

We  must  now  carry  farther  the  analogy  between  actor  and 
environment,  or  cause  and  effect,  on  one  side,  and  subject 
and  object  on  the  other.  If  we  consider  for  itself  the 
simplest  psychic  state  which  we  can  find — a  pure  sensation, 
whether  pleasurable,  painful  or  indifferent  in  tone — it  is  prob- 
ably correct  to  say  that  it  is  just  "  a  piece  of  naive  experi- 
ence "  with  neither  subject  nor  object  about  it.  But  enough 
"philosophizing"  has  been  done  by  every  adult,  even  of 
the  lowest  savage  tribe,  to  give  hun  this  analysis  into  subject 
and  object;  and  the  distinction,  once  made,  becomes  a  tre- 
mendously important  thing.  The  man  as  subject  feels,  and 
he  feels  with  reference  to  an  outside  world.  This  proceat 
of  '  *  localization ' '  may  be  very  vag^e  indeed  as  where  a 
slight  disturbance  is  located  in  general  among  the  viscera;  or 
it  may  be  very  precise,  as  is  the  ordinary  man's  idea  of 
place  of  things  seen.  Among  adult  members  of  society,  it 
is,  however,  always  present. 

Now  just  as  man  on  the  physical  side  is  a  living  and 
**  going  "  organism  with  his  own  peculiar  modes  of  reaction, 
so  he  is  to  be  considered  on  the  psychical  side.  The  adult 
man  has  a  great  store  of  experience,  and  this  determines  the 
specific  modes  of  his  psychic  reaction.  The  combination  of 
a  physical  stimulus  with  his  nervous  structure,  resulting  in 
action,  and  the  combination  of  a  sensation  with  his  idea8» 
resulting  in  a  new  state  of  consciousness,  are  simultaneous. 
It  is  on  the  basis  of  these  propositions,  resulting  as  they  do 
from  our  preliminary  hypothesis  of  the  relation  between 
matter  and  mind,  that  we  get  our  justification  for  explaining 
the  physical  phenomena  of  society  in  terms  of  psychic  ele- 
ments. Instead  of  attempting  to  interpret  the  actions  of 
men  by  brain  states,  of  which  in  the  very  nature  of  the  phe- 
nomena we  can  know  nothing,  we  use  directly  the  concomi- 
tant psychic  states,  the  desires,  feelings  and  ideas,  and 
interpret  the  actions  through  them.  Empirically  we  have 
seen  this  method  of  explanation  to  be  unavoidable;  and  the 
hypothesis  from  which  we  have  set  out  is  the  only  one  which 

[921] 


94  Annals  of  the  American  Academy. 

will  enable  us  to  take  advantage  of  it,  and  yet  keep  within 
the  limits  of  scientific  work. 

Now  it  is  so  clear  as  hardly  to  need  statement  that  the 
analysis  between  subject  and  object  is  possible  only  for  an 
individual  consciousness.  One's  own  subjectivity  is  the  one 
absolutely  unique  fact  of  his  life.  In  assuming  for  each 
individual  man  a  psychic  life,  that  is  an  individual  subjec- 
tivity, we  assume  for  him  at  the  same  time  the  corresponding 
object  series  to  which  his  subject  refers.  This  object  series 
will  vary  greatly  for  men  at  diflferent  stages  in  racial  evolu- 
tion. It  will  differ  for  two  men  tmder  the  same  circiunstances; 
and  it  will  even  differ  for  the  same  man  at  different  periods 
in  his  intellectual  development.  If  then  we  are  to  interpret 
the  individual's  actions  by  means  of  his  assumed  subjective 
states,  we  must  understand  and  interpret  these  with  reference 
to  the  particular  individual  object  series  to  which  they  refer, 
as  far  as  we  can  determine  it,  and  not  with  reference  to  our 
own,  or  to  some  assumed  '*  racial  "  or  *'  social ' '  object  series. 
If  the  elements  on  which  we  base  the  explanation  of  society 
are  to  be  the  states  of  feeling  and  knowing  of  the  individual 
subject,  they  must  have  opposed  to  them  the  content  felt  and 
known  by  him  at  the  time,  rather  than  that  content  of  better 
tested  knowledge  which  the  race  has  accrued,  and  which  we 
are  accustomed  to  call  the  *  *  real ' '  physical  world.  This 
may  seem  rather  a  verbal  quibble.  It  has,  however,  its  im- 
portance in  the  consideration  of  the  complicated  phenomena 
of  society,  and  we  shall  be  careful  throughout  to  name  the 
elements  that  we  may  find,  rather  in  terms  of  subject  and 
object  than  of  physical  forces. 

The  postulation  of  these  mutual  interactions  of  the  phe- 
nomena in  the  psychical  as  well  as  in  the  physical  series, 
must  not  be  thought  to  be  derogatory  in  any  way  to  the 
power  of  initiative  which  manifestly  resides  in  all  living 
beings.  Rather  it  directly  presupposes  it.  Just  as  proto- 
plasm becomes  a  store  of  energy,  and  as  the  different  organ- 
isms all  have  their  characteristic  acquired  modes  of  reaction, 

[922] 


\Ai 


Investigation  in  the  Sociai,  Sciences.  95 

so  there  is  for  each  being  its  characteristic  psychic  condition 
and  initiative.  And  though  we  can  ultimately  reduce  the 
*•  going"  and  originating  power  of  protoplasm  to  reaction 
of  units  of  matter  with  the  environment — as  it  has  been  sug- 
gested, for  example,  in  the  case  of  the  simplest  unicellular 
organisms,  to  the  effect  of  moisture  and  light  on  the  surface 
of  the  cell — this  does  not  in  the  slightest  degree  do  detriment 
to  the  fact  that  in  the  organisms  as  we  find  them,  the  specifi- 
cally characteristic  activities  and  "  psychologies"  are  present. 

Admitting  the  necessity  of  a  psychologic  interpretation  of 
all  social  phenomena,  and  recognizing  that  just  as  every 
action  is  only  conceivable  with  reference  to  an  environment, 
so  every  psychic  state  whether  feeling  or  thought  or  impulse, 
is  inextricably  bound  up  with  an  "object,"  either  of  the 
past  or  of  the  present,  to  which  it  can  be  referred,  we  are  in 
a  position  to  begin  the  consideration  of  those  elements  which 
must  be  made  the  units  of  investigation  in  any  causal  inter- 
pretation of  social  phenomena. 

The  elements  divide  themselves  as  has  been  indicated, 
first  of  all,  into  the  two  general  classes  of  the  men  who  know, 
feel,  and  act,  and  that  content  which  presents  itself  from 
one  point  of  view  as  that  which  is  known  or  felt,  from  the 
other  as  that  which  is  a  cause  of  action.  Any  individual 
man,  as  we  find  him,  has  certain  characteristic  ways  of 
reacting  on  the  various  stimuli  that  are  presented  to  him. 
The  sum  of  these  forms  of  reactions,  considered  from  the  sub- 
jective side,  constitute  what  we  call  his  personality,  and  dis- 
tinguish him  from  other  individuals.  The  sensations  which 
present  themselves  to  him  from  without,  combine  themselves 
as  they  come,  into  percepts  or  objects.  To  these  he  responds 
in  accordance  with  his  accumulated  store  of  ideas,  or  psychic 
personality,  as  above  described. 

These  objects  group  themselves  primarily  into  other  human 
beings,  and  a  physical  nature,  which  latter  phrase  must  be 
understood   to   include  brute   and  vegetal  life  as  well  as 

[923] 


96  Annals  of  the  American  Academy. 

inorganic  phenomena.  It  must  not  be  left  out  of  account  that 
man  is  a  "going  "  organism;  and  that  what  both  immediate 
sense  stimuli  and  his  store  of  accumulated  experience  or 
personal  knowledge  really  do  for  him  is  to  control  the  direc- 
tion of  his  actions.  Consequently  he  sometimes  seems  to  be 
acting  entirely  under  the  influence  of  immediate  sensations; 
sometimes  entirely  under  the  influence  of  inward  states  or 
ideas.  In  reality  both  elements  are  concerned  in  all  his 
actions.  The  actions  brought  about  largely  by  inward  states 
or  ideas  become  exceedingly  complex.  It  is  on  them  almost 
entirely  that  social  life  depends,  and  it  is  on  account  of  their 
complexity  that  we  are  forced  to  the  psychic  interpretation 
of  the  social  phenomena. 

In  classifying  the  units  of  investigation  in  the  social 
sciences  we  do  not  need  to  do  it  from  the  standpoint  of  the 
individual  man  in  society.  It  will  suffice  if  we  remark  that 
the  actions  of  each  individual  with  reference  to  his  neigh- 
bors are  governed  by  what  he  expects  them  to  do  rather 
than  by  what  they  actually  will  do,  as  to  which  latter  the 
individual  man  has  of  course  no  means  of  being  certain  in 
advance.  The  classification  can  then  be  made  from  an 
external  standpoint. 

The  units  of  investigation  then,  as  far  as  they  have  been 
yet  mentioned,  include  the  knowing  and  acting  men,  and 
the  known  environment  of  physical  nature  within  which  they 
are  placed.  With  the  latter  we  have  in  this  paper  little  con- 
cern. It  consists  always  of  certain  concrete  conditions; 
and.  as  has  been  repeatedly  said,  is  to  be  brought  into 
consideration  only  in  so  far  as  it  is  known  to  the  members 
of  the  society.  In  low  societies  the  influence  of  this  envi- 
ronment while  of  the  greatest  importance,  is  simple  and 
largely  a  matter  of  immediate  experience.  The  conditions 
of  climate,  the  dangers  that  are  encountered,  the  food  supply 
that  is  within  reach,  are  all  reacted  upon  directly  and  have 
their  great  effect  in  social  development.  In  an  advanced 
type  of  society  where  a  great  mass  of  knowledge  has  been 

[924] 


Investigation  in  the  Social  Sciences.         97 

acquired  by  the  summed  up  labors  of  many  generations  of 
men,  and  where  the  various  parts  of  the  external  world  arc 
understood  in  their  relations  to  one  another,  the  environ- 
ment is  exploited  to  a  much  higher  degree  for  the  benefit 
of  the  individuals.  Nature  is  here  xmder  the  control  of  man, 
and  the  individual's  reactions  with  it  are  in  the  main  not 
direct  but  meditated  through  the  organization  of  society. 
and  through  the  whole  mass  of  accrued  appliances  and 
social  knowledge. 

Passing  now  from  the  physical  environment  to  the  human 
beings  who  react  in  connection  with  it,  it  is  next  neces- 
sary to  classify  the  various  psychical  elements  with  ref- 
erence to  the  forms  which  they  assume  under  social  con- 
ditions. For  the  sociologist  the  fundamental  fact  of  the 
psychic  life  of  man  is  that  he  is  a  creature  with  wants.  The 
term  wants  may  be  understood  to  include  the  content  of  all 
those  motives  which  lead  to  action  with  which  the  sociolo- 
gist is  concerned;  there  are,  of  course,  many  other  wants 
leading  to  actions  which  have  no  import  for  sodetj'.  We 
may  distinguish  in  general  between  the  deep-seated  and 
permanent  needs  of  the  organism,  and  its  temporary  and 
fluctuating  desires;  but  it  is  not  the  purpose  of  this  paper 
to  concern  itself  at  all  with  the  classification  of  concrete 
wants.  While  such  classification  is  of  the  utmost  importance 
for  the  interpretation  of  specific  social  problems,  it  will  not 
aid  to  discover  the  general  types  of  elements  with  which  one 
must  always  reckon.  We  must  seek  rather  for  the  specifi- 
cally different  psychical  forms  in  which  the  wants,  and  the 
psychic  processes  connected  with  their  satisfaction,  express 
themselves.  We  will  find,  in  general,  three  such  forms  whidi 
are  of  importance  to  the  sociologist.  The  simplest  of  these 
is  impulse,  which  is  correlated  with  impulsive  action.  It  is 
an  immediate  yielding  to  the  first  best  desire  that  comes  along. 

We  may  define  impulse  accordingly  as  the  ps>xhic  analogue 
of  the  simplest  form  of  want  satisfying  activity;  remember- 
ing of  course  that  with  the  increasing  complexity  of  psychic 

[925] 


98  Annai^  of  the  American  Academy. 

life,  and  the  consequent  conflict  of  impulses,  there  will  be 
many  impulses  which  will  be  conquered  by  stronger  ones, 
and  so  which  never  appear  directly  in  action.  In  the  lower 
animals  the  form  of  much  of  the  activity  from  birth  onward 
is  instinctive,  by  which  is  meant  simply  an  inherited  form  of 
reaction  on  the  world;  but  in  the  human  being  instinct  plays 
such  a  minor  role,  being  replaced  almost  entirely  by  imita- 
tion and  acquired  experience  after  birth,  that  we  do  not  need 
to  take  it  into  account  for  our  purposes. 

Simple  impulsive  actions  being  random  and  indefinite  are 
themselves  of  little  importance  for  the  sociologist,  and  in  the 
vast  majority  of  persons  in  a  modem  civilized  community 
they  occur  mainly  in  connection  with  the  trifling  personal 
functions  of  every  day  life.  In  place  of  them  we  find  the 
co-ordinated  actions  governed  either  by  custom  or  by  "en- 
lightened egoism."  It  is  next  necessary  to  trace  briefly  the 
steps  in  this  co-ordination  of  impulses  into  customs  on  the 
one  side  and  into  ''competition"  or  conscious  calculation  on 
the  other.* 

Even  in  an  isolated  individual  there  would  arise  very 
quickly  habits  of  reaction,  owing  on  the  mental  side  to  his 
distinguishing  between  successful  and  unsuccessful  methods 
of  attempting  to  satisfy  his  wants;  and  on  the  physical  to  the 
tendency  to  repetition  of  past  actions,  the  energy  of  the 
individual  being  drained  off"  along  the  lines  of  least 
resistance.  In  a  group  of  individuals  living  under  the  same 
physical  surroundings,  there  would  naturally  be  many 
habits  individually  formed  which  would  correspond  in  all 
the  members  of  the  group.  Recent  investigationsf  have 
greatly  emphasized  the  importance  for  the  understanding  of 
the  evolution  of  mind,  of  the  imitative  tendency  in  all  its 
various  stages  from  physiological  repetition  to  conscious  and 

•  Professor  Patten  has  elaborated  the  distinction  between  actions  determined  by 
*•  feeHng"  and  those  determined  by  "  reasoning"  in  several  of  his  recent  writingi. 
See  especially  "The  Scope  of  Political  Economy,"  Yale  Review,  November,  1893 
p.  279. 

t  Compare,  for  example,  J.  Mark  Baldwin,  "  Mental  Development  in  the  Child 
and  the  Race,"    New  York,  1895. 

[926] 


Investigation  in  the  Social  Sciences.  99 

volitional  reproduction;  and  this  factor  alone  would  be  suffi- 
cient to  ensure  a  great  multiplication  of  the  number  of  habits 
of  action  common  to  most  or  all  the  members  of  the  group. 
Habits  of  quite  complicated  character  would  be  passed  both 
from  parents  and  from  other  adults  to  the  children,  as  well  as 
from  adult  to  adult. 

In  this  approximation  of  the  habits  of  many  people  to  one 
another  we  have  the  rudiments  of  customary  action^  a 
phenomenon  of  such  transcendent  importance  for  the  inter- 
pretation of  many  civilizations,  and  of  the  widest  influence 
even  in  the  Western  civilization  of  to-day.  Imitation,  im- 
portant as  it  is,  can  however  explain  to  us  by  no  means  all  of 
the  phenomena  of  social  custom.  As  a  correlative  to  the  at- 
tempt both  of  children  and  of  adults  to  acquire  consciously 
and  volitionally  some  social  habit  or  custom,  there  may  go 
the  attempt  on  the  part  of  the  more  adept  to  impart  or  teach 
it.  The  custom  thus  comes  to  be  looked  upon  objectively 
from  both  sides.  It  is  referred  to  the  whole  group  as  some- 
thing which  everyone  does,  and  no  longer  regarded  as  a 
simple  property  of  the  individual.  When  it  is  learned  or 
taught  it  is  looked  upon  as  something  to  be  valued  for  its 
own  sake.  In  the  characteristic  way  peculiar  to  the  hmnan 
species,  the  means  has  been  raised  up  and  is  treated  as  an  end 
in  itself. 

But  this  is  not  all.  After  the  custom  has  become  compar- 
atively fixed  and  rigid,  the  physical  environment,  or  the 
corresponding  wants  of  the  group,  may  undergo  some 
change,  so  as  to  destroy  to  a  greater  or  less  extent  the  pur- 
posefulness  of  the  custom.  It  will  not  readily  yield  and 
remains  a  monument  of  past  conditions.  It  becomes  then 
regarded  all  the  more  as  objective  and  independent.  The 
more  intelligent  of  the  people  may  see  its  undesirability,  and 
wish  to  disregard  it,  but  lack  of  energy  and  fear  of  their  leiB 
facile  fellows  will  keep  them  true  to  the  old  observance. 
Again,  in  the  course  of  time  and  with  a  changing  environ- 
ment, the  custom  may  come  to  aflfect  an  entirely  different 

[927] 


loo  Annai^  of  the  American  Academy. 

part  of  the  life  activity  from  that  which  it  originally  con- 
cerned: and  this  is  still  another  element  tending  to  cause 
people  to  look  upon  it  as  an  objective  fact  with  which  they 
must  reckon. 

Now  in  order  that  these  customs  be  looked  on  as  objective 
by  the  individual  members  of  the  group  in  which  they  are 
found,  a  considerable  degree  of  intellectual  development  is 
required.  The  individual  must  have  consciously  reflected  on 
the  surroundings  of  his  life  and  be  able  to  reason  about  them. 
It  is  just  this  characteristic  which  marks  the  sharp  difference 
between  the  actions  of  the  hive-bees  and  those  of  the  members 
of  even  the  most  savage  group  of  human  beings.  It  will 
hardly  be  said  that  the  worker  bee  consciously  reflects  on  his 
life  and  its  conditions,  and  acts  accordingly.  The  bee 
simply  acts  as  his  instincts  have  led  him,  and  all  is  well. 
The  man  reflects  as  he  lives.  It  is  not  intended  to  claim 
that  in  races  under  the  full  sway  of  primitive  custom,  there 
is  very  much  conscious  reflection  of  this  particular  kind,  but 
simply  that  in  an  occasional  individual  the  germs  of  it  are 
found,  and  that  the  farther  the  tribe  has  developed,  the  more 
important  such  reflection  becomes. 

We  have  seen  that  many  of  the  impulses  and  habits  of 
the  individuals  become  co-ordinated  in  social  life  in  the  form 
of  custom.  There  remains,  however,  a  large  part  of  their 
activity  which  does  not  become  so  regulated  but  continues  in 
the  impulsive  form.  It  is  probably  here  that  the  material  is 
to  be  found  from  which  free  volitional  action  and  conscious 
calculation  of  utilities  is  developed.  The  occasion  of  such 
action  would  be,  as  has  been  already  indicated,  the  conflict  of 
two  or  three  impulses  of  which  it  was  possible  to  choose  only 
one.  A  utility  scale  would  gradually  be  formed  in  accordance 
with  which  choices  would  be  made.  The  portion  of  the 
activities  of  the  individual  in  connection  with  which  such 
conscious  calculations  are  made,  would  be  gradually  enlarged: 
but  it  is  evident  that  only  that  can  be  weighed  and  estimated 
which  is  of  the  nature  of  a  content  of  knowledge;    and  this 

[928] 


Investigation  in  the  Social  Sciences.        ioi 

agrees  thoroughly  with  our  general  theorem  of  the  importance 
of  the  opposition  of  subject  and  object,  in  selecting  our  units 
of  investigation. 

We  may  now  pause  for  a  moment  to  consider  what  ele- 
ments on  which  to  base  our  reasonmg  about  social  phenom- 
ena, have  been  thus  far  disclosed,  and  what  are  their  relations 
to  one  another.  These  elements  are  individual  men  as 
acting  (i)  on  impulse,  (2)  unreflectingly,  in  accordance  with 
custom,  or  (3)  with  conscious  calculation.  Their  actions  are 
governed  with  respect  to  their  environment,  which  consists, 
for  all  their  calculated  actions,  at  least,  of  their  knowledge 
and  experience  of  (a)  nature,  (^)  their  fellow-men  as  indi- 
viduals, and  (r)  social  customs. 

In  making  thus  social  custom,  as  we  find  it  objectified 
in  the  mind  of  the  individual,  one  of  the  units  for  reason- 
ing, it  is  by  no  means  meant  that  custom  is  any  mate- 
rial or  tangible  phenomenon.  The  ridiculousness  of  such  a 
position  is  apparent  enough.  On  the  other  hand  more  is 
meant  than  that  it  is  simply  an  abstraction  made  by  the 
student  to  help  him  in  his  scientific  studies.  Custom  must 
be  understood  as  objectified  in  the  minds  of  the  very  people 
among  whom  it  is  found,  and  as  helping  to  regulate  their 
actions.  True,  in  low,  custom-bound  societies  there  may  be 
very  few  who  do  more  than  imitate,  very  few  who  consciously 
take  custom  into  account  in  the  way  we  have  specified. 
Nevertheless  there  are  some  who  do  it,  and  whose  lives  are 
greatly  affected  thereby;  and  it  is  these  very  individuab 
who  bear  with  them  the  seeds  of  social  change,  and  whose 
natures  it  is  thus  of  the  most  importance  for  the  sociologist 
to  understand. 

The  elements  thus  far  enumerated  are  clearly  insufficient 
to  account  for  many  of  the  highly  complicated  phenomena 
which  we  find  in  modem  social  life.  We  have  however 
already  attained  the  main  principles  on  which  their  classifi- 
cation must  be  based  :  so  instead  of  trying  to  follow  further 
the  general  course  of  social  development,  we  may  descend  at 

[929] 


I02  Annals  of  the  American  Academy. 

once  into  the  midst  of  affairs  as  our  present  society  shows 
them. 

First  of  all  our  attention  is  called  to  the  fact  that  the 
physical  environment  to  be  considered  is  no  longer  simple 
unmodified  nature.  By  the  actions  of  many  generations  of 
men,  climates  have  been  changed,  lands  reclaimed,  harbors 
made,  and  a  thousand  other  changes  brought  about  in  the 
country  inhabited.  We  must  take  all  these  things  as  we 
find  them  now  if  we  would  tmderstand  society  rightly.  Fur- 
ther than  this,  a  modem  society  possesses  a  great  store  of 
material  goods  which  have  already  been  fitted  for  human 
use,  or  are  on  their  way  toward  that  goal.  These  form  a 
vantage  point  for  further  progress.  These  material  elements 
admit  only  of  concrete  classification,  and,  as  before,  we 
can  pass  over  them  at  once  to  the  distinctively  human 
elements. 

It  will  be  remembered  that  the  chief  characteristic  of  cus- 
tom is  that  it  is  a  form  of  action  which  is  shared  in  alike  by 
all,  or,  at  least,  by  the  great  majority  of  the  members  of  the 
group  in  question.  Undoubtedly  the  chief  form  of  custom 
which  we  have  to  mention  is  the  language  of  the  societ3^  In 
its  earlier  forms,  spoken  language  will  be  found  to  answer 
very  exactly  to  customary  action  as  it  has  been  described 
above.  Under  custom  may  also  be  classed  simple  religious 
beliefs,  and  even  simple  ceremony,  as  far  as  it  has  not  taken 
on  a  type  of  organization  characterized  by  formal  division  of 
labor. 

Unfortunately  the  word  custom  is  liable  to  be  understood 
in  several  different  ways.  It  may  mean  first  of  all,  on  the 
physical  side,  the  habitual  mode  of  reaction  which  is  the 
same  in  all  of  the  individuals  of  the  group.  This  we  have 
been  distinguishing  by  the  phrase  **  customary  action" 
instead  of  by  the  simple  word  custom.  But  it  may  also 
refer  subjectively  to  the  characteristic  of  the  individual  in 
making  such  response  to  stimulus:  or  finally  it  may  mean 
the  objectified  mass  of  custom  as  it  presents  itself  to  the 

[930] 


Investigation  in  the  Social  Sciences.        103 

reflecting  individual:  in  other  words,  the  abstraction,  cus- 
tom. Customs  in  this  last  sense  are  the  products  of  the 
social  interaction  of  men,  as  recognized  in  the  individual 
brain.  Now  there  will  be  found  certain  other  elements  in  the 
knowledge  of  the  individual  about  society,  which  differ  in 
certain  respects  from  customs,  and  which  are  even  more 
important  as  regulators  of  his  conduct.  These  bear  in  gen- 
eral the  mark  that  they  involve  differentiation  of  function  on 
the  part  of  the  individuals:  and  they  are  often  classed 
together  with  customs  under  the  general  phrase  "social 
structure. ' '  Here  belong,  for  example,  all  institutions,  and 
the  whole  social  organization  of  individual  activities.  The 
general  characteristics  of  any  particular  civilization  are  often 
summed  up  by  reference  to  these  things — its  laws  and  insti- 
tutions, customs  and  beliefs.  There  is  apparently  no  dis- 
tinctive English  word  for  this  class  of  phenomena,  and  as  it 
is  essential  for  the  sake  of  clearness  of  reasoning  to  have 
them  specifically  named,  we  may  perhaps  adopt  from  another 
science  the  word  '  *  formation  * '  for  this  purpose.  Formation 
then  may  be  used  to  designate  any  portion  of  what  is  often 
called  the  "social  structure,"  whatever  its  origin,  which 
may  be  objectified  by  the  individual  and  made  the  norm  or 
basis  of  his  action. 

Prominent  among  the  social  formations  is  the  state,  or 
rather  the  constitution  of  the  state,  if  that  word  can  be  used 
in  such  a  broad  sense  as  to  make  it  include  the  form  of 
organization  of  all  the  political  activities  of  that  part  of  the 
citizenship  which  is  concerned  in  any  way  whatever  with  the 
carrying  on  of  the  state  functions.  Again  the  whole  religious 
organization  with  its  related  institutions  forms  a  good  exam- 
ple of  a  social  formation,  or  rather  of  a  complex  of  such 
formations.  Here  also  are  to  be  ranged  such  institutions  as 
marriage  and  the  family,  the  school  and  the  university,  and 
benevolent  organizations.  The  industrial  organization  of  a 
modem  society  is  a  complex  of  such  formations,  among 
which  may  be  mentioned  the  phenomena  of  exchange,  credit, 

[931] 


I04  Anxai.s  of  thk  Amkkican  Academy. 

currt'iiCN-,  the  transportation  system,  boards  of  trade,  banks, 
the  tck-L^raph,  and  bnsiness  law. 

Objection  may  perhaps  be  brought  that  these  "social  for- 
matit)ns  ' '  are  really  nothing  more  than  modes  of  interaction 
of  men  living  in  the  society  of  one  another,  and  that 
abstraction  of  them  does  not  make  them  elements  of  reason- 
ing, but  rather  phenomena  to  be  explained;  and  it  may  be 
said  further  that  the  explanation  can  be  given  completely  in 
terms  of  the  individual  men  who  are  members  of  the  society 
in  which  the  phenomena  occur.  The  first  of  these  points  is 
readily  admitted,  but  the  second  and  third  impl}'  misunder- 
standing of  the  whole  course  of  our  argument.  It  has  been 
a  fundamental  assumption  from  the  very  beginning  of  this 
pa})er  that  the  actions  of  men,  which  are  the  phenomenal 
content  of  sociology,  are  so  comj)lex  that  they  can  be  ex- 
plained only  in  terms  of  the  psychic  lives  of  those  men. 
Inirther  it  has  been  assumed  that  the  psychic  factors  can  only 
be  understo(3d  in  connection  with  that  objective  world  which 
is  in  its  simplest  phases  the  occasion  of  their  feeling,  and  in  its 
most  com])lex  manifestations  the  content  of  their  knowledge. 
If  now  it  can  be  shown  that  the  psychic  .states  and  conse- 
(piently  the  actions  of  an  individual  living  in  a  society  are 
g'Aerned  as  much  by  his  knowledge  and  ideas  of  what  we 
ha\e  called  formations,  as  by  his  knowledge  and  experience 
(A'  tile  outer  physical  world,  or  (^f  the  concrete  men  with 
whom  he  comes  into  contact,  the  criticisms  above  mentioned 
will    li.'ive  been  sufhcientl\'  met. 

If  we  ])ause  to  consider  what  the  terms  subject  and  object 
theni^el\-es  im])ly,  we  will  find  that  the\'  are  both  abstrac- 
tions from  a  primary  sense-content.  Tlie  one  always  im- 
])]u->  tlir  other,  and  it  is  f)nly  in  thought  that  the  two  can 
be  -r;.  ir;ilcd  at  :dl.  Thought  as  a  relating  and  limiting 
acti'.  il\-  iii\()lves  lu  its  very  essence  abstraction.  TVom  this 
])'.iiii  (,r  \i(\v  tlie  external  ])h\'sical  world  is  itself  an 
absira'  lion  froi!i  sense-experience.  It  is  object  to  the  indi- 
viilua!    Mibjet  t  v.!;o  know^   it.      We   must  b.-  careful   not  to 

[93-'] 


Investigation  in  the  Social  Sciences.        105 

confuse  objectivity  with  materiality.  Everything  material 
is  objective,  but  the  objective  is  not  exhausted  in  the  material. 
For  instance,  when  we  make  the  psychic  life  of  otliers  or 
our  own  past  mental  states  the  *'  object "  of  our  thought, 
these  immaterial  things  ar^  as  truly  objective  to  us  as  the 
external  physical  world  can  possibly  be.  Now  in  order  to 
distinguish  that  which  is  "real "  from  that  which  is  merely 
a  projection  of  his  own  brain,  the  indi\ndual  subject  is  acctis> 
tomed  to  appeal  to  the  consensus  of  his  fellow  himian  beings. 
By  accepting  that  which  is  reported  as  objective  by  all  as 
the  "real,"  hallucination  is  weeded  out  and  the  individual 
obtains  a  reliable  basis  for  action.  All  of  these  points  are 
in  full  harmony  with  our  claim  to  consider  the  social  forma- 
tion as  objective,  and  to  treat  it  as  one  of  the  elements  on 
which  the  action  of  the  individual  depends. 

Empirically  the  objectivity  and  positive  character  of  social 
formations  will  hardly  be  denied.  A  law  is  objective  enough 
to  the  criminal  who  violates  it  or  who  contemplates  its  vio- 
lation. A  man  deliberating  as  to  whether  he  shall  go  into 
a  public  bar  for  a  drink  of  liquor  is  just  as  apt  to  have  his 
decision  determined  by  reference  to  his  code  of  social  pro- 
priety as  to  the  physiological  condition  of  his  body.  A  btisi- 
ness  man  finding  his  success  dependent  on  the  adoption  of 
certain  dishonorable  practices  common  among  his  competi- 
tors will  swing  into  line  despite  the  dictates  of  his  conscience. 
These  cases  do  not  need  multiplication.  The  influence  on 
the  actions  of  the  individual  men  is  plainly  enough  to  be 
seen. 

It  is  however  clear  that  social  formations  are  by  no  means 
taken  into  account  in  all  the  actions  of  individuals.  In 
actions  from  impulse  and  from  habit,  there  is  in  the  nature 
of  the  case  no  such  reference.  It  is  only  in  tlie  class  of 
actions  which  follow  conscious  calculations  that  the  objective 
formation  is  of  importance.  But  it  is  just  such  action,  basing 
as  it  does  in  reason,  that  is  distinctive  of  htiman  beings,  and 
by  means  of  which,   as  has  already  been  pointed  out,   the 

[933] 


io6  Annals  of  thk  American  Academy. 

human  group  is  differentiated  from  even  the  highest  aggre- 
gation of  animals.  The  human  being  recognizes  means  as 
dintinct  from  ends,  and  he  alone  among  animals  can  compare 
and  weigh  these  means;  and  make  them  directly  the  objects 
of  his  activities.  In  highly  dev^oped  societies  it  is  only  by 
this  process,  by  consciously  recognizing  the  social  formations 
and  adapting  himself  to  them,  that  the  individual  can  main- 
tain a  successful  existence. 

After  what  has  been  said  it  seems  hardly  necessary  to  add 
that  the  objectivity  which  has  been  posited  of  social  forma- 
tions does  not  cany  with  it  in  any  sense  the  implication 
of  any  initiative  or  autonomous  character.  The  formation 
has  its  effect  and  is  an  element  for  reasoning  only  so  far  as 
it  is  a  part  of  the  knowledge  content  of  the  indi\'idual  man. 
The  difference  between  it  and  the  external  physical  world, 
as  far  as  our  purposes  go,  is  simply  that  it  has  its  effect 
merely  as  a  representative  state,  while  material  objects  must 
at  times  be  considered  also  in  their  immediate  effects  as  sim- 
ple presentations. 

Taking  these  elements, — the  impulses,  psychic  customs 
and  calculations  of  men,  and  the  content  of  their  knowledge, 
consisting  of  the  physical  world,  other  individuals  and 
social  formations, — we  have  next  to  indicate  a  few  of  the 
main  forms  in  which  they  must  be  combined  to  explain  the 
phenomena  of  social  life.  In  any  given  problem,  only  a 
part  of  these  elements  may  occur,  or  be  important  enough  to 
merit  special  consideration. 

These  problems  may  be  divided  in  the  usual  way  into 
genetic  and  static.  The  static  theories  seek  to  explain  the 
social  relationships  and  interactions,  under  circumstances  in 
which  the  elements  on  which  the  reasoning  is  based,  remain 
practically  unchanged.  The  genetic  theories,  on  the  other 
hand,  seek  to  show  the  development  of  these  very  elements, 
and  the  changes  which  have  been  brought  about  in  them  in 
the  course  of  hmnan  history.     It  must  be  remembered  that 

[934] 


Investigation  in  the  Sociai.  Sciences.        107 

this  division  of  the  problems  of  society  into  genetic  and 
static  is  a  purely  logical  one,  and  that  it  is  made  only  for 
purposes  of  convenience  in  treatment.  In  a  certain  sense 
all  social  problems  may  be  looked  on  as  genetic,  as  will 
appear  especially  when  we  glance  at  the  elements  which  are 
used  in  the  theories  of  value.  Nevertheless,  the  distinction 
is  found  to  be  of  considerable  importance.  Let  us  examine, 
first  of  all,  the  combination  of  the  elements  for  the  explana- 
tion of  a  few  typical  genetic  problems. 

We  have  seen  how  in  small,  primary  groups,  brought  to- 
gether largely  by  conditions  of  food-supply  and  by  sexual 
impulses,  the  direct  interaction  of  one  individual  upon 
another  through  imitation  will  produce  common  habits,  or 
as  we  have  called  them  customary  actions.  To  explain 
this  process  the  only  elements  which  we  have  found  it 
necessary  to  take  into  account  are  impulses,  physical 
nature,  and  the  presence  of  other  individuals.  In  this 
way  simple  language  forms  are  produced;  so  also  primitive 
reUg^ous  beliefs,  which  are  to  be  looked  on  as  a  customary 
interpretation  of  certain  physical  phenomena.  The  same 
elements  will  suffice  to  explain  the  origin  of  many  of  the 
primitive  formations  implying  division  of  labor;  as  simple 
political  institutions  and  ceremonial  of  worship,  the  fore- 
runner of  the  organized  church.  It  is  true  that  the  presence 
of  different  groups  of  men  in  the  same  region  has  undoubt- 
edly the  utmost  importance  for  the  understanding  of  even 
the  earliest  political  institutions,  as  Gumplowicz  has  espe- 
cially emphasized:  but,  as  will  appear  later,  this  fact  does 
not  make  it  necessary  to  assume  the  group  as  the  unit  of 
reasoning. 

Each  new  individual  bom  or  adopted  into  the  group  re- 
ceives by  imitation,  conscious  or  unconscious,  the  customs 
of  the  older  members.  Even  after  the  custom  has  become 
quite  firmly  fixed  and  well  adapted  for  the  ends  which  it 
serves,  a  change  in  the  environment  will  probably  afiect  it 
and  gradually  change  its  character. 

[935] 


loS  Annals  ok  tiik  American  Academy. 

These  changes  are  usually  brought  about  by  repeated 
slight  deviations  on  the  part  of  some  of  the  more  independ- 
ent members  of  the  group;  and  these  deviations,  imitated  by 
others,  form  the  basis  for  the  new  custom.  Sometimes, 
again,  a  very  firmly  fixed  customary  action  will  sur\dve  on 
tlie  sudden  removal  to  a  different  environment,  and  obtain 
verv  (lifTerent  meaning  from  what  it  originally  had. 

It  is  clear  that  in  some  of  these  processes  it  has  been 
necessary  to  assume  individuals  acting  with  a  more  or  less 
perfect,  conscious  estimation  of  pleasures  and  pains;  while 
reaction  is  also  beginning  to  be  made  with  reference  to  the 
formations  objectively  considered.  One  stage  in  the  develop- 
ment of  the  formation  has  thus  served  as  a  stepping-stone 
on  which  the  members  of  the  society  have  risen  to  a  higher 
stage;  or  one  formation  has  served  as  stepping-stone  in  the 
change  to  another.  To  use  another  figure,  the  objectified 
formation  has  ser\'ed  as  the  fulcrum  on  which  the  lever  of 
human  desire  has  worked  to  secure  a  better  adjustment  to 
the  environment  for  the  future. 

In  these  ways  then  very  complex  customs  and  institutions 
will  gradually  be  developed.  It  is  usual  to  put  in  opposition 
to  one  another  two  forms  of  the  development  of  institutions; 
on  the  one  side,  spontaneous  or  organic  growth;  on  the 
other,  delil>erate  creation  by  a  con.sciously  acting  govern- 
ment or  populace.  We  have  made  little  of  this  distinction 
in  this  paper  because  it  is  impossible  to  find  any  sharp  line 
of  demarcation  between  the  two  forms  of  growth.  Roth 
conscious  volitional  action  and  reliance  on  custom  play  a 
]);irt  in  the  develoi)nient  of  every  more  complicated  forma- 
tinn,  and  it  is  often  im])ossible  in  any  one  case  to  decide  on 
tlic  sharu  of  each  clement.  Tlie  main  characteristic  of  the 
deliberate  creation  of  institutions  is  probably  that  many  peo- 
ple in  deinocTatic  societies,  ])resumably  the  majority — act  to- 
gt-thiT,  and  ordain  that  wliich  seems  fitting  to  them.  But  it  is 
evident  tlial  sucli  action  itself  bases  on  an  institution  that  is 
ulliniatels   (.:    "customary"   origin;    while  we    have   shown 

[9:/'] 


Investigation  in  the  Social  Sciences.        109 

that  even  in  the  development  of  custom,  consciously  calcu- 
lating action,  though  it  may  be  only  of  a  few  people  at  a 
time,  plays  a  great  part.  The  delil)erating  action  of  the 
members  of  a  modem  political  majority  is  only  the  extension 
of  the  deliberating  action  which  was  in  early  societies  con- 
6ned  to  the  few,  and  the  results  of  which  were  passed  on  to 
the  more  passive  part  of  the  community  by  means  of  imita- 
tion. The  institution  on  the  basis  of  which  the  modern 
majority  acts,  is  similarly  only  the  outcome  of  a  customary 
formation.  A  deliberately  produced  formation,  such  as  a 
law,  has,  it  is  true,  usually  a  sharply  defined  begiiming  and 
end,  and  in  so  far  differs  from  the  customary  formation;  but, 
on  the  other  hand,  its  character  is  seen  frequently  to  ap- 
proximate that  of  the  latter,  inasmuch  as  its  results  are 
often  far  different  from  what  had  been  planned  by  those  who 
took  part  in  its  creation. 

This  is  not  the  place  to  carry  out  in  detail  these  considera- 
tions; but  it  has  been  made  suflSciently  clear  how  such 
changes  in  form  of  the  social  interactions  and  relationships 
of  men  must  be  explained.  The  elements  of  explanation 
must  all  be  based  on  the  characteristics  of  the  minds  of  indi- 
vidual men.  Individuals  acting  with  reference  to  their  total 
environment,  their  knowledge  of  men,  and  nattire,  and 
.social  organization,  furnish  us  the  materials  from  which  we 
can  build  up  the  genetic  interpretation  of  society.  Not  that 
the  student  of  society  aims  primarily  to  determine  how  these 
changes  of  character  in  the  individual  are  produced.  That  is 
clearly  the  affair  of  the  psychologist.  The  sociologist  assumes 
rather  such  changes  as  facts  through  the  aid  of  which  he  will 
be  enabled  to  explain  the  changing  character  of  social  life.* 

*  These  considerations  make  it  clear  why  it  is  that  the  emphaaU  throuirlMMit 
this  paper  has  been  on  the  importance  of  the  indiTldual  man's  charmcteristics  fbr 
the  understanding:  of  society,  rather  than  tnct  mtm.  The  whole  of  the  pheaome— 
which  we  have  had  under  discussion  could  have  heen  approached  eqwdly  wdl 
from  the  other  point  of  view,  in  which  the  centre  of  interest  la  the  iadhrldiMl,  avd 
society  is  considered  only  in  so  far  as  it  is  an  important  part  of  the  environment 
nllecting  its  growth.  Such  a  point  of  view  is  however  taken,  as  has  already  been 
ndd,  rather  by  the  ps>cholofl^st  and  the  moralist,  than  by  the  student  of  society. 

[937] 


no  AnnaIvS  of  the  American  Academy. 

Let  us  pass  now  to  an  equally  brief  consideration  of  the 
elements  of  investigation  as  they  are  combined  for  the  expla- 
nation of  some  of  the  static  problems  of  society. 

Static  theories  are  conceivable  which  concern  themselves 
with  almost  any  social  formation  and  in  almost  any  stage  of 
society.  Besides  theories  of  the  development  of  language 
and  the  marriage  institution,  of  the  state  and  of  legal  enact- 
ments, we  may  have  theories  of  the  processes  that  go  on  in 
any  given  society  between  the  different  individuals  acting 
with  reference  to  the  given  formation.  So  a  theory  of  thought 
and  its  communication  between  individuals  recognizing  the 
same  language-formation  is  possible.  The  static  theory  of 
marriage  would  trace  the  effects  of  the  existence  of  the  mar- 
riage laws  and  customs  on  the  actions  of  individuals,  both 
married  and  unmarried,  taking  into  account  at  the  same 
time  the  physiological  characteristics  of  the  individuals  and 
the  climatic  conditions  under  which  they  lived,  and  also  the 
existence  of  the  other  social  formations  of  the  same  society. 

Undoubtedly  the  most  important  static  theories  are  those 
of  modem  industrial  activities.  They  have  concern  with 
the  relationships  of  men,  acting  partially  under  the  influence 
of  custom,  partially  by  means  of  careful  calculations  of  incre- 
ments of  pleasure  and  pain;  these  actions  taking  place  under 
definite  geographical  and  climatic  conditions,  and  with  refer- 
ence to  definite  industrial  formations.  Some  of  these  forma- 
tions have  been  already  enumerated.  They  include  organized 
markets,  credit,  currency  and  banking  systems,  exchange 
and  the  transportation  system,  and  business  law.  In  addi- 
tion to  these  and  many  other  strictly  industrial  formations, 
the  wide  extent  and  complexity  of  our  economic  activities 
require  us  to  take  into  account  nearly  all  of  the  more  im- 
portant social  formations.  It  is  sufficiently  evident  how 
much  a  man's  industrial  life  is  affected  by  the  existence  of 
the  state,  even  where  it  does  not  primarily  conserve  eco- 
nomic ends;  or  by  his  desire  to  found  a  family  or  to  conform 
to  some  class  spirit  or  to  some  demand  of  fashion  or  of  his 

[938] 


Investigation  in  the  Social  Sciences.        m 

**set  "  in  society,  simply  for  social  reasons  and  where  the 
practice  itself  has  no  attraction  for  him. 

It  is  evident  that  theories  built  up  from  these  elements  will 
have  validity  only  in  the  specific  societies  or  countries  in 
which  the  particular  premises  used  are  found.  They  will 
make  no  pretence  of  **  perpetualism  **  or  "cosmopolitanism.** 
No  theories  of  political  economy,  however  general  or  uni- 
versal they  may  have  claimed  to  be,  have  been  constructed 
without  reference  to  specific  industrial  formations.  The 
**  absolutism  "  can  consist  only  in  choosing  as  premises  such 
formations  as  are  common  to  as  many  societies  as  possible; 
and  in  so  doing  the  theory  evidently  moves  far  away  from 
the  actual  conditions  of  any  one  society. 

The  phenomena  of  market  values  furnish  material  for  one 
of  the  main  static  theories  of  industrial  society.  The  theo- 
ries advanced  in  their  explanation  base,  in  accordance  with 
what  has  just  been  said,  on  the  existent  industrial  forma- 
tions. Each  industrial  member  of  society  takes  these  forma- 
tions consciously  into  account,  especially  when  he  seeks  to 
change  or  better  his  condition,  and  he  determines  his  action 
with  reference  to  them.  The  specific  wants  of  the  commu- 
nity can  be  estimated  by  the  business  man  and  taken  into 
account  in  much  the  same  way. 

On  the  side  of  the  consumer,  the  goods  he  desires  are  deter- 
mined partly  by  custom,  partly  by  his  conscious  estimation 
of  utilities;  these  factors  both  being  modified  to  some  extent 
by  the  amount  he  is  able  to  expend.  On  the  side  of  the 
entrepreneur,  conscious  calculations  have  largely  replaced 
customarj'  production.  The  probable  wants  of  the  con- 
sumers are  estimated  in  connection  with  the  possibilities  of 
supply  imder  the  given  physical  condition  of  the  territor>*, 
and  in  connection  with  the  probable  supply  from  other  pro- 
ducers of  the  same  good.  On  the  side  of  the  laborers  custom 
and  calculation  play  very  unequal  parts  in  the  different 
countries  and  in  the  different  branches  of  production.  While 
custom  leads  to  a  condition  in  which  many  individuals  can 

[939] 


112  Annaxs  of  the  American  Academy. 

be  lumped  together,  so  to  speak,  and  treated  as  a  whole  for 
the  purpose  in  hand,  calculation  leads  more  often  to  similar 
types  of  action  in  many  individuals,  and  so  results  in  com- 
petition. How  ever  far  freedom  of  competition  may  have 
advanced  in  modern  society,  it  is  very  clear  that  a  very 
great  part  of  the  activities  of  men  in  society  still  rests  on 
custom,  as  well  in  the  industrial  field  as  in  other  departments 
of  social  life,  and  that  the  conscious  calculus  of  pleasures 
and  pains  is  by  no  means  the  only  thing  to  consider  in  the 
interpretation  of  these  activities. 

It  is  by  these  elements  as  above  described,  combined  with 
many  other  less  important  ones  which  cannot  be  mentioned 
here,  that  market  valuations  and  prices  are  produced  in  the 
advanced  modern  society.* 

All  the  illustrations  of  the  synthesis  of  the  difierent  social 
elements,  which  have  thus  far  been  given,  deal,  it  will  be 
noticed,  with  the  phenomena  that  take  place  inside  of  a 
social  group.  It  remains  to  indicate  that  even  in  the  inter- 
actions between  different  groups  it  is  by  no  means  necessary 
to  make  the  groups  themselves  the  units  of  investigation. 
Similar  conditions  excited  in  different  individuals  under  the 
same  stimulus  from  members  of  another  group,  imitation  of 
these  feelings  through  sympathy,  and  the  transfer  of  them  to 
children  and  newcomers  are  sufficient  to  account  for  the  ap- 
parent action  of  the  group  as  a  unit.  Impulse  and  custom 
and  calculation  on  the  part  of  individuals  are  the  true  ele- 
ments, not  groups  of  men.  The  same  elements  are  sufficient 
to  explain  a  popular  uprising  in  a  large  modem  state;  or  the 
declaration  of  war  by  one  state  upon  another.     In  this  last 

*  This  does  not  do  violence  to  the  fact  that  in  many  parts  of  the  world  prices  are 
Btill  themselves  matters  of  direct  custom,  in  which  case  their  discussion  would 
fall  under  the  problems  which  we  have  called  genetic  rather  than  under  the  static 
problems.  It  is  necessary  to  point  out  again  that  this  distinction  of  static  and 
genetic  problems  is  purely  one  of  convenience,  and  that  from  a  broader  point  of 
view  all  determinations  of  market  values,  implying,  as  they  do,  changes  in  the 
opinions  of  individuals,  have  a  certain  dynamic  character.  From  this  point  of 
view  all  prices  determined  under  the  sway  of  free  competition,  however  fluctuat- 
ing they  be,  arc  themselves,  as  long  as  they  last,  true  social  formations, 

[940] 


Investigation  in  the  Sociai«  Scibmcbs.        113 

case,  the  process  consists  in  the  creation  of  common  opinion 
among  the  populace  by  imitation  and  reflection  on  the  part 
of  individuals,  and  the  conscious  deliberation  by  the  mem- 
bers of  the  government  with  reference  both  to  this  public 
opinion  and  to  the  foreig^i  offending  society. 

We  see  then  that  in  all  departments  of  social  life  the  main 
elements  to  be  considered  are  the  actions  of  men  in  accord- 
ance with  custom  and  those  which  depend  on  deliberate  cal- 
culation. The  latter  must  have,  to  a  great  extent,  consdoos 
reference  to  the  objectified  customs  and  institutions  of  the 
society  in  which  the  individual  is  placed,  in  short,  to  aocial 
formations.  These  formations  are  on  the  one  side  aodal 
products  to  be  explained;  on  the  other  as  part  of  the  content 
of  knowledge  of  the  individual,  they  are  themselves  elements 
of  further  progress.  Taken  in  the  former  way,  we  may 
have  for  each  one  a  genetic  theory,  an  explanation  of  its  de- 
velopment. Wherever  taken  consciously  into  account  by  the 
individual  and  where  the  phenomena  are  important,  static 
theories  of  them  are  necessary  in  the  sense  defined  above. 
From  either  point  of  view,  by  means  of  the  formation  or  of 
a  group  of  formations,  we  are  able  to  mark  out  a  distinct 
field  for  a  separate  social  science.  Such  a  science  will  not  be 
an  abstract  science  of  the  nature  of  the  pure  economics, 
about  which  much  has  been  said  recently;  nor  on  the  other 
hand  will  it  be  merely  a  descriptive  science  of  social  pro- 
ducts. It  will  be  in  the  fullest  sense  explanatory  through 
a  synthesis  of  the  social  elements  which  are  grounded  ulti- 
mately in  psychology.  It  is  only  through  the  combined 
results  of  many  such  sciences  that  we  will  succeed  in  ad- 
vancing on  the  one  side  to  a  better  art  of  social  control,  oo 
the  other,  to  a  more  perfect  social  philosophy;  two  goals 
which  are  in  truth  much  the  same,  looking  but  the  opposite 
ways  along  the  stream  of  time. 

Arthur  F.  Bsktlby. 

J»kn$  Hophin*  UniPtr^, 


BRIEFER  COMMUNICATIONS. 


THE    REI^ATION   OF   ABSTRACT    TO    CONCRETE    SCIENCES. 

So  many  new  and  interesting  questions  are  injected  into  our  dis- 
cussion by  Professor  Giddings'  note  on  "  Sociology  and  the  Abstract 
Sciences  "  in  the  March  number  of  the  Annai^,  that  it  is  not  easy  to 
determine  at  just  what  points  to  prolong  the  controversy.  After  some 
consideration  I  have  concluded  to  pass  by,  for  the  present,  the  older 
problems  upon  which  I  have  already  expressed  my  opinion  and  to 
turn  at  once  to  the  most  important  of  the  new  problems  suggested. 
In  this  way  the  attention  of  the  reader  may  be  economized  and  the 
discussion  itself  guided  into  an  even  more  fruitful  channel  than  it  has 
yet  followed. 

When  I  first  saw  Professor  Giddings'  plan  for  a  double  classifica- 
tion of  the  sciences,  it  pleased  me  very  much.  I  thought  that  with 
its  use  many  of  the  differences  between  the  deductive  and  descriptive 
methods  of  studying  the  social  sciences  might  be  made  plain  ;  in  cases 
where  agreement  is  impossible  we  might,  at  least,  understand  one 
another  and  locate  the  source  of  the  disagreement.  But,  since  he  has 
explained  his  plan  more  fully,  I  think  that  for  the  present,  at  least, 
it  has  added  to  the  sources  of  confusion  rather  than  helped  to  clear 
them  up. 

The  new  difficulty  comes  from  the  way  in  which  Professor  Giddings 
separates  the  abstract  from  the  concrete  sciences.  He  uses  "abstract" 
and  "hypothetical  "  as  though  they  were  convertible  terms,  and  then 
uses  "phenomenal"  and  "concrete"  in  a  like  manner.  To  my 
mind,  the  contrast  between  hypothetical  and  phenomenal  is  not  the 
same  as  that  between  abstract  and  concrete.  The  first  contrast  implies 
simply  that  the  ultimate  units  of  certain  sciences  are  not  matters  of 
experience,  while  in  other  sciences  the  ultimate  units  can  be  seen  or 
felt.  In  an  abstract  science,  however,  the  ultimate  units  may  be  mat- 
ters of  experience,  but  some  of  the  qualities  of  these  units  are  con- 
sidered by  themselves  to  the  exclusion  of  other  qualities.  In  a 
concrete  science  all  the  qualities  of  the  unit  are  valued  alike  and  are 
supposed  to  have  some  influence  upon  the  effects  which  the  activity 
of  the  unit  produces.  Or,  to  put  the  case  in  another  way,  an  abstract 
science  tries  to  determine  effects  through  a  knowledge  of  the  causes 
■which  produce  them.  A  concrete  science  reverses  this  process  and 
tries  to  learn  of  causes  through  their  effects. 

[942] 


Abstract  and  Concrbtb  Scibncbs.  115 

A  hypotheUcal  science  must  bcabstiBct.  but  an  abstract  adcncc  need 
not  be  hypothetical,  in  the  sense  in  which  "hypothetical"  ia  the 
term  opposed  to  "phenomenal."  The  term  "hypothetical"  ^•^ 
however,  a  place  in  abstract  sciences,  because  the  condnikMia  derived 
from  abstract  reasoning  are  hypothetical.  Some  sdenoee,  physics  for 
example,  have  hypothetical  premises ;  others,  like  economics,  have 
hypothetical  conclusions.  If  we  use  the  term  "  hypothetical "  to  des- 
ignate those  sciences  with  hypothetical  premises,  the  number  and 
extent  of  such  sciences  are  more  limited  than  if  the  term  is  so  tised 
that  all  sciences  with  hypothetical  conclusions  were  included  under  it 

Professor  Giddings,  if  I  undersUnd  him  rightly,  would  place  the 
law  of  gravitation  in  concrete  physics,  because  gravity  is  a  part  of  the 
phenomenal  world  and  does  not  depend  on  such  abstractions  as  ■***«nt^ 
centrodes,  etc. ;  yet,  no  other  law  stands  so  fully  as  a  model  for  ab- 
stract thinking.  Abstract  economics  has  been  based  on  the  thought 
that  its  reasoning  should  conform  to  the  standard  which  this  law  has 
created.  If  the  law  of  gravitation  is  a  part  of  a  concrete  science,  then 
all  of  pure  economics  is  a  concrete  science.  The  law  of  utility  is  the 
most  abstract  part  of  economics,  and  yet  utility  is  a  phenomenon.  It 
is  a  part  of  the  concrete  world,  and  not  like  atoms,  a  matter  of  hypo- 
thesis. 

In  an  abstract  science,  certain  phenomena  are  studied  first,  and 
then  certain  facts  are  predicated  of  other  phenomena,  of  which  no 
inductive  study  has  been  made.  A  study  of  utilities,  for  example, 
shows  that  they  differ  in  intensity,  and  can,  therefore,  be  arranged 
in  a  definite  order.  From  a  knowledge  of  these  facts,  certain  conclu* 
dons  can  be  drawn  as  to  the  value  of  the  objects  which  afford  these 
utilities.  With  a  supply  of  five  apples,  the  value  of  each  apple  cannot 
be  greater  or  less  than  the  utility  of  the  fifth  apple.  We  draw  this 
eonclusion  about  value,  although  it  was  not  a  part  of  the  original 
investigation  ;  it  is  studied  in  the  end  only  to  verify  the  dednctioof 
which  were  made  of  it  from  the  study  of  the  phenomena  of  utility. 
In  a  concrete  science,  however,  all  the  facts  of  a  given  class  are  dis- 
covered, and  then  an  attempt  is  made  to  so  arrange  them  that  they 
will  give  additional  knowledge  about  themselves.  No  attempt  is  made 
to  predicate  facU  about  phenomena  not  under  investigation,  as  wonld 
be  done  in  abstract  sciences.  Sciences  may,  therefore,  be  rissrified 
according  to  the  character  of  their  premises,  or  according  to  the  char- 
acter of  their  conclusions.  The  fint  classification  is  of  no  value  in 
the  social  sciences,  because  all  their  data  belong  to  the  phenomenal 
world. 

Professor  Giddings*  classification  is  based  primarily  on  the  history 
of  the  development  of  the  physical  sciences  and  overlooks  the  different 

[943] 


ii6  Annaxs  of  the  American  Academy. 

character  of  the  phenomena  with  which  we  have  to  do  in  the  social 
and  vital  sciences.  In  the  latter,  a  three-fold  division  of  the  sciences 
is  better  than  a  two-fold  one.  Besides  the  concrete  and  abstract 
sciences,  we  have  a  series  of  comparative  sciences.  In  any  field  where 
the  evolutionary  processes  have  been  at  work  for  a  long  time,  not  only 
is  there  a  large  number  of  concrete  types  and  forms  to  be  studied, 
but  also  these  types  and  forms  must  be  arranged  in  a  series  ;  their  gen- 
eral principles  studied,  and  certain  deductions  drawn  from  the  premises 
thus  obtained.  Natural  history  and  botany  are  instances  of  sciences 
dealing  with  certain  concrete  forms  ;  while  biology  is  really  a  compara- 
tive study  of  the  results  of  these  earlier  observations.  In  the  same 
group  of  sciences  as  biology  are  comparative  philology;  comparative 
religion;  ethics,  in  its  usual  sense  ;  politics,  when  a  study  of  compara- 
tive institutions ;  and  political  economy,  as  investigated  by  the  historical 
school.  The  abstract  social  sciences  lie  back  of  this  group  of  com- 
parative sciences,  and  get  their  premises  largely  from  physical 
geography,  psychology,  and  biology,  that  is,  from  fields  not  strictly 
within  the  realm  of  social  science. 

If  this  three-fold  classification  is  adopted,  a  concrete  social  science 
will  have  a  more  limited  field  than  do  the  concrete  physical  sciences 
in  a  two-fold  division.  In  any  case,  this  diflference  in  classification  will 
help  to  show  the  cause  of  the  differences  of  opinion  between  Professor 
Giddings  and  myself.  I  agree  with  Professor  Small  rather  than  with 
him  as  to  what  field  sociology,  as  a  concrete  science,  should  occupy. 
The  two  fields,  however,  are  so  distinct  that  they  should  have  different 
names. 

Professor  Giddings  is  constantly  asserting  that  sociology  is  a  concrete 
science,  and  yet  in  all  his  examples  of  sociological  reasoning  he  has 
used  the  abstract  method.  If  I  am  abstract  in  studying  utility  and 
making  from  this  study  predicates  about  economic  facts,  he  is  abstract 
when  he  studies  imitation  and  draws  thence  conclusions  about 
society.  Imitation,  in  the  sense  in  which  he  uses  it,  is  as  abstract  as 
utility,  and  they  must  both  be  studied  by  the  same  method.  He  also 
assmnes  that  if  imitation  came  earlier  than  the  thought  of  marginal 
utility,  it  proves  that  marginal  utility  depends  upon  social  relations. 
He  thus  defines  society  as  though  its  only  characteristic  was  the 
phenomenon  of  imitation.  If  this  be  true,  then  the  study  of  society 
is  an  abstract  science.  It  would  be  what  he  calls  ethics,  and  what  I 
call  the  theory  of  social  forces. 

To  me  society  is  a  concrete  reality,  and  not  an  abstract  concept.  The 
social  elements  or  forces,  of  which  there  are  many,  must  blend  into  a 
concrete  unit  to  make  society  possible.  No  one  of  these  elements,  like 
imitation,  can  be  taken  as  an  index  of  the  presence  of  a  society, 

[944] 


Abstract  and  Concrbtb  Sciencbs.  117 

without  having  the  study  of  society  changed  into  a  study  of  the  forces 
which  create  society,  and  of  the  order  in  which  they  arise.  I  have  not 
claimed  that  the  phenomenon  of  marginal  utility  precedes  all  the 
social  forces.  Many  of  these  forces  appear  in  isolated  forms  long 
before  a  concrete  society  appeara.  I  contend  that  the  thought  of 
marginal  utility  precedes  the  formation  of  concrete  societies  whose 
phenomena,  according  to  Professor  Giddings,  form  the  subject-matter 
of  the  science  of  sociology. 

I  do  not  ask  for  a  better  proof  of  the  (act  that  Professor  Giddiafs 
confuses  the  problems  of  an  abstract  and  those  of  a  concrete  scienoe, 
than  is  given  in  his  paper.  While  wishing  to  have  sociology  rank  as  a 
concrete  science  of  a  descriptive  and  historical  character,  he  iVa inra  to 
define  a  society  in  terms  of  imitation  only,  so  as  to  carry  on  a  discus 
sion  about  the  relation  of  marginal  utility  to  imitation.  This,  to  my 
mind,  violates  the  first  principle  of  a  concrete  discussion.  If  he  wants 
to  show  that  the  thought  of  marginal  utility  comes  subsequently  to  the 
formation  of  concrete  societies,  he  should  prove  his  thesis  by  present- 
ing historical  and  descriptive  matter  supporting  his  claim.  To  discuss 
imitation,  identity  of  kind,  s>iupathy,  and  similar  abstract  concepts, 
carries  him  into  the  abstract  science  he  calls  ethics,  and  away  from  all 
forms  of  concrete  society.  Both  ethics  and  sociology  are  fields  worthy 
of  investigation ;  but  they  are  different  sciences  and  use  different 
methods  of  research.  Sociologists  must  be  cooacioaa  when  they  pass 
from  the  one  field  to  the  other  before  they  can  do  good  work,  or  make 
their  meaning  clear  to  other  students  of  social  phenomena. 

I  do  not  think  that  tlie  issue  between  Professor  Giddings  and  myself 
depends  upon  whether  or  not  "a  consciously  hostile  conflict  for  food 
among  creatures  of  a  like  kind,  is  antecedent  to  a  consdooaneas  of 
identity  or  likeness  of  kind  and  its  accompanying  phenomeaa  of 
imitation."  I  have  contended  that  marginal  utility  does  not  depend 
on  imitation  even  though  it  comes  later  in  time.  I  hmrt  made  no 
point  about  the  order  of  marginal  utility  and  imitation  ;  I  have  said 
merely  that  the  thought  of  marginal  utility  precedes  society  and  sodal 
relations,  as  I  understand  these  terms.  Professor  Giddings  braqght  op 
the  question  of  the  relation  between  marginal  utility  and  imitation,  t^ 
bis  assumption  that  the  latter  phenomenon  was  the  index  of  the  ex- 
istence of  a  society  among  groups  where  such  acts  are  common. 

Nor  does  the  issue  between  Professor  Giddings  and  myself  depend 
upon  whether  "  imitotion  is  older  thsn  conflict  among  creatures  of 
the  same  kind.*'  My  point  is  that  the  instincU  that  lead  to  oonflict 
are  older  than  the  social  instincts.  When  I  used  UngnagewUch 
implied  that  the  original  form  of  conflict  was  between  the  mcmben 
of  a  society,  I  thought  that  Professor  Giddings  meant  to  inclnda  tte 

[945] 


ii8  Annai^s  of  ths  American  Acadkmy. 

phenomenon  of  hostile  conflict  among  social  phenomena.  I  sup- 
posed that  the  spider  and  the  fly  were  to  be  regarded  as  members  of  a 
society  because  they  have  definite  relations  with  one  another,  and 
influence  each  other's  conduct.  Afterward  Professor  Giddings  de- 
nied that  he  meant  to  include  such  relations  among  social  phenom- 
ena, and  I  agree  with  him  in  limiting  social  relations  to  those 
existing  between  beings  of  a  kind.  This  limitation  of  the  meaning 
of  "  association  "  and  "society"  excludes  the  phenomena  of  hostile 
contact  between  creatures  of  different  kinds  from  social  phenomena  ; 
but  it  does  not  diminish  their  importance  nor  weaken  the  proof  of 
the  fact  that  hostile  contact  comes  earlier  than  friendly  contact. 

The  growing  intensity  of  initial  utilities  is,  as  I  have  shown,  the 
outcome  of  this  hostile  conflict  between  creatures  of  diffierent  kinds. 
The  one  class  becomes  aggressive ;  the  other  becomes  timid.  There 
comes  to  each  class  a  group  of  instincts  corresponding  to  the  needs 
of  their  situation.  The  aggressors  seek  to  seize  objects  of  desire  and 
tQ  destroy  objects  of  pain.  Anger,  passion  and  other  instincts, 
prompted  by  the  growing  intensity  of  utilities,  spring  out  of  these 
tendencies. 

Among  the  victims  of  this  aggression,  a  group  of  defensive  instincts 
must  develop.  The  instinct  to  flee  from  hostile  objects  comes  first ; 
but  flight  must  be  well  directed,  and  to  direct  flight  in  the  best 
direction  the  instinct  of  imitation  arises.  This  instinct  gives  a  better 
protection  to  an  individual  of  this  kind  than  he  could  acquire  through 
his  own  invention.  The  necessity  for  flight  is  the  cause  of  imita- 
tion. Ivike  other  social  instincts  it  arises  not  among  the  victors  but 
among  the  vanquished. 

To  my  mind  the  presence  of  aggressive  instincts  is  a  better  index 
of  social  relations  than  is  the  phenomenon  of  imitation.  Mere  imita- 
tion creates  a  group  of  runners.  Bach  individual  seeks  to  avoid  a 
present  danger  by  doing  as  others  do.  Aggressive  or  destructive  in- 
stincts cause  the  individual  to  oppose  the  source  of  pain  and  to  try  to 
remove  or  destroy  it.  To  acquire  aggressive  instincts,  a  being  must 
have  intense  feelings  of  pleasure  and  pain,  and  by  acting  on  the 
theory  of  initial  utility  be  made  conscious  of  the  direct  opposition  of 
interests  between  himself  and  his  opponent. 

Aggressive  instincts  do  not  of  themselves  create  social  relations, 
but  they  must  exist  before  a  society  is  possible.  They  become  social 
when  they  are  directed  against  the  environment  of  a  group,  and  not 
against  its  members.  No  group  of  individuals  is  a  society  until  they 
begin  to  react  against  their  environment.  It  is  their  aggressive  in- 
stincts alone  that  lead  them  to  modify  their  environment  so  as  to  avoid 
its  evils  and  to  increase  its  utilities.     A  flock  of  blackbirds  does  not 

[946] 


Abstract  and  Concrete  Sciknchs.  119 

in  my  opinion  consUtutc  a  society.  Such  birds  imiute  one  aaoChcr 
only  to  the  extent  of  fl>'ing  together  from  the  erils  of  winter.  They 
do  not  reconstruct  their  environment  by  aggrcHive  «»«^*"«  at  do  tht 
members  of  any  true  society. 

If  true  societies  grow  up  only  among  thoae  bcioyi  who  lusm  MBW- 
aive  instincts,  it  is  a  mere  formal  victory  to  abow  that  hiJiMp  wlm  mm 
develop  into  societies  are  imiutive  before  other  bdagi,  whodo  otti. 
mately  form  sodetiea,  have  conflicts  with  each  other.  Tho  leal  kne 
k  whether  or  not  the  ancestors  of  social  beiaga  were  boitik  belbn  tbij 
were  social.  I  contend  that  an  aggresiive  being  will  beoooe  l^i^fH  to 
one  of  his  kind  as  soon  as  he  is  conscious  of  an  oppodtioo  of  intcrcata. 
This  opposition  may  be  due  to  a  lack  of  food  or  to  a  desire  to  gratify 
the  sexual  instinct  The  vanquished  in  these  contcsU  become  imita- 
tive, and  are  forced  into  poorer  localities  where  they  acquire  other 
social  instincts  and  finally  create  a  society.  Imitation  thw  fcOowa 
conflict  among  creatures  who  become  social  although  it  may  precede 
conflict  among  those  creatures  who  never  develop  into  a  sodety. 

I  think  that  Professor  Giddings  misinterprets  the  lacts  he  pieeeats 
about  amoebae  and  other  low  forms  of  life,  and  thns  draws  wrong  con« 
elusions  about  the  origin  of  social  feelings.  Soch  a  creature,  as 
Professor  Giddings  says,  learns  by  the  contact  of  one  part  of  his  body 
with  another  to  associate  a  certain  touch  with  itself,  and  because  of 
this  feeling  the  one  part  does  not  try  to  absorb  the  other  as  it  would 
foreign  bodies  fitted  for  food.  When  it  touches  another  creature  of  the 
same  kind,  Professor  Giddings  assumes  that  it  reoogidaes  that  it  is  in 
contact  with  another  being  of  the  same  kind,  and  becaase  of  this  fact 
refuses  to  absorb  it.  I  think,  however,  that  it  mlttakei  thit  other 
creature  for  a  part  of  itself  and  refuses  to  absorb  it  for  the  ttme  ttmom 
that  it  refused  to  make  food  of  one  of  its  own  parts.  It  is  a  case  of 
mistaken  identity  due  to  a  lack  of  development  The  act  is  a  part  of 
an  individual  instinct  to  save  itself  from  psin,  and  throws  no  light  oa 
the  order  in  which  social  and  individual  feelings  develop.  It  ia  mh  to 
a£Brm  that  the  feeling  of  identity  of  kind  docs  not  arise,  oatil  the 
individual  instincts,  which  enable  a  creature  to  judge  of  its  eaviroo* 
ment  and  of  iu  relations  to  hostile  creaturea,  are  well  developed.  Its 
pleasures  come  from  its  environment  end  its  pains  ftoni  iti  9mtmim» 
They  must  receive  the  first  attention  of  any  oentare^  and  the  iMliBela 
upon  which  it  acts  must  be  individual  until  other  Cfeetnres  of  the  anto 
kind  can  be  of  some  aid  in  the  struggle  for  eikteira 

Professor  Giddings  complains  because  I  did  not  anawer  Ut  queidoa 
as  to  how  "an  isolated  indhridual  too  intanady  cooidoni  of  bdtial 
utility  to  perceive  any  lesser  degrees  beeooMi  awart  of  matgfaal  utility 
and  concludes  to  be  sociable. "    I  did  not  aiwwn  thb  qneatfoa 

[947I 


I20         AnnaIvS  of  thb  American  Academy. 

I  did  not  make  any  statement  upon  which  such  a  question  could  be 
based.  In  my  first  communication,  I  emphasized  the  fact  that  an  un- 
social being  enjoys  ' '  every  possible  degree  of  utility, "  but  **  there  is  no 
comparison  of  the  successive  states  of  feeling,  and  hence  their  relations 
to  one  another  have  no  influence"  on  his  conduct.  I  have  not,  there- 
fore, to  account  for  the  acquisition  of  the  power  to  perceive  lesser 
degrees  of  utility,  but  for  the  acquisition  of  the  power  of  contrasting 
and  comparing  these  feelings.  I,  therefore,  restated  the  question  so  as 
to  make  it  conform  to  the  statements  I  had  made. 

Although  this  answer  does  not  seem  conclusive  to  Professor  Giddings, 
I  must  in  the  main  reafifimi  it  although  it  can  be  made  more  complete. 
I  agree  with  him  when  he  says  that  the  mere  passing  from  plenty  to 
scarcity  will  not  tend  to  develop  the  power  to  contrast  and  compare 
initial  and  marginal  utilities.  The  poorer  environment  that  I  had  in 
mind  was  not  one  where  scarcity  was  a  perpetual  condition,  but  one 
where  plenty  and  scarcity  alternate.  A  period  of  plenty  destroys  the  op- 
position between  individuals  and  tends  to  develop  social  relations.  The 
period  of  scarcity  puts  them  again  in  an  attitude  of  opposition,  but  the 
memory  of  the  period  of  plenty  will  still  be  vivid  enough  to  have  some 
influence  on  conduct  during  periods  of  relative  scarcity  where  the 
demand  for  food  can  be  partially  but  not  wholly  satisfied.  Remember- 
ing the  plenty  of  the  past,  and  hoping  for  a  new  period  of  plenty, 
animals  will  be  more  likely  to  restrain  their  aggressive  tendencies  than 
if  their  environment  was  always  good  or  always  poor.  The  power  to 
contrast  feelings  that  arise  from  different  conditions  goes  along  with  the 
power  to  contrast  the  conditions  out  of  which  the  feelings  arise.  The 
progressive  being  is  he  who  lives  undfer  a  variety  of  conditions,  and 
must,  therefore,  acquire  the  power  to  contrast  them  and  the  feelings 
which  they  generate  in  him. 

Simon  N.  Pattbn. 

University  of  Pennsylvania. 


"SOCIAI,"   VS.    "SOCIETARY." 

As  an  expedient  for  reinforcing  the  "jargon  "  of  sociology,  I  sug- 
gest mobilization  of  the  word  "societary  "  to  relieve  the  overworked 
word  "social."  This  substitution  seems  advisable  in  view  of  the 
difficulty,  which  I  am  persuaded  is  largely  verbal,  illustrated  in  the 
difference  running  through  and  complicating  the  current  discussion  in 
the  Annai^,  between  Professor  Giddings  and  Professor  Patten,  as  to 
what  is  and  what  is  not  a  '*  social  "  science.  Professor  Patten  ap- 
pears to  assume  that  in  order  to  be  properly  called  "  social  "  a  science 
must  deal  with  associations  supposed  to  be  pervaded  by  the  spirit  of 

[948] 


"Social"  vs.  **Sociktary."  121 

goodfellowship,  kindliness,  companionablenets,  fraternity.  ProleMor 
Giddings  is  attempting  to  vindicate  the  claims  of  a  science  which 
deals  with  phenomena  embracing  all  the  variatkms  of  hostility  as  well 
as  of  fraternity  ;  but  which  seems  open  to  challenge  because  it  Appar- 
ently disregards  essential  differences  among  the  phenomena  by  apply- 
ing to  them  generically  the  irenical  designation  "social."  Profe«or 
Patten  unquestionably  has  the  support  of  etymology  and  popitlar  naage 
for  his  contention,  so  far  as  it  relates  to  the  word  *'  social  "  alone.  I 
cannot  discover,  however,  that  the  employment  of  this  tenn  by  aoctol- 
ogists  seriously  interferes  with  their  own  clearness  of  tboagfat  about  the 
coexistence  of  phenomena  of  attraction  and  of  repolaton  in  and  be- 
tween the  human  associations  indiscriminately  called  *' social*' 
groups.  Yet  it  is  becoming  evident  that  the  term  "  social  "  has  to  be 
employed  with  such  varying  shades  of  meaning,  that  it  doea  not 
afford  a  perfectly  satisfactory  means  of  con\'eying  the  predee  idea 
which  the  sociologists  attach  to  it  in  different  connectiona.  Since  the 
sociologists  must  admit  that  they  have  been  using  the  term  **  social  " 
both  in  the  popular  sense  and  M-ith  an  extended  meaning,  there  ought 
to  be  no  hesitation  about  acknowledging  that  their  language  has  in 
that  respect  been  somewhat  ambiguous.  Neither  should  there  be  any 
hesitation  about  resorting  to  terms  which  will  rednce  the  ambiguity  to 
a  minimum.  I  propose  experiment,  therefore,  with  the  word  "  socie- 
tary,"  to  determine  whether  it  may  suit  the  purpose  of  deaignatisg 
more  general  phenomena  than  those  which  are  "  social  '*  in  the  re- 
stricted sense. 

Restoration  of  the  term  "societary"  to  common  use  in  technical 
discussions  will  not  prejudice  any  of  the  questions  of  methodology  or 
classification  at  present  in  controversy.  There  are  obviously  phenom- 
ena  pertaining  to  and  characteristic  of  the  relations  of  individuals 
living  under  the  conditions  of  the  various  kinds  of  contact  consequent 
upon  occupancy  of  contiguous  or  communicating  territory.  Individ- 
uals so  conditioned,  whether  in  sjrmpathy  with  eadi  other  or  not,  or 
whatever  the  kind  or  degree  of  their  8>'mpathy.  are  not  simply  indi- 
viduals ;  they  are  perforce  members  of  a  reciprocally  limiting  associa- 
tion of  individuals,  and  as  such  they  are  modifie<l  individuals ;  Jost 
ss  neither  of  the  three  atoms  of  oxygen  in  a  molecule  of  ocone  is,  in 
that  condition,  an  atom  of  free  oxygen. 

There  may  be  etymological  objections  to  employment  of  the  noun 
'*  society  "  to  designate  groups,  or  combinations  of  groups  of  individ- 
uals, whose  contacts  with  each  other  are  not  presamed  to  be  predom- 
inantly sympathetic  ;  yet  we  call  such  reacting  individuals  "  societies  " 
generically,  without  intentionally  committing  ourselves  to  a  theory 
about  the  quality  or  the  implications  of  the  association.  The  objective 

[949] 


122  AnnaivS  of  the  American  Academy. 

fact  of  continuous  reciprocal  influence  between  individuals  determines 
our  treatment  of  them,  and  our  language  about  them,  as  a  group  or 
a  "  society."  In  any  such  "  society  "  there  are  procedures  which  we 
are  obliged  to  think  of  as  purely  individual,  while  there  are  other 
actions  which  are  as  obviously  consequent  upon  the  relation  of  asso- 
ciation or  contact.  To  these  latter  phenomena,  in  their  most  general 
characteristics,  the  term  "  societary  "  may  be  applied  without  occasion 
for  misapprehension. 

I  do  not  wish  to  intrude  upon  the  debate  between  Professor  Giddings 
and  Professor  Patten,  but  I  hope  it  will  not  be  impertinent  for  me  to 
make  their  argimient  an  occasion  for  pointing  out  that  there  are  most 
significant  phenomena  of  inter-group  relationship,  within  which  sym- 
pathy can  be  posited  only  by  the  most  questionable  a  priori  reasoning. 
All  the  sciences  of  society  have  more  or  less  to  do  with  these  phenom- 
ena. The  proposed  term  "societary  "  would  conveniently  and  appro- 
priately designate  these  phenomena,  and  it  would  be  of  service, 
regardless  of  our  hypothesis  or  of  our  ultimate  conclusion  with  reference 
to  the  essence  of  human  association.  Thus  the  evolution  of  tribes, 
races,  nations,  governments,  as  well  as  of  inferior  groups,  has  to  be 
interpreted  not  merely  by  estimate  of  reactions  within  the  groups,  but 
by  calculation  also  of  reactions  between  each  group  and  other  more  or 
less  similar  groups,  between  which  there  may  have  been  a  very  mod- 
erate minimum  of  that  "consciousness  of  their  identity  in  kind" 
which  Professor  Giddings  presupposes.  If  this  consciousness  actuated 
the  "chosen  people"  in  their  contacts  with  the  "gentiles,"  or  the 
Romans  in  their  contacts  with  **  barbarians,"  or  Turks  or  Chinese  in 
their  contacts  with  Christian  "  dogs  "  and  "swine,"  it  was  a  conscious- 
ness, the  content  of  which  must  be  classed  with  that  of  other  remote 
metaphysical  categories.  Until  comparatively  recent  times  no  com- 
patriot metaphysician  could  have  convinced  many  members  of  such 
groups  that  their  conduct  toward  the  antagonistic  group  was  rooted  in 
appreciation  of  likeness.  The  evolution  of  society  has  gone  forward 
under  conditions  of  contact  between  group  and  group  which  implicitly 
repudiate  a  large  proportion  of  the  implications  of  identity.  Yet 
these  predominantly  hostile  contacts  of  human  groups  constitute  a 
very  considerable  portion  of  the  data  in  which  we  have  to  discover  the 
forces  and  the  processes  of  the  evolution  both  of  societies  and  of 
society.  The  confessed  incongruity  and  inconvenience  of  employing 
the  sympathetic  term  "  social"  however,  for  phenomena  both  of  sym- 
pathy and  hostility,  amounts  to  a  demand  which  the  term  "  societar>'." 
seems  to  me  fitted  to  supply. 

It  was  with  reference  to  the  foregoing  distinctions  that  I  ventured 
to  substitute  for  the  formula— "  sociology  is  the  science  of  the  phe- 

[950] 


SOCIETARY."  123 

notnena  of  contract,"  the  more  widely  generalized  propocition;— 
"sociology  deals  especially  with  the  phenomena  of  contact,**  •  Thoa 
Japan  and  China,  during  the  progress  of  the  war  in  Corea,  are  fumiah- 
ing  sociological  data,  just  as  they  will  be  under  the  terms  of  theoonae- 
quent  treaty,  and  the  data  in  the  former  case  are  '*  social,"  according 
to  the  sociologists'  connotations,  just  as  much  aa  in  the  latter ;  that  ia, 
they  are  phenomena  not  of  isolated,  individual  life,  but  of  gioap  or 
societary  action  and  reaction.  The  like  is  true  of  the  American  Railway 
Association,  and  the  Association  of  General  Managera.  The  ordinary 
connotations  of  the  term  "social"  however,  are  undoubtedly  Icat 
inclusive,  and  there  is  conscious  awkwardness  and  embarxaaament  in 
discussion,  growing  out  of  the  necessity  of  frequent  transition  from 
use  of  the  term  "  social "  in  its  traditional  and  popular  tense,  to  the 
more  arbitrary  sense  which  we  have  tried  to  fix  upon  it  for  tedl* 
nical  purposes.  This  being  the  case,  I  am  convinced  that  advantage 
will  be  gained  by  substituting  the  term  '*  societary  "  in  connectiona 
which  do  not  demand  the  more  specific  term. 

This  expedient  suggested  itself  recently,  while  for  the  hundredth 
time  I  was  trying  to  invent  satisfactory  equivalents  for  the  terms 
Socialwissenschaft  and  Gesellschaftsunssenscha/t.  These  words  mean, 
to  most  writers  and  readers,  precisely  the  same  thing.  If  an  author  pre- 
fers one  of  them,  it  is  on  purely  superficial  grounds,  and  the  employ- 
ment of  both  is  merely  otatio  variata.  The  Latin  portion  of  the 
former  word  is  of  course  etymologically  restricted  precisely  as  it  is  in 
English.  It  consequently  lends  itself  to  the  same  ambiguity.  It  &res 
no  better  with  the  German  substitute  in  the  latter  word ;  and  the  ad- 
jective gesellschaftlich  is  by  derivation  and  custom  even  more  com- 
pletely devoted  to  expression  of  friendly  relations  than  are  the  Gennan 
or  English  derivatives  from  the  Latin  root  As  I  have  remarked 
above  there  is  a  clearly  distinguishable  body  of  phenomena,  however, 
which  terms  containing  connotations  of  fraternity  do  not  naturally 
comprehend.  I  fancy  that  a  few  German  writers  are  trying  to  be  con- 
sistent in  applying  one  of  the  above  terms  to  the  more  inclusive  cate- 
gory, reserving  the  other  for  the  more  special  relatioaa  chanKteiiaed 
by  friendliness,  but  I  have  discovered  no  case  of  marked  lucccM  in  the 
attempt.  At  all  events  it  seems  to  me  that  in  this  inateaoe  Bagliah 
terminology  may  adapt  itself  more  readily  than  the  German  to  ex- 
pression of  a  necessary  distinction.  Whether  we  amnme  or  not  that 
sympathetic  feelings  are  characteristic  of  aodeties  aa  ancfa,  or  that 
sympathy  is  the  cohesive  force  of  sodetiea  as  such,  we  have  to  deal 
with  societies  in  conditions  in  which  the  spirit  of  hostility  ia  more 
demonstrative  than  the  spirit  of  co-operation.     We  obvioosly  need 

*  Small  and  Vincent.    "  Introduction  to  the  Stody  of  Society."  ^  %^ 

[95O 


124  Annals  of  the  American  Academy. 

then  a  word  plainly  appropriate  to  the  phenomena  of  societies  as  such, 
without  prejudgment  of  the  content  or  quality  of  the  phenomena.  We 
have  the  word  ready  made.  Whatever  is  of  or  pertaining  to  society 
is  '  •  societary. "  The  word  stands  for  the  last  abstraction  of  the  reality 
"society,"  and  in  spite  of  its  community  of  origin  with  the  word 
which  has  become  a  cause  of  offence,  there  should  be  no  difficulty  in 
applj-ing  the  term  "societary  "so  as  to  avoid  most  of  the  ambiguity 
lurking  in  the  more  attributive  form  "  social." 

The  need  of  thus  enlarging  our  vocabulary  impressed  me  very  for- 
cibly in  connection  with  Dr.  Simmel's  latest  discussion  of  the  task  of 
sociology.*  That  paper  seems  to  me  to  contain  an  important  contri- 
bution to  societary  analysis,  although  I  should  be  sorry  if  the  name 
sociology  should  be  restricted  to  the  application  for  which  Simmel 
contends.  He  makes  it  very  clear  that  there  is  a  field  for  investigators 
for  which  I  can  find  no  more  exact  phrase  than  "societary  science," 
though  I  should  regard  it  as  unfortunate  if  the  phrase  were  restricted 
to  the  limits  which  Simmel  proposes.  To  me  the  problems  which  he 
would  include  in  this  department  of  science  present  themselves  as  a 
natural  division  of  descriptive  sociology.  The  relation  of  this  division 
to  other  groupings  of  the  subject-matter  in  closest  connection  with  it 
seems  to  me,  in  more  respects  than  one,  very  much  like  the  relation 
of  geometric  crystallography,  first  to  mineralogy  and  later  to  depart- 
ments of  knowledge  in  less  immediate  connection  with  crystallography. 
I  should  say  in  particular  that  the  same  difficulty  which  is  experienced 
in  the  case  of  crystallography  and  mineralogy  in  keeping  the  definable 
boundaries  distinct  in  practice,  would  be  encountered  in  attempting  to 
maintain  the  separate  existence  of  the  aspect  of  societary  science  which 
Simmel  would  name  sociology. 

Simmel  says :  * '  Society  in  the  broadest  sense  evidently  exists 
wherever  several  individuals  come  into  inter-relation.  From  epheme- 
ral union  for  a  promenade  to  the  intimate  unity  of  a  family  or  of  a 
mediaeval  guild,  there  are  socializations  {Vergesellscha/iungen)  of  the 
most  diverse  grades  and  kinds.  The  special  causes  and  aims  without 
which,  of  course,  societary  formation  is  never  accomplished,  constitute 
in  a  degree  the  body  or  material  of  the  associational  process.  That 
the  outcome  of  these  causes,  the  furthering  of  these  aims,  produces 
reciprocity  or  socialization  between  their  agents,  is  the  form  in  which 
these  contents  clothe  themselves ;  and  upon  the  dissociation  of  this 
form  from  these  contents,  by  means  of  scientific  abstraction,  depends 
the  whole  existence  of  a  special  GesellschaftsTvissenschafty  (Can  we 
translate  the  thought  more  accurately  than  in  the  phrase  societary  sci- 
ence?)    "This  follows  from  the  fact  that  the  same  form,  the  same 

♦  "  Das  Problem  drr  Soctologie,"  in  Schmoller's  Jahrbuch,  1894,  pp.  1301  ''  '^^ 

[952] 


"Social**  vs.  ''Sociktary. 


25 


Bpcdts  of  BodeUry  structure,  may  emerge  with  the  most  diMimiUr 
material,  for  the  most  unlike  purposes.  Thus  there  is  not  only  •  soci- 
ety '  in  the  most  general  sense,  in  the  case  of  a  religious  oonmiiiiiitj 
as  in  the  case  of  a  band  of  conspirators,  in  the  case  of  a  tnde  Offmi- 
zatiou  as  in  that  of  an  art  school,  in  a  popular  assembly  as  in  a  fidnily 
—but  further  formal  similarities  extend  to  the  special  conligiuvtioa 
and  developments  of  such  associations.  In  the  case  of  •odeCary 
groups  which  in  their  purposes  and  in  ethical  character  are  mostwlddy 
oontzasted,  we  find  for  example  the  same  forms  of  superior  and  inferior 
order,  of  competition,  of  opposition,  of  division  of  labor ;  we  find  the 
structure  of  a  hierarchy,  the  incorporation  of  the  constructive  princi- 
ples of  the  group  in  symbols,  the  division  into  parties,  the  vaiioat 
stages  of  freedom  or  bondage  of  individuals  in  relation  to  the  group, 
the  crossings  and  stratifications  of  the  groups  themselves,  definable 
forms  of  reaction  of  the  groups  against  external  influences,  etc.  AU 
this  .  .  .  is  a  realm  of  phenomena  susceptible  of  distinct  abttne* 
tion,  viz.,  the  phenomena  of  the  integration  of  aodctiet  at  tiich,  aad 
of  their  various  forms." 

The  consideration  which  I  urge  is  not  dependent  at  all  upon  agree- 
ment with  or  dissent  from  SimmePs  program  of  a  distinct  science  of 
societary  geometry  or  morphology  ;  it  does  not  stand  or  fall  with 
agreement  or  refusal  to  employ  the  term  "sociology"  in  any  proposed 
sense ;  it  does  not  require  adoption  of  any  implied  estimate  of  the 
relative  importance  of  the  phenomena  of  attraction  and  of  repulsion 
in  human  society.  It  gets  its  force  from  perception  that  the  httt 
about  society  cannot  be  thoroughly  analyzed  and  correctly  corrdated 
unless,  during  certain  parts  of  the  process,  they  be  viewed  in  their 
purely  objective  aspects,  not  as  demonstrations  of  motive  but  as  Ibms 
of  contact  between  individuals — as  societary  pheaomcBa  ia  tlic  metk 
general  sense,  distinguished  on  the  one  hand  from  phenomena  of  iao> 
lated  individual  activity,  and  on  the  other  hand  from  phenomena  of 
those  particular  orders  or  conditions  of  society  which  are  evolved  or 
preserved  by  sympathy.  Whether  we  agree  or  not  with  Simmel 
about  the  desirability  of  a  distinct  science  of  socieUry  forms,  I  sob* 
mit  that  it  is  worth  while  to  see  if  it  is  possible  to  eliminate  an 
element  of  confusion  in  discussion,  by  withdrawing  the  term  "social " 
from  use  in  cases  where  it  is  unnecessary  for  the  purposes  of  the 
argument  to  predicate  conscious  and  positive  tjrmpatby  aa  an  tlaoMBt 
in  the  phenomena,  and  by  snbstitnting  the  kM  aqnivocal  tetai 
"socieUry." 

ALnoN  W.  Small. 

Vmivtrtity  of  Ckiccge. 


PERSONAL  NOTES. 


AMERICA. 

Boston  University. — Dr.  Foy  Spencer  Baldwin  has  been  elected 
Assistant  Professor  of  Political  Economy  and  Social  Science  at  Boston 
rnivcrsity.  Professor  Baldwin  was  born  at  Charlotte,  T^Iich.,  July 
6,  1S70.  He  obtained  his  early  education  at  the  public  schools  in 
M;iinc  and  the  Brunswick  Academy,  South  Brunswick,  Me.  In  1884 
he  entered  Boston  University  and  graduated  in  1888  with  the  degree 
of  A.  15.  P^or  a  year  after  graduation  he  was  assistant  editor  of  the 
l't'y>Honf  H'alch})ian  of  ISIontpelier.  The  next  two  years  he  taught  in 
St.  Puke's  School,  Philadelphia.  During  1891-92  he  was  Instructor 
in  P'nglish  at  Boston  University.  He  was  then  appointed  Jacob 
Sleejter  P'ellow  and  went  to  Gennany  to  study  under  Schmoller  at 
Berlin,  and  under  Brentano  at  Munich.  In  July,  1894,  he  received  the 
degree  f)f  R.  P.  D.  isiDHnia  cu>n  /aiidr)  from  the  University  of  Munich, 
having  received  in  June  the  degree  of  Ph.  D.  from  Boston  I'uiversity. 
During  tlie  past  year  he  has  been  Instructor  in  History  and  Political 
pA'oiiomy  at  the  Norwich  P'ree  Academy,  Norwich,  Conn. 

Professor  Baldwin  has  written  : 

"/->/>  An/dfiirc  dcr  cnglischen  Bofrwcrksgesclzi^cbung.'"  Pp.46. 
Stuttgart.  1S94. 

"  Pic  rnglischr?!  Br} g:ct'r/c sgcsrt ::e  ;  ihre  Ccschichti'  z^on  i/nrn 
AnfiDigcn  bis  zur  (icgcnwart.'''      Pp.  258.     vStuttgart,  1894. 

Chicago. — Dr.   I'.lgin    R.  P.  (Tonld  has  been  aj^jjointed  Professor  of 

S;  iti^ii(-s  ;it  the  Universi.ty  of  ChiiMgo.  He  was  ])()rn  August  15,  i860, 
.'it  <)sli,i\\,i,  Ont.'irio.  Cana<la,  and  received  his  earl\-  e<lucation  at 
ho!::^-.  He  .'ittendrd  the  X'ietori.i  Uni\-ersity,  Co1)()urg.  (now  at 
'I'MiMiit,,^  I  wlien-  in  iSSi  lu-  rciH-ivi-fl  the  dcgn-r  of  .\.  H.  He  then 
•n'>r.il  .it  Johns  Hojjkins  Uni\i-rNit\-  for  gradu.iti,-  stndv,  where  ill 
!'-  ',  lie  srcnird  the  di-gm-  of  I'll.  D.,  bis  studies  having  been  intei- 
r-.:;/  M  fcr  .1  1inic1)\'.i  M-rioiis  illness.  During  tlu-  years  1SS4-7  Dr. 
<'."•.;'.  i  Wis  iii-trnctor  in  eli.irgr  of  the  Dep.iitnient  of  History  and 
I'o1:!i(m1  i:(on<.!nv  in  tlu-  Washington  (D.  C.)  High  School.  In  1885 
h<-  <-.,i;.lnci,-l  ,111  otiici.d  iiKpiiry  in  lU-lgium  and  (k-rmany  for  the 
D(;.,T'!n.  Ill  o!  p.ibor.  aii.l  in  1SS7  1)r(-ame  ])crmanently  connected 
wit!i  '■;;.■  d'pirtinrnt  is  ;i  statistical  exjjert.  He  has  been  especially 
identiiied  wiih  tin-  work  of  t]i,.  drpartment  abroad,  luiving  spent  four 

[9.S4] 


Pbrsonal  Notes.  127 

years  there  in  prosecuting  various  inquiries.  In  1887-8  Dr.  Gould 
was  Reader  in  Social  Statistics  at  the  Johns  Hopkins  Univenity,  where 
since  1893  he  has  held  the  post  of  Resident  Lecturer  on  Social  Econo- 
mics and  SUtistics.  He  has  represented  the  United  SUtes  Govern- 
ment at  various  international  congresses,  and  is  a  member  of  w^wirmic 
and  statistical  societies  at  home  and  abroad,  notably  the  InteraiHonal 
SUtistical  Institute,  Soci^t^  d'j^conomie  politique  de  Plaria,  the 
American  Academy  of  Political  and  Sodal  Sdence,  and  the  Americaa 
Statistical  Association,  of  which  he  is  the  corresponding  tecretary. 

Dr.  Gould's  writings  include  : 

**Mo<Um  Mataialism.**    New  England  Review,  July,  188a. 

**  Local  Government  in  Pennsylvania.'*  Johns  Hopkins  Stndici. 
Scries  I,  Vol.  3.     Pp.  20.     1883. 

••  Mining  Laws  of  the  United  States  "  (in  *'  Mineral  Resources  of 
the  United  States,  published  by  United  SUtes  Geological  Survey  "). 
Pp.  80.     1S86. 

''Park  Areas  and  Open  Spaces  in  European  and  Atnerican  Ciii^.** 
Publications  of  American  SUtistical  Association.  Vol.  I.  Pp.  n.    1888. 

''American  Municipal  Hygiene  in  Relation  to  the  Housing  of 
Labor.**  Proceedings  International  Congress  of  Hygiene  and  Demo- 
graphy.   Vol.  XII.     Pp.  16.    London,  1891. 

"  The  Progress  of  Labor  Statistics  in  the  UniUd  StaUs.**  Bulletin 
de  rinstitut  international  de  statistique. 

•'  The  Value  of  Labor  Statistics:*    Report  of  Royal 
on  Labor.     London,  1892. 

'•  The  Social  Condition  of  Labor.**  Johns  Hopkins  SbkHeiL 
Scries  XI,  Vol.  I.     Pp.  42.     1893. 

••  The  Gothenburg  System  of  Liquor  TtaffU.**  Special  Report  of 
United  States  Department  of  Labor.     Pp.  253.     Washington.  1893. 

"  The  Gothenburg  System  in  America.**  AtUnUc  Monthly.  Octo- 
ber,  1893. 

"  European  Bureaus  of  Labor  Statistics.**   Ya:e  Review,  Febrtury, 

1894. 

••  The  Gothenburg  Systetn  and  Our  Liqmor  T^JIeV  Ponan, 
March,  1894. 

"How   Baltimore    Banished    Tramps   and   Helped  the   Idie.** 

Forum,  June,  1894. 

••  The  Temperance  Problem,  Put  and  Future.**  Forum.  Novem- 
ber, 1894. 

"Social  Improvement  of  Industrial  Labor.**    Engineering  Mag»> 

zinc,  December,  1894. 

••  Industnal  Conciliation  and  Arbitration  in  Emeope  mmd  Austra- 
lasia.**    Yale  Review.  February,  1895. 

[955I 


128  Annai^  of  the  American  Academy. 

''Popular  Control  of  the  Liquor  Traffic,''    Pp.  102.     Baltimore, 

1895. 

"  Housing  of  Working  People''  Special  Report  of  the  United 
States  Department  of  Labor.     (In  Press.)     Pp.  500. 

Columbia. — Professor  John  B.  Clark*  will  assume,  July  i,  1895,  the 
duties  of  Professor  of  Political  Economy  at  Columbia  College.  To 
the  list  of  Professor  Clark's  writings  already  published  should  be 
added  : 

**  The  Genesis  of  Capital."   Yale  Review,  November,  1893. 

''A  Universal  Law  of  Economic  Variation."  Quarterly  Journal  of 
Economics,  April,  1894. 

**  The  Modem  Appeal  to  Legal  Forces  in  Economic  Life."  Pub- 
lications of  American  Economic  Association,  Vol.  X,  Nos.  5  and  6. 
(In  Press.) 

'' The  Origin  of  Interest."  Quarterly  Journal  of  Economics.  April 
1895. 

AUSTRIA. 

Prague.— Dr.  Robert  Zuckerkandl  has  recently  been  appointed  ex- 
traordinary Professor  of  Political  Economy  at  the  German  University 
at  Prague.  He  was  bom  December  3,  1856,  at  Raab  (Hungary),  and 
received  his  early  education  at  a  gymnasium  in  Budapesth.  From 
1874  to  1878  he  studied  in  the  University  of  Vienna,  where  in  1879  he 
received  the  degree  of  Doctor  juris.  In  1886  he  became  Privat  Docent 
for  Political  Economy  at  the  University  of  Vienna,  and  was  chosen  in 
1890  a  member  of  the  official  examining  board  in  the  political  sciences. 
Professor  Zuckerkandl's  works  include  : 

**  Zur  Theorie  des  Preises,  mil  besonderer  Berticksichtigung  det 
geschichtlichen  Entwickelung  der  Lehre."     Leipzig,   1889.     Pp.  384. 

''Das  neue  oesterreichische  Anerbenrecht."  Conrad's  Jahrbiicher 
N.  F.  Vol.  XIX.     1889. 

"fohann  August  Schlettwein."    Allg.  deutsche  Biographie. 

"  Die klassische  Werththeorie  und  die  Iheorie  vom  Grenznutzen," 
Conrad's  Jahrbucher,  N.  F.  Vol.  XXI.     1890. 

"A.  Marshall's  Principles  of  Economics."    Ibid.,  1891. 

*' Litteratur zur oesterreichischen  Wdhrungsfrage."     Ibid.,  1892. 

"  Beitrag  zur  Dogmengeschichte  der  Schutzzollidee."  Zeitschrift. 
f  iir  Volkswirthschaft,  etc.     1892. 

"  Die  indische  Wdhrungsanderung.     Ibid.,  1894. 

**  Die  bimetallistische  Bewegung  in  England."  Conrad's  Jahrbiicher. 
1893. 

•See  Annals,  vol.  i.  p.  291,  vol.  ill.  p.  235,  and  vol.  iv.  p.  165. 

[956] 


Pbrsonai«  Notes.  ij9 

And  the  articles,  *'Allgeftuin€  Theorie  des  Prtius**  and  **SfmH' 
stiscfu  Bestimmung  des  Prtisniveaus  "  in  Conrad's  Handwurterboch. 

GB&iiAinr. 

Qbttingen.— Dr.  George  Hanssen,  emeritus  professor  at  the  UniTcr- 
sity  of  Gottingen,  died  in  the  latter  part  of  1894. 

He  was  bom  July  31,  1809,  at  Hamburg,  where  he  received  his  early 
education.  In  1827  he  entered  the  University  of  Heidelberg  as  a 
student  of  law  and  political  science,  where  he  came  under  the  influ- 
ence of  Ran.  He  studied  later  at  Kiel  where,  in  1 831,  he  secured  his 
doctor's  degree.  In  1834  he  went  to  Copenhagen  where  he  was  em- 
ployed as  secretary  in  the  German  division  of  the  administration  of 
taxes  and  commerce.  In  1837  he  became  ordinary  Professor  of  Politi- 
cal Economy  and  Statistics  at  Kiel,  whence  in  October,  1842,  he  went 
in  alike  capacity  to  Gottingen.  In  1848  he  accepted  a  call  to  Leipdg 
and  in  i860  to  Berlin.  In  1869  he  returned  to  Gottingen  to  his  former 
position.  His  publications  were  exceedingly  numerous  and  we  can 
mention  only  those  which  appeared  in  book  form.* 

^'Agricultural  dodrina  Cathedris  UniversiUUum  vindicaia"  Al- 
tona,  1832. 

**  Historisch-statistische  Darstellung  der  Intel  Fehmam.'*  Altona, 

'«32. 
'' Statistische    Forschungen    uber    das   Herzogium     SckUswig.** 
left  I.  Heidelberg,  1832.     Heft  II.  Altona,  1833. 
'•  Ueber  die  Anlage  von  KomdampfmuhUn  in  den  Herxogtumem 
chleswig  und  Holsteinr    Kiel,  1838. 
•  •  Holsteinische  Eisenbahn: '    Kiel,  184a 

"  Das  Amt  Bordesholm  im  Herzogtum  Holstein.'*    Kiel,  184a. 
'*  Die  Agitation  wider  den  Septembervertrag  von  i8si."*    Oldeii- 
virg,  1851. 

'*Ein  Beitrag  zu  den  Debaiten  itber  die  oldenbnrgiscMe  Zoilmm 
chlussfrage:^     Oldenburg,  1852. 

••  Die  Aufhebung  der  Leibeigenschafl  und  die  UmgeUaUmmg  der 
:utsherrlich-bduerlichen    Verhdltnisse   iiberhampi   in   den   Hemg* 
titmem  Schlesrvig  und  Holstein:'    St.  Petersburg.  1861. 
"  EHe  Gehqferschaften  im  Regierungsbexirk  Drier:*     1863. 
••  Hannovers  finanzielle  Zukunft  unter  preussischer  Herruhafi:* 
Hanover,  1867. 

'' AgrarhistoHsche  Abhandlungenr  VoL  I.  Leipdg,  x 88a  VolIL 
Leipzig,  1884. 

•  An  exhatutlve  bibUofniphy  inclttdlac  snlclcs  la  pcriodkals  caa  be 
Conrads  Jabrbacher,  Neae  Polge,  Vol.  I.  p.  fa, 

[957] 


130  Annals  of  the  American  Academy. 

SWITZKR1.AND. 

Lausanne. — Charles  Secretan,  the  celebrated  Swiss  philosopher  and 
sociologist,  died  January  22,  1895,  at  I^ausanne.  He  was  bom  at  I^au- 
sanne,  January  19,  18 15,  and  after  pursuing  literary  and  philosophical 
studies  at  the  academy  of  his  native  city  went,  in  1836,  to  Munich 
where  he  studied  under  the  direction  of  Baader  and  Schelling.  In 
1838  he  became  Extraordinary  and  in  1841  Ordinary  Professor  of 
Philosophy  at  Lausanne.  Dispossessed  of  his  chair  by  the  revolution 
of  1846  he  occupied  himself  with  journalism  and  private  teaching.  In 
1850  he  assumed  the  instruction  of  history  in  the  gymnasium  of 
Neufchatel.  In  1866  the  government  of  Vaud  recalled  him  to  his 
former  chair  at  Lausanne.  In  1887  he  was  elected  an  associate  of  the 
Institut  de  France.  M.  Secretan  was  a  contributor  to  the  Revue 
d'Sconomie  politique.    Among  his  publications  in  book-form  are  : 

'*  Philosophic  de  la  Liberie.^'    2  vols.     1849. 

"  La  raison  et  la  Christianismey     1863. 

* '  Le  principe  ei  la  morale  J '    1884. 

* '  La  question  sociale. ' '     1 886. 
*  Le  droit  et  la  femme. ' '     1 887 . 

**  La  civilization  et  la  biogance.^^    1888. 

*  *  Questions  sociales. ' '     1889. 


4 


J 


BOOK  DEPARTMENT. 


REVIEWS. 

La  MannaUt  U  crkdit  et  le  change.    Par  Auc.  ARNAUNt,  Profesicur  4 

r^cole  des  sciences  politiques.     Price,  7  francs.     Pp.  40a.     Paris : 

F61ix  Alcan,  1894. 

This  book  is  a  valuable  compendium  of  data  treating  of  varioos 
monetary  systems.  It  gives  a  good  idea  of  what  money  is  and  a  brief 
historical  survey  of  the  money  of  different  nations,  but  concentrates 
its  efforts  on  the  gold,  silver  and  bank-note  question,  with  a  final 
chapter  on  checks  and  clearing-house  certificates. 

The  author  says  in  his  preface,  that  he  docs  not  intend  to  be  contro- 
versial, but  he  indicates  strongly  that  he  does  not  believe  in  the  possi- 
bility of  forcing  people  to  accept  the  two  metals  on  the  same  s^e  at 
a  fixed  ratio.  He  seems  to  believe,  with  many  of  the  best  economists 
who  are  theoretically  monometallists,  that  silver  has  still  its  place  in 
the  world,  and  can  and  must  be  of  use  to  mankind.  But  a  time  will 
come,  says  M.  Amaun6,  when  silver  will  sustain  a  relation  to  gold 
similar  to  that  which  copper  now  bears  to  silver. 

Japan  may  after  the  war  be  more  inclined  than  before  to  conaaine 
gold.  Her  successful  imitation  of  Etiropean  civilization  in  other 
matters  may  also  lead  her  to  compete  for  gold.  M.  Amaan^*s  theory 
of  the  value  of  the  precious  metals  is  the  well-known  dasrical  one. 
His  tables  of  the  variations  of  the  >'a]ue  of  gold  and  diver  in  past  cen- 
turies and  in  modern  times  are  useful  to  the  student,  who  will  find 
here  an  abstract  of  the  statistics  of  Leech,  Soetbeer  and  other  itaiidaid 
authorities. 

The  author  gives  us  a  brief  history  of  the  mintage  systems  of  diflRer- 
ent  nations.  He  reminds  us  that  in  early  times  ideas  of  weight  and 
value  are  combined.  He  discusses  the  successive  disfStihHihmciif  of 
various  metals,  for  example  copper,  and  now  silver.  He  diiciMMa  tha 
variation  in  the  value  of  the  precious  metals,  and  shows  the  enonnoos 
difficulty  in  ascerUining  it ;  he  gives  the  systems  adopted  by  Mr.  R. 
H.  Inglis  Palgravc,  M.  de  Foville,  and  M.  Levasseur.  In  the  middle 
of  this  century  there  was  a  rise  in  prices,  which  was  generally  con- 
sidered as  an  effect  of  the  depreciation  of  gold,  as  Stanley  Jevons 
showed  in  his  pamphlet :  "A  Serious  Fall  In  the  Value  of  Gold  Ascer- 
tained and  its  Social  EffecU  Set  Forth.'* 

[959] 


132  Annai^  of  the  American  Academy. 

Since  1873  ^®  value  of  silver  has  fallen  continually  till  now,  when 
it  is  worth  less  than  one-half  of  its  former  price,  thus  bringing  about  a 
new  alteration  in  the  monetary  equilibrium  of  the  world.  This  is  the 
first  reason  given  why  gold  has  again  appreciated  and  prices  of  the 
greatest  number  of  goods  have  fallen.  Another  reason,  upon  which 
M.  Amaund  insists  strongly,  is  the  development  of  modern  industry, 
through  which  many  products,  like  steel,  iron,  chemicals,  are  made 
at  a  much  lessened  cost  and  can  be  sold  much  cheaper  than  formerly. 

But  there  is  one  feature  of  the  present  situation  in  the  economic 
world  which  the  book  does  not  mention,  and  which  seems  to  us  to  be 
of  considerable  importance  and  to  overthrow  in  a  certain  sense  M. 
Amaun^'s  whole  theory, — at  least  on  its  monetary  side — so  far  as  he 
tries  to  explain  the  fall  in  prices.  Stocks,  bonds  and  shares  are  dearer 
than  at  any  previous  period  of  the  century,  as  are  also  salaries,  wages 
and  rents  ;  for  them,  gold  seems  to  have  lost  part  of  its  value,  while  it 
has  gained  value  when  compared  with  other  materials.  What  can  be 
the  explanation?  A  decrease  in  supply  is  not  the  answer,  because 
everyone  knows  the  quantity  of  bonds  and  shares  of  every  kind, 
issued  by  governments  or  private  corporations,  has  greatly  increased 
in  the  second  half  of  the  present  century.  Is  there  a  still  greater 
increase  in  the  demand  for  this  kind  of  investment  ?  That  may  be ; 
but  in  all  events  the  question  is  not  settled,  and  the  discrepancy  in 
theories  accounting  for  the  general  collapse  of  prices  wants  accurate 
study  and  an  explanation  which  economists  have  not  yet  satisfactorily 
given. 

We  cannot  entirely  agree  with  M.  Amaun^  when  he  says  that  the 
classical  theory  explains  fully  the  fluctuations  in  the  precious  metals. 
Admitting  that  the  enormous  increase  of  silver  production  has  lowered 
the  value  of  silver,  the  increase  of  gold  production  between  1850  and 
i860  did  not  have  the  same  effect  on  the  value  of  gold  when  com- 
pared with  silver  at  the  same  time.  Again,  the  inclination  of  men  to 
accept  or  refuse  gold  or  silver  at  certain  times,  is  a  very  important 
cause  in  considering  the  rise  or  fall  in  the  value  of  the  metals.  The 
world  produced  in  1894  one-third  more  gold  than  in  the  past  few  years ; 
nevertheless  prices  have  feUen  during  the  past  year  as  they  never  did 
before.  During  the  same  time  silver  has  remained  steady,  almost 
unchanged.  Therefore  we  only  need  to  compare  gold  with  other  com- 
modities (for  example  wheat  and  wool).  If  the  question  of  supply 
and  demand  is  the  only  factor  how  can  we  explain  the  fall  in  price  of 
wheat  and  wool,  of  which  the  supplies  have  not  increased,  in  view 
of  an  increased  amount  of  gold  ? 

In  the  following  chapters  M.  Amaun6  gives  us  the  theory  of  bills 
of  exchange,  checks  and  bank  notes.     He  says  the  first  idea  of  an 

[960] 


La  Monnaib,  le  CRtoix  bt  lb  change.  133 

idealistic  representation  of  values  was  embodied  in  the  bill  of  ex- 
change. Perhaps  the  promissory  notes  of  the  Assyrian,  which  have 
been  recently  found,  engraved  on  earth  day  cubes,  are  still  mora 
ancient.  We  think  also  that  a  simple  receipt  of  gold  or  silver,  or 
any  other  money,  which  is  at  the  boUom  of  the  idea  of  bank 
note,  must  have  been  used  in  very  old  times ;  however,  history  has 
given  us  no  record  of  it.  The  absence  of  paper,  which  is  such  an  in- 
herent part  of  our  modem  life,  prevented  formerly  a  more  rapid  diffu- 
sion of  this  very  elementary  kind  of  credit,  the  highest  incarnation  of 
which  is  the  bond  and  the  share.  In  this  form  billions  of  billioos  are 
embodied  in  a  few  lines,  and  everything  in  the  world,  even  the  soil, 
the  houses,  not  to  speak  of  personal  property,  are  exchangeable  at 
all  times  between  the  remotest  spots. 

Having  explained  the  mediums  of  circulation,  the  author  analyses 
their  mechanism.  Forsmallpaymeuts,  money  is  daily  used;  butMSOon 
as  payments  grow  larger,  and  specially  for  paymenU  between  tndiBf 
people,  instruments  of  credit  are  required ;  they  arc  indispensable  lor 
payments  from  one  city  to  another,  from  one  country  to  a  foreign 
country.  Gold  and  silver  quotations  in  London  and  Paris  are  given 
and  explained.  Then  follows  an  explanation  of  the  main  exchange 
operations,  remittance,  drawing,  bupng  of  bills,  direct  and  indixect 
remittances.  The  theor>'  of  foreign  exchanges,  which  Goschen  has 
so  ably  discussed,  is  condensed  in  one  chapter :  First,  treating  of 
countries  where  money  is  metallic  and  where  balance  of  trade  (in  the 
most  general  sense)  and  rate  of  discount  are  the  pxedoadiiaBt  fiMtors 
and  the  gold  point  fixes  the  limit  of  rise  or  fall ;  secondly,  ocmntries 
where  paper  money  is  used  and  no  limit  can  be  previonsly  foreseen 
for  the  oscillation  of  the  exchange.  We  have  tried  in  another  place  * 
to  indicate  scientifically  the  scale  of  these  latter  movements. 

The  relation  between  exchange  and  gold  movements,  gold  price  mad 
discount  rate  having  been  explained,  the  author  proceeds  in  the  second 
pert  of  his  work  to  study  the  different  sjrstems  of  mctalMc  moaeyt. 

The  monetary  system  of  France  since  the  adopdoo  of  the  law  of 
Germinal  An  XI,  this  law  itself,  the  mintage  mles  which  fix  the 
seigniorage  at  7.44  frs.  for  one  kilogram  of  gold  and  1.50  frs.  for  one 
kilogram  of  silver,  are  clearly  summed  up.  The  author  explains  very 
clearly  how  gold  moves  and  under  what  drcmnstances  it  will  be 
brought  to  the  mint  or  sold  to  the  bank,  or  mortgaged  for  bank  notes 
at  a  certain  rate.  Taking  into  account  the  mint  expenses,  the  real  re- 
lation in  France  between  gold  and  silver  is  not  15.50^  bat  15.58 ;  as 
soon  as  the  relation  showed  a  tendency  to  differ  from  this  latter  figve, 

•  See  essay  on  Rxchanges  la  "Mflamfft  /mmW/tj,'*  by  Raphssl  Osorgss  LIvjr. 
Paris,  1894.    Reriewcd  In  AtrvAis  for  September.  iSm- 

[961] 


134  Annals  op  thb  American  Academy. 

metal  movements  began  ;  silver,  for  instance,  was  exported  as  soon  as 
the  relation  was  15.56,  long  before  it  fell  below  15.50. 

The  legal  tender  moneys  in  France  are  the  gold  pieces  and  the  five- 
franc  silver  pieces,  commonly  called  tcus — they  are  legal  tender  for 
any  debt;  fractional  silver  and  bronze  pieces,  only  to  a  limited  extent. 
A  list  is  given  of  the  foreign  coins  which  are  officially  admitted  as 
legal  tender  by  the  public  treasuries  in  France:  the  question  of  wear 
and  tear  of  gold  is  carefully  explained.  The  government  since  1889 
has  been  active  in  refunding  the  light  twenty  franc  pieces,  so  that  at 
present  the  average  is  heavier  than  it  was  a  few  years  ago. 

In  France  the  standard  is  legally  silver,  practically  gold.  Since  the 
beginning  of  the  century,  remarkable  waves  have  brought  in  or  car- 
ried out  of  the  country  large  supplies  of  both  metals.  M.  Arnaun^ 
reviews  the  history  of  the  Latin  Union,*  and  discusses  the  monetary 
problem  in  France.  M.  de  Foville  thinks  that  France  has  four  bill- 
ions of  gold,  two  billions  of  silver  in  five-france  pieces,  of  which  600 
millions  are  Belgian,  Italian,  Greek  and  Swiss  ;  these  latter  are  legal 
tender  in  France  by  virtue  of  the  Latin  Union.  After  a  discussion  of 
the  recent  monetary  conferences,  the  writer  says  he  does  not  think 
that  the  monetary  problem  can  be  practically  solved.  The  wisest 
policy  seems  to  him  not  to  alter  a  situation  which  might  be  better, 
but  which  after  all  is  tolerable,  and  which  the  slightest  imprudence 
may  imperil. 

A  chapter  is  devoted  to  the  English  monetary  system,  one  chief 
feature  of  which  is  the  free  coinage  of  gold  without  any  charge  to  the 
depositor,  a  result  of  Lord  Liverpool's  policy.  Practically,  the  Bank 
of  England  buys  gold  at  £2>'^T.^  per  ounce  ;  /*.  ^.,  only  lYzd.  less  than 
the  mint  rate,  and  all  charges  together  are  1)4.  per  mille ;  so  people 
go  the  bank  because  the  diflference  is  less  than  the  loss  of  interest 
through  the  mintage  regulations  would  be. 

One  interesting  feature  of  the  present  state  of  things  in  England  is 
the  revival,  or  rather  the  growth,  of  an  active  bimetallic  party  in 
which  we  find  men  of  the  highest  standing,  like  Balfour,  Barbour, 
Chaplin,  Samuel  Montagu,  Gibbs,  Grenfell,  etc.  However,  the  posi- 
tion of  England  on  the  question  seems  always  to  be  the  same,  viz.,  to 
encourage  others  to  do  something  for  silver,  but  to  adhere  herself 
strongly  to  the  gold  standard.  Even  in  India  she  discarded  free  sil- 
ver coinage  in  1893. 

The  monetary  system  of  Germany  is  a  gold  standard  with  a  few 
hundred  millions  of  old  silver  thalers  which  are  still  legal  tender.  In 
Chapter  VI  a  good  account  is  given  of  the  monetary  system  of  the 

•Compare  "i>  Mttal  Argent  h  la  fin  du  XIXt  Slide.  Histoire  de  P  Union  Latine,* 
by  Ludwig  Bamberger,  translated  by  Raphael  Georges  I*6vy.     . 

[962] 


I 


La  Monnaie,  le  credit  et  lb  chakgb.         135 

United  States  from  1792,  when  a  bill  providing  for  a  bimetallic 
with  a  gold  and  silver  dollar  in  the  proportion  of  one  to  fifteen 
adopted,  to  the  Repeal  Act  of  1893,  when  silver  purcbaaes  were  finally 
stopped. 

A  very  interesting  chapter,  and  one  which  may  be  of  peculiar  in- 
terest to  American  students  who  are  not  acquainted  with  the  matter, 
is  the  seventh,  in  which  the  monetary  system  of  Indo>China  is  ex- 
plained. Theoretically,  the  system  is  very  remarkable.  The  sUte 
does  not  claim  to  fix  a  certain  relation  between  gold  and  silver,  but  to 
give  the  pieces  the  names  of  the  weights  to  which  they  corrtspoiid 
exactly.  Commercially,  all  the  different  pieces  of  metal  are  noChing 
but  a  definite  quantity  of  gold,  silver,  copper  or  tin.  The  system  has 
been  quoted  by  Herbert  Spencer  as  noteworthy ;  it  certainly  cooms 
near  to  theoretical  perfection.  Mr.  Atkinson  has  in  the  same  way  pro- 
posed the  free  issue  of  silver  coins  with  a  mere  indication  of  their 
weight     The  public  could  then  accept  or  refuse  them. 

In  In  do-China  one  finds  other  systems  as  well ;  for  example,  tb* 
piastre  (dollar)  system,  which  has  been  introduced  since  the  French 
conquest,  the  Mexican  old  dollar,  the  Mexican  eagle  dollar,  the 
American  trade  dollar,  and,  finally,  the  French  dollar.  The  last  one 
is  coined  in  the  Paris  mint,  and  has  been  legal  tender  since  1885.  It 
contains  34.4935  grains  of  silver. 

Indo-China  must  be  considered  as  a  silver  standard  country,  silver 
being  practically  the  clearing  medium  of  all  the  business  theze.  So  it 
is  necessary  to  compute  all  the  expenses  and  receipts  of  the  French 
Government  in  Asia  and  of  the  colonies  in  those  silver  dollars  and  not 
in  francs,  as  it  has  been  formerly  the  practice.  The  exchange  lossM 
must  be  bom  by  the  budget 

The  third  part  of  M.  Amaun^'s  book  is  devoted  to  the  various  gy^ 
terns  of  fiduciary  circulation — bills  of  exchange,  checks  and  bank 
notes.  Notes  have  made  the  movement  of  metals  every  day  less  im- 
portant, and  checks  and  other  clearing  mediums  now  often  take  thm 
place  of  notes.  M.  Amaun^  gives  a  summary  notice  of  the  iaaes  of 
the  Bank  of  France,  of  England,  of  the  United  States,  and  reodk  th* 
most  important  features  of  their  history,  viz.,  legal  tender  acts  la 
Prance  in  1848  and  1870,  suspensions  of  the  Bank  Act  in  London 
(1847,  1857  and  1866),  greenbacks,  national  bank  notes,  treasury  cer- 
tificates, currency,  gold  and  silver  certificates,  traasnry  notea  in  tba 
United  SUtes. 

Coming  to  the  question  of  inconvertible  paper  currency,  we  look 
first  at  the  countries  where  it  has  been,  as  it  ought  alwaj-s  to  be,  only 
a  temporary  phenomenon,  as  in  France  twice,  at  time  of  the  Revolu- 
tion of  1848  and  of  the  German  war  (1870),  in  Bngland  from  1797  to 

[963] 


136  Annals  of  the  American  x\cademy. 

1S20.  Ill  these  two  latter  cases  it  simply  meant  the  borrowing  of 
larj^e  sums  of  money  from  the  Bank  by  the  government.  The  case 
in  the  I'liileil  vSiates  was  dilTerent,  as  the  paper  was  issued  di- 
rectly by  the  Treasury  (1S62  and  1S63).  Gold  premium  rose  iu 
America  lo  an  eiu^rmous  height,  and  prices  of  many  goods  were 
doubled  or  even  tri])led.  The  fourth  country  cpioted  is  Italy,  which 
uoiiiinaby  resumed  specie  payments  in  iSSi,  l)ut  is  now  under  a  prac- 
tical ]Ki]Hr  currency  system.  Eesitles  the  three  1)anks  (Bank  of  Italy, 
<^[  Na])les  and  of  Sicily)  which  are  entitled  to  issue  notes,  the  govern- 
ment itself  is  enabled  to  ilo  so  to  the  extent  of  600  millions  of  francs  (120 
millions  of  dollar^i.  and  is  not  recpiiretl  to  redeem  these  notes.  The 
;^ol(l  ])remiiim  rose  in  1894  to  12  per  cent,  and  is  at  ])resent  about  8 
per  cent. 

This  studv  ought  to  l)e  extended  to  another  class  of  countries,  where 
t!ie  ])aper  currency  does  not  seem  to  be  a  temporary  evil,  but  has 
taken  the  sha})e  of  a  chronic  disease;  for  cxamj)le,  Russia,  which  in 
other  res])ects  has  wonderfully  improved  her  economic  situation  since 
the  last  decade  ;  the  i^outh  American  Republics,  P>ra/.il,  Argentine  and 
Chile.  vSome  attempt  should  be  made  to  anal_sv,e  the  paper  currency 
of  the<e  countries,  and  to  ex])laiu  their  violent  and  enormous  fluctua- 
tions. Austria  has  also  had  a  very  curious  and  interesting  expe- 
rience, being  at  ])resent  engaged  in  the  hard  work  of  getting  rid  of  her 
incoiuertible  jnqier  and  introducing  s])ecie  ]xi}-ments. 

In  tile  ch.ipt.-r  on  checks  the  peculiar  character  of  banking  in  Eug- 
Imd  i->  clearly  ex])lained  and  the  growing  iinportance  of  checks  for 
clearing  every  kind  of  debt;  for  instance,  at  the  Bank  of  Kngland 
S;'^  ])er  cent  are  ])aid  in  transfers,  1 2 '4  per  cent  in  bank  notes,  and 
o!ily  '  ;  of  I  per  cent  in  coin.  In  .Xnierica  the  same  figures  are  about 
«/>.4"^  I>e-r  cent,  .S.  10  ])er  cent,  and  1.47  per  cent.*  In  tlie  IvOndon 
clearing-house  in  1S93  the  busiue.-s  handled  aggreg.ated  /'6.5(Ki,o<:x),OOo  ; 
7.  ^..  over  thirty-two  billions  of  doll.ars.  .\11  these  balances  were 
<  i-ared,  without  ])ayment  of  one  ])eiiny  of  coin. 

The  last  cha])ter  is  devoted  to  the  securities  or  basis  upon  which 
]''.:/'  r  currency  is  issued.  I'ajjcr  is  not  only  representative  of  the 
]  r-i  io-s  nutals  in  which  it  is  redeemable  ;  it  also  is  often  a  medium  of 
CTf. i:;,  and  licre  lies  its  strength  aii<l  its  <langer.  The  management 
('(  ht:;k.  is  a  most  delicate  task.  The;/  cannot  restrain  their  issues 
of  iioi-s  {.,  the  sum  of  coin  or  bars  kept  in  their  vaults.  On  the  other 
sidr.  Ill,  V  must,  always  lie  rc-ady  to  redeem  freely  all  outstanding 
notes.  I'r  leticallv.  all  the  notes  are  never  brought  at  (nice  to  the 
(y}ii(  rs  (,;  th,.  I.ank  in  order  to  ])e  exchanged  for  gold  or  silver,  but  the 
quest:,,::  ,,;  this  p(;s,ihility  must  always  be  taken  into  consideration  by 

•^'.c  .\r:i;tuu.',  ;,>    --t  au'l  -74. 

[964] 


National  Conference  op  Cha&ities. 


U7 


bank  directors.  lu  England  the  drawb«ck  is  the  tmall  amoant  of  gold 
in  the  bank  and  even  perhaps  in  the  country,  which  in  *  certain  aeiMe 
ia  the  clearing-house  of  the  world.  Attention  was  called  to  this  tack 
of  gold  by  Mr.  Goschen  after  the  panic  of  189a  In  Prance  the  supply 
of  gold  in  the  vaults  of  the  Bank  and  also  in  the  hands  of  the  public 
is  considerable.  The  bank  can  keep  the  gold  because,  practically, 
gold  is  always  in  abundant  supply  in  France,  and  all  exchanges  of 
late  have  been  in  favor  of  that  country. 

M.  Amaun^'s  book  is  essentially  what  the  Germans  call  **Nach' 
ichlagstverky  All  the  figures  and  calculations  which  it  contains  are 
most  carefully  drawn  and  the  doctrine  is  sound.  It  is  a  valuable  con- 
tribution as  a  financial  encyclopaedia,  and  will  prove  useful  to  all  stu- 
dents in  economics.  Rapuakl  Gkorgbs  LIkw. 
icoULibrt  des  Sciences  Jbiitique  d  Arts. 

I^oceedings  of  the  National  Conference  of  Charities  and  Correetiom 

at  the  Twentieth  Annual  Session  held  in  Chicago,  III.,  fune  S-tt, 

iSgj.    By  Isabel  C.  Barrows.   Pp.xiv,498.  Price,  1 1.50.    Boston: 

Geo.  H.  Ellis,  1893. 

This  twentieth  volimie  of  the  National  Conference  papers  marks  an 
epoch  in  the  development  of  American  charities.  As  the  National  Con- 
ference of  1893  was  to  meet  in  connection  with  the  Intematiooal  Con- 
gress of  Charities,  the  usual  discussions  of  methods  and  principles  were 
reserved  for  the  more  general  assembly,  and  the  program  of  the  National 
Conference  was  devoted  to  the  recounting  of  the  actual  piogiess  which 
has  been  made  in  the  administration  of  charities  and  correction  in  this 
country  since  the  Conference  began  its  stimulating  meeting,  twenty 
years  before. 

Several  of  the  papers  were  prepared  with  great  care,  and  the  result- 
hig  volume  is  a  most  valuable  compilation.  Some  of  the  papers,  in 
accord  with  the  design,  are  historical,  while  others  attempt  little  else 
than  a  presentation  of  the  present  state  of  charitable  work  in  some 
particular  location  or  in  some  special  line  of  activity.  In  either  case 
it  will  largely  be  to  this  volume  that  reference  will  be  made  in  order  to 
measure  the  progress  of  future  years. 

The  presidential  address  by  Hastings  H.  Hart  tells  of  the  many  ways 
in  which  the  National  Conferences  have  contributed  to  the  progress  of 
the  past  twenty  years  in  the  administration  of  charities  and  correction. 
The  Conference  is  characterized  under  the  five  headings :  its  catholi- 
city, its  optimism,  its  practicality,  its  personnel,  and  the  simplicity  of 
its  organization. 

The  Histor>'  of  State  Boards  of  Charities  was  written  by  Oscar  Craig. 
president  of  the  New  York  Board.    Charles  D.  Kellogg  of  the  Charity 

[965] 


138  Annals  of  thk  American  Academy. 

Organization  Society  of  New  York  City  describes  the  Charity  Organi- 
zation movement  in  America  which  was  permanently  inaugurated  iu 
Buffalo  in  1877,  and  now  embraces  ninety-two  associations.  The  report 
is  carefully  prepared  and  encludes  an  extended  tabular  presentation  of 
the  work  of  the  different  societies. 

The  catholicity  of  the  Conference  is  illustrated  by  the  paper  on  the 
History  of  Indoor  and  Outdoor  Relief,  in  which  advanced  principles 
are  disparaged,  and  the  opinion  is  expressed  that  "  actual  suffering  " 
"give  little  promise  of  ever  being  less,"  while  missionaries  are  ad- 
vised '*  to  introduce  their  religious  exercises  with  a  basket  of  provisions 
or  a  receipt  from  the  landlord  for  a  month's  rent !  " 

The  next  paper  is  the  History  of  Immigration,  by  Dr.  Charles  S. 
Hoyt  of  the  New  York  State  Board  of  Charities.  The  National  Con- 
ference has  had  a  standing  committee  on  immigration  since  1880  and 
the  restrictive  measures  which  have  been  enacted  by  Congress  have 
been  largely  due  to  its  initiative.  An  account  of  the  progress  of  immi- 
gration and  of  the  various  restrictive  measures  is  given  in  compact  form. 

The  remaining  historical  papers  are  on :  Child  Saving,  by  C.  D. 
Randall ;  Reformatories,  by  Rev.  J.  H.  Nutting  ;  The  Prison  Question, 
by  General  R.  Brinkerhoff,  including  reports  from  nearly  all  the  States 
and  Territories ;  The  Feeble  Minded,  by  Dr.  Walter  B.  Femald,  and 
The  Insane,  by  Dr.  C.  Eugene  Riggs.  General  Brinkerhoff 's  report 
is  especially  complete.  Dr.  Riggs*  paper,  while  mentioning  fewer 
dates  and  special  institutions,  gives  a  detailed  account  of  improvements 
in  the  care  of  the  insane,  with  a  fair  statement  of  the  contending  views 
regarding  the  care  of  chronic  cases,  and  many  valuable  suggestions 
for  the  management  of  hospitals. 

The  Conference  Sermon,  by  Washington  Gladden,  takes  its  theme 
from  the  Bible  passage,  *'  Bear  ye  one  another's  burdens,  and  so  fulfill 
the  law  of  Christ  .  .  .  For  every  man  shall  bear  his  own  burden," 
and  reaches  the  conclusion  *'  that  our  bearing  of  our  neighbors'  bur- 
dens must  always  be  of  such  a  kind  that  it  shall  not  relieve  him  of  his 
own  burdens,  but  shall  make  him  strong  and  willing  and  proud  to  bear 
them."  Reports  from  State  corresponding  secretaries,  and  the  Min- 
utes and  Discussions  complete  the  body  of  the  book. 

These  twenty  volumes  of  National  Conference  Proceedings,  present- 
ing as  they  do  the  best  thoughts  of  earnest  workers  tempered  by  prac- 
tical experience,  make  up  an  invaluable  library  for  students  of  applied 
sociology.  Every  such  student  will  be  gratified  to  find  at  the  close  of 
this  volume  a  topical  index  to  the  principal  papers  in  the  whole  nine- 
teen volumes  which  have  preceded  it.  For  this  general  index  we  are 
indebted,  as  the  preface  states,  to  the  volunteer  work  of  Mr.  George 
G.  Cowie,  of  Minnesota.  David  I.  Green. 

[966] 


Brook  Farm.  139 

Brook  Fann:    Historical  and  Ptnonal  Memoirs.    By  John  Thokas 

CODMAN.     Pp.  viii,  J35.    Price,  fs.oo.    Boston  :  Arena  Publiahing 

Company,  1894. 

The  college  librarian,  who  some  years  ago  told  a  certain  inquiring 
student  to  look  under  "Agriculture"  for  information  about  Brook 
Farm,  was  not  altogether  vrithout  excuse.  Here  and  there  in  an  essay, 
a  novel  or  a  biography  one  phase  or  other  of  that  interesting  sodal 
experiment  was  presented.  The  files  of  the  Harbinger,  too,  were  not 
inaccessible,  but  that  journal  gave  strangely  little  of  local  coloring. 

Fortunately  posterity  will  not  have  to  rely  upon  such  incomplete 
and  unsatisfactory  testimony.  The  Brook  Farm  Association  was 
already  well  established  when  John  Thomas  Codman,  then  a  lad  of 
seventeen,  came  to  the  Farm  as  a  "  probationer."  Two  years  and  a 
half  of  intimate  contact  with  tlie  Associates  as  teachers  and  friends,  in 
prosperity  and  in  adversity,  fitted  him  to  q>eak  with  both  authority 
and  interest 

The  first  two  chapters  are  historical,  tracing  the  origin  of  the  Asso> 
dation  in  the  thought  of  George  Ripley,  its  organization  as  an  "  Insti- 
tute for  Agriculture  and  Education,"  its  first,  or  "transcendental," 
stage,  in  which  the  school  was  the  prime  interest,  and  the  Associates 
were  choice  spirits  from  the  "privileged  classes,"  and  its  second,  or 
"  industrial  "  stage,  in  which  the  attempt  was  made  to  carry  out  the 
social  teachings  of  Fourier,  some  of  whose  doctrines  they  had  already 
unwittingly  adopted,  and  to  add  various  mechanical  industries  to  those 
already  commenced,  at  the  same  time  abandoning  all  exdnsiveness 
and  dass  restrictions.  In  the  later  chapters  personal  reminiscence  ia 
the  prindpal  element ;  the  appendix  contains  interesting  letters  from 
students,  inquirers  and  applicants,  replies  from  Mr.  Ripley,  and  an 
*•  outside  view  of  Brook  Farm  Assodative  Artides." 

Not  the  least  charm  of  this  book  is  found  in  its  vivid  sketdies  of 
familiar  characters  in  unfamiliar  rdles.  It  is  a  novel  experience  to 
watch  such  latter  day  friends  as  Ripley  and  Dana,  Hawthorne  and 
Curtis,  devoting  all  their  youthful  enthusiasm  to  the  actual  working 
out  of  a  radical  reform  of  society. 

Rarely  has ' '  plain  living  and  high  thinking  "  had  a  more  insteoctiv* 
trial.  For  five  years  men  and  women  of  rare  ability  and  of  rteadfut 
devotion  to  a  noble  ideal  persisted  in  this  Brook  Para  experinent. 
Why  did  it  not  succeed  ?  To  this  question  Mr.  Codman  gives  several 
answers.  The  sources  of  income  were  few.  Prom  the  beginning  the 
Associates  were  sadly  hampered  by  lack  of  capital.  The  baming  of 
the  Phalanstery,  just  as  it  was  nearing  completion,  was  a  dead  loss. 
The  site  was  ill-chosen  ;  it  was  inaccessible  and  ill-adapted  to  agricnl- 
tnre.    Several  of  the  industries  proved  un  fortunate  selections, 

[967] 


I40  Annai3  of  thk  American  Academy. 

large  initial  outlay  for  a  distant  return.  Again,  "associationists  " 
were  divided  ;  energy  and  capital,  which  might  have  given  prosperity 
and  length  of  days  to  Brook  Farm,  were  diverted  to  the  founding  of 
new  social  experiment  stations  under  slightly  different  conditions.  In 
«hort,  "  the  inevitable  mathematics  of  finance  were  against  them." 

Yet  to  the  workers  the  end  was  not  failure ;  success  crowned  the 
undertaking,  if  success  be  measured  in  the  development  of  individu- 
ality, in  the  enrichment  of  character,  and  in  the  Brook  Farmers'  per- 
sistent and  growing  faith  in  the  ultimate  success  of  association  life  and 
doctrines. 

George  H.  Haynes. 


The  Unemployed.    By  Geoffrey  Drage,  Secretary  to  the  Labor 

Commission.     Pp.  xiv,  277.    Price,  I1.50.    London  and  New  York  : 

Macmillau  &  Co.,  1894. 

Mr.  Drage,  by  reason  of  his  extensive  and  prolonged  study  of  in- 
dustrial conditions  in  all  the  leading  countries  of  Europe  during  years 
of  residence  in  each  of  them,  is  entitled  to  speak  with  some  measure 
of  authority  on  the  present  vital  issue  of  the  labor  question,  the  prob- 
lem of  the  unemployed.  Much  of  the  success  of  the  recent  Labor 
Commission  in  collecting  the  valuable  data  that  fill  sixty-six  Blue 
Books  is  due  to  the  enterprise,  ingenuity  and  enthusiasm  that  Mr. 
Drage  displays  in  all  his  work.  The  book  before  us  is  a  timely  one 
for  American  readers,  summing  up  as  it  does  the  results  of  European 
thought  and  experience  in  so  far  as  they  have  attempted  to  analyze  the 
causes,  classify  the  phenomena  and  experiment  on  a  solution  of  the 
problem  of  the  unemployed.  It  furnishes  us  a  basis  for  comparison 
with  our  own  recent  experiences,  and  ought  to  help  enlarge  our  field 
of  vision  in  the  study  of  a  question  that  is  not  limited  to  any  one 
country  or  line  of  economic  activity. 

The  chief  recent  sources  of  information  on  unemployment  are  the 
Report  of  the  English  Board  of  Trade  Labor  Department,*  the  publi- 
cations of  the  French  Office  du  Travail,^  the  publications  of  our 
National,  Massachusetts  and  Ohio  Labor  Bureaus,  J  and  further,  as  an  in- 
direct source  of  information,  numerous  pamphlets  and  reports  on  the 
labor  colonies,  labor  exchanges,  etc.,  in  Germany,  France,  Holland, 

*  "Agencies  and  Methods  for  Dealing  With  the  Unemployed."  438  pages,  in- 
dexed.   Ix>ndon,  1893. 

t  Especially  "Z^j  placement  des  empioyis,  ouvriers  et  domestiques  en  France:  son 
histotre—son  itat  actuel,'^  734  pages.    Paris,  1893. 

t  Among  these  the  excellent  report  of  Mr.  Wadlin,  published  as  Part  I  on 
"  Unemployment "  of  the  Report  of  the  Massachusetts  Bureau  for  1893  (separately 
printed,  267  pages.  Boston,  1894),  contains  a  good  summary  of  the  experience  of 
I«abor  Colonies,  etc.,  with  ifull  statistics  of  Unemployment  in  Massachusetts. 

[968] 


The  Unbmploybd.  141 

Belgium  and  Switzerland.    In  the  Utter  claM  alao  belong  KTerml  of  th* 
Bine  Books  of  the  English  Labor  Commiidon. 

Mr.  Drage's  book  asstimes  a  controversial  tone  toward  the  fint  of 
these  sources,  the  English  Board  of  Trade  Report,  and  though  hit 
criticisms  of  the  method  and  results  of  that  iimrtjgitinii  are  in  some 
cases  valuable,  his  acrimonious  remarks,  whenever  apoiking  of  this 
report,  concern  only  a  small  number  of  English  pnHti^attt  and  rather 
detract  from  the  interest  of  the  book  for  the  foreign  reader.  All  that 
is  of  value  bearing  ou  his  subject  that  is  scattered  through  the  sereral 
Blue  Books  of  the  Labor  Commission  Mr.  Drage  keepa  well  in  mind 
in  his  discussion,  and  thus  enables  us  to  appreciate  these  results  in  a 
much  more  palatable  and  accessible  form.  The  dasdfication  and 
method  of  presentation  is  happy  throughout,  and  nothing  that  aimple 
logical  arrangement,  good  indexes,  including  marginal  notea  and  in- 
genious diagrams  can  contribute  to  make  the  book  serviceable  ia  neg- 
lected. 

An  introductory  part  gives  a  brief  clasaification  of  the  ageadca  deal- 
ing with  the  unemployed,  grouping  them  according  to  duration  of  the 
agency,  class  of  persons  to  be  assisted,  principle  of  the  agency  and 
objects  aimed  at  The  second  and  bulkiest  part  describes  what  has 
been  done  hitherto  to  solve  the  problem  of  the  unemployed,  and  dia- 
cnsses  fully  the  principles  involved  in  the  work  of  the  labor 
labor  colonies,  trade-unions,  friendly  societies,  registration 
q>ecial  temporary  and  permanent  agenciea.  Part  three  deals  with  the 
question  of  determining  the  number  of  the  unemployed  and  the  cansea 
of  lack  of  work.  In  part  four  we  find  a  discussion  of  what  can  tie 
done  in  the  future  to  solve  the  problem  of  the  unemployed,  which  in- 
cludes a  critical  discussion  of  the  remedies  already  tried  and  those  that 
have  been  suggested.  Throughout  parts  three  and  four  the  author'a 
dsacussion  is  very  practical  and  quite  free  from  the  confusion  that  the 
introduction  of  vague  economic  terms  haa  caused  in  prcvioMa  coatxi- 
bntions  to  the  subject.  The  problem  of  the  unemplojed  is  wbown  to 
be  a  veiy  complicated  one,  involving  a  number  of  di&rent  analkr 
problems,  such  as  the  better  distribution  of  the  demand  for  labor,  the 
raising  of  the  moral  and  physical  condition  of  the  inefficient,  etc  Mr. 
Drage  haa  little  to  say  for  the  tncceas,  or  powJble  iPCceM  of  •odaMatic 
remcdiea,  and  yet  he  believea  the  problem  of  a  remedy  ia  not  a  local 
one  entirely,  nor  one  that  can  be  solved  mtirfMiorfly  by  private 
initiative  alone.  His  practical  conclnsioiia  have  reference  espedaily 
to  English  conditions  and  are  as  follows :  "  Firrtly,  that  the  problem 
is  national  and  not  local,  and  that  the  qncation  cannot  wiady  be 
treated  separately  in  the  metropolis  or  in  any  other  lafge  town. 
Secondly,  that  the  question,  complicated  even  within  the  limita  of  a. 

[969] 


142         Annai3  op  the  American  Academy. 

particular  locality,  would  be  practically  unmanageable  for  the  country 
as  a  whole  by  any  one  group  of  experts,  however  competent.  Thirdly, 
that  it  is,  nevertheless,  necessary  that  the  problem  as  a  whole  should 
be  grasped  though  not  dealt  with  by  one  body.  No  existing  agency 
has  shown  itself  capable  of  doing  this.  A  special  group  of  experts  is 
needed,  representative  of  all  the  different  interests  involved,  and  with 
special  knowledge  of  the  different  aspects  of  the  problem.  This  body, 
with  the  aid  of  a  competent  staff,  should  be  acquainted  with  the  exact 
extent  and  nature  of  the  distress  at  any  time  in  the  United  Kingdom, 
and  with  the  attempts  to  deal  with  the  problem  both  at  home  and 
abroad.  Only  thus  would  it  be  fully  competent  to  form  a  correct  judg-  ■ 
ment  of  the  problem  as  a  whole.  Thus  equipped,  however,  it  would  ™ 
be  able  to  discriminate  between  those  sections  of  the  problem  that  can 
best  be  solved  by  the  action  of  the  Poor  Law,  charitable  and  other 
agencies,  and  that  section  of  the  problem  with  which  no  existing 
agency  is  calculated  to  deal  satisfactorily,  and  which  it  can,  therefore, 
itself  wisely  undertake  to  manage.  This  would  include  the  establish- 
ment of  temporary  relief  works,  labor  colonies  and  a  network  of  labor 
bureaus.  While  such  a  body  would  itself  deal  only  with  the  existing 
*  stock '  of  unemployed,  it  would  be  capable  of  conducting  a  wise 
agitation  for  the  whole  series  of  lesser  remedies  for  preventing  the 
recurrence  of  the  problem." 

It  will  be  interesting  to  compare  these  recommendations  for  English 
action  with  the  report  of  the  Special  Commission  in  Massachusetts. 

S.  M.  Lindsay. 

University  of  Pennsylvania. 


The  Ills  of  the  South  ;  or  related  causes  hostile  to  the  general  pros- 
perity of  the  Southern  people.  By  Chari^es  H.  Otken,  LL.  D. 
Pp.  xii,  277.  Price,  I1.50.  New  York  and  London  :  G.  P.  Putnam's 
Sons,  1894. 

The  "  related  causes  "  mentioned  in  the  sub-title  of  this  book  are, 
chiefly,  the  credit  system,  under  which  most  Southern  farmers  have  to 
work,  and  its  attendant  and  consequent  evil,  the  increased  acreage  in 
the  production  of  cotton.  The  third  great  cause  is  the  unproductive 
present  and  unpromising  future  of  the  negro. 

The  volimie  begins  with  a  brief  survey  of  affairs  in  the  South  in 
1865.  Most  men  had  suffered  from  the  war,  but  a  certain  class  had 
fared  well.  These  were  the  men  who  stayed  at  home  during  the  struggle. 
They  speculated  in  cotton  and  similar  products.  They  were  poor  in 
1861  ;  they  were  rich  in  1866.  This  money,  invested  in  merchandise, 
became  to  a  large  extent  the  curse  of  the  people  among  whom  it  was 
employed. 

[970] 


Thb  Ills  op  thb  South.  143 

One  of  the  earliest  phases  of  the  new  economic  life  of  the  Sooth  waa 
the  lien  law.  This  law  was  believed  at  the  time  to  confer  a  favor  on 
the  small  farmer  and  the  freedman,  for  in  this  way  only  could  they 
secure  the  necessary  supplies  with  which  to  produce  their  crops.  But 
while  the  law  has  proved  a  gold  mine  to  the  merchant  it  has  worked 
disastrously  for  the  farmer,  because  it  fosters  the  credit  system.  This 
system  has  grown  into  a  great  evil :  because  of  its  indefiniteness ; 
because  the  prices  charged  under  it  are  minooaly  high  ;  as  a  rale  it  cats 
the  buyer  off  from  the  option  of  purchasing  daeiHiere ;  k  iinrniiiigiia 
extravagance  in  many  whose  purchases,  some  foolish  and  mote  oa* 
necessary,  are  only  limited  by  the  willingness  of  the  merchant  to  give 
credit. 

Mr.  Otken  estimates  that  the  average  sum  thus  lost  by  purchasing  on 
time  is  35  per  cent,  which  means  more  than  |ioo,ooo  per  year  for  Moo 
average  farmers,  or  more  than  $2,000,000  for  twenty  years.  He  also 
presents  tables  which  show  in  a  forcible  way  that  while  the  ootpot  of 
cotton  has  greatly  increased  the  output  of  food  products  has  not  kept 
pace  with  population.  Between  i860  and  1889  the  grain  crop  increased 
37  per  cent,  but  the  increase  of  population  was  87  per  cent.  There  was 
actually  less  com  produced  in  the  States  of  Alabama,  Georgia,  Louis- 
iana, Mississippi,  North  and  South  Carolina  in  1889  than  in  i86a  The 
ten  Southern  States  produced  less  tobacco,  peas,  beana,  Irish  potatoeSi 
and  sweet  potatoes  in  1S80  than  in  i860.  In  seven  States,  Alabama, 
Georgia,  Louisiana,  Mississippi,  North  and  South  Carolina  and  Ten> 
ncssee  there  has  been  a  decrease  of  23  per  cent  in  the  number  of  sheep 
since  i860,  and  in  all  of  these,  except  Louisiana,  there  has  been  a 
similar  decrease  in  the  number  of  hogs.  There  are  less  hog*  in  the 
Sutes  just  mentioned,  and  also  in  Arkansas,  Florida,  and  Texas,  than 
there  were  in  i860,  and  if  we  except  Texas  there  are  fewer  sheep  also. 
The  estimate  is  made,  and  it  is  probably  not  Csr  from  the  trath.  that 
|ioo,ooo,ooo  is  lost  to  the  South  annually  by  this  neglect  of  food  pro- 
ducts.  These  products  are  supplied  from  Western  markets.  One  Mia> 
^issippi  firm  reports  that  they  have  sold  on  an  average  300,000  po«uida 
of  Western  meat  annually  for  fifteen  years  and  the  reviewer  has  beard 
that  more  meat  was  shipped  into  a  certain  county  in  nortbcMtera 
North  Carolina,  which  has  become  a  cotton  oottBtryaliice  the  war,  than 
pounds  of  cotton  were  sent  out  of  it  This  b  another  leak  in  Southern 
prosperity  and  to  stop  this  leak  3,000,000  bales  of  cotton  at  present 
prices  are  required. 

Such  then  is  the  situation.  There  are  remedies  for  this  state  of 
affairs.  Repeal  the  lien  laws,  for  the  belief  in  their  evil  resalU  b 
almost  unanimous  ;  economize  and  deny  as  was  done  in  war  times  ; 
raise  less  cotton  and  more  food  products,  more  hog  and  haaduy.    It 

[971] 


144  Annaus  of  the  American  Academy. 

scfiiis  that  the  tide  is  already  beginiiini^  to  turn  in  this  direction  in 
some  of  the  .States.  The  Fanners'  Alliance  has  done  a  good  work  in 
the  discus^-ion  and  agitation  of  these  matters. 

Tile  first  eight  chapters  are  well  presented  and  contain  sound  reasou- 
i:-.i:.  The  remaining  chapters  are  of  less  value.  The  one  on  "  The  Per- 
version o(  lh:siness  "  is  a  homily  on  business  methods  and  out  of  place. 
Tlie  last  tliree  are  on  the  negro.  This  is  the  third  ill  and  perhaps 
greater  than  the  others.  These  chapters  are  pessimistic  in  the  extreme. 
I'reeiiom  has  not  tended  to  elevate  the  negro  socially,  nu>rally  or  in- 
i!'.i-triall\-.  l'>eing  now  his  own  master  he  rel'uses  to  work  except  when 
(i:iven  lo  it  by  Ininger.  \lv  lives  from  hand  to  mouth  on  odd  jobs, 
ti.ievery  or  ])rostitution.  The  author  estimates  that  Si  per  cent  are 
i:' in-producers  aiul  statistics  show  that  the  large  majority  of  inmates 
«  f  prisons  are  negroes.  This  is  all  true,  but  we  must  here  read  between 
il'.c  lines,  for  the  negro  is  almost  the  only  thief  who  gets  liis  just 
deserts  and  this  is  due  largely  to  the  fact  that  he  is  comparatively  help- 
le>s.  The  autli<<r  offers  no  solution  to  this  ethnic  problem  save  coloni- 
/.ition.  lie  thinks  that  this  can  be  done  in  thirty  years  at  a  cost  of 
jf-.so, 000,(00.     This  in  his  opinion  is  the  solution  of  the  negro  ])roblem. 

but  this  colonization  cannot  and  will  not  be  imdertaken.  The  trans- 
i.ortation  of  300,000  ])er  annum  would  mean  such  an  increase  in  1)irths 
that  it  would  ])rolong  the  thirty  years  to  fifty  or  sixty.  Nothing  can  l)e 
more  useless  than  talk  about  the  deportation  of  the  negroes  as  a  race. 
This  is  not  the  solutitm.  Nor  does  it  seem  reason.able  to  fear  such  a 
serious  race  war  as  the  author  suggests.  There  is  no  danger  that  the 
Anglo-S.ixon  will  not  assert  himself  in  the  future  just  as  in  the  past. 
The  Anglo-Saxon  ne\er  submits  to  domination.  Whetlu'r  tl\e  struggle 
1  e  with  the  Wendic  ])Oj)ulation  of  the  I'atherland,  with  the  vSepoy  in 
India,  the  black  man  in  the  jungles  of  Africa,  or  the  Iiulianon  the 
plains  of  North  America,  the  results  are  always  the  same.  The  Anglo- 
Saxon  is  never  ruled  but  rules  ;  so  it  will  be  in  the  South,  for  these 
Stales  contain  a  larger  jjer  cent  of  Ivnglish  bloo<l  th.in  any  other  sec- 
tion of  the  Republic. 

vSTi:rin:N  b.  Wicjcks. 

/\ltin:;ru,>'r  ujid  / /(iusi>i(lustrit'  in  Orslry>rit/i .  Von  I^r.  luT.iCN 
.--eiiv.ii,i)i..\M).  2  \'ols.  Leipzig:  Duncktr  vS:  Humblot,  1.S94. 
Intert  :  in  the  histor\- of  nations  is  now  tnrning  more  and  more 
.■.w.iv  f:oni  the  activities  of  the  state  to  the  labor  of  the  people. 
To  th:s  (  liaiii..r  we  art-  indebted  for  a  nnmber  of  works  dealing  with 
iHi';io:i;;,-  Iiistory  and,  more  remotely,  for  works  which  iiivc-stigate 
sin^^Ie  ;  •  .  :.i]  I'.eNK  of  jx.litical  economy.  To  these  last  belongs  the 
prese-nt   tj(;ok.      It   is  ;i  verv  careful  i)iece  of   work,  and  is  worthvthc 

[97=] 


Municipal  Government  in  Great  Britain.    145 

itillest  recognition  inaanudi  m  it  cnltivrntes  a  field  which  has  been  lying 
quite  fallow.  In  the  first  volume  the  author  ioTcatigBtct  in  general 
the  rise  of  house-industry,  which  in  many  profrincet  of  Anstria  still 
continues  to-day  to  be  the  only  form  of  industrial  employment.  He 
•hows  how  the  local  house-industry,  which  had  Bpnxng  up  here  and 
there,  could  develop  to  a  considerable  degree  only  through  the  appear- 
ance of  mediators  between  work  and  its  market.  We  have  even  to- 
day in  Austria  a  double  form  of  house-industry— one  which  sells  its 
commodities  only  by  peddling,  the  peddlers  being  recndtod  from  tbe 
families  of  the  producers ;  and  a  house-industry  whoM  *^wtwtmllflM 
reach  the  market  through  strange  agents,  through  mcrdiaata,  and 
finally,  through  the  enirepreneur  ('•Verleger ").  Only  this  li^ 
method  of  sale  enables  the  house-industry  to  thrive  greatly. 

In  the  second  volume  the  author  treats  a  subject  that  might  also 
awaken  a  keen  interest  in  America  ,  he  gives  us,  namely,  a  detailed 
account  of  the  origin  and  development  of  the  Viennese  pearl  buttoo 
industr>%  which,  till  recently,  as  is  well  known,  exported  its  producto 
in  large  quantities  to  America  and  whoae  stability  latterly  has  received 
a  severe  blow  through  a  customs  regulation  of  the  United  States.  Tbe 
author  gives  us  a  description  of  how  the  raw  material  is  procured 
(shell  fisheries),  how  this  was  worked  up  in  the  Orient  and  how  the 
same  process  began  in  Austria  at  the  comiiieiicemeut  of  the  last  century. 
Then  he  portrays  the  condition  of  the  master  workman  in  the  shell- 
turning  industry,  and  the  transition  of  this  handicraft  into  a  house- 
industry.  This  last  form  was  more  advantageous  to  the  entreprtneur 
and  was  encouraged  by  him  in  his  capacity  of  "  contractor."  Only 
through  these  "  contractors  "  was  it  possible  for  the  pearl  bnttooa  of 
Vienna  to  become  one  of  the  most  important  export  artklca  tent  from 
Austria  to  America.  Because  of  the  great  importance  of  thia  braodi 
of  industry  for  Vienna,  the  author  goes  into  a  detailed  aocooBt  of  the 
social  status  of  the  masters  as  well  as  of  the  journeymen  and  wotkmm 
in  this  trade. 

We  hope  that  the  author  may  soon  gratify  us  with  the  account  of 
other  branches  of  Austrian  industry,  and  so  enrich  the  history  of  tbe 
work  of  the  Austrian  people  by  further  valuable  cootribotioBt. 

LUDWIO  GUUCPIjO'lilCl. 
(Translated  by  Rush  C  8sacrLa.) 


Municipal  Government  in  Great  Britain.    By  Albsrt  Sbaw.    Ppi 
375.     Price,  $2.00.    New  York:  Century  Company,  1895. 
A  number  of  recent  publications  on  municipal  govtnnMBt  ead  ImII- 

tations  seem  to  show  that  the  literature  of  this  mb|cct 

[973] 


146  Annai^  of  the  American  Academy. 

a  new  stage  of  development  For  a  long  time  our  main  source  of 
information  was  a  series  of  disconnected  essays  and  magazine  articles 
critical,  rather  than  descriptive,  in  character.  Directed,  as  a  rule, 
against  specific  abuses  they  lack  the  breadth  of  more  general  treat- 
ment. Not  that  we  have  as  yet  emerged  from  this  stage.  There  are 
indications,  however,  that  the  period  of  careful  and  detailed  descrip- 
tion  and  analysis  has  been  reached.  Even  here,  it  is  true,  it  has  been 
the  legal  rather  than  the  economic  aspects  of  city  government  that 
have  received  attention.  Such  questions  as  the  relation  of  the  State 
to  the  mimicipality  ;  the  legal  powers  of  the  latter ;  its  rights  and  lia- 
bilities have  received  careful  scientific  treatment  at  the  hands  of  a 
number  of  distingfuished  jurists. 

On  the  other  hand,  we  have  but  very  few  attempts  to  treat  with  any 
degree  of  completeness  the  economic  problems  that  confront  our 
cities ;  especially  the  great  centres  of  population.  The  relation  of  the 
activities  of  the  municipality  to  the  question  of  social  progress  still 
awaits  the  attention  of  the  economist.  In  theories  of  social  prosperity 
this  element  must  occupy  an  increasingly  important  position.  Com- 
paratively small  changes  in  municipal  policy  ;  a  very  slight  increase 
in  the  concerted  action  of  the  community  often  means  a  new  standard 
of  wants  and  with  it  of  comforts  to  large  classes  of  the  population. 
Condemnation  proceedings  against  the  worst  slmn  districts,  careful 
building  regulations,  a  strict  enforcement  of  sanitary  requirements, 
etc.,  involve  but  little  effort  when  compared  with  the  change  that 
would  be  effected  in  the  daily  life  of  our  urban  population.  No 
treatment  with  the  economic  side  of  municipal  activity  will  accom- 
plish its  purpose  unless  it  fully  illustrates  this  fact.  It  is  because 
Dr.  Shaw's  book  does  this  that  it  will  be  of  permanent  value  to 
all  who  are  interested  in  the  manifold  problems  of  social  progress. 
In  thus  meeting  the  full  requirements  at  a  first  attempt,  in  a  field 
of  work  hitherto  unoccupied.  Dr.  Shaw  has  done  a  great  service 
to  those  who  are  to  follow  him  in  work  of  a  similar  character.  Per- 
haps the  greatest  merit  of  the  book  is  a  rare  ability  in  so  grouping 
facts  as  to  give  them  their  deepest  interest  and  most  suggestive  influ- 
ence. This  is  especially  true  in  the  chapters  dealing  with  individual 
cities,  such  as  Loudoil,  Glasgow,  Birmingham  and  Manchester.  With- 
out any  conscious  attempt  to  contrast  the  English  with  the  American 
development  the  author's  skillful  presentation  calls  forth,  almost 
involuntarily,  a  contrast  with  the  method  of  dealing  with  similar 
problems  in  the  larger  American  cities.  Dr.  Shaw  has  clearly  dem- 
onstrated the  possibility  of  giving  a  concise  and  yet  fairly  complete 
description  of  the  activities  of  a  municipality  in  such  a  way  as  to 
interest  the  average  reader.      To    do  this,   however,   he  has  been 

[974] 


Municipal  Government  in  Great  Britain.     147 

compelled  to  restrict  the  descriptions  to  necesMuy  facts,  giving  but  few 
details  as  to  the  development  of  policy  in  various  municipal  depart* 
ments,  a  method  which  would  have  been  dearly  impossible  within  the 
comparatively  short  space  of  one  volume. 

The  present  condition  of  municipal  government  in  England,  as 
described  by  the  author,  presents  many  curious  and  interesting  com- 
parisons with  our  own  conditions.  The  English  munidpalitiea,  in 
their  form  of  administration,  do  not  depend  upon  any  system  of 
"checks'*  and  "balances,"  such  as  we  have  thought  mcesMry  to 
incorporate  into  our  form  of  city  government.  In  matters  of  local 
government,  they  have  not  taken  their  inspiration  from  the  form  of 
central  government ;  dearly  recognizing  that  the  peculiar  nature  of 
the  problems  to  be  solved  by  the  munidpalities  made  it  imposiible, 
and  if  possible,  undesirable,  to  hamper  the  action  of  the  community 
by  means  of  a  bicameral  system  and  an  executive  veto.  We  are  made 
to  feel  that  positive  action  is  the  great  desideratum  where  the  char- 
acter of  the  work  is  purdy  economic  an4  administrative ;  however 
desirable  a  system  of  checks  may  be  in  political  action.  In  other 
words,  the  distrust  of  representative  institutions  has  not  found 
its  expression  in  the  form  of  munidpal  government  in  England,  as  it 
has  in  the  United  States.  There,  the  town  council  is  looked  upon  as 
representative  of  the  body  of  citizens  or  burgesses,  and  to  this  popular 
body  complete  control  over  local  affairs  is  given.  As  a  result,  we  find 
local  powers  concentrated  in  the  town  coundl,  with  the  detailed 
administrative  control  in  the  hands  of  committees  of  the  local  legis- 
lature. 

The  tendency  of  munidpal  government  in  this  country  is  in  exactly 
the  opposite  direction.  The  history  of  American  dtics  during  the  laA 
twenty  years  might  well  be  called  the  history  of  the  dedine  and  fall 
of  the  town  coundl.  In  none  of  our  large  dties  at  the  present  time 
does  the  city  cotmcil  exerdse  anything  like  the  powers  it  enjoyed 
twenty  years  ago.  At  first,  stripped  of  its  appointive  powers ;  then,  of 
its  more  important  financial  functions  ;  and,  finally,  of  the  power  of 
confirmation  of  mayoralty  appointments, — it  has  oome  to  be  a  mere 
shadow  of  its  former  sel  f.  This  is  the  case  in  New  York  and  Brooklyn  ; 
it  is  the  tendency  of  all  changes  in  Philadelphia ;  and  will,  aodoobl, 
reed ve  acceptance  in  Boston  in  a  very  short  time.  The  idea  of  con- 
centrating power  in  the  hands  of  one  man,  namely,  an  elective  mayor, 
has  never  found  acceptance  in  any  of  the  European  dties.  While  the 
momentary  needs  of  the  hour  may  have  dictated  this  step  to  moat  of 
our  cities,  yet  we  ought  consdously  to  iace  the  fitct  that  it  is  leading 
us  farther  and  farther  from  the  earlier  democratic  ideals,  and 
that  it  is  closing  the  way  to  an  improvement  in  the  charact«  of  <wr 

[975] 


148  Annai<s  of  the  American  Academy. 

city  councils.  It  is  true  that  in  the  system  we  have  adopted,  the  office 
of  mayor  will  appeal  to  the  ambition  of  some  of  the  better  elements  in 
our  communities  ;  but  it  is  equally  true  that  the  office  of  councilman 
will  be  definitely  relegated  to  the  mercies  of  the  obscure,  if  not  unde- 
sirable elements  of  the  population.  The  contrast,  then,  between  the 
English  and  American  cities,  is  as  great  as  one  can  readily  imagine. 
The  fact  of  the  complete  failure  of  the  attempt  to  govern  our  cities  on 
something  of  the  same  plan,  merely  proves  that  a  form  of  government 
which  requires  the  co-operation,  and  the  active  co-operation,  of  a 
large  number  of  citizens,  becomes  unworkable  as  soon  as  the  char- 
acter of  the  men  who  are  drawn  into  the  administration,  falls  below  a 
certain  point 

Dr.  Shaw  gives  an  inspiring  picture  of  the  municipal,  or  perhaps 
more  exactly  described,  the  social  activities  of  Glasgow,  Manchester 
and  Birmingham.  The  far-sighted  policy  in  planning  a  system  of 
drainage  and  water-supply,  adequate  to  the  needs  of  a  growing  popu- 
lation, stands  in  direct  contrast  with  the  experience  of  some  American 
cities  in  expending  large  sums  upon  poor  sources  of  supply,  and  in 
constructing  a  drainage  system  on  a  patch-work  plan,  rather  than  in 
accordance  with  a  complete  organic  scheme.  When  Manchester 
determines  to  go  to  Wales  for  a  water-supply  ;  when  Birmingham  con- 
templates the  same  thing,  it  is  with  the  idea  of  creating  a  supply 
which  will  meet  any  possible  need  for  generations  to  come. 

No  less  characteristic  of  this  far-seeing  policy  is  the  demolition  of 
entire  sections  of  the  city  in  order  to  give  air,  light  and  health  to  the 
poorest  and  most  degraded  portions  of  the  community,  and  thus  to 
raise  the  tone  of  social  morality  throughout  the  city.  While  the 
expenditure  for  these  purposes  has  been  very  large  in  both  Glasgow 
and  Birmingham,  especially  when  we  consider  the  fact  that  the  entire 
work  was  done  within  a  very  few  years,  yet  the  return  to  the  com- 
munity will  be  hundred,  if  not  thousand-fold  in  the  saving  of  human 
energy  and  in  the  lessening  of  human  suflfering.  But  even  from  a 
purely  financial  standpoint  these  expenditures  represent  by  no  means 
unprofitable  investments. 

Dr.  Shaw's  treatment  of  the  government  of  London  is  one  of  the 
most  satisfactory  in  the  book.  In  perhaps  no  other  city  in  the  world 
has  there  existed  so  complete  a  chaos  of  authorities.  The  discussion 
of  the  relation  of  these  authorities  to  one  another  is  a  model  of 
clearness  and  precision  of  exposition.  The  work  of  the  London 
County  Council  and  the  magnitude  of  the  problems  with  which  Lon- 
don's great  aggregation  of  population  is  confronted,  receive  careful 
treatment ;  the  possibilities  and  limitations  being  clearly  recognized. 

On  the  whole,  this  book  which  is  to  be  followed  by  another  dealing 

[976] 


RoGBR  Williams.  149 

with  continenUl  cities,  gives  us  ft  most  inspiring  pictwv  of  the  po«i- 
bilities  of  an  intense  munidpftl  life,  ss  we  find  it  in  the  English  dtieii 
Without  undue  praise  of  Bngltsh  institutions,  or  dispan^ontat  of 
those  of  our  own  country,  it  is  evident  that  Dr.  Shaw  tdtj  nallMt 
the  fact  that  the  government  of  munidpalities  is  dep«Mknt  vpon  tho 
men  who  take  an  active  part  in  the  work,  and  that  Um  tp/btm  which 
brings  the  government  in  closest  contact  with  thepeopteit,  intbcloog 
run,  the  safest  and  most  permanent  basb  of  derelopncaL  The  book 
oontains  so  much  of  interest  to  the  economist  and  fftrtftk?f<it,  as  well 
as  to  the  student  of  local  institutions,  that  these  brief  lefereuces  to 
various  portions  of  the  book,  give  but  a  very  faint  idea  of  the  valne 
and  interest  of  the  material  which  has  thns  been  placed  befon  the 
American  public  in  most  attractive  and  readable  form, 

L.  S.  Rows. 

University  nf  Ftnmytvania. 


Roger  Williams,  the  Pioneer  of  Religious  Liberty.     By  Okar  8. 

Straus.    Pp.  257.    Price,  $1.25.     New  York:  Century  Company, 

1894. 

The  resolution  to  be  impartial  does  not  always  avail  in  dealing 
with  men  who  have  been  much  loved  or  much  hated,  for  the  beeit 
finds  argimients  which  often  escape  the  critical  eyes  of  the  judgment 
It  seems  that  Mr.  Straus  has  not  escaped  some  of  the  subtle  infln> 
ences  produced  by  his  admiration  for  the  noble  battle  of  his  hero 
against  the  ecclesiastical  system  of  Massachnsetts.  This  appean  in 
the  preface  where  Roger  Williams  is  set  in  the  same  rank  with  Luther 
and  Cromwell ;  it  hardly  seems  necessary  to  afgne  that  the  rrlatiwi  of 
Williams  to  "The  BsUblishment  of  ReUgioos  Liberty"  ia  aoC  fidriy 
indicated  by  suggesting  it  be  the  same  as  that  of  Lntber  to  the 
Reformation,  and  that  of  Cromwell  to  the  Puritan  Revolntioo.  This 
defect  appears  most  prominently  perhaps  in  the  great  cofntroversy 
between  Williams  and  the  MsssachnsetU  anthoritiesi  la  general  it 
may  be  said  that  nowhere  does  Roger  Williams  fall  under  the  i 
criticism  and  nowhere  do  the  authoritica  oome  in  for  ^  ^a. 
the  latter  do  not  deserve  mnch  commendatko  for  anythiaf  aaid  or 
done,  but  it  is  hardly  conceivable  that  Williams  oooaittad  bo  erron 
of  either  heart  or  mind.  Very  few  writers  npoo  thia  eootrofony  leave 
out  the  political  influences  operating  upon  the  General  Oonit  in  trying 
and  sentencing  Williams,  and  while  some  New  Bngland  writers  may 
have  pkced  too  much  emphasis  upon  them,  in  Ofder  to  relieve  the 
PuriUns  of  the  charge  of  religious  peraecntion.  yet  one  can  hardly 
justify  the  author  in  ignoring  the  probable  effect  of  Williams*  teach- 
ing and  acts  upon  England,  as  a  cause  of  his  treatment     Again,  the 

[977] 


I50  Annai^  of  the  American  Academy. 

author  places  much  emphasis,  as  perhaps  he  ou^t,  upon  the  fact  that 
the  ministers  were  almost  unanimous — only  one  dissenting  voice — in 
recommending  that  the  offender  be  banished  ;  but  one  is  forced  to  ask 
why  the  vote  of  the  authorities  in  giving  sentence  is  not  placed  in  evi- 
dence. Now,  the  vote  did  not  show  a  large  majority  in  favor  of  ban- 
ishment, and  the  large  minority  against  banishment,  in  spite  of  the 
recommendation  of  the  ministers,  is  most  significant  The  omission 
of  this  vote,  and  some  other  facts,  leaves  the  reader  under  the  impres- 
sion that  Roger  Williams  had  few  sympathizers  in  Massachusetts,  and 
that  he  alone  of  all  those  Puritans  longed  for  liberty.  The  truth  is 
that  he  was  a  bold  and  outspoken  leader  of  a  rising  party  among  the 
Puritans  who  were  beginning  to  think  and  act  even  in  opposition  to 
the  authorities,  and  who  represented  the  progressive  spirit  of  Puritan- 
ism. This  controversy  was  only  one  of  a  series  of  events  whose  true 
interpretation  shows  a  movement  which  gave  an  increasing  degree 
of  political,  religious,  social,  and  industrial  freedom  to  the  people  of 
New  England. 

Aside  from  the  faults  indicated  above— mostly  faults  of  omission— 
the  work  is  a  meritorious  one  and  well  repays  perusal.  It  has  the 
merit  of  throwing  into  the  narrative,  without  breaking  its  continuity, 
a  large  number  of  pertinent  quotations  from  the  writings  of  the  great 
man  whose  contribution  to  religious  and  political  freedom  is  very  satis- 
factorily traced  in  the  history  of  the  colony  founded  after  the  banish- 
ment. W.  H.  Macb. 


Cases  on  Constitutional  Law.    By  James  Bradi^ky  Thayer,  LL.  D. 

Parts  III  and  IV.     Pp.  945-2434.     Price,  $7.50.     Cambridge,  Mass. : 

C.  W.  Sever,  1894,  1895. 

The  same  general  criticism  made  of  the  first  two  parts  of  this  work* 
is  equally  applicable  to  the  concluding  portions  which  have  now  been 
issued  ;  or,  if  anything,  the  approval  then  given  to  Professor  Thayer's 
invaluable  collection  of  cases  should  be  emphasized.  In  these  last 
two  parts  the  subjects  included  are  Right  of  Eminent  Domain  ;  Taxa- 
tion ;  Ex  Post  Facto  and  Retroactive  Laws ;  State  Laws  Impairing  the 
Obligation  of  Contracts  ;  Regulation  of  Commerce  ;  Money,  Weights, 
and  Measures ;  War,  Insurrection,  and  Military  Law. 

It  is  safe  to  say  that  in  its  final  shape  of  two  large  volumes  of  nearly 
2500  pages,  the  teacher  and  student  of  American  government  will  find 
here  a  collection  of  cases  on  constitutional  law  absolutely  indispen- 
sable to  a  fundamental  understanding  of  our  institutions.  It  is  for- 
tunate, too,  that  in  many  instances  dissenting  opinions  have  been 

•  See  Anw ALS,  vol.  V,  p.  310 ;  September,  1894. 

[978] 


Augusts  Comtb.  151 

given,  along  with  the  decisions  of  the  court,  not  only  to  indicate  tht 
groands  upon  which  able  jurisu  were  unable  to  concur  in  the  views 
of  their  associates,  and  thus  present  both  sides  of  the  caw.  but 
also,  if  one  may  presume  to  assert  as  much,  because  the  opinions  of 
the  minority  are  sometimes  thought  to  be  better  law  than  are  those 
of  the  majority.  An  instructive  illustration  of  the,  at  least  consider- 
able, weight  to  be  given  to  dissenting  opinions  may  be  seen  in  such 
classical  cases  as  the  three  leading  legal-tender  decisions,  aad  likewise 
in  one  of  the  most  recent  decisions  of  the  Supreme  Court  of  the 
United  States,  the  oleomargarine  case  of  Plomlcj  m.  MaiMclraMttiu 
rendered  December,  1894,  sustaining  a  statute  of  Mssmi  liiimti  whk^ 
forbids  the  sale  of  oleomargarine  colored  in  imiution  of  yellow  but^ 
ter,  even  though  plainly  stamped  and  sold  for  what  it  really  isw 

One  cannot  but  repeat  that  Professor  Thayer  has  readeted  aa  iaee* 
timable  service,  not  to  his  own  profession  akme,  bat  to  teecbers  of 
American  history  and  government  as  well,  in  the  poblication  of  this 
work.  That  no  pains  have  been  spared  to  bring  it  down  to  date,  it 
may  be  mentioned  that  the  fourth  part,  which  was  in  the  book  stoces 
March  20,  contains  extended  extracta  from  a  decision  of  the  United 
States  Supreme  Court  of  March  4. 

As  these  volumes  are  intended  primarily  for  law  ThiTf^it.  their  siae 
and  price  ^nll  prevent  them  from  being  introduced  into  ooOcge  work ; 
we  trust,  therefore,  that  Professor  Thajrer  will  deem  it  worth  while  to 
make  a  selection  from  these  cases,  accompanied  by  notes  and  brief 
discussions,  adapted  for  the  use  of  college  classes,  so  that  students  of 
American  histor>'  may  also  get  some  accurate  knowledge  of  American 
constitutional  law. 

Chajoxs  p.  a.  Curuss. 


Auguste  Comie  und  seing  Bedeutung  fur  dU  Enhvicktmmg  d£r  Soasi* 

wissenscha/l.  Von  Dr.  H.  WAEirric.  Staats-  nnd  social wiaenschsfl- 

liche  Beitnige,  herausgegeben  von  A.  von   MiaskowskL    Vol.   II, 

Na  I,  Pp.  393.     Leipzig :  Duncker  &  Hnmblot,  1894. 

Germany  begins  later  than  other  countries  to  concern  itself  with 

sociology.     Hitherto  this  science  has  met  with  great  distrust  in  the 

German  universities,  and  Auguste  Comte  has  been  almost  mikaoiwii. 

Only  very  recently,  since  Herbert  Speneer  eroitil  ia  Germesy  an 

'Interest  in  sociology,  has  the  French  founder  of  soeiolQgy 

the  subject  of  scholsrly  investigation,  in  the  present  book 

been  done  with  a  thoroughness  which  makes  compli 

past  neglect  on  this  point.    The  author  gives  ns  en 

of  Comte  such  as  no  other  European  literatnre  as  yet 

[979] 


152  Annals  of  the  American  Academy. 

book  is,  however,  much  more  than  a  monograph  on  Comte  ;  it  is  at 
the  same  time  a  very  conscientious  examination  of  sociology  as  a 
science,  and  it  will  undoubtedly  contribute  much  to  the  introduction 
of  this  study  into  Germany. 

After  briefly  sketching  Comte's  forerunners  in  France  as  well  as  in 
the  rest  of  Europe,  particularly  Turgot  and  the  German  writers  of 
the  philosophy  of  history,  the  author  describes  Comte's  character  and 
general  point  of  view.  Then  he  gives  us  a  detailed  account  of 
Comte's  social  teachings,  and  after  this  investigates  the  influence 
exerted  by  Comte's  doctrines  upon  the  principles  of  social  science  in 
France,  England  (together  with  America)  and  Germany.  It  was  in 
England  that  Comte  exercised  the  most  pronounced  influence  ;  there 
he  found  his  greatest  follower  in  Herbert  Spencer.  In  conclusion  the 
author  examines  critically,  though  with  sympathetic  appreciation, 
Comte's  services  to  the  social  science  of  our  century. 

In  the  course  of  his  investigation,  the  author  draws  into  the  circle 
of  his  observation  all  the  newer  sociological  literature  of  Europe  and 
America,  and  thereby  furnishes  us  with  an  introduction  into  the  study 
of  sociology,  such  as  the  German  literature  has  never  before  possessed. 
In  doing  so,  the  writer  has  met  a  very  perceptible  want. 

The  book  forms  one  of  the  "Studies  in  Political  and  Social 
Science,"  edited  by  Professor  von  Miaskowski  in  Leipzig.  This  fact 
proves  anew  what  was  already  sufl&ciently  well  known  from  the  econ- 
omic writings  of  von  Miaskowski,  that  this  eminent  economist  takes 
by  no  means  so  repellant  an  attitude  toward  sociology  as  do  the 
majority  of  his  fellow  economists  in  Germany.  On  the  contrary,  in 
his  economic  writings  he  has  often  allowed  himself  to  be  guided  by 
sociological  ideas  ;  and  now  by  the  publication  of  Waentig's  book,  he 
has  done  sociology  a  great  service. 

Nay,  indeed,  it  seems  it  is  at  the  University  of  Leipzig  that  sociol- 
ogy, elsewhere  sadly  neglected,  is  experiencing  a  marked  advance- 
ment. Another  instructor  of  this  university,  Paul  Barth,  the  author 
of  an  excellent  book  on  the  "  Philosophy  of  History  of  Hegel  and  the 
Hegelians,"  in  pursuing  his  historico-philosophical  and  sociological 
investigation,  has  published  *  a  ''Critique  of  the  Fundamental  Prin- 
ciples of  Herbert  Spencer's  Sociology."  If  we  add  that  Simmel,  an 
instructor  at  the  University  of  Berlin,  has  likewise  published  some 
sociological  studies,  we  may  venture  the  supposition  that  now  in  Ger- 
many the  ban  which  rested  upon  sociology  is  lifted,  and  that  a  fortu- 
nate change  of  view  in  regard  to  this  science  will  ensue. 

But  as  to  what  German  diligence  and  German  thoroughness  can 

•  In  the  VierUljahrschrift  fur  Philosophie  von  Avenarius. 

[980] 


AUGUSTR  COMTB.  1 53 

accomplish  when  they  are  directed  to  a  definite  intellectual  field, 
brilliant  proof  is  given  by  Waentig'i  work  on  Comte. 

LuDwio  Guuruowjcz. 

(Trmiulatcd  by  Sllbj*  C  ftascruL) 

In  view  of  the  exhaustive  critidam  to  which  Comtc  hat  beta  aab> 
jected  by  Spencer,  Cairds,  Ward  and  others,  the  moat  interesting 
part  of  Waentig's  book  for  the  English  reader  is  his  critical  ezpoaitioa 
of  the  sociological  literature  of  Prance,  Germany,  Bngland  and  Amer- 
ica, in  its  relation  to  the  social  teachings  of  the  Poaitiv*  Philoaophy. 
The  author  finds  that  in  Prance  the  idealistic  school,  *»fHnf  •■  it 
does  the  characteristic  stamp  of  French  thought,  and  the  riMrira! 
economists  with  their  deducti>*e  method  had  little  la  T**ntinAn  with 
Comte.  He  therefore  met  only  faint  appredatioo  at  the  haada  of  hit 
conntr^nnen  till  the  rise  of  the  new  natoralittic  or  realistic  icfaooL 
The  tendency  of  this  school  is  not  to  be  attributed  exclusively  to 
Comte's  influence,  especially  as  there  are  many  elements  in  the 
realism  of  Comte  which  are  antagonistic  to  the  modem  spirit ;  still 
it  would  be  quite  as  unfair  to  ignore  the  many  points  of  agreement 
which  unite  Comte  with  the  modern  tendency,  particularly  as  the 
evidences  of  his  influence  are  not  few  nor  indistinct.  The  author 
thinks  that  Taine,  as  '  *  the  historian  of  environment, ' '  may  be  regarded 
as  a  follower  of  Comte. 

In  contrast  with  the  lukewarm  reception  accorded  Comte's  writing! 
in  Prance,  in  England  their  appearance  was  an  epoch-making  event 
Those  very  elements  in  the  Poaitive  Philoaophy  which  were  antagonis- 
tic to  Prench  idealism,  gained  for  Comte  many  adherents  **  among  the 
followers  of  Bacon,  with  their  eyes  fixed  upon  the  concrete,  the  real." 
Moreover,  the  progress  of  natural  science  in  England  through  the  work 
of  Darwin  and  Wallace  opened  a  way  for  him  there  ;  and  ti 
Ing  protettt  against  the  teachings  of  the  clasncal  school  of 
could  not  fail  to  make  an  audience  for  a  man  who  had  alwajrt 
openly  hostile  to  that  school.  England  needed  to  fat  its  stimnlnt  I 
without :  the  impulse  aroused,  "  the  modem  dtttlopSMBt  of 
science  in  England  has  consisted  chiefly  in  the  BrttMJon  tad  da  flop- 
ment  of  the  social  teachings  of  Comte." 

According  to  the  author's  view,  sociology  in  America,  alao,  has  felt 
Comte's  influence.  Carey  had  much  in  common  with  him,  tboogh  be 
rejects  the  laUer's  historical  method  tad  sabtlitutea  the 
method,  which  brings  Umaetrer  to  the  BdgitaQaelekt  **A 
and  abler  advocate  the  new  sdeact  hat  found  in  the  persoa  of  F.  H. 
Giddinga,  in  whom  many  faiiiltiHfttl  prindplct  of  Comte  tppetr, 
bttt  whose  method  of  "  psydiologictl  syatbesit"  b  opposed  to  that 

[981] 


154  Annaxs  of  the  American  Academy. 

pursued  by  Comte.  The  work  of  lyester  Ward,  in  the  opinion  of  the 
author,  is  more  unified  and  better  rounded  out  than  that  of  Comte 
and  Spencer,  **  the  process  of  scientific  crystallization  having  developed 
farther  in  him."  Though  he  acknowledges  his  debt  to  his  predecessors, 
and  his  work  stands  in  close  connection  with  theirs,  it  cannot  be  said 
to  lose  originality  on  that  account. 

The  author  accounts  for  Comte's  being  so  little  known  in  Germany 
by  the  fact  of  the  affinity  between  the  social  teachings  of  German 
scholars  and  of  Comte,  due  to  a  similarity  of  method  and  point  of 
view.  The  historical  bent  of  the  German  mind  began  to  manifest 
itself  nearly  synchronously  with  the  positivism  of  Comte  ;  the  results 
showed  naturally  many  coincidences,  which  were  the  outcome  of  a 
chance  independent  parallel  development  To  the  Germans,  there- 
fore, Comte  did  not  represent  a  wholly  new  idea  as  he  did  to  the 
English.  Moreover,  the  strained  political  relations  between  France 
and  Germany  aflFected  even  intellectual  intercourse  between  the  two 
countries ;  and  the  well-known  French  predilection  for  an  abstract 
treatment  of  social  questions  may  have  deterred  German  readers  from 
acquainting  themselves  with  any  French  work  on  social  science. 

Waentig's  criticism  of  Comte  as  well  as  of  the  later  sociologists  is 
given  on  the  basis  of  an  almost  exhaustive  knowledge  of  the  literature 
of  the  whole  subject,  and  his  opinions  are  marked  by  impartiality  and 
keen  discernment. 

Louisville,  Ky.  El,I*EN  C.  SEMPI.E. 


American  Charities.    By  Amos  G.  Warner.    Pp.430.    Price,  |i.  75. 

New  York  and  Boston.     T.  Y.  Crowell  &  Co.,  1894. 

This  is  the  first  comprehensive  treatise  on  this  subject  which  is  at 
once  scientific  and  popular.  It  is  both  in  a  high  degree,  not  a  com- 
promise between  the  two.  The  writer  has  rare  qualifications  for  his 
work.  To  the  most  thorough  collegiate  and  university  training  he 
has  joined  several  years'  practical  experience  in  work  of  this  kind,  first 
in  connection  with  the  Charity  Organization  Society  of  Baltimore,  and 
later  as  Superintendent  of  Charities  for  the  District  of  Columbia. 
His  keen  observation  and  rare  good  sense  have  enabled  him  to  profit 
to  the  utmost  by  these  exceptional  opportunities.  It  is  probably  an 
advantage  also  that  he  has  now  withdrawn  from  the  work  and  can 
decide  questions  with  disinterestedness  from  an  academic  chair,  undis- 
turbed by  the  heat  of  controversy. 

Part  I  is  "  Introductory  and  Theoretical."  After  a  brief  chapter  by 
way  of  historical  introduction  comes  the  discussion  of  the  causes  of 
poverty  and  the  personal  and  social  causes  of  individual  degeneration. 

[982] 


Ahbrican  Charitihs.  155 

While  large  attention  is  given  to  Dugdale.  the  book  certainly  carries 
the  discussion  a  step  farther  than  previous  writer*  have  done.  On  the 
all-important  question  of  heredity  nothing  very  conclusive  can  be  said 
till  clearer  light  is  thrown  upon  the  controverted  theory  of  Weisa- 
mann.  The  inheritance  of  acquired  defects  ia  involved  in  the  (paealkMi 
of  the  transmission  of  acquired  characters  generally,  a  qncition  now 
undecided.  If  Weissmann  is  correct  in  claiming  that  there  la  no  mch 
transmission,  then  Dugdale's  conclusion  that  hereditary  degcncfatioa 
is  but  the  cumulative  restilt  of  long  standing  nnfinvorable  environment 
is  erroneous.  Likewise  all  efforts  to  improve  pauper  stock  by  im- 
proved surroundings  are  fruitless  of  lasting  good.  Elimination  is  the 
only  possible  line  of  progress.  With  the  question  of  the  redcemability 
of  pauper  stock  unsettled  the  whole  problem  of  charity  seems  to  be 
held  in  abeyance.  With  characteristic  sense,  however,  the  writer  sees 
a  line  of  procedure  adapted  to  either  conclusion.  Whether  bad  stock 
csn  be  bred  up  to  soundness  or  not,  it  is  not  the  best  for  breeding 
purposes  and  its  reproduction  should  be  humanely  prevented.  Again, 
whether  personal  improvement  can  be  transmitted  or  not,  it  is  enjoined 
upon  us  in  the  interest  of  the  individual  himself  and  equally  in  the 
interest  of  those  subjective  factors  upon  which  the  existence  of  society 
depends.  Our  program  is  therefore  a  plain  one ;  humane  treatment 
of  the  constitutionally  degenerate  with  greater  emphasia  upon  perma- 
^ent  custodial  care  as  tending  to  painless  extinction  of  undesirable 
ock.  Other  questions  are  discussed  with  equal  thoroughness  and 
^  ith  equally  satisfactory  outcome. 

Part  II  treats  of  practical  methods  of  dealing  with  the  diffetent 
A-pendent  classes.  This  is,  perhaps,  the  most  satisfiictory  part  of  the 
<x>k.  The  writer  examines  dispassionately  the  arguments  in  favor  of 
indoor  and  outdoor  relief  and  pronounces  emphatically  in  favor  of  the 
former,  not  only  as  more  deterrent  and  ultimately  more  economical, 
but  as  alone  permitting  the  indispensable  restriction  of  repfoducttoa 
already  mentioned.  All  the  usual  classes  are  considered,  the  dbapbu 
on  Dependent  Children  being  especially  good. 

Philanthropic  Financiering  is  the  subject  of  Part  III  tad  itndf« 

here  so  far  as  we  know  its  only  adequate  treatment.     PbOowinc  tht 

■  scussion  of  the  relative  merits  of  public  and  private  charities  sad  of 

idowments  is  an  admirable  and  much  needed  chapter  on   PabUe 

ubaidies  to  Private  Charitiesi    The  writer  is  entiiely  free  from  secta- 

m  or  professional  bias  and  his  moderation  enhances  the  force  of  the 

nclnsions  to  which  (acts  irresistibly  force  na.    This  chapter  in  con- 

Lsrtion  with  that  on  Dependent  Children  gives  an  almost  nnparaUekd 

\  ample  of  mismanagement. 

Three  chaptexs  on  the  snpervisk>n,  orgnrisatioii  and  betterment  of 

[983] 


156  Annai^  of  the  American  Academy. 

charities  fittingly  complete  the  text  which  is  followed  by  an  index  and 
a  valuable  bibliography. 

It  is  impossible  to  do  justice  to  so  excellent  a  book  in  a  brief  review. 
It  is  just  what  we  want.  I  have  called  it  both  scientific  and  popular. 
I  believe  no  scientific  conclusions  of  importance  have  been  overlooked 
or  misstated  in  the  preparation  of  the  book.  It  is  both  up  to  date 
and  discriminating.  On  the  other  hand  it  is  thoroughly  readable  and 
interesting.  People  who  are  interested  neither  in  science  nor  charity 
will  find  the  book  interesting,  even  fascinating  at  times.  And  withal, 
there  are  few  subjects  where  intelligence  is  more  needed.  The  widest 
possible  acquaintance  with  book  is  greatly  to  be  desired.  It  is  admira- 
bly adapted  for  use  as  a  college  text-book. 

H.  H.  Powers. 


Sam  Houston  and  the  War  of  Independence  in  Texas.    By  Alfred 

M.  Wii^WAMS.     Pp.  vii,  405.    Price,  %i.qo.    Boston  and  New  York : 

Houghton,  Mifflin  &  Co.,  1893. 

This  book  deals,  as  its  title  indicates,  primarily  with  the  life  of 
Houston  and  secondarily  with  the  War  of  Independence  in  Texas. 
About  one-third  of  the  total  space  is  given  to  this  war.  The  char- 
acter of  Houston  is  painted  in  sharp  outline,  and  the  delineation  is, 
in  the  main,  historically  correct,  though  the  shading  might  have 
been  made  a  little  more  complete  and  satisfactory.  The  material  has 
been  well  considered,  and  no  part  of  it  seems  to  have  been  neglected. 
Personal  reminiscences  and  stories  relative  to  Houston  current  among 
the  survivors  of  his  generation  have  been  drawn  upon  extensively. 

The  account  of  the  war  is  a  condensed  and  broadly  faithful  tracing 
of  the  current  of  events  during  that  period.  The  narrative  flows  along 
in  a  fairly  easy  and  pleasant  way  ;  but  it  is  marred  now  and  then  by 
rather  serious  faults  of  style  consisting  most  frequently  in  confused 
forms  of  expression. 

The  book  contains  several  typographical  errors,  such  as  "  Nachi- 
doches,"  p.  57,  for  Nacogdoches.  By  some  kind  of  slip  1835  on  p. 
128  and  again  on  p.  155  is  put  for  1836.  Other  slips  are  more  serious. 
It  is  not  true,  as  stated  on  p.  231,  that  the  short-lived  Texas  Railroad, 
Navigation  and  Banking  Company  agreed  to  pay  no  more  for  its  privi- 
leges than  a  bonus  of  125,000.  It  was  to  pay  also  lyi  per  cent  of  its 
net  profits  per  annum  and  was  to  furnish  the  government  free  trans- 
portation for  soldiers  and  munitions  of  war.  The  statement  that 
Houston  repulsed  an  attempt  to  bribe  him  to  support  the  bill  incor- 
porating the  company  and  then  **  vigorously  opposed  "  it  would  appear 
more  credible  if  his  name  were  not  signed  to  the  bill. 

[984] 


Dbutschbn  Gbnossbnscbaftswbsbns.  157 

The  author  show*  now  and  then  a  want  of  the  critical  faculty  in  the 
nse  of  his  sources.  For  example,  in  sUting  the  Mezkan  lota  at  Saa 
Jacinto  he  says,  p.  202  :  "Six  hundred  and  thirty  were  killed  and  aoB 
wounded  out  of  a  total  of  between  1300  and  1400  Mexicans ;"  and 
again,  p.  203  :  "  The  Mexican  loss  was  630  killed,  ao8  wounded,  mad 
730  prisoners."  It  is  easy  to  see  that  the  toUl  in  the  Utter  sUtemeni 
does  not  agree  with  that  in  the  former.  Houston's  official  report, 
from  which  all  these  figures  except  the  total  in  the  first  statement  ar« 
taken,  has  been  sharply  criticised  by  von  Hoist,  Constitntional  History 
of  the  United  States,  Vol.  II.,  p.  570,  because  it  accounts  for  1568  Mexi- 
cans out  of  only  1500.  But  the  report  says,  in  fact,  that  the  *'  effectxre 
force"  of  the  Mexicans  was  "upward  of  fifteen  hundred." 

Mr.  Williams  has  produced  a  readable  and  entertaining  book  ;  but, 
while  the  larger  relations  are  truly  presented,  the  whole  is  impaired 
by  faults  of  expression  and  inacctiracy  of  detail  for  which  an  author 
should  at  least  not  excuse  himself  entirely. 

Gborgb  p.  Gamusoh. 


Geschichie  des  deutschen  Genossenschaftswesens  der  NeuxtiL  Von  Dr. 
Hugo  Zbidlbr.  Staats-und  socialwissenschafUiche  Beitrage,  her- 
an^egeben  von  A.  von  Miaskowaki.  Vol.  1,  No.  3.  Pp.  47S. 
Leipzig :  Duncker  &  Humblot,  1894. 

If  anyone  wishes  information  in  regard  to  the  principles  and  actual 

organization  of  the  German   trade-unions,  he   will  find  in  Zeidler*a 

book  a  good  and  reliable  presentation  of  all  the  facts  worth  knowing. 

The  conclusions  are  free  from  partiality.    The  riews  of  the  difierent 

irties  on   the  various    points  of  controversy  connected  with  the 

unions  are  objectively  stated.     The  arrangement  of  the  work  is  based 

upon  the  internal  evolution  of  the  unions.      In  Part  I  the  author  dis- 

v.sses  the  introductory  period  up  to  the  years  1848  and  1849.    TUa 

nod  is  characterize<l  by  the  principle  of  philanthropy  or  aaiiatmoe. 

he  real  trade>union  movement,  which  continues  into  the  present  and 

hich  receives  its  peculiar  stamp  from  the  principle  of  sdf*help,  the 

ithor  describes  in  Parts  II-IV.    Within  this  chief  period  of  devek>p- 

ent  he  distinguishes  two  phases,  corresponding  to  the  pMMge  of  the 

vo  laws  of  July  4,  1868,  and  May  i,  1889^ 

The  different  forms  of  the  unions,  the  chief  leaders  of  the  moremeat, 

rticularly  Hermann  Schulze-Delitzsch,  are  described  in  detail.     In 

Idition  such  questions  as  the  relation  of  legislation  to  taxation,  the 

:  read  of  the  German  idea  of  trade-unions  into  fiMeign  ooontiiei^  the 

Tight  made  by  the  merchants  against  co-operative  coosmnptioa,  the 

[985] 


158  Annals  of  thk  American  Acadkmy. 

attitude  of  the  socialists  toward  the  unions,  and  many  other  questions 
are  fully  discussed. 

In  regard  to  the  eflfects  of  the  new  law  of  1889,  the  most  important 
innovation  of  which  is  the  introduction  of  limited  liability,  the  author's 
judgment  is  on  the  whole  favorable.  The  good  influence  manifests 
itself  in  the  noticeable  increase  in  the  number  of  unions.  In  the  three 
years  from  October  i,  1889,  to  October  i,  1892,  not  less  than  two  thousand 
seven  hundred  and  twenty-five  unions  have  been  formed.  Only  upon 
the  rural  labor  unions  does  the  new  law  seem  to  have  had  in  part  a  bad 
effect.  The  difficulties  of  reorganization  under  the  new  law  have 
caused  the  dissolution  of  a  number  of  unions  ;  its  rigidly  prescribed 
forms  and  the  red-tape  and  expense  connected  with  these  have  proved 
an  obstacle  to  the  formation  of  new  unions. 

Kari,  Diehi,. 
(Translated  by  Ellen  C.  Semplb.) 


NOTES. 


The  lyAST  Work  of  the  late  Mr.  W.  E.  Hall  *  must  be  of  special 
value  to  English  students  of  international  relations,  and  to  teachers 
everywhere.  The  author's  standard  **  Treatise  on  International  Ivaw" 
warranted  the  anticipation  that  this  monograph  would  be  scholarly . 
and  authoritative,  and  the  expectation  is  not  disappointed.  Mr.  Hall 
has  dwelt  chiefly  on  the  law  and  the  theory,  and  has  not  devoted  any 
considerable  space  to  the  discussion  of  examples  illustrating  his  text ; 
but  in  this  method  of  treatment  he  was  justified  by  the  fact  that  his- 
tory is  being  so  rapidly  made  in  the  field  covered  by  this  book,  that 
any  chosen  instances  would  soon  get  out  of  date.  The  chapters  which 
will  perhaps  be  of  largest  interest  to  persons  on  this  side  of  the  Atlantic 
are  those  on  foreign  powers  and  jurisdiction  in  their  international  and 
constitutional  aspects,  on  the  agents  through  whom  power  and  juris- 
diction are  exercised,  on  the  persons  who  are  possessed  of  the  status 
of  British  subjects,  on  protectorates,  spheres  of  influence,  and  barbar- 
ous countries,  and  on  jurisdiction  or  the  high  seas  and  in  respect  of 
acts  done  there. 


Recent  discoveries  have  greatly  enriched  our  knowledges  of  the 
history  of  Greece.  But  the  theories  and  discussions  based  on  the  new 
materials  have  only  confused  the  reader,  who  is  not  a  Hellenist.  To 
obviate  this  confusion.  Holm  wrote,  ten  years  ago,  a  **  short "  history 
of  Greece,  in  which  the  ascertained  facts  were  clearly  distinguished 

*A  Treatise  on  the  Foreign  Powers  and  Jurisdiction  of  the  British  Crown.  By 
William  E-  Hall.    Pp.  xv,  304.    Price,  $2.60.    Oxford :  Clarendon  Press,  1894. 

[986] 


NOTBS.  159 

from  the  hypotheses.  The  first  volume  is  now  traniUted  into  English,* 
and  by  corrections  and  additions,  furnished  by  the  author,  has  been 
brought  up  to  date. 

The  tone  is  cautious  and  inspires  confidence.  After  the  delnge  of 
writing  on  the  Homeric  question,  it  is  refreshing  to  read  the  clear  and 
concise  account  here  given.  Scholars  will  rejoice  in  the  wealth  of  bib- 
liographical and  critical  notes.  In  fact,  at  least  one-fourth  of  the 
present  volume  consisU  of  useful  apparatus,  largely  bibliographical 
in  content  and  carefully  revised,  as  is  shown  by  the  mention  of  books 
published  as  late  as  1893. 

The  translation  is  accurate  but  lacks  life.  In  this,  however,  it 
resembles  its  German  original.  This  lack  of  life  and  the  almost  excea- 
live  caution  in  statements  detract  somewhat  from  the  pleasure  of  the 
reader.     But  the  work  is  of  great  value  and  answers  a  real  need. 


In  a  rkcbnt  work  on  *'  Antisemitismus  und  Sira/rechtspjUge*'  f 
many   examples  are  cited   from  the   Prussian  judicial  decisions  to 
show  that  the  criminal  law  is  not  enforce<l  in  the  same  way  against  all 
political  parties ;  that,  for  example,  indictments,  which  are  punished 
.  social -democrats  to  the  full  extent  of  the  law,  in  the  anti-aemitics 
re  not  regarded  as  culpable.     The  author  does  a  service  in  the  in- 
rests  of  justice  in  pointing  out  and  putting  together  these  facta.    As 
:.)  the  cause  of  this  unequal  administration  of  the  law,  the  author  sap- 
poses  it  to  be  an  erroneous  understanding  of  the  statutes.    To  the 
credit  of  the  Prussian  judges  one  may  assent  to  this  opinion  of  the 
author,  and  avoid  the  temptation  to  follow  np  the  not  remote  thought 
as  to  whether  the  anti-semitic  feeling  has  not  perhaps  penetrated  a 
little  into  the  ranks  of  the  judges.     At  any  rate,  such  imequaiities  in 
the  application  of  the  law  are  greatly  to  be  regretted,  and,  as  the 
author  very  truly  points  out,  they  undermine  "confidence  in  an  im- 
irtial  administration  of  justice,"  whereby  "  the  way  is  made  easy  for 
iwlessness  and  anarchy."     In  point  of  fact,  it  is  poasible  to  prove  in 
ermany  a  connection  between  anti-aemitism  and  anarchistic  tenden- 
.  ;cs,  for  the  former  has  in  many  cases  profoundly  shaken  the  authority 
of  the  state. 

As  A  CoNTRiBtrriON  to  the  Columbian  Bxhibition  the  Imperial 

(>rman  Government  sent  two  TolmneB  on  the  Gennan  anivenlticA. 

•  77k/  History  of  Greece.  Prom  its  oonuBCoeemeat  to  the  clcae  of  the  ladcpcad* 
c  nc«  of  the  Greek  Nation.  By  Aoolpm  Holm.  In  faorvolaaca.  VoL  I.  Up  to 
the  end  of  the  Sixth  Century  B.C  Pp  zvU.  43a.  Frka.  |i.9».  If «w  York.  Mac- 
milUn  &  Co.,  1894. 

^ Anttsemitismus  mmd  StrafrtchUpfUgt,  By  MAX  PAaMOO.  ZwmU  Aw^^Mg*. 
Berlin  :  Cronbach,  1894^ 

[987] 


i6o  Annai^  of  thb  American  Academy. 

For  these  Professor  Paulsen,  of  Berlin,  furnished  a  concise  and  able 
introduction.  The  latter  has  now  been  translated*  by  Professor  Perry, 
of  Columbia,  and  is  an  important  addition  to  English  works  dealing 
with  the  subject.  The  chapter  on  the  historical  development  of  the 
German  universities  is  the  longest  (72  pp.)  and  most  satisfactory.  The 
other  chapters  treat  of  the  general  character  ;  relations  to  the  state, 
to  the  Church,  and  to  the  community  ;  teachers  and  teaching  ;  students 
and  the  pursuit  of  study  ;  and  the  unity  of  the  university. 

Many  of  the  problems  confronting  the  German  universities  are 
stated,  and  some  of  these  furnish  matter  for  earnest  thought  to  Ameri- 
can students.  The  defence  of  the  much-abused  lecture-system  will 
command  attention.  The  value  of  the  book  is  enhanced  by  an  intro- 
duction on  "The  Relation  of  the  German  Universities  to  the  Problems 
of  Higher  Education  in  the  United  States,"  written  by  Professor 
Nicholas  Murray  Butler.  In  the  appendices  the  latest  statistics  and 
a  carefully  selected  bibliography  are  given.  The  volume  is  adequately 
indexed.  

ThB  third  session  of  the  Summer  Meeting  organized  by  the 
American  Society  for  the  Extension  of  University  Teaching  will  take 
place  in  the  buildings  of  the  University  of  Pennsylvania,  Philadel- 
phia, July  1-26.  A  very  attractive  series  of  lectures  in  the  field  of 
political  science  has  been  arranged,  and  a  remarkable  corps  of 
eminent  specialists  secured  to  conduct  the  work.  The  lectures  will 
occupy  from  three  to  five  hours  daily  for  four  weeks,  and  after  each 
lecture  an  opportunity  will  be  given  for  general  discussion.  The 
following  is  the  program  of  the  Politics  Department : 

Professor  Woodrow  Wilson,  of  Princeton,  besides  the  inaugural 
address  on  "  Democracy  "  will  give  a  series  upon  The  Constitutional 
Government  of  the  United  States,  (i)  "What  is  Constitutional  Gov- 
ernment ?  "  (2)  "Political  Liberty."  (3)  "Written  Constitutions; 
The  Nature,  Origin,  and  Significance  of  Our  Own."  (4)  "  The  Organ- 
ization and  Powers  of  Congress."  (5)  "The  Function  of  the  Courts 
Under  a  Constitutional  Government." 

Professor  J.  W.  Jenks,  of  Cornell,  will  lecture  upon  Politics  in  the 
Modern  Democracy,  (i)  "The  Essentials  of  Citizenship."  (2)  "  The 
Principles  of  Representation."  (3)  "The  Function  of  the  Legisla- 
ture." (4)  "  Direct  Legislation  "  (Referendum  and  Initiative).  (5) 
«'  The  Guidance  of  Public  Opinion." 

Professor  Macy,  of  Iowa  College,  upon  Political  Parties  and  Politi- 
cal Leadership,    (i)  "  Party  Organization,  a  Fact  to  be  Reckoned  with. 

*  The  German  Universities:  Their  Character  and  Historical  Development.  By 
PRIEDRICH  Paulsen.  Pp.zzxi,  254.  Price,  $a.oo.  New  York  and  I^ndon  :  Mac- 
millan  &  Co.,  1895. 

[988] 


NOTBS.  x6i 

The  Relation  of  Parties  to  Moba."  (a)  ••  Party  Leadcnhtp  Under  the 
English  Cabinet  System  and  Under  the  American  Federal  System.'* 
(3)  "The  EflFect  of  the  SUvery  Question  and  the  Civil  War  upon 
Political  Parties."  (4)  "Political  Issues  since  the  Civil  War."  (5) 
"The  Relation  of  the  School  and  the  Church  to  Politkal  Lcadenhip.'* 

Professor  H.  C.  Adams,  of  the  University  of  Michigan,  upoo  Re- 
lation of  the  State  to  Industrial  Society.  (1)  "  Doctrine  of  Restricted 
Governmental  Functions  Regarded  as  an  Historical  Product."  (a) 
*'Anal>-sis  of  the  Theory  of  Restricted  Governmental  Functions."  (5) 
"  Classification  of  Industries  fhmi  the  Poiqt  of  View  of  Govemineiital 
Functions."  (4)  "The  Functions  of  Government  in  the  Presence  of 
Modem  Monopolistic  Tendency."  (5)  "The  Function  of  Govcm- 
ment  in  the  Presence  of  Modern  Labor  Controversies." 

Professor  A.  B.  Hart,  of  Harvard,  upon  Special  Topics.  (1) 
''American  Political  Inventions."  (a)  "The  New  Bngland  Town 
Meeting."     (3)  "  PuriUn  Politics." 

Professor  E.  J.  James,  of  the  University  of  Pennsylvania,  npon  Th* 
American  Citizen  :  His  Privileges  and  Immunities,  (i)  "Who  are 
Citizens."  (2)  "Civil  Rights."  (3)  "Political  PrivUegea."  (4) 
"Civil  and  Political  Obligations."  (5)  "Means  of  Enforcing  the 
Rights  and  Obligations  of  Citizens." 

Professor  W.  G.  Sumner,  of  Yale,  upon  (i)  "Militarism."  (a) 
"  Industrialism." 

Dr.  Albert  Shaw,  editor  of  the  Review  of  Reviews,  upon  Govern- 
ment of  European  Cities,  (i)  "  Introductory."  (a)  "The  Bi^liill 
System  of  Municipal  Government"  (3)  "The  German  Syttam of 
Municipal  Government."  (4)  "French  and  Italian  SyftcoM of  Mu- 
nicipal Government."  (5)  "  Lessons  for  America  from  the  Bapetieuct 
of  European  Cities." 

Dr.  Albert  A.  Bird,  Staff  Lecturer  of  the  Extension  Society,  npon 
The  Municipal  Government  of  Philadelphia,  (i)  "  Elections  and 
Election  Laws."  (a)  "  The  Machinery  of  the  City  Government."  (3) 
"The  City  and  iU  Franchises."  (4)  "  Public  Works."  (5)  "Tax». 
tion  and  Finance." 

Professor  E.  R.  L.  Gould,  of  the  University  of  Chicago,  upon  Social 
Problems  of  Cities.  (1)  "Relation  of  Civil  Reform  to  Social  Pro- 
gr^as,"     (2)  "  Housing  of  the  Poor."     (3)  "  Public  Recreation." 

Rev.  W.  a  Hale,  of  Middleboro,  Mass.,  npon  Social  Ideu  and 
Social  Realities,  (i)  "The  Family."  (1)  "The  Mob."  (3)  "The 
Political  Party."     (4)  " The  Natioo."    (5)  "The  Church." 

Rev.  Edwaid  E.  Hale,  Boston,  npon  Social  Refonn.  (t)  "The 
Abolition  of  Pauperism."  (a)  "The  Relief  of  Poveitj.*'  (3)  "The 
BetUe  of  Intemperance."    (4)  "  The  Ideal  Oty.'* 

[989I 


NOTES  ON  MUNICIPAL  GOVERNMENT. 


[This  department  of  the  Annals  will  endeavor  to  place  before  the  members  of 
the  Academy  all  items  of  interest  which  will  serve  to  indicate  the  municipal 
activity  of  the  large  cities  of  Europe  and  America.  Among  the  contributors  are : 
James  W.  Pryor,  Esq.,  Secretary  City  Club,  New  York  City  ;  Sylvester  Baxter,  Esq., 
Boston  Herald,  Boston  ;  Samuel  B.  Capen,  Esq.,  President  Municipal  lycague,  Bos- 
ton ;  Mr.  A.  I^.  Crocker,  Minneapolis ;  Victor  Rosewater,  Ph.  D.,  Omaha  Bee, 
Omaha  ;  Professor  John  Henry  Gray,  Chairman  Committee  on  Municipal  Affairs, 
Civic  Federation,  Chicago.] 


AMERICAN  CITIES. 

Philadelphia. — The  Fourth  Annual  Message  of  Mayor  Stuart,  to- 
gether with  the  preliminary  financial  and  administrative  reports  of 
departments,  give  much  interesting  information  concerning  the  pro- 
gress in  municipal  work  during  the  year  ending  December  31,  1894, 
A  r^sumd  of  municipal  activity  during  the  Mayor's  four-years'  term  is 
also  given.  Considering  the  work  undertaken  as  well  as  that  actually 
accomplished,  it  would  seem  that  Philadelphia  is  entering  upon  a  new 
era  of  public  improvements.  Street-paving,  re-paving  and  drainage 
have  advanced  at  an  unprecedented  rate.  To  take,  for  instance,  some 
facts  illustrative  of  this  change,  we  find  that  during  the  last  four  years, 
nearly  one  and  one-quarter  million  square  yards  of  street  were  repaved 
with  modem  and  improved  pavement.  This  represents  twenty-five 
miles  more  than  the  entire  surface  repaved  during  the  twenty  years 
fi-om  1870  to  1890.  In  addition,  about  one  and  one-half  million  square 
yards  of  new  paving  were  laid  during  the  same  period.  The  addi- 
tional privileges  granted  to  the  passenger  railway  companies  incident 
to  the  introduction  of  the  trolley  system  were  made  conditional 
upon  the  repaving  of  the  streets  occupied  by  such  companies,  with 
such  material  as  the  Director  of  Public  Works  might  prescribe.  During 
the  two  years,  1893  and  1894,  the  companies  repaved,  mainly  with 
asphaltum,  181  miles  of  street.  During  the  last  four  years,  therefore, 
the  city  and  the  street  railway  companies  have  paved  or  repaved  a  total 
of  over  four  hundred  miles  of  street.  This  remarkable  change  in  the 
condition  of  the  streets  of  the  city  involved  indirectly  a  large  expendi- 
ture for  such  purposes  as  drainage ;  the  laying  of  such  improved  pave- 
ment as  asphaltum  making  it  desirable  to  place  the  system  of  drainage 
in  the  very  best  condition.  During  the  four  years  from  January  i, 
1891,  nearly  fifty-five  miles  of  main  and  one  hundred  and  ninety  miles 
of  branch  sewers  were  constructed.     The  former  represents  a  total 

[990] 


Notes  on  Municipal  Government.  163 

equal  to  the  entire  system  of  main  sewers  constmcted  between  l86B 
and  1891,  whereas  the  latter  is  equivalent  to  the  entize  miki^  of 
branch  sewers  constructed  during  the  preceding  foarteen  jean. 

Comparing  the  condition  of  the  streeU  in  1890  and  1894,  we  find 
that  in  the  former  there  were  755  miles  of  paved  alreela,  of  whidi 
115  were  nibble,  375  cobble,  88  macadam  roads,  and  144  of  improved 
paving  (such  as  asphaltum).  In  1894  there  were  873.9  miles  of  im- 
proved highways,  of  which  9a  were  paved  with  rabble,  164  with  cob- 
bles, 114  of  macadam,  and  50a  of  improved  pavements. 

The  report  of  the  Bureau  of  Water  shows  a  great  increase  in  the 
fiunlities  for  the  supply,  although  very  little  effort  was  made  to  improve 
its  quality.  During  the  four-years'  term  of  the  out-going  liayor,  over 
^,000,000  was  expended  in  extensions,  mainly  for  the  increase  of  stor- 
age and  ptmiping  capacity.  While  in  1890  the  pumping  capacity  per 
day  was  about  185,000,000  gallons,  in  1894  it  was  311,000,000  gallons. 
The  storage  capacity  of  the  reservoirs  in  1890  was  about  869,000,000 
gallons ;  in  1894  it  was  1,400,000,000  gallons,  an  increase  of  61  per  cent 
The  per  capita  consumption  of  water  continues  to  increase,  as  is  shown 
by  the  fact  that  in  1894  the  average  daily  consumption  was  over  164 
gallons  per  capita  daily  (197,000,000  gallons).  The  rapidly  incrceaioK 
per  capita  consumption  is  becoming  one  of  the  serious  problems  of 
the  Water  Bureau.  That  164  gallons  is  far  beyond  the  real  needs  of 
the  city  there  cannot  be  the  slightest  doubt  and  that  quite  an  ap- 
preciable percentage  represents  willful  waste  is  equally  true.  One 
important  element  is  the  large  amount  of  water  required  by  the  mann- 
facturing  establishments.  There  is  no  reason,  why  the  taxpayers  of 
Philadelphia  should  be  paying  for  water  consumed  by  soch  enter- 
prises. The  only  possible  solution  to  the  question  seems  to  be  the 
introduction  of  a  water  meter  system.  Between  1885  and  1895  the  per 
capita  daily  consumption  of  water  increased  from  7a  to  164  gallona. 
In  New  York  it  is  at  present  but  90  gallons,  in  Boston,  89^3.  The 
water  meter  S3rstem  will  tend  to  rednce  the  waste  which  these  164 
gallons  involve,  and  vrill  at  all  events  distribute  the  burden  of  water- 
rates  more  equitably. 

The  city's  gas  works  make  a  very  favonfale  flnanfiel  alioiHag  la 
spite  of  the  fact  that  the  price  of  gas  was  reduced  in  1894  from 
$1.50  to  |i.oo  per  thousand  cubic  feet.  In  the  estimate  of  profit, 
which,  during  the  last  four  years,  has  amounted  to  nearly  13,000^000^ 
no  attempt  is  made  to  take  into  considcntioa  the  interest  and  Uquid*- 
tion  of  the  loans  contracted  for  the  coMlnirtfam  end  e^tenrioae  of 
the  gas  works ;  a  system  which  would  necessarfly  prevail  if  the  works 
were  under  private  control,  and  which  the  requirements  of 
financial  adminiibation  would  seem  to  dictate.    Under  soch  a  1 

[99O 


164  Annai^  of  thk  American  Acadkmy. 

however,  the  Philadelphia  City  Gas  Works  would  show  a  considerable 
deficit,  even  under  the  old  I1.50  rate.    With  the  reduction  of  the  price 
of  gas  to  |i.oo  per  thousand  cubic  feet  the  surplus  over  operating 
expenses  was  but  ^192,410.     Were  we  to  take  into  consideration  the 
interest  on  the  investment  and  allowance  for  wear  and  tear  the  deficit, 
would  be  over  1850,000,  while  if  the  liquidation  of  the  debt  coi 
tracted  for  the  construction  and  extension  of  the  works  were  include 
the  deficit  would  be  nearly  one  and  one-half  million  dollars.     Tl 
reasons  for  the  inordinately  high  cost  of  manufacture  have  not  as  y< 
been  definitely  ascertained.     That  it  does  cost  more  than  in  othc 
cities  there  can  be  no  doubt. 

The  general  financial  condition  of  the  city  is  excellent,  notwith- 
standing the  fact  that  during  the  year  1894  the  total  expenditures 
were  132,390,333.57  and  the  total  receipts  130,689,319.36,  showing  an 
excess  of  expenditure  of  $1,700,942.21. 

New  York  City. — The  Committee  of  Seventy  of  New  York  City  has 
just  published  a  preliminary  report  of  the  Sub-committee  on  Baths 
and  Lavatories,  which  makes  a  strong  plea  for  a  complete  system  of 
baths  and  lavatories  within  the  city.  The  experience  of  the  New 
York  '^Association  for  Improving  the  Condition  of  the  Poor^^  in  the 
construction  of  the  people's  baths,  shows  the  great  benefit  derived  by 
the  poorer  classes  from  such  institutions.  During  the  three  years  of 
its  operation,  over  200,000  people  have  used  the  baths,  and  the  small 
charge  of  five  cents  per  bath  goes  far  toward  defraying  the  entire  cost 
of  operation.  The  experience  of  Birmingham,  Liverpool  and  other 
English  cities  is  given,  all  of  which  tends  to  confirm  the  desirability 
of  the  institutions  recommended  by  the  committee. 

Review  of  the  Situation  in  New  York  City* 

The  voters  representing  two  million  people  living  in  the  City  of 
New  York  and  constituting  about  one-third  of  the  population  of  the 
State,  eflfected  a  complete  overturning  of  the  city  government  in 
November,  by  a  vote  of"  three  to  two.  To  meet  the  demands  of  those 
who  eflfected  this  change,  several  bills  were  prepared  and  introduced 
in  the  legislature.     The  most  important  of  these  were  : 

1 .  A  bill  giving  the  mayor  power  to  remove  summarily  the  heads 
of  departments  in  the  city  government. 

2.  A  bill  to  eflfect  the  removal  of  the  police  justices  ;  and  to  make 
it  possible  to  reform  the  police  courts. 

3.  A  bill  to  reorganize  the  department  of  education. 

4.  Three  bills  to  reconstruct  the  police  departments. 

•  Thia  review  has  been  furnished  by  James  W.  Pryor,  Esq.,  Secretary  of  the 
City  Club  of  New  York. 

[992] 


NoTBs  ON  MuNiciPAx.  GovRRHionrr.  i6s 


So  far  as  mere  legislation  cotald  aTtO,  thf>c  bOla 
eradicate  some  of  the  greatest  and  most  noCorions  erils  ia  oar  i 
government,  evils  from  most  of  which  thoosands  of  tbo  poor 
defenceless  were  suffering  daily.  The  police  hOls  were  not 
until  March.  The  bills  prepared  by  the  Lexow  Senate 
Committee  were  inadequate  to  meet  the  abases  which  the 
tion  had  brought  to  light  Independent  measures  were  then  prepared 
in  this  city.  Of  the  six  measures  named,  only  the  first  has  passfil  the 
legislature.  All  the  others  have  been  delayed  upon  one  pretest 
or  another,  the  real  reason  being  found,  howerer,  in  the  eflbcts  of 
the  politicians  to  manipulate  these  bills  for  political  efied,  withoot 
reference  to  the  interests  of  New  York  City  or  the  wishes  of  its 
people. 

On  the  fourth  of  February  a  mass  meeting  called  by  the  rcCorm  Ofl>- 
ganizations  was  held  in  the  large  hall  of  Cooper  Unioo«  The  mmta^ 
bling  of  a  political  meeting  as  large  and  representative  and  determined 
as  was  this,  upon  a  day  three  months  after  an  election,  was  an  event 
almost  unprecedented  within  the  memory  of  the  men  who  are  now 
active  in  our  mtmicipal  afiaira  The  speeches  were  on  a  high  plant 
of  civic  virtue  and  wisdom,  and  evidently  expressed  the  views  oif  thm 
great  audience.  Resolutions  calling  upon  the  Irgiriaturg  to  pa«  tho 
reform  bills,  and  denouncing  bossism,  were  adopted.  Upon  lesuliiUoa 
of  this  meeting  the  committee  which  drafted  the  reform  police  bills 
was  appointed. 

Another  mass  meeting,  equally  wiccBMfnl,  was  hdd  in  Cooper 
Union  on  the  twenty-seventh  of  March,  under  the  awspkea  of  tho 
Committee  of  Seventy  and  other  organizations  which  joined  in  the 
call.  In  addition  to  resolutions  similar  to  those  of  the  fourth  of 
I^ebruary  this  meeting  adopted  an  address  to  the  people  of  the  States 
in  which  the  gravity  of  the  situation  waa  clearly  brooght  out 

The  earnest  efforts  of  Mayor  Strong  to  carry  oat  the  poUcy  to 
he  is  pledged  are  hardly  second  in  interest  to  the  ytiigum  of 
legislation.  The  consternation  of  the  politicisns»  when  they 
oooTinced  that  the  Mayor  proposed  to  trast  as  ssrioas  the 
ssnrances  upon  which  he  accepted  the  noodantkm  fiom  the 
organisations,  has  been  ludicrous.  The  appointments  thus  fiu  made 
have  been  very  much  superior  to  those  to  which  Tammany  mayors 
have  accustomed  ua  With  very  few  e«eptioos>  the  people  expect 
the  new  officers  to  discharge  their  duties  ably  and  honestly.  At  the 
same  time,  several  of  the  appointments  have  been  criticised  upon  the 
ground  that  they  seem  to  tend  toward  a  diviiioa  of  spoils  aoMOg  the 
political  bodies  which  supported  the  reform  csBdidatis,  Tbesesrsap- 
pointmenU  of  men  who  are  active  and  prominent  in  those  bodies^  The 

[993] 


1 66  Annai^  of  thk  American  Academy. 

criticism  is  made  upon  principle,  and  without  reflecting  in  any  way 
upon  these  men.  No  matter  how  excellent  the  standard  of  men  ap- 
pointed, such  an  apportionment  of  appointments  would  bring  the 
present  administration  within  the  spirit  of  the  system  which  was  over- 
thrown in  the  recent  elections. 

Boston. — ^The  retirement  of  Mayor  Matthews,  who  occupied  the 
position  of  chief  executive  for  four  consecutive  terms  (of  one  year 
each),  has  been  the  occasion  of  an  address  upon  the  condition  of  the 
city  during  his  administration.*  In  this  review  of  the  administrative 
and  financial  condition  of  the  city,  Mayor  Matthews  makes  several 
important  reconmiendations.  He  advocates  the  lengthening  of  the 
term  of  the  executive  from  one  to  two  or  three  years  ;  the  appointment 
of  heads  of  departments  for  an  indeterminate  period,  that  is,  until 
death,  resignation  or  removal ;  the  consolidation  of  the  present  depart- 
ments, thirty-three  in  number,  into  a  small  number  of  important  ex- 
ecutive departments ;  with  further  sub-divisions  into  bureaus.  The 
legislative  branch,  which  is  at  present  bicameral,  ought  to  be,  accord- 
ing to  Mr.  Matthews,  a  single  body,  composed  of  from  twenty- 
four  to  twenty-seven  men  elected  for  a  term  of  three  years.  One 
of  the  strongest  recommendations  of  the  Mayor  is  for  the  radical 
re-organization  of  the  system  of  police  administration.  Since  1885  this 
department  has  been  in  the  hands  of  a  State  board  appointed  by  the 
governor.  It  is  suggested  that  the  police  department  be  again  re- 
stored to  the  control  of  the  city  and  placed  in  charge  of  a  superintend- 
ent appointed  by  the  mayor.  The  various  elective  ofl&cials,  such  as 
the  Board  of  Street  Commissioners,  are  to  be  placed  under  a  system  of 
mayoralty  appointment.  A  similar  reorganization  of  the  Depart- 
ment of  Education,  to  be  placed  under  a  superintendent  appointed  by 
the  mayor,  is  recommended. 

At  the  close  of  these  suggestions  for  reform,  the  Mayor  makes  a 
statement  which  is  extremely  characteristic  of  the  attitude  of  the  State 
legislatures  toward  the  cities,  and  throws  not  a  little  light  upon  the 
present  condition  of  city  government  in  the  United  States.  In  ex- 
plaining why  these  reforms  have  not  been  pressed  with  greater 
energy  by  himself  and  others,  he  urges  as  an  excuse  that  it  would  be 
impossible  for  a  Democratic  mayor  to  obtain  any  such  changes  from  a 
Republican  legislature.  They  would  be  looked  upon  as  a  scheme  to 
benefit  a  Democratic  administration.  He  expresses  the  hope  that  the 
incoming  mayor,  a  Republican,  will  fare  better  at  the  hands  of  the 
legislature. 

*  "  City  Government  of  Boston."  By  Nathan  Matthews,  Jr.,  Mayor  of  Boston, 
1891-95.  The  valedictory  address  to  the  members  of  the  City  Council,  January  5. 
1895.    Boston  :  Rockwell  &  Churchill,  State  Printers. 

[994] 


Notes  on  Municipal  Govbrnmknt.  167 

street  Railways  in  Massachuutts, 

The  Twenty<6ucth  Annual  Rqx>rt  of  the  BfatMchnaetU  Board  of 
Railroad  Commiasioners*  gives  a  complete  description  of  the  street 
railway  systems  in  the  cities  of  the  State.  The  fact  that  few  of  oar 
States  publish  such  reports  accounts  for  the  lack  of  information  con- 
cerning the  development  and  financial  importance  of  the  street  rail- 
way system  in  the  United  States. 

The  report  shows,  in  the  first  place,  a  remarkable  increase  in  the 
electric  railway  system.  Thus,  as  late  as  1888,  there  was  not  a  single 
mile  of  electric  railway  in  operation  in  Massachnsetta.  The  length 
of  the  horse  railway  system  was  534  miles.  By  the  end  of  1894  it 
had  decreased  to  104  miles ;  the  electric  system  having  increased  to 
825  miles,  making  a  total  of  929  miles.  This  increase  of  a  new  sys- 
tem of  street  railway  transportation  has  necessitated  a  large  capital 
expenditure,  which  for  the  time  being  has  diminished  the  dividends, 
so  that  in  1894  the  average  rate  was  6.x  per  cent  compared  with  6.9 
per  cent  in  1893. 

The  advantage  of  the  electric  over  the  horse  car  system  is  not 
brought  out  quite  as  clearly  as  one  wonld  expect  In  comparing  the 
net  earnings  of  the  horse  car  system,  we  find  the  following  percent- 
age of  increase  in  the  accounts  of  the  latter  as  compared  with  thr 
former  in  1888 : 

Net  earnings  per  passenger 60.5  per  cent 

Net  earnings  per  car  mile  run (Am   " 

Net  earnings  per  round  trip  run  ....  S1.5   ••       " 

Net  earnings  per  mile  of  railway 50  »7  **       " 

Cost  of  railway  per  mUe 5917  *       ** 

Capitalization  per  mile 63.95"       ** 

The  economy  affected  by  the  electric  system  is  shown,  however,  by 
the  fact  that  while  in  1885  the  percentage  of  operating  expenses  to 
income  was  80.2  per  cent  in  1894  the  proportion  was  but  69.51  per 
cent. 

The  last  decade  has  shown  a  marvelous  increase  in  the  capital 
invested  in  street  railway  transportation.  Thua,  in  1885  the  capital 
stock  of  all  the  street  raUway  companies  in  Massachusetts  was  litUe 
more  than  |8,ooo,ooo ;  in  1894  it  was  nearly  I27.ooo.ooo-  Dnring  the 
same  period  the  number  of  employes  has  increased  finom  4103  to 
7451 ;  the  number  of  cars  from  ai  14  to  4058  ;  the  total  passengers  car- 
ried from  100.746.786  to  220,464.099 ;  while  the  number  of  horses  used 
has  decreased  from  9785  to  2014.  The  report  contains  an  analysb  of 
•  ••Twenty-sixth  Annual  Report  of  the  Board  of  RaUway  OoomisrioMrs.** 
Public  Document,  No.  14.  jMoary.  i»9S-  Boston:  Wright  ft  FSIter  rviatiaf  Co, 
8Ute  Printers. 

[995] 


1 68  Annai^  of  the  American  Academy. 

the  accounts  of  all  the  street  railway  companies  within  the  State,  mak- 
ing it  comparatively  easy  for  any  municipality  to  determine  the  possi- 
ble income  that  might  be  derived  from  a  participation  in  the  profits 
of  such  companies.  The  lack  of  trustworthy  information  on  this 
point  in  most  of  our  American  cities  has  been  one  of  the  reasons  for 
the  absence  of  any  just  appreciation  on  the  part  of  the  population  of 
the  value  of  franchises  granted  to  such  companies. 

San  Francisco. — The  citizens  of  San  Francisco  are  about  to  vote 
upon  a  new  charter  framed  in  accordance  with  the  Constitutional 
Amendment  adopted  in  1879,  which  gives  to  all  cities  with  a  popula- 
tion exceeding  one  hundred  thousand,*  the  right  to  frame  their  own 
charters  through  an  elective  board  of  fifteen  free-holders,  which  charter 
must  be  submitted  to  the  people  for  adoption  or  rejection.  In  1880 
San  Francisco  made  a  first  attempt  to  take  advantage  of  this  provision, 
but  the  charter  adopted  by  the  board  of  free-holders  was  rejected  by 
the  people.  In  1882  another  board  was  elected,  but  their  charter 
shared  the  same  fate.  A  third  attempt  in  1887  proved  equally  unsuc- 
cessful. 

The  present  charter  for  the  city  was  framed  by  a  board  of  free-holders 
elected  in  November,  1894.  It  contains  some  radical  changes  in  the 
form  of  government.  The  legislative  power  is  vested  in  a  Board  of 
Supervisors  consisting  of  twelve  members  elected  on  a  general  ticket 
for  a  term  of  two  years.  The  main  changes  however,  are  found  in  the 
provisions  relating  to  the  executive  departments,  especially  in  the 
position  of  the  mayor.  He  is  to  be  elected  for  a  term  of  two  years  and 
the  appointment  of  all  officers,  whose  election  or  appointment  is  not 
otherwise  specially  provided  for,  is  placed  in  his  hands.  He  is  made 
ex-officio  president  of  the  board  of  supervisors.  The  Department  of 
Public  Works  is  placed  under  the  management  of  three  commissioners, 
constituting  a  board  of  public  works  to  be  appointed  by  the  mayor  for 
a  period  of  four  years,  subject  to  removal  by  him.  This  board  is  to 
have  full  charge  of  the  work  on  streets,  sewers,  public  buildings,  and 
the  supervision  of  contracts  connected  therewith. 

The  educational  system  of  the  city  is  placed  under  the  control  and 
management  of  a  board  of  five  school  directors  appointed  by  the 
mayor  for  a  period  of  four  years.  The  Police  Department  is  to  be  man- 
aged by  a  board  of  four  police  commissioners,  appointed  by  the  mayor 
for  a  term  of  four  years.  It  is  provided  that  the  mayor  shall  not 
appoint  more  than  two  from  the  same  political  party.  The  Fire  De- 
partment is  placed  under  a  similar  board,  similarly  appointed.  The 
Health  Department,  under  a  board  of  three  members,  and  a  Board  of 

•  By  subsequent  amendments  extended  to  cities  with  a  population  exceeding  ten 
thousand. 

[996] 


NoTBs  ON  Municipal  Govx&iqibnt.  169 

Election  CommiMinncfi  ooniigting  of  foor  BMBibcn,  are  aU  ftppoinUd 
by  the  mayor  for  tenns  oC  two  and  four  yean  raipcctively. 

The  charter,  furthennore,  cwntaint  impoctaat  chrU  Mrrioe  ptovfaioua, 
applying  to  the  main  departmcnta  of  the  dtj  fovanuncnt  A  boaid 
of  three  civil  service  cocnmiMioocn  la  pforided  for,  to  be  ap- 
pointed by  the  mayor  for  a  term  of  three  yean.  On  the  iizteeiith  of 
April,  1895,  this  charter  ia  to  be  tubmittcd  to  tha  people  at  e  ipedal 
election.  If  adopted  by  them,  it  moat  be  submitted  to  the  legklitBre, 
which  has  the  right  to  accept  or  reject  it  im  Mo,  If  ratified  by  the 
kgialature,  it  then  becomes  the  organic  law  of  the  city,  soperacdiog 
its  present  charter  and  any  special  laws  iiimnriitffiit  with  ita  pffx>- 


Berlin.— A  recent  report  of  the  '*  Fire  Insurmma  tmstUmit  •• 
the  increasing  importance  and  usefulness  of  one  of  the  oldot 
dpal  institutions  of  Berlin.  At  the  dose  of  the  last  centnry  the  dty 
organized  what  amounts  to  a  mutual  fire  insurance  aModatioo  of  prop- 
erty owners.  Insurance  against  fire  in  this  aiiociarion  was  made  ob- 
ligatory upon  every  property  owner,  and  the  premimn  was  made 
dependent  upon  the  losses  incurred  during  the  year.  In  this  way 
every  property  owner  became  interested  in  the  fire-proof 
tion  of  every  building  within  the  city,  which  accounta  to  a 
extent  for  the  strict  enforcement  of  building  regulations.  The  report 
shows  that  during  the  last  year  the  buildings  within  the  dty  were 
insured  for  over  |8oo,ooo,ooo,  and  that  the  leas  by  fire  emmmtwl  to  a 
little  over  |i5o,ooo,  or  nine  cents  per  capita  of  the  popwlation  When 
this  is  compared  with  the  loss  in  other  dties,  the  amount  is  insignifi- 
cant Thus,  in  New  York  the  loss  from  fire  in  1891  waa  A3.86  per 
capiU ;  in  Chicago,  $3.44  ;  in  Phihulelphia,  la.34,  and  in  Paris,  45c. 

London.— The  report  of  the  Royal  Commiarioa  on  the  "Unifica- 
tion of  London,"*  appointed  in  March,  1893,  cootaina  a  very  complete 
exposition  of  the  peculiar  administrathra  and  financial  cmidmotta 
under  which  the  great  Knglish  metropolia  has  been  living.  The  Coa- 
mission,  which  was  composed  of  the  Hon.  Leonard  H.  Comtney ; 
Sir  Thomas  Henry  Farrer ;  Mr.  Robert  D.  Holt,  Mayor  of  the  City 
f  Liverpool ;  Henry  H.  Crawford.  Esq.,  Solidtor  to  the  Corporatioa 
of  the  dty  of  London  ;  and  Edward  O.  Smith,  Esq.,  Town  Clerk  of 
the  dty  of  Birmingham,  examined  experts  and  parties  interested  at 
tated  intervala  from  the  ninth  of  June.  1893,  nntil  the  eighth  of 
lune,  1894. 

•The  report  to  pHat«d  by  Kyr^  9l  aptHUswoods.  Wsitrtisil,  Loedo^.  IfbLl, 
Minutes  of  BvldcMC  price.  51  Vol,  n.  tpscisl  Bcpsita.  pdas.  fi.  9^  ^^  in» 
Report  of  tbaCwsilwInnw.  price,  u.  jA 

[997I 


170  Annai^  of  the  American  Academy. 

The  first  volume  of  the  report  (620  quarto  pages)  contains  the  testi- 
mony of  these  witnesses.  The  second  volume,  which,  for  purposes 
of  ascertaining  the  present  condition  of  local  government  in  Metro- 
politan I/Dudon,  is  by  far  the  most  valuable,  contains  some  twenty 
special  reports  upon  such  questions  as  the  relation  of  the  city  of 
London  to  the  surrounding  vestries  ;  the  powers  and  duties  of  the 
various  local  authorities  throughout  the  county  ;  the  position  of  the 
London  County  Council ;  the  financial  condition  of  the  Corporation 
of  the  city  of  London  ;  statistics  concerning  the  local  areas  into  which 
London  is  divided  for  various  governmental  and  electoral  purposes, 
etc  These  reports  tend  to  show  the  chaotic  condition  of  administra- 
tive jurisdiction  in  the  county  of  London. 

The  old  city  vnth  its  single  square  mile  of  area  and  a  continually 
diminishing  population  (in  1891 ;  37,000)  still  retains  many  of  the 
privileges  of  the  mediaeval  corporation.  It  is  true  the  "  Metropolis 
Management  Act "  of  1885  gave  to  the  enormous  population  of  the 
present  county  of  London  a  kind  of  central  authority  with  jurisdic- 
tion extending  over  the  entire  area,  but  its  powers  were  so  restricted 
and  traversed  at  every  turn  by  the  powers  of  the  local  vestry  boards 
that  a  systematic  and  harmonious  development  of  municipal  institu- 
tions remained  practically  impossible.  During  the  period  between 
this  act  and  the  Local  Government  Act  of  1888,  the  powers  of  this 
"Metropolitan  Board  of  Works"  were  gradually  increased;  the 
"City,"  however,  retaining  the  greater  part  of  its  former  powers  and 
privileges.  The  establishment  of  a  representative  County  Council, 
which  in  1888  succeeded  to  the  old  Metropolitan  Board  of  Works, 
marked  an  important  step  toward  giving  to  the  county  of  London  a 
strong  central  organization  capable  of  co-ordinating  the  more  impor- 
tant problems  of  local  policy.  The  city  was  expressly  exempted  from 
the  most  important  provisions ;  a  state  of  afiairs  which  in  the  lapse 
of  time  must  necessarily  become  untenable.  Immediately  after  the 
establishment  of  the  County  Council  the  efforts  to  bring  the  "  City  " 
within  the  ordinary  jurisdiction  of  a  central  municipal  authority  were 
resumed  with  renewed  vigor.  The  result  was  the  appointment  of  a 
Royal  Commission ,  and  the  present  report.  In  the  third  volume  the 
commissioners  make  their  recommendations,  to  which  is  appended  a 
report  of  a  special  committee  of  the  Court  of  Common  Council  of  the 
city,  dissenting  from  the  views  of  the  Commission . 

The  Commission  recommends  that  the  government  of  the  county 
of  London  be  entrusted  to  a  central  representative  authority  ;  and  that 
the  present  city  should  become  merged  into  the  county  ;  the  entire  dis- 
trict being  incorporated  under  the  name  of  the  '  *  Mayor  and  Common- 
alty and  Citizens  of  London."     The  present  local  bodies  or  vestries 

[998] 


Notes  on  Municipal  Govbrnmbnt.  171 

•re  to  be  reorganized  and  given  a  certain  meafore  of  indepcniiracc  aa 
regards  purely  local  mattexa,  and  goremed  through  a  mayor  and 
elective  council.  The  central  authority  ia  tc  ooiMiat  of  a  C^^ncil  o( 
12a  councillors  and  twenty  aldermen  preaided  orer  by  a  Lord  Mayor. 
who  is  to  succeed  to  all  the  actual  and  traditional  privilq^  of  the 
Lord-liayor  of  the  *•  City. "  The  property  of  the  pceaent  dty  ia  to  be 
Tested  in  the  new  corporation,  and  the  administration  of  the  dty 
police  to  be  transferred  to  the  Home  Office  until  the  qocstioo  of  the 
management  of  the  police  system  of  the  county  is  defialtelj  Mttkd. 

The  report  dearly  shows  a  desire  on  the  part  of  the  rfiiiniMinii  to 
make  the  transition  to  a  unified  form  of  munidpal  gofwiiment  aa 
gradual  as  possible  in  order  to  make  the  changes  acceptable  to  thoae 
sections  now  enjoying  special  privileges. 

BDUOCBAPHV. 

"  Munidpal  Reform  MovemenU  in  the  United  Statca."  By  Wm.  H. 
ToLMAN,  Ph.  D.,  Secretary  of  the  City  Vigilance  League,  New  York 
City.  With  an  introductory  chapter  by  the  Rev.  Chaa.  H.  ParUuuat, 
D.D.  Pp.  219.  Price,  |i.oo.  New  York:  P.  H.  Revdl  Company,  1895. 
The  volume  of  Mr.  Tolman  contains  an  account  of  the  variooa  move- 
ments for  dvic  reform  throughout  the  United  Statca.  It  will  be  of  spe- 
cial value  to  those  contemplating  the  organization  of  sodetics  for  dvic 
betterment,  and  contains  many  valuable  hints  concerning  such  work. 

"Street  Railway  Investments:  A  Study  in  Values."  By  Bdwa&1> 
B.  HiGGiNS.  Pp.  I03.  New  York  :  Street  Railway  PubliahingOow,  1895. 
The  volume  by  Mr.  Higgins  traces  the  growth  of  the  paseengcr  rail- 
way  system  in  this  country.  The  author  has  very  wisely  divided  the 
subject  so  as  to  treat  the  various  dasscs  of  dties  separately.  Thus,  ia 
seven  chapters  he  deals  with  the  surface  railways  in  dties  of  a  popu- 
lation of  less  than  15,000 ;  of  from  15,000  to  35.000 :  >5*ooo  to  ^000 ; 
35.000  to  50,000 ;  50,000  to  100,000 ;  loo^ooo  to  500,000,  and  finally  of 
dties  with  a  population  of  over  500,00a  The  sUtistical  daU  which 
lack  careful  co-ordination,  serve  to  show  the  important  place  occupied 
by  this  branch  of  public  transportation  service  as  a  means  of  iavcat* 

ment 

Mogasine  AriUUs. 

In  the  Review  of  Reviewt  for  April,  Dr.  Shaw  givca  an  aooooat  of 
the  activity  of  the  more  important  reform  assodatkma  throughoot  th* 
United  SUtes.  The  common  ends  towards  which  tbcy  are  all  strivtaf , 
snch  as,  non -partisanship  in  local  dectiooa,  freedom  of  the  munid- 
pality  from  legislative  interference,  etc,  are  clearly  shown. 

In  the  Engineering  Magazine  for  April.  Mr.  M.  J.  Prandsoo 
contributes  an   article  00    **The   Monidpal  OwncrMiip  of  PabUc 

[999I 


172  Annals  of  thk  Ame;rican  Acadkmy. 

Corporations,"  which  is  a  savage  attack  upon  the  extension  of  muni- 
cipal functions  beyond  purely  political  action. 

In  the  same  number  Mr.  Allen  R.  Foote  discusses  the  control  of 
public-service  corporations  by  municipalities. 

Professor  Frank  J.  Goodnow,  of  Columbia  College,  discusses  the 
question  of  "Municipal  Home  Rule  "  in  the  Political  Science  Quar- 
terly for  March.  The  amendments  to  the  Constitution  of  New  York, 
with  special  reference  to  the  provisions  regarding  special  legislation 
are  discussed.  The  author  endeavors  to  show  the  utter  inadequacy  of 
the  ordinary  restrictions  upon  special  legislation  for  cities.  The  only 
safe  procedure  seems  to  be  the  insertion  of  a  definition  of  special  legis- 
lation in  the  Constitution  itself.  Otherwise,  there  is  danger  that 
restrictions  will  be  rendered  of  no  effect  through  the  liberal  interpre- 
tation of  the  courts.  The  new  Constitution  of  New  York  has  done 
this  through  the  insertion  of  a  clause  which  specifically  defines  general 
and  special  city  laws ;  the  latter  being  those  which  relate  to  a  certain 
city  or  to  less  than  all  the  cities  of  a  class. 


I 


SOCIOIX)GICAL  NOTES. 

[The  editor  of  thU  detMitment  b  kUmI  to  receive  aolts  om  aU  lopki  of  latarMt  to 
■octokniats  and  penons  worklag  akM(  eociolacteal  lia«  la  Um  broadeal  tmptm' 
tlon  of  the  term.  It  U  not  the  porpoec  of  tbcM  eol«aa«  to  dcflac  Um  boaadftric* 
of  lociolocy,  bat  rather  to  group  in  one  place  Csr  tke  coaveateaet  of  Bwaibtffvof 
the  Academy  aU  available  bit*  of  infomaUoa  oa  tlw  Ml#ecl  llMt  «oald  tbaialw 
be  acattered  throaghout  varioua  depitaieata  of  tiM  AtnutM,  Tb*  aaaAllaoia  of 
thia  department  will  nataially  depead  laivrty  oa  tbe  aMoaaf*  of 
accorded  the  editor  by  other  memt>era  of  the  Academy. 

Among  those  who  have  already  indicated  their  intereal  and 
tribute  are  such  well-known  workers  along  sociological  tinea  aa  Fiotaaer  P,  H. 
Giddings  (Columbia  College),  Proftsaor  W.  P.  WUkoa  (OoraaU  Uaivosalty).  Or. 
John  Graham  Brooks  (Cambridfc,  Maaa.).  Dr.  B.  ft.  Goold  (Jobaa  Bopldtea  Uat 
vcraUy),  Mr.  John  Koren  (Booloa),  Hon.  CarroU  D.  Wrigbt  (Waibli^floa,  Oi  C), 
Profcaaor  B.  Cheyaaon  (Paris).  Mr.  Robert  D.  McGoaalgW  (VltMbats.  Pa.),  Tn^ 
deat  John  H.  Pinley  (Kaooc  CoUege),  Prof.  D.  R.  Dewey  (Boaloa).  MlaaSMllyOfOoa 
Batch  (Jamaica  Plains,  Maaa.).  Miaa  M.  B.  Richmond  (BalUmore.  Md.).  aad  oUMm 

The  Theory  of  Sociology.— 7%^  Law  of  IbprnUHon.  Three  iff* 
nificant  publications  *  attest  a  renewed  interest  in  the  ttndy  of  jfaffhl 
and  an  attempt  to  restate  the  Malthnsian  law  of  popolatioa  in  a  way 
that  cannot  fail  to  attract  the  attention  of  todologiilB.  la  its  original 
form  tbe  theory  of  Malthas,  which  regarded  the  growth  of  popolatioa 
as  limited  by  the  increase  in  the  means  of  subsistence,  was  *  po^dj 
economic  problem,  and  as  soch  recei>*cd  constant  diiciiMicwi  aad 
some  modification  at  the  hands  of  all  leading  economista.  Pfcifcasef 
Fatten  calls  attention  to  Malthas*  own  statement  of  hb  law  and  to  the 
confusion  in  his  own  thought  which  led  Malthas  himself  to  shift 
somewhat  his  basb  of  proof.  This  led,  further,  to  sereral  different 
statements  of  the  law  on  the  part  of  Malthas*  socccanfiL  PruftMOC 
Patten  entmierates  four  sUtementaof  the  law.  all  ofwfaldl  be  iadt 
defective,  and  claims  that  if  the  law  is  to  be  made  of  any  nae  in  politi- 
cal economy,  "  it  must  be  rcsUted  in  a  manner  more  in  harmooy  with 
the  prasent  tendencies  of  economic  thought "  Be  ddiM  tkil  *'th« 
oppoaitkia  to  be  harmonized  is  not  betsreea  popotatloB  and  the  OMaaa 
of  sobsistence,  but  rather  between  population  and  prodnctiTe  power,** 

•  "  Populatioa  aad  Capital."    By  Aaraoa  T.  Ramjit.    A  paper  raad  al  tbe 
seventh  annual  aMcdag  of  the  American 
Dec.  S7.  1894.    To  appear  abottly  la  a  velaaM  of 
aad  6  of  Vol.  U.  of  the  pyMliBtiMS  ef  tlw  I  wsilns  s  matmmk 

*'The Uw of  PopahiHoa ftssirtod «*   Bp anioiilt. F Avraa. 

QmrnrUrfy.     March,  1895. 

"  yersudk  rimfr  BfPolkfrmmftMkp*  mmtftkfmd  mm  Hmg9  iCHUk 
Hktn  Bt9oUUmm£t^iuip$."    By  Dr.  PaairK  Parraa.    Pp^  «M7.   J 

[lOOl] 


174  Annai^  of  thk  American  Academy. 

and  his  conclusion  is  that  **  over-population  is  relative  and  has  its  cause 
in  social  and  not  in  physical  conditions." 

As  a  check  to  over-population  Malthus  laid  much  stress  upon  pru- 
dence and  self-restraint,  giving  two  qualities  which  Professor  Patten 
thinks  are  developed  by  the  same  conditions  that  increase  the  food 
supply,  or,  what  is  the  same  thing,  increase  the  productive  power  of 
society,  and,  at  the  same  time,  the  unconscious  economic  checks  to 
population. 

Professor  Hadley  approaches  the  problem  from  a  somewhat  different 
side,  but  reaches  an  almost  identical  conclusion.  Comparing  the 
growth  of  population  and  capital,  he  finds  interacting  and  mutually 
restrictive  elements  which  tend  to  an  equilibrium.  He  believes  that 
the  use  of  sociological  methods  of  inquiry  enables  us  to  connect  a  dis- 
cussion of  the  growth  of  social  capital  with  a  study  of  the  Malthusian 
theory,  and  through  the  combination  "to  present  the  essential  truth 
which  underlies  them  both  in  a  more  guarded,  and,  at  the  same  time, 
a  more  convincing  and  useful  form  than  is  commonly  given. "  He 
sketches  briefly  the  attempts  of  more  primitive  societies  to  meet  the 
issue  involved  in  the  conflict  between  the  growth  of  population  and 
the  growth  of  social  capital,  by  infanticide  and  the  institution  of  the 
matriarchate,  and  finally  by  the  development  of  the  military  family, 
which  enables  social  capital  to  accumulate  from  century  to  century  in 
the  hands  of  the  strongest.  Bven  if  the  system  of  property  is  unfair, 
a  new  tendency  is  manifest  and  the  struggle  becomes  one  for  domina- 
tion rather  than  for  annihilation.  Under  the  perfection  of  the  military 
system,  in  the  changes  brought  about  much  more  stress  is  laid  on  the 
production  of  wealth  as  well  as  on  its  appropriation,  and  thus  a  capi- 
talistic system  is  gradually  introduced.  Individual  capital  becomes  a 
directing  force  in  progress  by  the  law  of  selection.  Not  merely  do  the 
strong  and  the  industrious  survive,  as  in  the  patriarchal  and  mediaeval 
systems ;  but  the  prudent  and  intellectual  are  eliminated  from  the  reck- 
less and  emotional.  Professor  Hadley 's  conclusion  is  that  "Malthus 
made  a  mistake  in  giving  too  much  countenance  to  the  idea  that  pre- 
ventive checks  must  be  conscious ;  but  his  socialistic  critics  make  a 
greater  mistake  in  holding  that  such  checks  are  automatic.  The  truth 
would  seem  to  be  that  such  checks  are,  for  the  most  part,  institutional. 
The  modem  family  and  the  modern  law  of  capital  have  acted  as  a  pow- 
erful system  of  preventive  checks  to  population.  The  apparently  auto- 
matic and  often  unconscious  operation  of  these  checks  must  not  blind  us 
to  the  historical  power  which  has  established  and  perpetuated  them." 

Dr.  Fetter  has  worked  out  with  considerable  care  a  criticism  of 
Malthus,  and  has  tested  by  an  able  collection  of  statistical  material 
the  Malthusian  predictions  and  has  re-stated  the  Malthusian  theory 

[lCX)2] 


Socioijogical  Notbs.  175 

in  a  form  which  he  calls  "a  voluntary  theory  of  popolation,"  in 
which  he  emphaaizes  social  and  psychic  factors  in  very  much  the  Mme 
way  as  Professors  Hadley  and  Patten.  In  his  criticism  of  Malthas' 
sUtement  of  his  law,  Dr.  Fetter  calls  attention  to  the  doable  sean 
in  which  the  word  **  tendency  "  or  *'  tends  '*  is  used  :  "  Malthns  nn- 
donbtedly  sometimes  meant  by  the  statement  that  the  population 
has  a  tendency  to  increase  fiuter  than  the  means  of  subsistence  ;  that 
the  possibility  or  capability  of  such  increase  is  always  present,  and, 
again,  in  the  other  sense  to  which  this  phrase  k  opca,  that  the  asm- 
ber  of  people  in  any  given  society  at  any  given  time  actnaHy  did 
increase  in  conformity  to  this  law."  Dr.  Fetter  potnU  out  very  well 
how  the  double  thought  involved  not  only  created  confusion  in  the 
mind  of  Malthus,  but  has  been  the  cause  of  much  of  the  dispute 
among  his  followers.  He  concludes  that  Malthus'  central  idea  was 
that  the  population  was  in  some  way  determined  by  the  division  of 
the  sum  of  the  means  of  subsistence,  by  the  average  amount  consumed 
by  one  man,  a  theory  similar  in  statement  to  the  Wage-Pond  theory. 
But,  how  the  sum  of  the  means  of  subsistence,  or  the  unit  of  snbsjst* 
ence,  is  to  be  determined  Malthua  does  not  indicate.  **  It  has  the 
appearance  of  an  explanation  without  in  reality  being  one,  and  Mal- 
thns did  not  succeed  in  giving  us  a  satisfactory  theory  of  population." 
Dr.  Fetter  has  spared  those  who  care  to  study  the  question  on  a 
statistical  side,  much  trouble  by  bringing  together  in  the  second  part 
of  his  monograph  the  latest  statistics  from  all  countries  which  will 
•erve  to  test  the  Malthusian  theory.  These  tables  relate  to  the  number 
of  marriages;  the  age  of  contracting  parties;  the  influence  of  property 
and  of  class  distinctions  on  age  and  number  of  marriages ;  the  number 
of  children  to  each  marriage  in  the  various  social  clsssfs,  etc  A  coo* 
parison  of  the  number  of  persons  per  thousand  of  the  popolatioa 
marrying,  shows  the  following  fidling  off  for  the  period  1886  to  1890 
compared  with  the  figures  given  by  Malthus  based  on  returns  for  the 
years  indicated  for  each  country  : 

Prance  (iSjs) *^f 

Norway  (1799) »M 

RngUnd  (beginning  of  KveatceBth  ceatary)  17-4 

HolUnd  (aboat   I7«5) *•-* 

Sweden  (i757-i7*o) '^•* 

The  figures  for  the  period  1886  to  1890  for  these  same  cvantrica  were 
at  follows : 

Pnince  .    .  «44 

Norway  .  ««^ 

Bagland  .  M-S 

BoUand  .  >>• 

.  .  .  .  ttj 

[1003] 


176  Annals  of  the  American  Academy. 

The  age  of  marriage  for  both  men  and  women  is  highest  among  the 
small  agricultural  property  holders.  The  age  is  lowest  for  men 
among  the  poorest  classes  and  highest  among  the  well-to-do  classes. 
The  general  present  tendency  in  all  countries  is  a  lowering  of  the 
age  rather  than  a  raising  of  the  same.  The  birth-rate  has  fallen  since 
the  sixties  in  all  western  countries  with  the  exception  of  Italy. 

Dr.  Fetter  believes  that  the  problem  of  over-population  will  be 
solved  by  the  introduction  of  psychological  elements  into  our  educa- 
tion ;  by  the  influence  of  an  improvement  in  the  standard  of  life ; 
and  by  the  educational  training  of  social  institutions.  To  this  latter 
method,  he  believes  society  must  turn,  and  with  a  feeling  of  greater 
responsibility  bring  such  educational  agencies,  as,  for  instance,  the 
encouragement  of  small  property-holding,  State  activity  in  the  line  of 
savings  banks,  etc.,  to  bear  upon  the  lower  classes.  And,  with  such 
measures  in  view  he  concludes  with  the  words:  "A  rightly  defined 
theory  of  population  is  not  the  prop  of  any  impending  injustice* 
nor  the  weapon  of  any  privileged  class,  nor  the  enemy  of  true  pro- 
gress. It  does  not  ignore  the  errors  of  the  past,  nor  the  evils  of  the 
present,  and  it  views  with  hope  the  future  of  society." 

Unemployed. — Report  of  Massachusetts  Commission.  The  com- 
mission on  the  unemployed  has  submitted  to  the  Legislature  the  first 
part  of  its  report,  dealing  with  relief  measures. 

Under  the  act  authorizing  its  existence  the  commission  was  organ- 
ized June  29,  1894,  and  has  consequently  had  but  a  few  mouths  in 
which  to  pursue  its  investigation.  The  act  called  for  an  extensive 
inquiry  on  subjects  widely  diflfering  from  each  other.  On  some  of 
these  subjects  there  was  little  data  available  and  no  precedent  for 
the  methods  to  be  followed.  The  commission,  therefore,  has  had  to 
devise  its  own  machinery  of  inquiry,  as  well  as  to  collect  independ- 
ently the  facts  called  for.  The  commission  has  kept  well  within  the 
appropriation  which  was  made,  and  has  already  collected  a  large  por- 
tion of  its  material. 

This  first  part  of  the  report  is  confined  to  relief  measures  adopted  in 
Massachusetts  and  elsewhere,  chiefly  during  the  winter  of  1893-94. 
The  discussion  of  the  relative  merits  of  these  methods,  and  suggestions 
for  the  future,  have  been  postponed  until  the  final  report,  which  will 
embody  the  recommendations  of  the  Board.  In  Massachusetts,  the 
relief  agencies  considered  are  special  relief  committees  organized  by 
the  citizens  of  the  several  cities  and  towns,  municipal  departments 
which  gave  employment  upon  public  works,  labor  organizations 
which  gave  out-of-work  benefits  or  used  other  funds  for  similar 
purposes,  private  charitable  agencies,  and  public  poor  departments. 
Interest  will  centre  chiefly  upon   the  operations   of   special  relief 

[1004] 


SociouxixcAL  Noras.  177 

committees  aud  the  emplo3rmeat  npon  public  works,  for  these  were 
due  to  the  anusual  depreasioD,  and  have  seldom  been  resorted  to  in 
Massachusetts. 

In  thirteen  Massachusetts  cities  or  towns  spedal  relief  committees 
were  formed  of  the  citizens  at  large.  In  seren  of  these,  of  which  Wor- 
cester  is  the  most  striking  case,  relief  was  giren  without  the  require- 
ment of  work.  In  five,  relief  was  given  both  gratuitously  and  in  the 
form  of  work.  Of  these,  Cambridge,  Chelsea  and  Ljrnn  are  the  most 
prominent  examples.  In  only  one  city,  Boston,  did  a  special  relief 
committee  give  aid  except  in  return  for  work. 

The  employment  upon  public  works  consisted  in  the  cootinnatioB 
beyond  the  usual  season  of  work  already  in  hand,  the  hastening  of 
work,  and  the  undertaking  of  work  which  probably  would  not  have 
been  done  at  all  in  the  near  future  if  the  desire  to  give  cnplojmcat 
had  not  served  as  a  stimulu.^  Tlie  work  performed  roiialitfMl  of 
street  cleaning,  street  construction,  sewer  work,  park  work,  grarel 
filling,  stone  breaking,  and  construction  and  maintenance  of  water 
worics.  In  a  few  cases  the  wages  paid  were  ooosidcimbly  lower  than 
those  usually  paid  in  the  departments  giving  emplojrment,  lor  it  was 
thought  that  the  inexperience  of  the  workmen  and  the  unfavorable 
season  made  labor  at  the  usual  rates  unprofitable  ;  in  many  cases  the 
wi^^  were  somewhat  re<luced  below  the  usual  point,  but  commonly, 
emergency  men  were  paid  the  same  as  regular  laborers.  In  almost 
every  town,  some  loss  was  suffered  from  the  inexperience  of  the  men 
and  the  unfavorable  season  of  the  year.  The  average  increase  of 
cost  was  perhaps  40  per  cent,  though  in  some  instanees  the  incrcnn 
was  as  much  as  aoo  per  cent 

Of  relief  afibrded  by  labor  organizations,  the  commission  has  been 
unable  to  obuin  full  statistics,  partly  because  of  the  unwillingness  of 
trade-unions  to  make  public  their  doings,  and  partly  becanae  the 
relief  afforded  was  unusual  in  character  and  therefore  recocds  of  its 
distribution  were  not  kept  by  the  unions  in  a  form  available  for  pobli. 
cation.  A  few  typical  insUnces  sre  stated,  however,  sbowing  the 
unusual  benefits  afforded  by  the  dgar  makers  snd  the  textile  workera 
of  the  State.  That  the  trade  organitatiotia  spent  large  anms  la  caring 
for  their  unemployed  is  shown,  in  addition,  by  the  statemcols  of  llioae 
who  raised  special  funds  or  opened  voluntary  aabacriptkMM.  The 
relief  sfforded  by  the  central  Ubor  union  of  Bostoa  h  aoUble.  not 
simply  because  it  was  contributed  by  others  than  mcmbcfs  of  trade 
organizations,  but  because  it  was  distflbvled  to  fomlllis  known  to  be 
in  distress,  whether  they  were  connected  with  tnde  ounnlinUonsor  not 

The  relief  granted  bv  private  charities  was  iiirwsiiil  in  anoont  at 
least  50  per  cent  orv^  that  of  a  normal  year,  and  the  pmymt^km  of 

[«005] 


17  8  Annai^  of  the  American  Academy. 

families  who  applied  for  relief  for  the  first  time  is  unusually  large. 
There  were  few  soup  houses,  and  a  marked  advance  in  relief  methods 
over  preceding  years  in  the  attempt  to  furnish  work  by  opening  wood- 
yards,  sewing-rooms  or  industrial  laundries.  Precautions  were  taken 
that  the  product  sold  should  not  enter  into  competition  with  persons 
regularly  in  employment,  but  the  difficulty  of  making  sales  in  this 
way  precluded  success  in  most  cases. 

The  relief  ajQforded  by  public  poor  departments  was  much  greater, 
particularly  in  the  cities  of  more  than  20,000  inhabitants,  where  it 
reached  two  or  three  times  as  much  as  in  previous  years.  In  four 
cities,  men  were  sent  to  wood-yards  for  this  purpose  ;  in  two,  they 
were  sent  to  the  town  farms ;  and  in  three,  they  were  employed  at 
stone-breaking. 

A  rough  approximation  of  the  number  of  persons  aided,  single  or 
representatives  of  families,  in  Massachusetts  by  three  of  the  relief 
agencies  mentioned,  citizens'  relief  committees,  public  works  and  poor 
departments,  puts  the  figures  at  65,000.  This  alone,  probably  repre- 
sents increased  or  unusual  aid  for  more  than  40,000  persons  or  fami- 
lies. Some  may  have  been  counted  twice,  but  it  is  hardly  possible 
that  the  number  aided  by  private  charities  and  labor  organizations 
would  not  restore  this  figure. 

The  applicants  for  relief  were  chiefly  of  the  unskilled  class.  In 
some  towns,  indeed,  where  the  distress  was  due  to  depression  in  an 
industry  which  furnished  a  large  part  of  the  employment  of  the  town, 
many  skilled  workmen  were  forced  to  apply  for  aid.  A  large  propor- 
tion, even  of  the  skilled,  are  reported  as  improvident.  In  many  cases, 
applicants  appeared  willing  to  do  a  fair  day's  work  in  return  for  their 


With  very  few  exceptions,  relief  was  afforded  only  to  residents  or 
persons  appearing  to  have  a  bona  fide  intention  to  settle.  Investiga- 
tion was  generally  attempted,  but  usually  proved  to  be  inadequate  or 
was  subsequently  abandoned  altogether. 

A  number  of  interesting  experiments  carried  on  in  cities  of  the 
United  States  outside  of  Massachusetts,  are  discussed  in  the  report. 

In  Indianapolis  the  administration  of  emergency  relief  was  under- 
taken by  a  committee  of  the  Commercial  Club  which  dispensed  food 
in  return  for  work.  If  a  person's  application  for  aid  was  reported 
favorably,  an  account  book  was  issued  to  him,  upon  which  he 
could  obtain  at  a  market  maintained  by  the  committee  a  ration  sup- 
posed to  be  sufficient  for  his  family.  The  ration  was  made  up  upon  a 
definite  system,  and  was  intended  to  include  all  necessary  foods.  It 
was  changed  from  time  to  time,  and  the  cost  was  charged  upon  tt.e 
account  book  at  seventy -two  or  eighty -two  cents  or  at  one  dollar, 

[1006] 


Socio wxjicAL  Notbs.  179 

according  to  iu  compotition.  The  reUU  price  of  the  artklct  would 
have  been  about  |i.6a  Bvery  effort  waa  made  to  obtain  the  beak  at 
the  lowert  poMible  coat,  and  aviatance  was  given  in  the  selection  bj 
dealers  interested  in  the  work  of  the  committee.  The  committee  waa 
nnable  to  procure  private  employment  for  the  men  whom  it  needed 
to  assist,  and  therefore,  for  most  of  the  time  the  main  reliance  waa 
public  work. 

In  Detroit  a  unique  plan  was  adopted  upon  the  recommendation  of 
the  mayor.  Hon.  Hoson  S.  Pingree,  by  which  unoccupied  land  within 
file  city  limits  and  adjacent  waa  utilized  by  the  unemployed  for  raising 
vegetables  for  their  consumption  during  the  coming  winter.  About 
450  acres  of  land  were  utilized  in  this  way.  A  special  Agricnltunl 
Commission,  appointed  to  take  charge  of  this  work,  staked  off  the 
land  in  small  parcels,  plowed  and  harrowed  it.  and  furnished  seed. 
It  is  reported  that  the  venture  netted  to  the  cultivators  food  to  the 
value  of  twelve  or  fourteen  thousand  dollars,  costing  the  committee 
only  three  thousand  six  hundred  dollars. 

In  New  York  the  most  interesting  experiment  was  the  cleaning  ci 
tenement  houses,  conducted  under  the  direction  of  the  Bast  Side 
Relief  Work  Committee.  Houses  numbering  seven  hundred,  com- 
prising three  thousand  rooms,  eight  hundred  halls,  five  hundred  eel- 
lara,  besides  sheds,  stables,  lofts,  etc.,  were  whitetntthed  ;  three  thou- 
aand  four  hundred  eighty-five  barrda  of  refuse  were  retBoved  from  fiv« 
hundred  fifty  cellars  ;  in  addition  to  these,  two  thouaaad  five  hundred 
halls  and  two  thousand  two  hundred  rooms  were  cleaned  and  scrubbed. 
Nearly  twenty  thousand  doUaxa  was  expended  aa  wagca  for  the  unem- 
ployed in  this  way. 

In  Chicago,  the  most  interesting  relief  was  given  by  work  for 
which  payment  was  made  in  tickets  redeemable  in  lodgiug,  Ibod, 
clothing.     The  work  consisted  of  labor  upon  the  streetsw 

The  experimenta  undertaken  abroad  for  emergency  relief  are  similar 
to  thoae  in  the  United  States,  and  throw  but  little  light  upon  the 
problem. 

The  Report  of  tlu  Citixens,'  Relief  Commiiie*  of  Boston  •  la  par* 
hapa  the  moat  suggestive  of  all  the  reporta  of  the  spadal  rsttcf  wosk 
for  the  winter  of  1893-94  that  have  yet  appeared  in  print  The  Boatoo 
committee  had  at  its  command,  by  subscriptkm,  something  ov«r 
|ioo,ooo,  and  together  with  money  earned  by  the  ifBOiiHent  the 
aum  spent  aggregated  |t36.ooa  The  report  givca  a  very  ftill 
alatistical  analysis  of  just  how  this  money  waa  apent,  and  aa 
account  of  the  plans  adopted  to  turn  it  into  the  moat  uaefhl  rhanneh, 

•  '•  Report  of  tbe  CfUaras*  Relief  CossaUUM  of 
IS9S-    Pp.7s-    PorsatebydsrlteAOoi.    Ptkt.netal 

[1007] 


i8o  Annals  of  the  American  Academy. 

The  only  unremunerative  work  done  by  the  committee  was  in  clean- 
ing the  streets,  for  which  |25,ooo  was  paid  to  17,383  men  in  small 
sums  for  whole  and  half  days'  labor.  Seventeen  sewers  were  con- 
structed at  a  season  of  the  year  which  made  the  work  more  costly  ;  the 
deficit  in  cost  being  made  good  from  the  Committee's  funds ;  111,485 
was  paid  in  this  way  as  a  deficit  which  enabled  contracts  for  <J535,i2i  to 
be  executed  ;  of  this  sum,  1^25,487  was  paid  in  wages  for  labor,  and 
112,091  paid  to  men  assigned  by  the  Relief  Committee.  Road-build- 
ing and  digging  down  hills  made  up  the  rest  of  the  outdoor  work. 
Lighter  indoor  work  for  men  not  able  for  the  severe  outdoor  work 
was  provided  in  an  annex  to  the  women's  work-room.  As  many 
as  200  men  at  a  time  were  set  to  work  on  rag-carpets  ;  about 
500  men  were  thus  employed  and  earned  about  $9900  for  9900 
days*  work.  The  indoor  work  for  women  was  conducted  along 
specially  able  lines,  and  relief  aflForded  to  about  2700.  About  350 
women  were  usually  employed  ;  the  largest  number  on  any  day  being 
525  at  eighty  cents  a  day  for  eight  hours  on  three  days'  shifts. 

A  part  of  the  products  was  sold  and  the  remainder  given  to  various 
charitable  organizations  in  Boston.  The  means  of  investigation 
employed  to  secure  relief  only  to  the  deserving  were  very  thorough, 
and  are  worthy  of  examination  as  a  basis  for  future  experimentation. 

Domestic  Service  Question. — In  the  April  number  of  the  Ladies^ 
Home  Journal*  the  Countess  of  Aberdeen  has  contributed  some 
weighty  words  on  the  vexed  question  of  household  service,  together 
with  an  account  of  an  interesting  experiment  that  she  has  made  on  the 
servants  of  her  own  household.  In  our  Eastern  States  with  the  pres- 
sure for  employment  and  the  severe  conditions  that  have  in  the  past 
two  years  been  brought  about  by  the  slackened  condition  of  industry^ 
it  is  singular  that  domestic  service  is  as  much  a  problem  as  ever,  not- 
withstanding the  fact  that  it  is  relatively  much  better  paid  than  the 
lower  grades  of  factory  work.  It  has  become  evident  to  thoughtful 
students  of  the  problem  that  the  difficulty  is  not  a  purely  economic 
one,  having  to  do  with  the  law  of  supply  and  demand  ;  but  contains 
also  social  elements.  The  relation  between  employer  and  employed  ; 
the  lack  of  freedom  of  command  over  one's  time  within  specific  hours, 
together  with  a  certain  caste  feeling — all  contribute  to  bring  about  a 
state  of  aflFairs  that  makes  it  impossible  to  supply  the  demand  for  even 
fairly  trained  and  efficient  domestic  service. 

The  Countess  of  Aberdeen  in  relating  the  results  of  the  experiment 
which  has  covered  a  series  of  years,  indicates  some  lines  along  which 

•"The  Burning  Question  of  Domestic  Service  and  an  Endeavor  to  Solve  It." 
By  the  Countess  of  Aberdben.  Ladies'  Home  Journal^  Philadelphia,  April, 
1895. 

[1008] 


Sociological  Notbs.  i8i 

further  ezpcrimeat  on  a  Uiger  acmlc  in  groups  or  famUks 
tried,  and  Miggcats,  at  least,  aoine  oiitkx>k  for  a  refona 
The  one  suggestion— of  some  limitation  in  the  bows  oft 
for  service,  is  in  itself  worthy  of  careful  rnniiiteratlou,  ladiridaal 
families  employing  a  small  number  of  servants  may  not  be  able  to 
carry  out  the  schemes  for  the  educational  and  social  improvement  of 
their  employes,  looking  to  the  possibility  of  making  such  work 
respecUble,  endurable  and  permanent,  which  seem  to  have  met  with 
considerable  success  in  the  case  of  the  Countess  of  Aberdeen  ;  but  the 
suggestion  certainly  contains  elcoMOts  that  might  be  made  applicable 
under  very  different  drcumsteBOSii 

The  Norwegian  Company  System  for  the  Control  of  tha  Llqoor 
Traffic. — In  a  recent  pamphlet  entitled  "The  Norwegian  Company 
System;  Why  Blassachnsetts Should  Adopt  and  Test  it,"  Mr.  George 
P.  Morris  has  given  a  concise  and  able  argument  for  the  Norwegian 
law,  which  is  now  being  used  as  campaign  literature  throughout  the 
State  of  Massachusetts,  pending  action  on  a  t>iU  that  has  been  bdotv 
its  legislature  for  some  time. 

Massachusetts  has  twice  tried  and  twice  rejected  prohibition.  It 
has  made  various  experiments  with  license  systems  and  with  the 
principle  of  local  option.  Local  prohibition  has  obtained  victories  in 
several  of  the  smaller  cities.  In  1884  six  out  of  twenty-three  cities 
voted  no  license,  and  in  December,  1894,  twelve  out  of  thirty-one 
voted  likewise  ;  but  some  of  the  largest  and  most  typical  cities  showed 
ao  di^MMtion  to  exclude  the  liquor  traffic  In  a  period  of  thirteen 
yeen  Boston,  Holyoke  and  Newburyport  have  never  voted  "  no  "  on 
a  lioenae  issue;  Lowell  and  Northampton  voted  "no "but  once; 
Lawrence,  Springfield,  Chicopee,  but  twice,  etc.  In  1894, 
Springfield,  Northampton,  Lowell,  Worcester  and  other  laife 
all  voted  for  license. 

In  1893  a  strong  movement  in  favor  of  a  trial  of  the  Norwegian 
Company  System  made  itself  felt  in  the  New  Rngland  prcaa  The 
legislature  authorized  the  appointment  of  an  able  cwnmiwinn  to  in- 
vtrtgate  the  system,  and  after  a  very  full  public  dlsciiMiuH,  the  com- 
mission drafted  a  bill  which  was  reported  to  the  General  Coait.  The 
joint  committee  of  the  Senate  and  HdaM  to  which  it  was  referred  fiva 
numerous  heatings  to  friends  and  opponent!  of  the  bill.— the  opposi- 
tion coming  chiefly  from  liqnor  dealers  and  producers,— and  the  com- 
mittee reported  "inexpedient  to  legislate."  After  thb  report  had 
been  made,  the  friends  of  the  bill  in  order  to  MUdify  their  ranks, 
amended  it  to  meet  the  obfectloBe  of  certaia  opponents  who  feared  an 
injurioos  eficct  on  the  no4lceaet  SlatM.  In  iu  new  shape  it  passed 
the  House  by  Urge  majorities  on  its  several  readhiga,  and  in  its  AmI 

[1009] 


1 82  Annai^  of  the  American  Academy. 

stage,  on  June  I2,  by  a  vote  of  eighty-one  to  sixty-seven.  The  Senate 
passed  it  up  to  the  end  of  its  second  stage,  but  it  was  defeated  on  its 
third  and  final  vote  because  some  of  the  Senators  felt  that  another 
year  of  examination  and  discussion  of  the  question  might  prove  best. 
It  is  probable  that  certain  pressure  exerted  by  the  liquor  interests  had 
something  to  do  with  this  sudden  conservatism  on  the  part  of  the 
Massachusetts  Senators. 

The  friends  of  this  experiment,  however,  have  this  year  made  a  re- 
newed and  vigorous  campaign  to  attain  their  object,  and  a  new  bill 
now  before  the  Massachusetts  Legislature  is  about  to  go  to  vote  and 
with  a  much  more  favorable  outlook  for  its  success  than  at  any  pre- 
vious time.  The  bill  is  entitled  :  The  Massachusetts  Norwegian  Bill 
of  1895.  It  provides  that  the  State  shall  require  each  municipality  at 
its  annual  election  or  town  meeting  to  decide  by  ballot  "  yes "  or 
"no"  whether  licenses  for  the  sale  of  intoxicating  liquors  shall  be 
granted.  The  bill  is  an  extension  of  the  local  option  principle,  it  is 
permissive  only. 

Small  places  which  ought  to  and  might  exclude  the  saloon  do  not 
come  within  the  application  of  the  law.  A  town  must  have  five  thou- 
sand inhabitants  before  it  can  try  the  Norwegian  Company  System, 
and,  further,  in  order  to  protect  the  cities  and  towns  which  have 
already  voted  "no  "on  the  question  of  license  from  going  back 
hastily  to  a  license  regime,  the  bill  provides  that  no  city  or  town  may 
adopt  the  company  system,  except  it  has  voted  "yes  **  on  the  license 
question  for  three  years  previous,  to  the  passage  of  this  act.  As  a 
matter  of  fact,  therefore,  the  act  is  a  piece  of  special  legislation, 
which,  under  present  conditions,  will  apply  to  only  ten  cities  and  eleven 
towns  of  over  five  thousand  population.  Further  conditions  imposed 
by  the  bill  are  : 

First,  a  petition  from  one  per  cent  of  the  voters ; 

Second,  a  bond  with  a  heavy  indemnity  guaranteeing  the  forma- 
tion of  a  suitable  company  ; 

Third,  the  question  goes  to  the  voters  for  a  "yes"  or  "no"  de- 
cision as  to  license,  which  if  granted,  will  then  be  granted  in  this 
form. 

Fourth,  the  Mayor,  or  Chairman  of  Selectmen,  Treasurer  and 
Chairman  of  Board  of  Assessors  are  constituted  a  commission  to  de- 
cide in  writing  to  which  of  two  or  more  applying  companies  a  monop- 
oly of  the  licenses  shall  be  granted,  which  decision  is  to  be  based  on 
the  fitness  of  the  applicants  for  effecting  the  ends  intended  by  the 
bill. 

Fifth,  no  more  than  one  license  to  three  thousand  people  shall  be 
granted.    At  present,  outside  of  Boston,  one  license  to  one  thousand 

[loio] 


I 


Sociological  Notbs.  183 

people,  and  iiuide  of  Boston  one  lioenae  to  five  hundred  people  may 
be  granted. 

Sixth,  the  hours  during  which  the  «Uoona  may  be  opened  are  cut 
down  from  6  a.  m.  to  u  p.  m.  at  at  present,  to,  from  8  a.  m.  to  to 
p.  m. 

Seventh,  in  order  to  insure  a  fair  trial,  the  question  of  liocase  cna 
ocmie  up  for  popular  vote  only  once  in  three  jreara. 

Bighth,  the  company  controls  retail  tnde  (up  to  fifty  gaUoos)  in  all 
alcoholics,  except  sales  in  drqg  tfbottm  and  tales  under  th*  ptmnt 
dub  law. 

The  financial  features  of  the  bill  provide  that  the  company  raoatvt 
five  per  cent  on  all  money  actually  invested,  and  shall  aocvmolato  a 
reserve  fund  equal  to  iu  capital  stock  in  order  to  gnarantec  the  fiwt 
value  of  this  stock.  Such  reserve  must  be  invested  aad  caaaoC  bt 
touched  except  in  case  of  failure,  and  the  income  from  it  b  i 
as  in  the  case  of  general  profits.  Net  profits  from  the 
business  are  then  distributed  as  follows  :  One-half  goes  to  the  tstab 
lishment  of  coffee  houses,  reading  rooms,  etc.  for  the  purpose  of  sllur* 
ing  men  away  from  drink  ;  an  amount,  not  exceeding  one-fifth,  is  to 
be  devoted  to  the  better  enforcement  of  the  liquor  laws ;  an  amount, 
not  exceeding  one-tenth,  is  to  go  to  the  oonntj  lor  iacmae  in  the 
number  of  probation  offices ;  the  balance,  at  least  ooa  fifth,  goes  to 
the  Stote  for  its  asylums,  prisons  and  reform  scbooliL  All  prafiti^ 
therefore,  are  distributed  with  a  view  either  to  prevent  or  help  lemedy 
the  drink  evU. 

No  stock  in  any  company  may  be  held  by  any  party  iatcreslcd  in  a 
liquor  bnainesn  The  State  Commissioners  of  Corportfioaa  BHt  over- 
see everything ;  require  sccounU  to  be  made  public ;  aad  wiad  up  the 
company's  bosancss  by  legal  process  in  case  of  violetioo  of  law.  Any 
who  chooaca  may  apply  to  the  County  Judge  of  Probate  for  m 
and  nvocatioB  of  lioease  in  the  case  of  aay  compaaj 
guilty  of  illegality. 

The  biU  has  been  carefully  prepared  to  insna  the  ddef  audi  almady 
attaiiied  by  Norwegian  experience,  namely :  FInt,  to  mmam  altava- 
meats  to  drink ;  lecond.  to  separate  the  Uqoar  tmriaim  from  polU 
tics ;  third,  to  sell  the  least  amount  practicable,  and  that  of  the 
puicst  quality. 

Mr.  Morris*  pamphlet,  as  well  as  various  other  articles,  soch  as 
"The  Norwegian  System  in  iU  Home,*'  by  the  Rev.  D.  N.  Beach, 
published  in  the  AVw  Emglmmd  MtfMim^  for  Pabraary,  1895.  as  the 
fesnlt  of  a  trip  to  Norway ;  aad.  a  reprint  of  Dr.  B.  R.  L.  Goohl*a 
article  on  the  seam  oal^ect  pablishcd  in  the  Forwm  November,  1894. 
caa  be  had  free,   for  pospeoca  of  distribution,  by  applying  (with 

[101 1] 


1 84    Annai^  of  the  American  Academy. 

enclosed  postage  for  return)  to  Mr.  J.  G.  Thorp,  Jr.,  89  State  street, 
Boston,  Mass. 

Another  excellent  r^sum^  of  the  facts  on  the  Norwegian  system  is 
to  be  found  in  a  pamphlet  by  Dr.  Gould,  giving  in  a  more  popular 
form  and  with  additional  facts  the  substance  of  his  report  to  the 
United  States  Department  of  Labor.  This  also  may  be  had  from  Mr. 
Thorp  on  payment  of  twenty -five  cents. 

The  School  of  Applied  Ethics  will  hold  its  fourth  summer  ses- 
sion at  Pl3anouth,  Mass.,  commencing  on  July  8,  1895,  and  continuing 
for  five  weeks.  There  are  to  be  four  departments — Economics,  Ethics, 
Education  and  History  of  Religions. 

In  the  Department  of  Economics  the  subjects  to  be  treated  are  : 
"The  Relation  of  the  State  to  Industry,"  *'  State  Legislation,"  "Tax- 
ation," and  **  The  Importance  of  Official  Investigation  in  the  Solution 
of  Industrial  Affairs."  Among  those  to  lecture  in  this  department  are 
Professor  H.  C.  Adams,  of  Michigan  University ;  Professor  J.  W. 
Jenks,  Cornell  University  ;  Professor  J.  B.  Clark,  Amherst  College ; 
Dr.  E.  R.  L.  Gould,  Johns  Hopkins  University  ;  Professor  Arthur  H. 
Hadley,  Yale  University,  and  Carroll  D.  Wright,  Commissioner  of 
Labor. 

In  the  Department  of  Ethics  Professor  Felix  Adler  will  give  six 
lectures  on  the  following  subjects  :  (i)  '*  The  Ethics  of  Industrial  Con- 
flict "  (Boycotts,  Strikes,  etc.).  (2)  "  The  Ethics  of  Industrial  Peace  " 
(Mediation,  Arbitration,  etc.).  (3)  "  The  Effect  of  Modern  Industrial 
Development  on  the  Family."  (4)  "Socialism  and  the  Family."  (5) 
•♦The  Future  Development  of  Trades  Unionism."  (6)  "  Spiritual  Re- 
generation as  a  Means  of  Promoting  Industrial  Progress."  Professor 
Woodrow  Wilson,  Princeton  University,  will  give  two  lectures  on 
"♦The  Referendxmi  in  Europe  and  the  United  States,"  and  Judge 
Oliver  Wendell  Holmes  may  possibly  give  three  lectures  on  ♦♦  The 
Effect  of  Modem  Economic  Development  on  the  Interpretation  of  the 
Law." 

A  complete  program  which  will  soon  be  ready  can  be  obtained 
from  the  secretary  of  the  school,  Mr.  S.  Bums  Weston,  1305  Arch 
street,  Philadelphia. 


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"  Workingmen's  Dwellings  in  London."  By  Edward  PorriTT. 
Political  Science  Quarterly,  March,  1896. 

"Industrial  Conciliation  and  Arbitration."  By  E.  R.  L.  GouW>. 
Yale  Review,  February,  1895. 

[1014] 


1 


Sociological  Notbs.  187 

Sodalism  and  Collectivism : 

"The  Collectivist  Prospect  in  BngUiML"  l\j  rroitof  CULUJUi, 
Nineteenth  Century,  January,  1895. 

"Sidelights  on  Sodalism. "  By  three  aotbon  who  tmt  of  Belgian 
Sodaliam,  Dr.  Hertaka's  "  Preeland,"  and  Bebel'a  "  Woman.'*  Fort- 
nightly  Review,  February,  1895. 

••  De  Sociaiisten  Ptrsonen  en  Stetsets."  By  H.  P.  G.  QuaCK.  Vol. 
rV,  Part  I.     Pp.  406.    Amsterdam.  1895. 

'*The  Program  of  German  Sodalism."  By  W.  huUEMWCtn, 
Forum,  February,  1895. 

••French  View  of  Socialism."    Social  Economist,  February,  1895. 

••  Socialism  and  Anarchism  "  By  Profestor  A.  PooaOA.  La  ki/brmm 
aociale,  January  8,  1895. 

••Socialism  and  a  Municipal  Commonwealth.**  By  L.  C  Barkis. 
American  Magazine  0/ Civics,  March,  1895. 

•'The  Socialism  of  Moms."  By  Thomas  S.  PonoM.  VaU 
Review,  February,  1895. 

5ocial  institutions:  — TV  Family, the  Church. 

"The  Church  of  God  and  Social  Worlt."  By  Rev.  Canon  H.  8. 
H0U.AND.     Economic  Review. 

**  L* esprit  nouveau  dans  taction  morale  et  religieuu.**  Par 
Vabb^  J.  Crbstbv.     Pp.331.     Paris :  Guillsumin  et  Cie.     1895. 

••The  History  of  Marriage."     Catholic  World,  February,  1895. 

ChariUes: 

••  Ilpauperismo  e  la  SocieUt.'*  By  S.  Di  PiSTRO.  a  vola  Pp.  80^ 
105.     Milan,  1895. 

••  An  Experiment  in  Relief  by  Work."  By  Corkkuus  Gardsxsr. 
Charities  Review,  March,  1895. 

"  Charity  Organization  iu  Southern  Citiea.**  By  Philip  W.  Ayrrs, 
Ph.  D.    Charities  Review,  March,  1895. 

••Society  Can  Afford  to  Neglect  None  of  iU  Pragmcnta"  By  W. 
B.  C.  Wright.    Charities  Review,  January.  1895. 

••  Pauper  Lnnacy  and  Ordinary  Paoperiam  :  A  Contrast"  By  T.  W. 
L.  SrSMCS.    Scottish  Review,  January.  1895. 

••  Proceedings  of  the  National  Conference  of  Charities  and  Corree- 
tioo.  Twenty-firit  Annual  fifMion  iMld  at  Naahville.  Tenn.,  May 
23-19.  1894.  ••    Pp.  4«.     Boston. 

"  The  Tenement  the  Real  Probkm  of  CiviUutlon."  By  J.  A.  Rnft. 
Forum,  March.  1895. 

"  Volunteer  Charity  Work."  By  R.  CiiAWt.  Heanmrd  GrU^ 
mates*  MagoMtme,  March,  1895. 

[1015] 


1 88  Annals  of  the  American  Academy. 

Liquor  Lesi^latlon : 

••The  Gothenburg  System."  By  K.  S.  Talbot.  Good  Wordi, 
London,  February,  1895. 

♦'  Popular  Control  of  the  Liquor  Trafl&c."  By  E.  R.  L.  Goui,D.  Pp. 
102.     Baltimore,  1895. 

•'Scientific  Temperance  Instruction  in  Public  Schools."  By  Prak- 
CES  E.  Wii^ivARD.     Arena,  March,  1895. 

'•The  Norwegian  Company  System;  Why  Massachusetts  Should 
Adopt  and  Test  It "    By  Geo.  P.  Morris.    Pp.64.    Boston,  1895. 


INDEX  OF  NAMES. 


▲ussviATioitt.— In  tta«  Index  ttaa  toXkmlag 
prinelpal  paper  by  the  penon  named ;  eoei.,  tartaftr  oomBmnleetkm,  hf  the 

: :  &.,  review  ofbook  of  which  the  pefsoo  neaed  to  the  author :  p.  n.,  pemioel 
penon  named ;  r.,  rerlew  hy  the  pesna  named ;  trcau.,  trinelatton  bf  the 
mO..  mieodlanj  by  the  peisoo  named. 

Baldwin.  J.  Mark,  m 
Balfoor.  A..  MS 
Ballach,  J.  C.  2M 
BaliaT.iM 

Bambemr.  L. .  100  ki.  t0 
Bancroft;  It.  H..  imk,  lUk. 
Bannerman,  M  n.j  610 
Barber.  hTb..  -m,  837 
Barbtelm 


Abbott,  Awdn.  4S0.  839 
Abbott,  Lyman.  6» 
Aberdeen,  I^y,  1008. 1014 
Aekland.  12 
Aflialrd.  Arthur.  S 
Lord, 817 


JmrtlL  William  M..  481 

Oea'k,  107  K  7M 

H.  a.  to,  7M-06  mi*. 

H.  C.  &A  fin  Al.  791  et  eeq..  7V7, 
1012 

John.  290 

John  Q..  417 !>.  ».,  828k  78i 
AddaoM,  Jane.  Ml  b. 
▲dtor.  fWlx.  221.  1012 
Idler.  O..  718.  726.  729 
4*AlaiMX  R.  O.  B..  147 
Aldonraeo.lL.  288 

*     XL.  118 
Ili..M5 


814  bi,  «M  et 


I   Andefeoo, 


P.  M.,  419 
Andrew!,  Judge,  672 
▲ndrewe,Cir,4ao 
Andrewa,  IL  B.,  61  et  teq. 

eeq. 
AncoC  dee  RoCoan.  J..  837 
Anthooy.a65 

ArEkiW.816 
Aniann^  A.,  969  b. 
Arnold.  B.  W..  Jr..  384 


Arthur.  P.  M.. . 
ABhley,  Wm.  J., 
Atklneoo.  Bdw..  •«.,  > 
Atwat«r7wm.O..460 
A  uchmnty.  909. 381  et  nq . 
Atierbaoh.  B.,  1018 
Auffuatua,  030 
AuiiUn.  J..  138L  488 
Avery.  C.  1*.  Jr.,  419  e.  «. 
Ayvrn,  P.  W.,  814,  lOlT 

T  Baader.  P.  X..  908 
Babeuf.  O..  730  et  leq. 
liACoo,  P.,  981 
Baden-Powell.  B..  Wb  k 
Bedfer,  Oe&  I..  S9 
BailhMhe^..  80 

BekonnlMLlL,788 
Belch, MaAjQ..  M8 k. 8« 
Baldwin,  P.a.Mfcn. 


611.  791  el  eeq. 


Baye^ 

Baxter.  Byh 

Baaard.7i0 

Beach,  D.  N..  1011 

DMPnneiili.  lord.  4».  801 

Beudikee.c:&,4&) 

Beardritf,  ChM^  Jr..  416  p. ». 


Backer.  Til  etmq. 
Beekman.  B.  £;•• 
Beer.Q.  L..4S 
Bdkter.  464 
BeU,  John.  413 
Bellamy,  Mw..  819 
-  ,0..  488 

Mw.  W.,  80M1  pep..  4«  k. 

167 
JB.J..18B.4I7.«k«i 
r.  A.  k..  140  k  »«» 7981  8lfr4l  f 


140  k 


J.&.Bielii«.,«k«l 

CCfflk 

A^SII.988 


[1OI7] 


190 


Annai^  op  the  American  Academy. 


Bishop,  C.  F.,312  6. 

V.  Bismarck,  Otto.  601,  760,  767 

Bittenger,  J.  W.,  642 

Black,  Jas.  W.,276p.  n. 

Blackmar,  F.  W.,  109-11  r,  793,  797, 1014 

Blaine,  Jas.  G.,  601 

Blanc,  Louis,  615,  736 

Blanchard,  T.  K,  876 

Bland,  R.  P.,  563 

Blandin,  E.  J.,  638 

Blankenburg,  R.,  649 

Blanqui,  720 

Bleicner,  454 

Bleichroeder,  249 

Blenck,  453 

Bleunerhassett,  494 

Block  M.,  1014 

Blondel,  G..  617 

Blumenthal,  J.,  839 

Bluntschli,  J.  K.,  727 

Bodio,  L.,  455 

Bockh,  R.,454 

Boke,  G.,  455 

T.  Bohm-Bawerk,  E.,  125,  149-208  pap., 

512  et  seq. 
Bottger,  Hugo,  784  h. 
Boissel,  F.,  755 
Bonaparte,  C.  J.,  636  et  seq. 
Bonar,  Jas.,  609  6. 
Booth,  Chas.,  3  et  seq.,  59,  334,  651 
Booth,  Lucy  C,  283 
Booth,  Wm.,  825 
Bosanquet,  B.,  591  6. 
Bourinot,  J.  G.,  653-83  pap. 
Bourne,  Edw.  G.,  605-6  r. 
Bowen,  L.  J^  28 
Bowker,  R.  R.,  792  et  seq. 
Boycott,  Capt.,  39,  40 
Boyd,  John  A.,  653 
Brackett,  J.  R,  793 
Bradley,  F.  H.,  652 
Brants,  Victor,  652 
Brentano,  L.,  141  6.,  147,  279,  317  et  seq., 

438,954 
Brewster,  L.  D.,  836,  853  etseq. 
Bridenbaugh,  643 
Bright,  J.  W.,  627 
Brinkerhoff,  R,  871,  966 
Brinley,  C.  A.,  141  6. 
Brisbane,  A.,  295 

Brooks,  Johu  G.,  1-27  pap.,  759  b.,  790 
Brooks,  K.,  283 
Brown,  G.  P.,  458  6. 
Brownell,  J.  L.,  48-89 pap. 
Browning,  R,  601 
Brunner,  693 
Brueyre,  E.,  828 

Bryce,  Jas.,  141,  662  et  seq.,  784  6. 
Buchanan,  Miss,  823 
Buchez,  615 
Buckalew,  844 
Buckle,  T.,  583 
BQben,  453 
Bugbee,  L.  Q.,  284 
Bulcke,  Aug.,  148 
Bullock,  137 
Buonarroti,  720 
Burchard,  E.  M.,  827 
Burdett,  P.  ,492 
Burgess,  J.  W.,  795 
Bumham,  Geo.,  Jr.,  687 
Burns,  John,  18 


Burrington,  Geo.,  299 
Burt,  Thos.,  508 
Butler,  426 
Butler,  N.  M.,  988 
Butler,  Wm.  A.,  839 
Butt,  495 

du  Buy,  Jean,  283 
Byers,  John  W.,  642 
Byrns,  John,  214 

Cabet,  E.,  720  et  seq. 

Cabot,  John,  291 

Cacheux,  454 

Cadwallader,  John,  839 

Cain,  Jas.  W.,  268 

Cairds,  981 

Caimes,  J.  E.,  513 

Caldwell,  Chas.,  299 

Callender,  G.  S.,  284 

Callins,  R,  1015 

Calonne,  558 

Calvert,  Geo.  C,  283 

Campe,  728 

Canfield,  J.  H.,  792 

Cannan,  Edw.,  333,  610,  612  b. 

Cantillon,  R.,  117,  312  b. 

Capelle,  L.,  148 

Capen.  S.  B.,  808,  825 

Capmany,  606 

de  Card,  E.  Rouard,  111  6. 

Carey,  H.  C,  151, 187,  981 

Carnegie,  A.,  142  6. 

Cartier,  J.,  778  et  seq. 

Carver,  T.  N.,  282,  791  etseq. 

Casimir-Perier,  2S8 

Cassot,  A.,  793 

Castlereagh,  135 

Cate,  LAurette,  396 

Chalmers,  Judge,  853 

Chamberlain,  Geo.  D.,  793 

Chamberlain,  Joe.,  3  et  seq.,  500,  502, 

1014 
Champlain,  779 
Chandler,  J.  A.  C,  284 
Chapin,  R.  C,  268 
Chaplin,  962 
Chasot,  Genl.,  142 
Cheever,  Helen,  396 
Ch6non,  K,  617 
Chevalier,  M.,  557,  720 
Cheyney,  Edw.  P.,  621,  776-78  r. 
Cheysson,  M.,  584  et  seq. 
Child,  610  et  seq. 

Chisholm,  J.  C,  908  4 

Chubb,  627  -^ 

Churchill,  Randolph,  502 
Clarendon,  Lord,  39 
Clark,  F.  C.,  718-39  pap. 
aark,  J.  B.,  96  et  seq.,  155, 170,  278.  409  et 

seq.,  513  et  seq.,  624  etseq.,  712,  790 et 

seq..  892,  956  p.  n.,  1012 
Clarke,  Samuel,  413 
Cleveland,  Grover,  104,  466,  563,  619 
Closson,  C.  C.  284,  823 
Cobden,  R,  557 
de  Cocquiel,  C,  148 
Codman,  John  T.,  967  6. 
Cohn,  Gustav,  117,  767 
Colbin,  C.  A.,  271 
Colbum,  R.  T.,  684-704  pap. 
Colby,  Jas.  F.,  832,  837  et  seq. 
Coleman,  868 


[1OI8] 


Indbx  op  Namrs. 


191 


OolerM«.aT^« 

coUvtOiiM.  m 

Cullin,  a  A.,  271 

OolllxM.  Mia^  4n 

ODliim6ai^CLttB«Cna. 

Ajmmw  John  B^  «;  Mi  •!  «q..  < 

Cgate./S^  laH  Mi,  Oft.  «1.  H7. 


Ooogvr,  C.  T.,  Snjk  n. 
GoDnd,4a6 

12. 1ft 


Cbok.  H.  H.,2M 
Oook.  W.  W..  M9 
Cooke.  F.lL.&a^-TiflMM. 
Oooke.  Jay.  tt6 
Oooley.  C.  H..  218.  in,  1« 
Cboley.  T.  M..  IIS.  UO 


OofnloMC  U  A..  Oi 
Oofw>.  M..7gi 
CUM,  L..  117.  m 
Coodert.  K.  R..  Jr..  in 
Courtoer,  l^R.,mt 
CoaBln.6i& 
CoDrrear,  Aof..  Mi 
Cowie,  Gca  O..  iiS 
Cbwl«».  Ju.  U.  ?» 
On.  41 

Coze.  Brinton.  113  bi.  44i 
Cmfta.  W.  F..  6&1  b. 

CimmiAlL  R.  K..  20 
Crmwford.  H.  U..  987 
Crestey.  J..  1015 
Crocker,  a  L..  in 

CMktf.j.  w..«ii.«i 

CNMBplOO,  B.(  2H 

Craaiw«Il.  Ollvw,  m 
Ciook,  Jm.  W..  2M.  7« 
CrowelL  John  >..  Ml.  7M 
CnuD,  P.  a.  7W 


Mn..Cl0 

m.  US.  «7-ii 


Cunter.  C  F.  A.,  lli-14  r.. 

11  f..  VTi-Tf  r. 
COfftt*.  Oeok  W.,M^  »7  et  iM)..  ii7 

I>«i».C  A..Mi^«i 
l*«nii.  J.  tl..Mi 

l^nlrU.  W.  M..  Mi 

iMrwln.  Chaa.  la^  IM.  Ml 

I>'Av(>cuuat.ilO 

l%Tto.  John  P..  114  k.  Mi 

1»»tU.  John — 

Ii«Tli^  Noah,  I 


'.. 


I»»y.  I>  T..  7W 
Day.  Bdw..  — 
DaAmld^ 


OtI»afcM.UJM 
DjOj^a^W4.Mi1»^ 

lit  iMMIk  P..  Mft 
Oj^^jrp^^F.n. 

UttiSk'VltfkM^Miii 

te«2*  a  B..iM.  TtfTW 


S^l- 


Dofwd,  JaioiMb  Mip^  o^*  i7&-77  eoa. 
Doay.MA 

Draper.  J.  W^fli 

Dodl^r.  fteten  a.  VT-f?  piV^  if7 
""  ""         "  L.  B^Mi 


Diunool,M«li 


Dopoot,  Aof ..  Mi 
Dapaiil.P.a.Cli 
DQ|irt«.L..M7a 
Dapojr.u 
DoilMB.Lavd.flM 
Darkh«tai.B^«l 
Dvlchcldw.  P..7«a 
Dwicht.  T.  w.. ;»  K.  m 
Dfw.L..  IM 

IthriM.  Lo«d.M 
-  CU..«7 

Btfoa.Ml^if7 


sn^; 


..P.TMM9.17«.Mil«l 
^.a.ikTH 

iiCIm     ^^ 


£.7tf 


A^IMk 
lL.Mi 


[1019] 


192 


Annals  of  the  American  Academy. 


Everett,  E.,  412 
Ewerbeck,  721  et  seq. 
Ewing,  W.  B.,643 

Falkner,  Roland  P.,  450,  455 

Famam,  H.  W.,  792  et  seq. 

Farraud,  627 

Farrer,  T.  H.,  997 

Fawcett,  H.,  492 

Federapiel,  M.  A.,  284 

Fekete.  454 

Fernald,  W.  E.,  966 

Ferraris,  C.  F.,  455 

Fertig,  Jas.  W.,  283 

Fetter,  Frank,  588  p.  n.,  589  p.  n.,  791  et 

seq.,  882-%  pap.,  1001  b.,  1013 
Feuerbach,  726 
Flamingo,  G.,  826, 1013. 
Fichte.721 
Field,  b.  D.,  853 
Fink,  A.,  910  et  seq. 
Finley,  J.  H.,  651 
Fisher,  I.,  157 
Fisk,  J.,  691 

Piske,  John,  289  6.,  446  b.,  674,  678,  825 
Fitzsimons,  426 
Flint,  Robt.,615  6. 
Floquet,  8 
Flower,  B.  0.,  1014 
Flower,  R.  P.,  271 
Flux,  A.  W.,  323 
Fodor,  Joe.,  452 
Folks,  Homer,  652 
Folwell,  W.  W.,  792  et  seq. 
Foote,  Allen  R.,  793, 1000 
Ford,  W.  C,  790 
Forman,  S.  E.,  627 
Fortescue,  J.,  429  et  seq. 
Fortuonatoff,  454 
Fothergill,  J.  M.,  53  et  seq, 
Fourier,  C,  295,  720  et  seq.,  957 
de  Foviile,  A.,  304,  959,  962 
Fowler,  8 
Fox,  M.,  211 

Fradenburgh,  A.  G.,  279  p.  n.,  288 
Francisco,  M.  J,,  999 
Francke.  K,  147 
Franguelin,  779 
Frankenstein,  K.,  122 
Franklin,  Benj.,  831 
Frederick  the  Great,  142 
Frederiksen,  D.  M.,  242-56  pap. 
Freund,  E.,  587  p.  n. 
Friedberg,  R.,  420p.  n 
Friedenwald,  H.,  283,  419,  795 
Froebel,  Julius,  725  et  seq. 
Frontenac,  778 
Fruaseth,  210 
Fulcomer,  W.  D.,  648 
Fuller,  Margaret,  295 
Fulton,  Robt,,  602 
Fuster,  K,  827 

Gaedertz,  K.  T.,  142  6. 

Qalton,  22.  602 

Gannett,  Uenry,  58, 1014 

Gardener,  C,  1015 

Gardner,  Wm.  E.,  225 

Garrison,  Geo.  P.,  136-38  r.,  964-86  r. 

Geer,  C.  M.,  450 

George,  Henry.  295 

George,  III.,  32 


Gerson,  108 

Gibbins,  H.  deB.,  313  b. 

Gibbs,  962 

Giddings,  F.  H.,  104  p.  n.,  257  et  seq.,  261 
et  seq.,  398-401  com.,  410,  578  et  seq.,  591 
6.,  624  et  seq.,  627,  639,  640  et  seq.,  706  et 
seq.,  746-53  com.,  791,  942  et  seq.,  948  et 
seq.,  981 

Gide,  C,  143  6. 

Gierke,  O.,  446 

GiflFen,  R,  301 

Gilder,  R.  W.,  639,  817 

Gilliland,  Mary  S.,  652 

Gilman,  D.  C,  650 

Gilman,  N.  P.,  793 

Gilroy,  823 

Gindele,  C.  W.,  215 

Gladden,  W.,  966 

Gladstone,  W.  E.,  288,  497  et  seq.,  601,  766 

GlennTjohn  M.,  793 

von  Gneist,  R.,  422 

Godwin,  W.,  48  et  seq. 

Goehlert,  453 

Goff,  John  W.,  804 

Goldschmidt,  434 

Golowin,  I.,  726 

Gompers,  S.,  221,  233,  237 

Good,  C.  148 

Goodchild,  F.  M.,  828 

Goodell,  Chas.  K,  589  p.  n. 

Goodnow,  F.  J.,  487,  865,  880.  1000 

Gorst,  3,  12 

Goschen,  G.  J.,  144  6.,  802,  602,  961,  965 

Gossen,  179 

Gould,  643 

Gould,  E.   R.  L.,  650,  652,  759-62  r.,  793, 

954,  p.  n.,  989,  1011,  1012,  1014,  1016 
Gould,  Jay,  691  et  seq. 
Graham,  49  < 

Graham,  Prof.,  1015 
Graham,  Robt.,  819,  821 
Graham,  W.  A.,  897 
Grant,  U.  S.,  309 
Gray,  114 
Green,  A.  H.,  639 
Green,  D.  I.,  108-9  r  ,  176,  292-94  r.,  431-33 

r..  451,  512-30  pap.,  793,  965-66  r. 
Greene,  E.  B.,  415  p.  n. 
Grenfell,  962 
Gr6vy,  Jules,  288 
Grinnell,  I.,  821 
Grose,  H.  B.,273p.  n. 
GrUnberg,  K.,  755  p.  n.,  762  b. 
Guillaume.  453 
Guizot,  F.  P.,  615,  729 
Gumplowicz,  L.,  128-36  r.,  598-99  r..  606-8 

n,  762-64  r.,  767-68  r.,  972-73  n,  979-81  r. 
Gundaker,  G.,  793 
Gunton,  Geo.,  570,  612,  792  et  seq. 
Gurteen,  a  H.,  828 

Hadley,  A.  T.,  6'25,  651,  749,  790  et  seq., 

1001  et  seq..  1012 
Hale,  Edw.  E.,  380,  989 
Hale,  Geo.  S.,  825 
Hale.  W.  B.,  989 
Hall,  A.  C,  284 
Hall,  W.  E.,  986  6. 
Hallam,  H.,  837 
V.  Halle,  E.  L.,  793 
Hamilton,  A.,  425, 601,  844,  900  et  seq. 


[1020] 


Index  op  Nmom. 


S9S 


Hammond,  If .  B.,  91. 7M 
Uannali.  J.  W..  612 
HaiMMm,  G.,  58  e«  wq.  967  b.  a, 
Hardinc.  &B..»I 
lUnUnc.  Wm.  ¥.,  2» 
Hmrdy.  Biuab  M..  2U 
Hare,  810 

Harrb,  W.  T..  223. 616 
Harriwo.  P.,  810 
Harrower.  P..  821 
~       A.  B..98i 
U.  U..90 
mnn,  C.  P..  4M 
Ington.  Marquis  of,  800,  f02 
I.  U.,7bb 
BMklna.  C.  IL,  797 
Balbawajr.  P.  k..  Ttt 
Baaka,  K,  754  jk  a. 
Bmrkliia,80 
Bft«kli»tP.E^41»».M. 
Bavtojr.  F.  B..  7«2  •(  teq. 
Swthorae.  1^  28^  wT 
HaTsea,  G«a  H., »  «  r., 

80r7W7  68  r. 
HayiMB,  John.  281, 788 
Hamrd.R..7n 
Haslltt,  Wm..  49 
~      •,  O.  W.,  721,  880 

G..ano 

U7 
,  a  R.,  265.  268.  274  p. 

&R:.2M 
L.  T.,  419 
Henry  L.  786 
Bcnij  IT..  786 
Henry  vnL,  681 
-  H8 

&.  889.  848 
P.k.91.81&.611 
G«K  D..  1018 

P.  L.  807-10  r., 
;  A.  a,  2M 
,101ft 
M oeea,  726. 729 
^Jaa.,289 
606 

P.  C  790  eC  no. 
Edw.  E..  999V. 
(brand,  B.,  719 
ill.  F.  A.  4«6 
Ul.  OrUvlii.  432 

I  Birach,  Baion.  2SS  et  teq. 
rMb,  Max.  144  6. 

■•l  JTgL  488 
,  i.  A..  ».  101. 1014. 
P.  L..794 
7S 

.a.ioift 

•  ^  A..9888/ 

69a.  K..  77.  84 
O.  W„  1012 
H..a6  8c.897.9« 
Henry  JpU 

'  129 


48MB  r..  7IS- 


n...584 


409-U 


Boonrieh.I.A..  1181k 
He«Monjb.r..Be»^». 
&.9MelHq. 


LW..98o^«nk,Ml7Q^ 
A.&.2N 
■11,8.  &.«9 

t.B.P..fll 

Boyt,  Omml  H .  989 
Habterd.aM..6BI 

Hoonn,  h..  795     

Hodion.  Wm.  B.. 8Mk 
H0bner.a,8l6 
HoMaadTllft 

Hall.  Wm.  L.  419  9^  «^  «•  k 
Haroe.  D..aa49LiML 
Uuroe.  Jaii.74aL44I 
Hunter.  8. 12 

Huntinctoo.  J.  O.  &.  891  k 
HnnTH.  M.,  681 
Baddaon,  W.,44S 
BukTTTlMaB..  749.01 
Byalop^  J.  B..  968 

iTto^Wm.  1^.429 

A.,997et«q. 


Jacobs  — 

JaixM.  Mary  P..  928 

Jamm.  £  J..  6aMb  J9C  9» 
JameB.BenrT,  8^898 
Jammon.  J.  A».  795 
Jamicaon,  Geo.  9B 
Janci.  UJ.JBI 
JanneL  a,  186n.  «l.  90 
Jay.  John.  101.  Im 

iSSok}.  w!rf&lS  r.  189.  63% 

5MLC.L,n7 


nOr.  Mantay.tSL  m,m,m 
««HMMtM«>.Mal  n«^8Bk< 

JotaSn!  B.  R.,  IM-M  r..  289-71  emk, 

f.  Mm  7liM9  r..  TN^  987-914  pay. 
JphiMWi.  RfOflHer,  794 
jSa5oii.i.S.2l9 
laMLD.A..ni 


Kiartiy.L>M..104pLa..7tl 


Kebenk 
KeM«^a9 

[loai] 


yn 


194 


AnxaLvS  of  the  Aimkrican  Academy. 


Ki'llou't,',  A.  15.,  (;:;•.> 

Ki'il..L;.Lr,  ('.  !».,  '.tiM 

Kriiip,  Jus.  K.,  7.^1  b. 

KfiiyDii,  M.  !».,  S7.') 

Ko<.j,'h,  J u. !•;(.•,  I'Jl 

Ki<l(l.  H..  bim,  liil:5 

Kindiriiuiini.  ('.,  7')7  ]>.  ii. 

Kiulry.  D..  llt.-17  r.,  -Ill  p.  n.,  7'J() 

Knupp,  7i'.:". 

Kniu'hl,  lii-H).  W.,  7y'J,  7'.ii;'J7  ;/;ioJS. 

Kiiox.  Miss  M.  A..  G17 

KohHtscli.  K.,  7m; /.. 

Korosi,  J,,  l.i:;  I'l  scip 

Km  ant/.  -M.,  'Jn; 

V.  Krullt-Kbiiiur,  11.,  1V> 

KniMs.  ol.') 

Krifhii,  (uH)..  il7  ;j.  ;i. 

Kr.H-rr,  M.,  112 

1. 11  Man'k.  CM 
l.uiiK'iinnis,  v..  7'JO.  727 
Uiini)rt'chl,  .')'.i;'> 
Ijiuczv,  (i.,  AW.', 
l,'ui-,'L.,  a:c,,  i:,:. 
LHiiL^di-ll,  ('.  C.  K"..i 
J.urnjUKk-,  v.,  lis 
•  If  l>}is  Chshs,  U.,  2.11.  2'>2 
l-avvall.-,  F.,  7;U  el  sr<i.,  7.VJ 
dij  l,!i  Sulk'.  Sieur,  77'.» 
l.iiD-liliii,  J.  L.,  27'.»,  7'.»(; 
<1('  i-avclfvi'.  K.,  27G 
LtivissL',  K.,  tilt;  b. 
l^iw.  J. ill II,  ;;u2,  (ill) 

\a-a,  II.  ('..  IDS 
I..-;irli.  (V  W.,  U'J 
Lrc,  ',.  W.,  Kill 
l^'.-,  ll.i:r\-.  Nj:. 
J,..-,  \i.  JI.',  ,,<,l,  7'Ji 
l^T.'h,  <.;,',' 
l.'c-iv, .(.  w.,  t;j2 

l..'iir,  ,Iu!ii!s,  122  b.,  7:;7  ;/.  ». 

I.vidi-,  l.-l 

l.-idv,  ,1..-.,  7V2 

I..!Mi>(.niir,  11.,  1  is 

I.-  riuv.  K.,  :;.;i 

I..-  K--"ml'ii.,!.  Ja.-.  ivhv.,  11:'.  y>.  ». 

l..TMV.I'.,-,uili.-U,  A..  212.  21.. 

1..-I-V  l',.-aulicii.  ]'.,  :,:;rt  -•.].,  27'« 

I/-t.!, north,  .S7I 

l.'-\,.-M-ur,  l';.,:,2et  s.-,|.,  -2\  1.' 


l.'vv.  U.  (,  ,  :;(-)/,.,  M:,y  ,;; 
l.-u'.-,  <i    Ii..71  . 
l.'V.  :-,  '.'  u.  II  ,  111  ',. 

!.•  uis,  W  1.1.  lMa|M.i-,  i:;;;- 
1.  ('l-v,  W  111.,  .li.,  .i,,o 
l.'f.t.-.  ,  <  •,  <..    2-1 
!.•>.•  •.  K..  •:.■'.  7''.'. 
1.  ■■...■,.-■:'.  \S   ,  lol.j 

I..'    ••,  A  ,  --■: 
I   -•;/:.■  I.  w  .  II..  >::■< 
l.:ii-.:n.  A..   11.:.  ..17 
I    V  .  ::i.  '      II  .  .-".  ;5  ;■. 
l.:':-.l:,.  Mr-  .  .;.;j 
I..:.'!,  run:!.  ',.  ,,     i;i:; 
l.;i.  I  .IN.  -    M.    :;■■:.  .  w7  r. 
'•"■'..  7-1. -1  -.<).,  :...-.-7(. 
I.;ii-Mri.  .1.,),!,  .1..  -71 
I.;v.Ti--.l.  1...I.1,  'y.l 
J...-h,  <■.  ,-.,  u,l 


4..:;,  lii: 


•llSy, 


Locke,  Johti,  117,  CIO,  83-4 

Lu.lt^c.  II.  (".,  (317  6. 

Loeb,  1.,  2S1 

LDiuhnnl,  KVl 

Lomenie  (it-  Briemie,  K.  C,  G16 

JyOiiK'stHti;  (J.  H.,  .");?  ct  scq. 

l><)os,  1.  A.,  T'Jil  et  se(|. 

I.oria,  Achille,  15(3,  Abb,  756 

Losch,  H.,  595  6. 

Lot/..  \V.,  1 17 

Louis  XIV.,  10'.) 

Louis  XVl.,  ;V).S 

],o\v,  .S,'th,  790 

Low.  Win.  (;.,  r.:57 

Lowell.  .Jo.si'iihineS.,  2<.'2  6. 
Lowell.  ,Iohn,  114 
Lubbock,  11.  M.,  .S28 
LiUler,  ;31.'> 
Luther,  ^L,  10.^,  977 
Lyllelton,  A.,  l;;i 

Miic  A  lister,  .las.,  221,  210 

Miieauliiy,  '1'.  I!.,  :;n,s 

.Miic('inu"i,  John,  127  b. 

MacdouaM,  ,^.n,s 

MncLoiiiild,  Win.,  'H).\ 

Miice,  W.  H.,  77:;-7t;  r.,  'dllD^r. 

Mad'arlane,   C   W,  90-103  /-ap.,   M9-2U8 
^■m;/.n.,  I'.l.'i  /)..   li.O  et  se<i.,  791 

Machiavelli,  N.,  129,  (d9 

Mackav,  Thos.,   12.^  6. 

Mackintosh,  .Ins.,  915 

MacLe(M,  H.  D.,  i:'..s,  i:^'.).  1.V2,  12>9,  130 

de  .Mac.Mahoii.  1'.  M.,  2SS 

Macvaiie,  S.  M.,  i:,t;.  ICO,  179,  205,  ,".:;o 

.Maev,  .lesse,  .^Mii-'.-s  r.,  79(3  eL  .siii.,  9NS 

.Madden,  .M.  H..  21:;.  2:12 

Ma.lison,  Jas.,  12(i.  (,17 

Miiurer,  721 

Mai^cUaii,  v.,  291 

.MauM.nc,  J).,  271 

.Maine,  II.  .^.,  11,  290,  S37 

.Maitland,  W..   1.  n 

Malloch.  W.  11.,  r„,2.  7(;S6. 

.Mallot.  H..   l:;i 

Malthus.   T.    11.,    IS  ct  .se(i.,  319,(309,011, 
KiDI  et  SCI). 

.Maudrllo,  .1..:; 

.Man-., I. It,  :;].> 

.Maiiiiiu<,  ..'..:; 

.Maria  'Ih.'rcsa,  7'',! 
i     .Marl.,,  K.,  7: ■.7,  7. .9 
I     Marr,  Win.,  72.;  .:  >.■.;. 
I    Marshall,  .\.,  ;;,  7.  12,  121.  1.5(.  .1  scq.,  322, 
:;2s,  :;:;:'.,  .M:;,  f.n.;.  •.:-i; 

Marshall,  Kdw.,  H7 

Martin,  C.-.,.  F,,  lis 

.Martin,  2'.i'.> 

.Marx,  K.,  IC.',,  7ls  .  t  se.j. 

MaM'Hivl,  K/il 
'     .MaMin,  (».  T..  l.',0 
I     Mataia.  V.,  -2S 
'    .Matth.w^,  .\..  .Ir..  «;:;!,  'y.W  b 
i     V.  .Mavr.  C,  •i:.2,   1',:; 

.Mav.,-.<nnth,    K.,   (..,-.,   (m2,   791,    825,   826, 
I        Kii:; 
i    .M.Cain,  c  c,  :',  7,  :;:;s 

.McCarlhv,  .lu-tin.  :',0 
I     .McCl.'llan.l,  .1.,  Mil 
'     .McClint.)ck,  W.  !■:.,  .r70 
I     .M.c.,nnick,  C.  II.,  .s'Cj 
'    .M.<..,nniL,d.',  K.  !>.,  OU 


[1022] 


i 


INDSZ  OF  NaMBS. 


«95 


McOolra.  P.  J..  2HI,  2D 
McKeiunr,  ChMi,  2H)|».  n. 
McKnifbt,  643 
MolADe,  W.  W.,  1018 
McLmd,  Jml  a..  27t^  a.,  M, 
MoMMtcr.  J.  B..  OB 
McNdUaM 
MeNeU.  Geo.  K..  901^  2M 

lledle7.D!j..aMAL 

Meiunl.  A.  hTIM  B.  * 

lMflal4.Loid.e71 
MflCltinleli,  Prince  ttl 
"mey'Tbomnoo,  H.  M.,  622 


TH 


T.     ^^^ 

MiltNiry.  A.  W..  828 

M  til,  Jm..  427 

John  Stuart.  48w  90  «t 

M  161.  170,  800.  818  «C  ■ 

1S,6ll.6780tMq. 


UlC^l% 


MUlion.  John  W..  2B8 

MUlarH.I..798ei«a. 

MUne-BdwardvTir^ 

Mlimboui.00i,CU 
MiKhler.E..4flt 
Mltboir.  816 

ifoaten,aB:.8ULaft 

T.  Moht.  R..  ttM» 
daMollniuiLO.,3Mlk 
▼.Mottk^Sn 
MquooTo.  p.,  211 

Mdotacoo,  a,  «B 
lfoo(tr.llkia.«3S 

MooTO.  F.  W..  2flfr-«7  r. 
Xonw^.  F..  IM 
MonLtbo^Ol 
MfliSand,  d  F^^644 
MomaTi.  P^  iit 


a 


_,  •  flhioid,  m  It.,  Si  Ik. 


'       417 


SSrSr  "^ 

OlBMl«ad.F.  L..7M 
1.0.  P^l«4«i 

io« 

k«f90*L 


Mortoy.  John,  i  t 
Uonii,  a.,  en 

Mofffli.  Geo.  P..  1000  II,  MM 
Moffilno.  a«oc  B^JH 

MooiL  A.  D..  7M 


MObll 
MOlkr.MI 
MOller.  a.  tM.  «8 
MAota.  K.  07 
MOnaw.  Tbon,  717 


Malr.Joto.7Mk 
Mim.orttl 
MaBfoTlWaa  C  M9-t  r,, 
MoorkJ.  I.Cn4k 
Miimlort.MI 


OuaMtaMnL  A.  £  Jr..  •!« 
OWM,  bITmI  sCms  el  Mq. 


rSSSU.0M7Mk 
Pftl«imv%.B.  B.  la 
PalnMT.  F.  U.  MI4 


Parker,  a  D..  i 

Pferkhniel,  a  H..  «7.  MH  Mi 

Hutnaa.  F.,  tn 

P)triiiodrW..M7«i 

PMrfek.  G.  W.,  Mi 

Piuian.  Mmd  M.^  el  mq^  MT.  Mi^ 
S74A  mm^mjm  el  eglMlioS 

PftttlH.G'  Mb 
PMtUao,  L.  M7 

aft..«a«ik 


[load 


196 


Annai^  of  thb  American  Academy. 


Pitt,  Wm.,  601 

Place,  F.,  441  et  seq. 

Plato.  607 

Playfair,  John,  22 

Plehn,  C.  C,  608-9  r.,  764-67  r. 

Pleyel,  585 

Plimpton,  G.  A.,  794 

Polak.  454 

Polk,  Chas.,  297 

Polk,  Jas.  K.,  297 

Polk,  Leonidas,  296  et  seq. 

Polk,  Thos.,  297 

Polk,  Trusten,  297 

Polk,  Wm.  M.,  296  6.,  299 

Porritt,  Edw.,  490-511  pap.,  618  6., 

1014 
Porter,  Dwight,  451 
Posada,  A,,  1015 
Potiom,  T.  S.,  1015 
Potter,  B.  W.,  815  b. 
Powderly,  T,  V.,  223 
Powell,  L.  P.,  420 
Powers,  H.  H.,  123-28  r.,  267  et  seq., 

92  r.,  603-5  r.,  705-17  pap.,  772-75  r. 

et  seq.,  982-84  r. 
Preston,  R.  E.,  781 
Price,  326  et  seq. 
Price,  L.  L.,  651 
Proal,  L.,  651 
Proctor,  601 
Proudhon,  720  et  seq. 
Pry  or,  Jas.  W.,  803,  992 
Puachmann,  T.,  453 

Quack,  H.  P.  G.,  1015 
Quesnay,  F.  610 
Quetelet,  981 
Quinet,  615 

Rae,  John,  603  6. 

Rambaud,  A.,  616  b, 

Randall,  C.  D.,  966 

V.  Ranke,  L.,  592 

Ransome,  J.  S.,  1014 

Rasp,  453 

Rath,  Z.,  453 

Ratzenhofer,  G.,  128  6. 

Ran,  315,  957 

Rauchberg,  H.,  454 

Reed,  C.  A.,  28-47  pap. 

Reeves,  J.  8.,  283 

Reil,  J.  C,  745 

Reinach,  J.,  813 

Remsen,  Ira,  627 

R^nan,  E.,  615 

Reuss,  A.,  455 

Reynolds,  H.  L.,  265 

Reynolds,  M.  T.,  431  b. 

Ribot,  599 

Rlcardo,  D..  92,  101,  117,  124,  150, 179, 

316,  319,  333,  398,  609,  611 
Richardson,  Cba&,  636  et  seq. 
Rledel,  315 
Riggs,  C.  E.,  966 
Rife,  J.  A.,  1015 
van  Rijswijck,  J.,  148 
Ring,  T.  F.,  826 
Ripley,  Geo.,  295.  %7 
Ripley,  W.  Z..  79  J 
Ritter,  John  P.,  G52 
Robbins,  Jane  £.,  828 


795, 


591- 
,792 


180, 


Robertson,  669 

Robinson,  H.  P.,  827 

Robinson,  Jas.  Harvey,  621,  626,  795 

Robinson,  John  B.,  654 

Rodbertus,  K.,  737 

Rogers,  Sara  B.,  283 

Rogers,  Thorold,  124,  320 

Rollins,  D.  G.,  839 

Rolph,  7 

Roncati,  L.,  826 

Roosevelt,  T.,  617,  618,  825,  826 

Roost,  Emile,  148 

Roscher,  W.,  105  p.  n.,  117,  279,  316,  317  et 

seq.,  611 
Rosebery,  Lord,  288,  503  et  seq. 
Rosengarten,  Jos.  G.,  557-68  trans. 
Rose  water,  V.,  632,  793  et  seq. 
Ross,  Edw.  A.,  265,  267,  523,  882  et  seq. 
de  Rothschild,  A.,  301 
Rousseau,  J.  J.,  9 
Rowe,  Leo  S.,  280  p.  n.,  421-22  r.,  422-24 r., 

793  et  seq.,  973-77  r. 
Rubin,  454 
Ruhland,  306,  454 
Ruskin,  576 

Sacerdoti,  A.,  434-37  r. 

de  Sacher-Masoch,  L,,  106  p.  n. 

St.  Bernard,  108 

St.  Simon,  H.,  295,  732 

Sales  y  Ferre,  826 

Saling,  W.,  247  et  seq. 

Salisbury,  Lord,  502  et  seq. 

Saltonstall,  L.,  825 

Sargent,  F.  P.,  211 

Satterlee,  H.  Y.,  821 

Savidge,  F.  R.,  145  6. 

Sax,  512,  527 

Say,  150 

Scaife,  W.  B.,  795 

Schaefer,  F.,  446  b. 

Sch^ffle,  A.,  12,  266,  315,  759 

Scharling,  155, 166 

Scheel,  H.,  454 

Schleiermacher,  F.  E.,  779 

Schlettwein,  J.  A.,  956 

Schloss  334 

Schmid,  Simon,  724 

SchmoUer,  G.,  329,  446,  954 

Schonberg,  117, 122 

Schonlaube,  B.,  771  b. 

Schofield,  Cora  L.,  283 

Schon.  315 

Schroder,  593 

Schuling,  958 

SchuUer,  454 

Schuster,  721 

Schulze-Delitzsch,  H.,  985 

v.  Schulze-Gavernitz,  G.,  141, 447  6. 

Schuz,  315 

Schwab,  J.  C. ,  794 

Schwiedlaud,  E.,  9726. 

Scott,  Wm.  A.,  136  b. 

Seager,  H.  R.,  281  p.  n.,  283,  609-13  r.,  768- 

71  r.,  790-94  miss.,  793 
Sec  re  tan  C,  958  p.  n. 
Sedlaczek,  454 
Seebohm,  124 
Seiler,  724  et  seq. 
Selborne,  Ix)rd,  500 
Seligman,  E.  R.  A.,  625,  639,  792  et  seq. 
Sellers,  Wm.  M.,  811 


[1024] 


Indsz  o9  NAmn. 


S97 


toiin  Cnmc,7toM  ATM*..  7674M 
771-73  CnBML,  173.91  tnmt.,  fTMl 

•MmM.  W.  iL  617 
BMler.  N.  &.  »a  OIL  lOIS 

Smw,  a..  7M.  m  ft.,  973  Al,  «9.  ««  5k 
836 
«21 
T.  0.(793  6inq. 
■  IL.M 

.  T..  2^9 
S^  1»9»  r.,  7M 

Lw  P.,  m  ft. 
■iQttle'woctb,  451 
Sdffwick.  H..  IM.  tl9.  683.  06 
Hememirwm.  33 
8ik«.  Geo.  a,  316,  3»i  3M 
Blkci.  K.  W.,  364 
Sllterilelt,  4m 
Stminel.  Gea.  709. 963. 980 
Skmvmm,  D.  F.,  687 
Sinthdmer.  L..  141. 147 
81<»UM.Wiii.ir,tfO 
BomOI.  4lbloa  W..  SBeC  aeq..  SM,  «M«I 

•M..  6«0  et  MQ,.  70&  74(M6  COM..  773  ftc. 

m  «t  Mq..  7^.  M4.  9t^i»  am.,  lOli 
8mart,J.  H.,223eCwa. 
SauLXX,  Wm..  167, 1S8.  811 
Smith.  Afkun.  117,  133  et  aeq..  130.  16L 

164.  178,  S16,  819. 86S,  8967426.  614.  609 

BmiS^w.  O..  997 

aDDlth.aeaH.,48Sft. 

Smltb.  Ooldwln,  807  b..  619  b. 

Smith.  B.  UeweUyD.  834. 644 

Smith.  Jm.  a..  388 

Smith.  lUry  &  B.  R..  417  p.  «. 

Smith,  T.  C.  384 

Snow.  Fmnan,  414  n.  a. 

-«lbMr.  A..  989 

•^Annao,  B.  B.,  688 
.  T.  W.  U.  1018 


VA 


■ibOTt.  48, 80c  81. 8B.  18.  «l  M. 
im,  4S|L46^8««l  ••q..8BI, 
;  «q..  747, 968,  979  •!  Mq. 


^rr.  rbaa.4B 
.iuniUL  108 

•*!.  W.  T->4 
'Ptomj  J.>., S,88, 17.  881  48. 44 


3%?« 


¥.  J..  a»  8iF^p. 


»i«f,08 

nth«n,  flO 
raus.  O.  a.  977  ft. 

L..  148 

Mrm.U.800«CMq. 


8iaMt,k&,9i9 
8toMl,ILW..«4 

mnMr.  4olui  0^7  ».  a. 

TiObol  B.  &.  1818 
TdeoO.  JoiL.  448 

1>UTrB.&.7IOfti 
TinwU.UinniMi1.a8I 
TMiiri«.  F.  W»«8 
•I>»ylor.  F.  H..  7»« 
T)i7lor.T.W..Jr..3M 

TtaMM{,a.68t 

Tl»y«r.  J.  Bl.  810  ft..  978  k 

TliiMi.ll  A..  888 

Thlrrtiiff.484 

Tbaaiu,A.C.4aft. 

TbonM.Wm.Y..3M 

TbOBpHm.  O.  fwa  O..  flS 

TbonpaoD.  Jml  W..  JH 

Ttaompmi.  T.  G..  4M 

Tbonum,  R.  W.,  488 

Throp.  J.  6..  Jr.,  lOtt 

▼.  TtaOncn.  611 

Thorocnr.  448 

TlkknTIolui  If .,  9tt 

dt  Iboq  wrniic  A.,  Ml 

l^>ddrA..818 

TOIilaMm,By888k 

TbtaMaTw.  K.  418. 448 ft..  988 k 

T\aaipltliiiJLffBold,718  k 

^«Sl^U,^Oi,  888 


198 


Annai^  of  the  American  Academy. 


Varlez,  L.,  454,  828 

Veblen,  T.  B.,  276  p.  n. 

del  Vecchio,  G.  S.,  455 

Verges,  W..  812 

Verkauf.  453 

Verrijn-Stuart,  C.  A.,  453 

Vespucius,  A.  291 

Vicars,  G.  R.,  826 

Vick,  H.  A.,  284 

Vldari,  Ercole,  434  b. 

Villard,  H.,  695 

Villari,  P.,  619  6. 

Vincent,  Geo.  K,  265, 276  p.  n.,  404,  640  et 

8eq.,743,  772  6.,  826,  951 
de  Voltaire,  F.  M.  Arouet,  143,  727 
Vossius,  A.,  455 

Wadlin,  H.  G..  644.  968 

Waentig,  H.,  651,  979  6. 

de  Waepenaert,  C.,  148 

Wagner,  A.,  117.  304,  759 

Waite,  M.  R.,  572 

Wakefield,  E.  G.,  319 

Walk,  J.  W.,  643,  648,  652 

Walker  C.  S.    794 

Walker,  F.'  A.',  94,  101,  102,  300,  316,  368 

455,794 
Wallace,  981 
Wallas,  Graham,  447  6. 
Walter,  11 

von  Waltershausen,  A.  S.,  776  6. 
Ward,  L.  F.,  263,  641,  705  et  seq.,  744,  791, 

981  et  seq. 
Ward,  R.  De  C,  825 
Warfield,  E.  D.,  628 
Waring,  Geo.  E.,  Jr.,  812 
Warner,  455 

Warner,  A.  G.,  651,  827  6.,  982  6. 
Warren,  Chas.,  825 
Warren,  Henry  P.,  627 
Warschauer,  O.,  279 
Waterlow,  Sidney,  432 
Watson,  R.  S.,  293 
Watson,  Spence,  7 
Weatherly,  U.  G.,  282 
Weaver,  Jas.  R.,  264.  413  p.  n. 
Webb,  Beatrice,  438  6. 
Webb,  Sidney,  438  6.,  811 
Weeks,  Jos.  D.,  781 
Weeks,  S.  B.,  296-99  r.,  826,  970-72  r. 
Weiler,  Julien,  293 
Weissmann,  983 
Weitling,  W.,  718etseq. 
Welling,  Jas.  C,  412  p.  n.,  588 p.  n. 
Wells,  D.  A.,  110,  907 
Wells,  D.  C,  264 
Welsh,  Herbert,  637 
West,  Max,  620  6. 
Westergaard,  H..  455 
Weston,  8,  B.,  1012 
Weston,  S.  F.,  587  p.  n.,  7«8 
Wetherill,  643 
Weyland,  49 
Whealton,  L.  N.,  284 


p.  n. 


Whipple,  E., 

White,  A.  T.,  432 

White,  Horace,  562,  794 

Whitney,  A.,  114 

Wicksteed,  Miss  C.  M.,  447 

V.  Wieser,  F.,  155,  178,  188,  200,  300  b., 

612  et  seq. 
Wilcox,  Wm.  C,  283 
Will,  Thos.  E.,  416p.  n. 
Willard,  Frances  E.,  1016 
Willcox,  W.  F.,  413  p.  71.,  642,  648,  791 
William  I.,  760 
Williams,  A.  M.,  984  6. 
Williams,  Henry  S.,  450 
Williams,  H.  W,,  531-56  pap.,  789 
Williams,  Roger,  977  et  seq. 
Williams,  Talcott,  627 
Williamson,  MLss  C.  L.,  647 
Willis,  H.  P.,  283 
Willoughby,  Edw,  F.,  786  b. 
Willoughby,  Westel  W.,  278  p.  n, 
Willoughby,  W.  F.,  278 
Wilson,  G.  G.,  Ml,  794 
Wilson,  G.  S.,  284,  314,  621 
Wilson,  Woodrow,  988, 1012 
Wines,  F.  H.,  858 
Winkelmann,  593 . 
Winkler,  F.  C,  638 
Winsor,  J.,  291,  778  6. 
Wirminghaus,  A.,  812, 1013 
Wirth,  453 

Wischnegradsky,  244 
Wolff.  585,  1014 
Wollstonecroft,  Mary,  864 
Woolsey,  621 
Woolsey,  T.  D.,  795 
Wood,  P.  A.,  282.  608  6. 
Wood,  Henrv,  620  6. 
Wood,  Stuart,  792 
Woodbum,  Jas.  A.,  797 
Woodford,  A.  B.,  294-96  r.,  611  6.,  794 
Woodruff,  C.  R..  636 
Woods,  C.  I.,  450 
Woods,  R.  A.,  591  6. 
Woods,  Miss,  647 
Woolfolk,  Miss,  647 
Worthington,  454 
Wright,  37,  39 

Wright,  C.  D.,  139,  650,  759,  790,  827, 1012 
Wright,  Miss,  432 
Wright,  W.  E.  C,  1015 

Yager,  A.,  792 

Yonker,  H.  S.,  284,  314,  621  3 

Young,  Alfred,  828  «* 

Young,  Arthur,  783  A 

de  Zegwaart,  Ed.  Osy,  148 
Zeidler,  Hugo,  985  6. 
Zeno,  608 

Zeulmann,  R.,  246,  247 
Ziegler,  T.,  787  6. 
Zimmem,  Helen,  783 
Zoricic,  454 
Zuckerkandl,  R.,  956p.  n. 


[1026] 


INDEX  OF  SUBJECTS, 


AdMo  emlth 
of."  bjr 


N.  B.— TlUw  of  papen  ai« 

CMatocMor  Ubcw7 

BLi!m5o«lfffutjim» 


aal;  Offlccn  in  UuumU, 
t  the  uiilverml  role, 
Idak  In  Ohio,  682: 
Oanpftriioo wltbOuMda,  468:  MtUaod 
oTparaienL  e8»:  Abunor  noUi  iy»> 
tern, «»:  BbetioQstevorspollimian, 
•M:  OivodUoD  to  •leeliao  in  Unlt«d 
ftani,  §76;  AMwintaait  nBCwnr 
under  mma  or  minlrteftel  rmK>ail> 
Wllty,  m 

America.    "  Dlaeoferr  of  AoMftoft,'*  bgr 
J.  Flake,  rerlewed.  flMB 
See  GoofTMihioal  Diaoovny. 

"Ameiieui  OomnoowmlUi,"   by  Jm. 
Bryoe*  sole.  7S4 

AxnucAN  BcnKomc  Aaocunon,  Bar- 
enth  AnnuAl  Meeting.  190^ 

AMBAICAN        HtfTOMCAL      AaOOATIOII, 

TBOth  AnniuU  MeeUnit.  791-95 
*«Ain«fk»nHMor7,"  by  A.CTboinMi. 


by  IL  Fiftnnod.  nolo.  987 
Apprantleeriilp.  21ft  ot  wq. 
**  Arbdtsvwfkamng  In  eni^llaehen  Kolo- 

nl6n."b«   A.  &  TOD  WelienbuMn, 

rertewed,  776-7B 
AiMtmtioo  InduatrteL    fioe  Ubor. 
Aibllimtloa  iDlernaUooaL    "  Lee  DeMl- 

iii«der«ffbltrM«  lnteniftUon«l."  \ff 

I.  BooMd  de  OMd,  rtrlewed,  lU-lS 
I  In" 


BoodiL  M  iMBflty  fcr  bank  nota,  tm 
l^i^fff^^  /^^iitfi^Hffw««i"  of  Mftfor  Mn^ 
tbawa.  «.  9M:  CWaMir  i3tf  mm' 
ior.l007:R«lbnBi 


Brook  num.  9f7 

Brooklyn,  Tmde  Khoobol  flV 


fca  pdo. 


CaptulUatioQ  of  mllwani  Mt 

CharlUeiL    "  Amerkmo  OMrtltai^*' by  A. 

O.  Wanmr,  ivTitwed,  «9-M 

Ftmms  noauM  or  Cbabitt  Aim 

tm  UmoirLom^  l-<7.    llod«B 

nelnl  fceHimi.  I ;  MeirarTiowtor 

vanpariam,  T:  r(nr  of  wul»  bMli 

of  poar  lnw,7;  Baacrtaa  i^hwt 

Naaa  of  danoonllo  oknilly  ndsni* 
lalmtSoQ.  U:  Bnlnrfoo  of  tfet 
tmrop  ftom  nUd.  19;  Work  fer 


BoeanlmffaMBli  In.  MMB 
Work  la,  fBTCoOava  aMaTniL  tn 


[1027] 


200 


Annals  of  the  American  Academy. 


Commerce,  Reprint  of  Cantillon's ' 

sur  le  Commerce,"  note,  312 
Commercial  History,  '*  British  Commerce 
and  Colonies  from  Elizabeth  to  Vic- 
toria," by  H.  deB.  Gibbins,  note,  313 
"  Commercial  Law,"  by  J,  E.  C.  Muaro, 
note,  314 
"  Corso  di  diritto  commerciale,"  by 

E.  Vidari,  reviewed,  434-37 
Proposed  uniformity  in,  851 
Constitution,  English.    "Foreign  Pow- 
ers  and  Jurisdiction   of   the  British 
Crown,"  by  W.  E.  Hall,  note,  986 
Constitutional     History,     English,    "A 
Student's  Manual  of,"  by  D.  J.  Medley, 
and  •'  The  Elements  of,"  by  F.  C.  Mon- 
tague, reviewed,  597-98 
"  Constitutional  Law,  Cases  on,"  by  J.  B. 
Thayer,  reviewed,  310-11,  978-79 
In  colonies,  448 

"Judicial  Power  and  Unconstitu- 
tional Legislation."  by  B.  Coxe, 
reviewed,  113-14 
"  Restrictions  upon  Special  and  Lo- 
cal Legislation  in  State  Constitu- 
tions," by  C.  C.  Binney,  re- 
viewed, 422-24 
Consumption,  Harmonies  of,  475 ;   Key 

to  economic  prosperity,  370 
Corporations,  Diversity  of  laws  about, 

857 
Cost,  150  et  seq. 
Credit,  Basis  of,  471 

Current  Questions.     "  Essays  on  Ques- 
tions of  the  Day,"  by  Goldwin  Smith, 
and  "Orations  and  Addresses  of  Geo. 
W.  Curtis,"  reviewed,  307-10 
"Essays  on  Questions  of  the  Day," 
by  Goldwin   Smith,  new  edition, 
note,  619 
Customs  Legislation,  Antwerp  Congress 
on,  148 

Deferred  payments.    See  Value. 

Degrees  in  politics  and  economics.  Re- 
cipients of,  282,  419 

Demography,  International  Congress  of 
Hygiene  and,  314,  452-55 

Disutility,  165  et  seq. 

Domestic  service,  1008 


Economic  History.      "  Die  Reichsstadt 
Ueberlingen    am    Bodensee,"     by  F. 
Schaeffer,  note,  446 
"  Economic  History  of  a  Nebraska 
Township,"  by  A.  F.  Bentley,  note, 
140 
Economic  History  Series,  edited  by 
L.  Brentano,  note,  147 
Economics  in  Elementary  Schools,  461- 
89 ;  Fundamental   concepts,  461 ;  Ini 
tial  and  final   utility.  463;    Order  of 
pleasures  and  pains,  465 ;  Ideals  of  life, 
469 ;  Basis  of  credit,  471 ;  Inviolability 
of  property,  473 ;    Harmony  of  con- 
sumption, 475  ;  Ejection  of  discordant 
elements,  478 ;  Group  pleasures,  481 ; 
Exclusion,  482 
Subjective  economics  criticised,  322 
*♦  Education  and  Educators,"  by  D.  Kay, 
note.  616 


"The  Philosophy  of  Teaching,"  by 
A.  Tompkins,  reviewed,  775-76 
Elections.     "  History  of  Elections  in  the 
American  Colonies,"  by  C.  F.  Bishop, 
note,  312 
Elections    popular,  See  Administra- 
tion. 
England,  Party  government  in,  490  et 
seq. 
Trade-Unions  in,  215 
See  Citizenship. 
See  also  Commercial  History. 
See  also  Constitution  English. 
See  also  Municipal  government. 
"English    Constitutional    Documents," 

note,  786 
Ethics,  School  of  Applied,  1012 

France.    See  Poor  Relief. 

Free  Trade.  "A  Policy  of  Free  Ex- 
change," edited  by  T.  Mackay,  re- 
viewed, 428-31 

"French  Revolution  Tested  by  Mira- 
beau's  Career,"  by  H.  v.  Hoist,  note, 
616 

"Friedrich  der  Grosse  und  General 
Chasot,"  by  K.  T.  Gaedertz,  note,  142 

"Geographical     Discovery     In     North 

America,"   by  J.    Wiusor,    reviewed, 

778-80 
Geography,  Economic  and  commercial 

review  of  recent  works,  780-83 
Germany.    See  Artisans. 

See  also  Insurance. 

See  also  Middle  Ages. 

See  also  Social  History. 

See  also  Universities. 
"  Greek  History,"  by  A.  Holm,  note,  986 

Health,  "Public  Health  and  Demo- 
graphy," by  E.  F.  Willoughby,  note, 

786 
History.    "  General  History,"  by  Lavisse 

and  Rambaud,  note,  616 

"  Historical  and  Political  Essays,"  by 
H.  C.  Lodge,  note,  617 

"  Lehrbuch  der  historischen  methode," 
by  E.  Bernheim,  note,  140 

"Niccolo  Machiavelli,"  by  P.  Villari, 
2d  edition,  note,  620 

"History  of  the  Philosophv  of  His- 
tory," by  R.  Flint,  note,  615 

"  History  of  United  States,"  by  A.  C. 
Thomas,  note,  448 

"  Histqry  of  the  United  States  for 
Schools,"  by  J.  Fiske,  note,  446 

"  Translations  and  Reprints  from  the 
Original  Sources  of  European  His- 
tory," note,  621 

"  Roger  Williams,"  by  O.  Straus,  re- 
viewed, 977-78 

"  Sam  Houston  and  the  War  of  Inde- 
pendence in  Texas  "  by  A.  M.  Will- 
iams, reviewed,  981-8G 
Home  rule  party,  474 
House   of   Commons,  Effects   of  group 

system  on,  508 
Hygiene,  See  Demography 

Immigration  Restriction  League.  824 
India.    "  Land  Revenue  and  its  Admtn- 


[1028] 


Indkx  of  SL'BJKCTS. 


IndiMtnr. 
duMrie  In  Omierraleh."  bgr 
land,  r«Tl««wl,  (Ta-TS 

iMioe.«0aiMtai«ln  BaflUi.li7 
OoniNiIaory    Inaiumac*    lo    0«r> 


da  tmYafl."  bjr  O.  d«  Mo- 
iloari.  ravttivvd.  m-W 
of  naehtMry  OQ.  814 

IbrWork,'  bf  J.Rm^ 


**  Hlrtoty  of  Tmde-Onkmkn.'*  bgr  a 
and  a  W«bb,  rerlowod.  4a»-M 

**  IndiMlrtal  Arbltmiioti  aixl  OmeOI- 
aUon"  bjr  J.  8.  Luwcll,  rvrWirad, 
29MI 

*'  Labour  and  Popular  Walflua.**  bf 
W.  B.  Malloeh.  nrlmd.  7»-71 

Labor  (MMAirauTioMi  Ain»  Tbami 
iMffROcnoH,  »»-4l:  Bortlllty  oT 
tiada  tinloni  119 ;  rocalan  alaaMBt 
not  eontrDlttnf,  2lorcxo«c|  la 
few  CMM^  2U :  Aultnda  of 
Uih  amoiM^  aft :  AaaHoi 
and  aimvntloeihlBk  SC: 
af.Necdormontal 
or  mobQUy  or  tnMki^  an : 
toida  iMUnotiao  abroad.  tM:  Pntt 
~  Hala.  S7:  Onfcni  4MIIM 
BotpBrpoaaorttada 


ao:  Hollkvombto  toonloa^ 
IMrael  oppoilrtoo  of  tha  aslom, 

Fiaauaui  Bomumwi,  M-T:  Da- 

WiBMiHi    or    uufillllnB    mmi 

a«a,'*birO.T.( 


Ubor.Mt 
'BoalallNnoa,' 


IMT.   aw  Oidiani  Li 

**  unv  OT  ^^BMBaasd 


LaoBldaa  l>tolli.  lll*bof»  and  Oaaand.* 
br  W.  M.  l\jlk.  rvTlawvO.  2»^ 


te  IIM 
jSStm,  la^**  bf  B.  F. 


by  H.  Kaao^ 

AvFlaDal 
Mooaj.  UovioBatbL 
«:   Omvlty  of  aoMlBfy  flimloii* 
669;  UfaliMioinoalbla^ni:  Irrar 

**kl«laaAMiiBdar<W   . 

"  by   B.  a 


Powar  of  tha 


IffTi 


la 
La.- by  A. 


A  la  ••  do   XM» 
•I  la 


MoiiKY  Axo  Baitk  CMBna  HI 

ITlHTBD     fTATML    Itl-M :     If 

aod  rtaodaid  or  valoatin; 


'm 


[1099] 


202 


Annai^  of  TH:e  American  Acadkmy. 


"  Treatise  on  Money,"  by  J,  S.  Nich- 
olson, reviewed,  299-307 
"  Wfthrungslrage  und  die  Zukunft 
der      Oesterreichiscli-ungarischen 
Valutereform,"  by  F.  Wieser,  re- 
viewed, 300-7 
Mortgages.     Mortgage     Banking    in 
Russia,     242-56;     Comparison      witii 
United  States,  242 ;  Government  banks, 
246 ;  Mutual  banks,  247 ;  Private  banks, 
251 ;  Relative  strength,  255 
"Municipal     Government      in     Great 
Britain,"  by  A.  Shaw,  reviewed,  973-77 
Notes  on   Municipal    Government, 

456-60.  629-39,  798-813,  990-1000 
Recent  literature  on  Municipal  Gov- 
ernment, 999 
Municipal  reform  movement,  636 

National  banking  in  United  States.    See 

Money. 
•'  National  Life  and  Character,"  by  C.  H. 

Pearson,  reviewed,  600-3 
Natural  law.  Political  economy  of,  620 
Nebraska.    See  Economic  History 
New  York,  Country  roads  in,  271 
New  York  City,  Civil  service  administra- 
tion in,  806 ;  Financial  system  of,  800  ; 
Mayoralty  election  in,  457;  Proposed 
political  measures  with  reference  to, 
992;   Public   baths  in,   992;    Reform 
movement  in,  803;  Tenement  houses 
in,  817 ;  Trade  schools  in,  234 
Norway.  Liquor  legislation  in,  645 
Norwegian  system  of  liquor  legislation 
in  Massachusetts,  1009 

Ohio.  Elected  officials  in,  662 
Omaha,  Charter  of,  632;  Impeachment 
of  Mayor  of,  633 

Pacific  railways.    See  Railways 

Pamellite  party,  504 

Party  Government.  Break  Up  op  the 
English  Party  System,  490-511; 
Groups  in  the  House  of  Commons, 
490;  Divisions  of  parties  before  1874, 
492 ;  Origin  and  growth  of  Home  Rule 
group,  494;  of  tne  Liberal  Unionists, 
500;  of  the  Pamellites,  504;  Power  of 
the  smaller  groups,  508 ;  Political  con- 


Peasant  emancipation,  "  Bauernbefrei- 
ung  und  die  Auflosung  des  giitsherr- 
licn-bauerlichen  Verhaltniss  in  Boh- 
men,  Mahren  und  Schlesien,"  by  K. 
Griinberg,  reviewed,  762-64 

Pedagogics.    See  Education. 

•'Pennsylvania,  Law  of  Boroughs  in," 
by  P.  Raymond  Savidge,  note,  145 
Poor  laws  in,  642 

Personal  Notes,  104, 272, 412, 587, 754, 954 

Philadelphia,  Appropriations  of,  798,  Fi- 
nances of,  456,  629  ;  Gas  of,  991 ;  Reser- 
voir question  in,  456 ;  Streets  in,  990 ; 
Trade  schools  In,  229 ;  Water  of,  991 
"Handbook  for  Philadelphia  Voters," 
by  C.  A.  Brinley,  note,  141 

"  Philanthropy  and  Social  Progress,"  by 
J.  Addamsand  others,  reviewed,  591-92. 

Pleasures  and  pains.  465 

Folitlcii  1  Economy.  "An  Analysis  of  the 


by  L.  P.  Shirreg, 


Ideas  of  Economics, 
reviewed,  138-39 
Economic  classics  edited  by  W.  J. 

Ashley,  note,  611 
"  Grundbegriflfe  und  Grundlagen  der 
Volkswirtschaft,    by   J.  Lehr,   re- 
viewed, 122-23 
"Histoire     des     doctrines     fecon- 
omiques,"  by  A.  Espinas,  reviewed. 
116-17 
"Political     Economy    of     Natural 

Law,"  by  H.  Wood,  note,  620 
••  Principes  d'  feconomie  politique," 
by  C.  Gide,  fourth  edition,  note,  143 
"  Principles  of  economics,"  by  G.  P. 

Osborne,  note,  144 
"Principles  of  Political  6conomy,'» 
by  J.  S.  Nicholson,  reviewed,  123-28 
Why  had  Roscher  so  Little  Influ- 
ence IN  England,  317-44 ;  Roscher 
in  Germany,  317;    Tendencies  of 
Mill,   319;    Recent    advances    in 
England,  320 ;  Defects  of  subjective 
economics,    322;   Universality   of 
form,  325:    Attacks  on   historical 
economists,  327;    Theory  not  dis- 
carded   by  them,   329;   Historical 
attitude  of  the  minority,  333 
See  Economics 
See  also  Sociology 
See  also  Woman 
Political  Science  Association  of  the 

Central  States,  796-97 
Politics.    "Weseii  und  Z week  der  Poli- 
tik,"     by  G.  Ratzenhofer,    reviewed, 
128-36 
Poor.    "  Housing  of  the  Poor  in  Ameri- 
can Cities,"  by  M.  T.  Reynolds,  re- 
viewed, 431-32 
Poor  Laws  in  Pennsylvania,  642 
Poor  relief.    "  Public  Assistance  of  the 
Poor  in  France,"  by  E,  G.  Balch,  re- 
viewed, 108-11 
Population,  Recent  theories,  1001 

Significance     of     a     Decreasing 
Birth-Rate,    48-89 ;     M  a  1 1  h  u  s ' 
views,   48;   Herbert  Spencer,  50; 
Recent  views  abroad  and  in  United 
States,    53;   Birth-rate   in   United 
,         States  for  white  and  colored.  58; 
Nervous   diseases  and   birth-rate, 
65 ;  Birth-rate  and  economic  fact- 
ors, 72 ;  Conclusions,  89 
Production.   "  Nationale  Produktion  und 
nationale  Benifsgliederung,"   by  H. 
Losch,  reviewed,  695-96 
Profit.    See  Rent 
Property,  a  socialistic  explanation,  733 

Railroads.  "  tJber  die  Entwickelung  der 
australischen     Elsenbahnpolitik,"  by 
M.  Kandt,  reviewed.  761-67 
Industrial  Services  of  the  Rail- 
ways, 897-914  ;  Newness  of  the  rail- 
way, 897  ;    Industrial     conditions 
before  the  railway,  900  ;  Industrial 
changes   and   the     railway,   902; 
Present  services,  904  ;   Cheapening 
of  products,  905:    Uniformity  of 

{)rices,  907 ;  Railway  discrimina- 
ions,  908;  Standard  Oil  Com- 
pany's methods,   909;    Interstate 


[1030] 


Indsx  of  Subjbcts. 


^3 


or  iton. 


barfa  of  lower  lnlw> 
dmdaaJ  p«yaMnft  of  prio* 


Bbasomablb  Railway  Rats,  I 

the  reel  rellwey  qtweUoo. 


IveinS:  DKBeaUyof 

U^  retee.  S40 :  BxisUnc  imlee  ftom 


tayeelijci'  oati 

ofreYenoee  to  eet 

le  oepitalintioa  exoeal 


leoepitalintk 
poeribUltT  of 
▼iduel  niiei  tt 


U3:  ReledoQ 


Im- 
ndi. 


fcr  MtJeflifttgry  mtee,S3A 
Bepottoo  mllweya  In 

Beearttiei  of,  ee  e  beete  Ibr  benk 

Dolee,  6M 
UnloQPeciae  Railwey."  by  J.   P. 

Oevle,  reTlewed,  Ui-lt. 
SMlAbor. 

See  eleo  Street  Reilwenu 
Heoduin,  propoeed  In  Keneea.  621 
iL    **  Hlstorj  ortbe  Geoetel  Doetrlne 
or  Bent,"  by  C  W.  Meeflirlene.  note. 
Sift 
Claskm  His  or  "  Rixr*  Ajn>"Pw>« 

rnB."«l»-U 
RaMT  Ajn>  Pnornr.  90-l0i :  Onnftwlon 

of  modem  tennlnolQcy.  »:  Two 
of  anrpliM,  ffi;  ReeqpiiaoD  of 


_aedtt^  terlewed.  IM^ 


eelled  reoi  MO:  P 
■irplns    dKKild    ee 
102 
or  Stale  Oebli.'' by  W.  A. 


Ara«  peMfe.  note,  147 
iMPMMnmBrr    or    Ooowrmr 
RoAfie  ti«   MAMACHontne  ajio  Ifsw 
Tons.fl».n:  Umtmehtmua  lew.  Hi; 
HewToct  lew.  371 


8wlft« 


rvnewwit 


or  Ai^aB.**  Ww.  in 


SrS^*'*'' 


Jehiea."  by  B. 
leato,  renewed.  771-7X 

~  renn."  by  i.  T. 


l:Ulseiiely- 
OiikllliOilttaer 


-       '     '     loikeflMy  or  Aeel- 
W.  iMllead  O.  K 


loTMt 
PligueeC  Pro- 


[1031] 


204 


Annai^  of  the  American  Academy. 


Contact  not  necessarily  social,  945  ; 
imitation  not  a  fundamental  prin- 
ciple. 946 

Relation  of  Economics  to  Sociol- 
ogy, 577-83;  Economics  distin- 
guished from  political  economy, 
577 ;  Place  of  the  social  sciences, 
578  ;  No  social  relations  before  co- 
operation, 578  ;  Origin  of  the  social 
feelings,  580  ;  Effect  upon  the  pro- 
cess of  evolution,  582 

Social  vs.  Societary,  948-53 ;  Con- 
fused use  of  social,  948 ;  Contact 
may  be  term  societary,  949 ;  Ger- 
man terminology,  951 ;  Simmel's 
views  952 

Sociology  and  the  Abstract  Sci- 
ences, 746-53 ;  Concrete  character 
of  sociology,  747  ;  Relation  of  con- 
crete and  abstract  sciences,  748 ; 
Nature  of  "association"  and  jits 
early  origin,  750 

Terminology  and  the  Sociologi- 
cal Conference,  705-17 ;  Varying 
definitions,  of  sociology  705; 
Relation  to  special  sciences, 
708;  Origin  of  confusion,  710; 
Necessity  for  inclusive  term,  713 ; 
Some  of  special  sciences  still 
undeveloi)ed,  715 ;  Real  agreement 
among  workers,  716 

The  Units  of  Investigation  in  the 
Social  Sciences,  915-41 ;  Individu- 
al and  society,  915 ;  Elements  de- 
rived from  other  sciences,  916; 
Psychical  basis,  918;  Environment, 
919 ;  Subject  and  object  920 ;  Indi- 
vidual motives,  923 ;  Wants  of 
mankind,  925;  Habits,  926;  Cus- 
toms, 928 ;  Formations,  931 ;  Gene- 
tic relations,  934;  Static  condi- 
tions, 938 

Utility  and  sociology,  257 

Utility,  Economics  and  Sociology, 
398-404;  Sociology  anterior  to  eco- 
nomics, 398 ;  Meaning  of  economics 
with  Dr.  Patten,  399;  Is  utility 
conscious.  400 ;  Conscious  utility 
possible  only  in  society.  401 ;  Imi- 
tation among  animals,  401 ;  Utility 
part  of  several  sciences,  not  ante- 
cedent to  them,  403 
South.  "The  Ills  of  the  South,"  by  C. 
H.  Otken  reviewed,  970-72 

Ree  Local  Government 
Spoils  System.    See  administration 
Standard  Oil  Company,  Origin  of.  909 
State  supervision  lor  cities,  865-81 
States,  Uniform  Legislation  for,  829-63 
Street  Railways,  "American  Street  Rail- 
way Investments,"  reviewed,   421-23 

Massachusetts  street  railways,  995. 

Tariff.    First  Stages  in  Tariff  Policy  of 
the  United  States,  by  W.  Hill,  reviewed, 
424-27 
Taxation,  and  utility  theories.  527 

"  History  of  Taxation  in  Vermont," 

by  P.  A.  Wood,  reviewed,  608-9 
"  Inheritance  Tax,"  by  M.  West,  note, 
C20 
Teaching,  Bee  Education 


"Theory  of  Foreign  Exchanges,"  byQ, 

Goschen,  16th  edition,  note,  144 
Tenement  Houses  in  New  York,  817 
Texas,  See  Histoiy. 
Trade-Unions  and  Trades  Schools, 

See  Labor. 
Tramp,  19  et  seq. 
'•  Triumphant  Democracy,"  by  A.  Ci 

negie,  note,  142 
Trusts.  Abuses  and  Remedies,  573-' 
Ivegal  restraint  proposed,  573;  O; 
of  trusts,  574 ;  Evils  of  trusts,  575 ;  Ani 
trust  sentiment,  576 
Economic  and  Uneconomic  A; 
TRUST  Legislation,  569-73 ;  Gro 
of  anti-trust  laws,  570 ;  Advan 
of  trusts  overlooked,  570 ;  Regu! 
tion  of  trust  or  monopoly  prii 
571 ;  Constitutionality  of  the 
edy,  571 

Uniform  State  Lfxhslation,  829-63; 
fusion  of  our  law,  829;   English  la 
adopted  in  different  degrees,  830 
lonial  statute  law,  833;  State  laws  foS 
low   certain  modes,  835;  Causes  of  di- 
versity, 837;  Movement  for  unification, 
839;  Meetings  of  commissioners,  843; 
Acknowledgement  of  instruments,  845; 
Use  of   seals,  848;   Wills,  851;   I.egal 
weights  of  units  of  measure,  851;  Bills 
and  notes,  852;  Real  estate  law,  854; 
Corporations.  857;  Criminal  law,  858; 
Marriage  and  divorce.  859 
Unemployed,  Boston   relief  committee 
for,  1004;  Commission  on,  in  Massa- 
chusetts, 644;  Report  of  same,  1004; 
Commission  on,  various  places,  823 
Relief  Work  at  Weli;s  Memorial 
Institute  (Boston),  377-97 ;  Work 
done  by  persons  relieved,  377 ;  f:k)st 
of  providing  the  same,  379 ;  Char- 
acter of  applicants,  380 ;   Previous 
earnings,   383;   Home  conditions, 
385 ;  Provision  for  relieved  persons 
on  discharge,  389 :   Reluctance  to 
enter  domestic  service,  390;  Gen- 
eral conclusions,  392 
"The  Unemployed,"  by  G.  Drage, 

reviewed,  968-70 
See  Charities. 
United  States,  Birth  rate,  58. 
See  America. 
See  also  History. 
Universities.     "The  German  Unirerri- 

ties,"  by  F.  Paulsen,  note,  988 
University  Extension  Summer  Mkbt- 
ING,  in  1894,  624-26 
In  1895,  announcement  of,  987 
Utility,  463,  512 
The  Beginning  op  Utility,  257-60; 
Utility  product  of  society,  257 ;  Not 
true  of  initial  utility,  257 ;  Final  util- 
ity  found   in   society,    258;   Which 
itself  comes  from  an  appreciation  of 
this  utility,  259 
See  Sociology. 
See  also  Value. 

Value.  Exploitation  of  Thkoribs  or 
Value  in  the  Discussion  of  thk 
Standard  of  Deferred  Payments, 


[1032] 


Indbx  of  Subjrcts. 


«05 


of  drrerml 
J  •UiKUnl. 
Mf :  Fer  mpiia,  Bopototloo  MjunUni. 
SB;  Labor  lUn^rd.  MS;  lUr 
oautj.  887 :    No   lufwire  of 


uumy. 


I  VAltMandamloUillyMa.. 

Utv  dMfMlOT  of  valiwv  Mi : 
U««  or  v»lM  to  OMI.  Mi;  W( 
of  —  ■ 

tn 


Ulttmatb  f)rA)nu«oorVAum,lii- 
208;  Kecmwaetof  illwliw.  Mi; 
ClMBUml  aod  OMdvB  thmtai  tJt 

ehfooow  eort,  Ui:  aUortoaTor 
liMoiiCtaa  eort«   I6i:  Vatot  uA 
and  oual  In  lli  Taitaoi  mqmi^  IM  t 
out  •sdlntnity  oTtobor,  Mi;  Ma- 
utilltT  InfloMMi 
eMM  only.  172:  Ai 
In  Smith,  178:   OM 
Tftloe  of  labor.  IM :  W..^  ......r 

ln«  ralue.  Id :  Valot  of  labor  do- 
prad«Qt  ution  otUltjr  of  piodoel* 
188 :  IjmAing  Infloonet   oT  eoMi, 

195:  DiUlt!      ^ 

orcMla.li 
ordliuU«.208 
Wunn'a  Natvbal  Skixu^  il2-«: 


»lo«  tojmi.  Mi;  WoafeaM 
&k  anNacSSo  vaC  fi 


'  Watanrortik  Maaoalor  AMttoaa.**  by 
M.  N.  Bafcvr.  ravlowwL  4SI-«i 
WaalUi  and  MoaU  Uv."  by  E  B. 

BO  FtoKnOM  Oir  Won  AM. 

m-li:  BipnoMlwMidaDalal  iiiDfai. 
|il;^PiBdiMion  faAwafmmj^tmjIbi 

•;M»r.ij|.<nfriMmi..*i.fwi 


SUPPUDiXJtT  TO  THB 

Ankaui  07  TBB  American  Acadbmy  or  Pouticai.  Asto  Social  Scikxck. 

JutY,  1894. 


The  Theory  of  Sociolog}^ 


BY 

Franklin  H.  Giddings,  M.  A. 

Professor  of  Sociology 
In  the  Faculty  of  PolitkaJ  Science  of  ColuinbU  Collece. 


PHILADELPHIA : 
AMERICAN  ACADEMY  OF  POLITICAL  AND  SOCIAL  SOENCE. 


CONTENTS. 

HAPTER  I.— The  Sociological  Idea 7 

HAPTER  II. — The  Province  of  Sociology i  j 

HAPTER  III.— The  Problems  of  Sociology 37 

^HAPTER  IV.— The     Primary    Problems:       Social     Growth 

and  Structure 4) 

4APTER  V. — The  Secondary  Problems :  Social  Process,  Law 

and  Cause 63 

<|<APTER  VI.— The  Method  of  Sociology  76 


PREPACK. 

In  the  following  i>ages  I  ha\'c  sketched  the  theorctkal 
positions  that  will  be  more  fully  described  and  defended  in  a 
work  on  the  Principles  of  Sociology,  which  is  now  well 
advanced  towards  completion.  I  have  incorporated  portioiis 
of  two  papers  previously  published,  namely,  **  The  Province 
of  Sociology."  which  appeared  in  Thb  Annals  op  tbs 
American  Academy  op  Political  and  Social  Scixncx. 
Vol.  I,  No.  I,  July,  1890.  and  "  Sociology  as  a  University 
Study,"  which  appeared  in  The  Polituml  ScUmte  Quarterly, 
Vol.  VI,  No.  4,  December.  1891.  The  fundamental  ideas 
of  the  theory  here  offered  were  presented  in  the  earlier 
paper. 

F.  H.  C. 

BavN  Mawe.  Penksvlvamia, 
May  23,  1894. 


(S) 


THE  THEORY  OF  SOCIOLOGY. 


CHAPTER  I. 

THB  SOCIOLOGICAL   IDEA. 

No  science  is  at  this  moment  in  greater  need  of  theoretical 
organization  than  sociology.  A  rapidly  growing  body  of 
co-ordinated  knowledge  is  called  by  this  name.  An  increM- 
ing  number  of  earnest  thinkers  in  England,  Gennany, 
France,  Belgium,  Italy  and  the  United  States  are  known  as 
sociologists.  Several  tmiversities  in  Europe  and  in  America 
have  introduced  courses  in  sociology.  Yet  there  is  no  defin- 
ite agreement  among  scientific  men  as  to  what  the  word  shall 
be  understood  to  mean. 

In  some  of  the  university  courses  it  stands  for  a  philosophy 
of  society.  In  others  it  denominates  a  study  of  the  institutions 
of  tribal  communities.  In  yet  others  it  is  applied  to  highly 
special  studies  of  pauperism,  crime  and  philanthropy.  In 
the  literature  of  sociology,  also,  an  equally  varied  usage 
may  be  fotmd.  Special  investigators  employ  the  word  in 
senses  that  are  unrecognized  by  the  systematic  writers. 

It  is  necessary,  therefore,  to  ask  whether  sociology  can 
make  good  its  claim  to  be  well-defined,  positive  science,  and 
whether  it  is,  after  all,  available  as  a  university  discipline. 
What,  in  general,  is  the  sociological  idea ;  and  what  place 
has  it  in  the  program  of  modern  positive  science  ?  What, 
more  exactly,  is  the  province  and  what  are  the  problems  of 
sociology  ?  What  are  the  underlying  conceptions  and  chief 
propositions  of  sociological  theory  ?  What  is  the  spirit  and 
what  are  the  methods  of  sociological  invcstigttiOD  ?  In 
attempting  to  answer  these  qncsdoos,  it  will  be  both  logical 
and  convenient  to  take  them  np  in  the  order  in  which  they 
have  here  been  stated. 

The  word  "  sociology  "  was  first  used  by  Atignste  Comte, 
in  the  "  Caurs  de  PlUhmpkk  FnUhft,*'  as  a  name  for  that 

(7) 


8  AxxAi.s  OF  THK  Amkricax  Acadkmv. 

part  of  a  positive,  or  verifiable,  philosophy,  which  should 
attempt  to  explain  the  phenomena  of  human  society.  It  was 
exactly  equivalent  to  "social  phj'sics, "  for  the  task  of 
sociology  was  to  discover  the  nature,  the  natural  causes,  and 
the  natural  laws  of  society,  and  to  l)anish  from  history, 
politics  and  economics,  all  aj^peals  to  the  metaphysical  and 
the  sui^ernatural,  as  they  had  been  banished  from  astronomy 
and  from  chemistry.  Comte  believed  that  b>'  following  the 
positive  method  sociology  could  become  in  good  measure  a 
science  of  i)revisions,  forecasting  the  course  of  progress 
before  the  event. 

vSince  Comte,  sociology  has  been  developed  mainly  by  men 
who  have  felt  the  full  force  of  an  impulse  that,  in  our  da)-, 
has  re\-olutioni'/ed  scientific  thinking  for  all  time  to  come. 
The  evolutionist  explanation  of  the  natural  world  has  made 
its  way  into  every  department  of  knowledge.  The  law  of 
natural  .selection  and  the  conception  of  life  as  a  process  of 
adjustment  of  the  organism  to  its  environment,  have  become 
the  very  core  of  the  biology  and  the  p.sychology  of  to-day. 
It  was  inevitable  that  the  evolutionary  philo.sophy  should  be 
extended  to  embrace  the  phenomena  of  human  life.  The 
science  that  had  traced  life  from  protoplasm  to  man  could 
not  sto])  there.  It  nuist  take  cognizance  of  the  ethnical 
groups,  the  natural  .societies  of  men,  and  of  all  the  ]")henom- 
ena  tluat  they  exhibit,  and  incpiire  whether  these  things  also 
])e  not  ])roducts  of  the  universal  evolution.  Accordingly, 
wc  find  not  onl\-  in  the  earlier  writings  of  Mr.  Herl)ert 
Spencer,  bnt  .also  in  those  of  Darwin  and  Ilaeckel,  sugges- 
tioiis  of  an  evolutionist  account  of  social  relations.  These 
hint^  Were  not  of  themselves  a  sociology.  For  this,  other 
ficlors,  derived  directly  by  induction  from  social  ])hcMiomena, 
Were  needed.  ■  lint  they  sufficed  to  show  where  some  of  the 
ground  lines  of  the  new  science  must  lie  ;   to  reveal  some  of 

•  ^vst'-Tuatit  trr.itiifs  in  wliicli  tli<-  s  )ciol<)j^ic.-il  prohleiii  has  hecn  approached 
fi  .ill  thf  liistoricil  si(l<-,  l)tit  in  very  difTcrciit  ways,  arc:  " /V>  h'asifnkampf,"  by 
\K  I,\i  lwi«  Oinni)l'j\vic/.  ninshruck,  iSSi;;  "  (hunJi  i^s  d^t  .S')rio!o;^t>,"  l)y  tht? 
siMi"  aMthor,  Vu-iiiia,  i-,-;  a«l  '  /■:./mr>i!i  ti^  Soctolo^i'i'."  by  Viscount  Combes  dc 
I,-'.r:i  !.-,  I'aii-.  i^^y. 


The  Socioijogical  Idea.  9 

its  fundamental  conceptions,  and  to  demonstrate  that  the 
sociologist  must  be  not  only  historian,  economist  and  statis- 
tician, but  biologist  and  psychologist  as  well.  On  evolutsonal 
lines  then,  and  through  the  labors  of  evolutionist  thinkers, 
modem  sociolog>'  has  taken  shape.  It  is  an  interpretation 
of  human  society  in  terms  of  natural  causation.  It  refuses 
to  look  upon  humanity  as  outside  of  the  cosmic  process,  and 
a  law  uuto  itself.  Sociology  is  an  attempt  to  account  for  the 
origin,  growth,  structure  and  activities  of  human  society  by 
the  operation  of  physical,  \'ital  and  psychical  causes,  work- 
ing togetlier  in  a  process  of  evolution. 

It  is  hardly  necessary  to  say  that  the  most  important 
endeavor  in  this  direction  is  contained  in  Mr.  Spencer's 
s>'stem  of  "Synthetic  Philosophy,"  but  it  maybe  well  to 
obser\'e  that  most  of  the  writers  who  have  passed  judgment 
on  Mr.  Spencer's  sociological  doctrines  have  failed  to  inform 
themselves  as  to  the  underlying  principles  from  which  his  con- 
clusions have  been  drawn.  They  have  sought  his  sociologi- 
cal system  in  those  of  his  books  that  bear  sociological  titles, 
while,  in  fact,  the  basal  theorems  of  his  sociological  thought 
are  scattered  throughout  the  second  half  of  the  \^lume  called 
"  First  Principles,"  and  must  be  put  together  by  the  reader 
with  some  labor.  These  theorems,  taken  together,  are  an 
interpretation  of  social  changes  in  terms  of  those  laws  of  the 
persistence  of  force,  the  direction  and  rhythm  of  motion, 
the  integration  of  matter  and  the  differentiation  of  form,  that, 
together,  make  up  Mr.  Spencer's  well-known  formula  of 
universal  ex'olution.  At  bottom  this  is  a  physical  explana- 
tion, and  Spencerian  sociology  in  general,  whether  formu- 
lated b>'  Mr.  Spencer  or  by  other  writers  under  the  influence 
of  his  thought,  is  essentially  a  physical  philosophy  of  sod* 
ely.  notwithstanding  its  liberal  use  of  biolo|^ieal  and  paydio- 
logical  data. 

But  from  its  ongui  in  the  mind  of  Comtc  down  to  the 
the  present  moment,  the  socfological  coooeptioo  has  in- 
volved a  recognition,  more  or  leas  reluctant  perhaps,  but 
unmistakable,   of  another  interpretation    whidi    most    be 


lo  Annai^  of  the  American  Academy. 

reconciled  with  the  physical  explanation.  Comte  believed  that 
scientifically-trained  statesmen  could  reorganize  society  and 
guide  its  progress.  In  Spencer  the  thought  becomes  par- 
tially negative.  The  statesman  cannot  make  society  better 
by  his  art,  but  he  can  make  it  indefinitely  worse.  In  Lester 
F.  Ward*  the  thought  has  again  become  wholly  positive. 
Society  can  convert  the  natural  process  of  evolution  into  an. 
artificial  process.  It  can  volitionally  shape  its  own  destiny. 
It  can  become  teleologically  dynamic. 

The  detailed  attempt  to  reconcile  these  two  explanations 
has  been  made  with  great  ability  by  Alfred  Fouillee  in  his- 
critical  work,  ''La  Scieyice  Sociale  Contemporainey\  Less 
elaborately  it  is  made  by  Schaffle  in  the  ''  Bau  tmd  Leben 
des  socialen  Korpers^'X  and  by  Guillaume  De  Greef  in  his 
''Introduction  a  la  Sociologie.^^% 

In  truth  the  physical,  or  objective,  and  the  volitional,  or 
subjective,  interpretations  of  human  society  have  contended 
with  each  other  from  early  times,  for,  apart  from  systematic 
sociology,  many  essays  have  been  made  to  account  in  a 
rational  way  for  social  origins  and  progress. 

Beginning  with  the  "Politics"  of  Aristotle,  we  trace 
through  Montesquieu  and  the  physiocrats  an  objective  ex- 
planation in  terms  of  race,  soil,  climate,  heredity  and  histori- 
cal conditions.  Through  Hobbes,  Locke,  Hume,  Bentham, 
Berkeley,  Kant  and  Hegel,  we  follow  a  subjective  interpreta- 
tion in  terms  of  human  nature,  utility,  ethical  imperatives 
and  ideals.  Subjective  sociology  is  a  theory  of  social  choices. 
Very  recently,  taking  the  form  of  a  pure  theory  of  utility,  it 
has  undergone  a  remarkable  development,  begun  by  Jevons 
and  Walras,  and  continued  by  Austrian  and  American  econo- 
mists, who  have  contended  that  the  phenomena  of  motive 
and  choice,  and  consequently  the  social  activities  and  rela- 
tions that  are  determined  by  choice,  can  be  formulated  not 

•  "  Dynamic  Sociolo|fy,"  two  vols.,  New  York,  1S83,  and  "The  Psychic  Factors* 
of  Civilization,"  Boston,  1893. 
t  Paris,  1885, 
t  Tiibingen,  1881. 
I  Brussels  and  Paris,  1886  and  1889. 


Thb  SoaoLOGicAL  Idba« 


only  scientifically  in  a  qualitative  seme,  but  even  mathe- 
matically. Therefore  it  is  not  strange  that  objective  expla- 
nations of  society,  which  have  been  so  long  regarded  aa 
peculiarly  "positive,"  should  be  looked  upon  by  many 
students  at  the  present  moment  as  descriptive  merely,  and 
that  the  utilitarian,  subjective  interpretation  should  be 
thought  to  be  of  superior  depth  and  predsioo. 

Is  it  not  evident  that  a  true  sdence  of  society  must  recog- 
nize impartially  the  physical  and  the  volitional  aspects  of 
the  phenomena  ?  Is  it  not  evident  that,  if  we  are  ever  to 
have  a  definite,  coherent  theoretical  sociology,  we  must  con- 
struct a  theory  that  will  unite  in  no  merely  artificial  way,  but 
logically,  as  complementary  parts  of  the  whole,  the  objective 
and  the  subjective  explanations  ? 

Without  answering  these  questioiis  dogmatically,  I  may 
say  that  I  expect  that  further  critical  and  constructive  work 
in  sociology  will  answer  them  affirmatively.  It  will  be 
shown  that  either  the  objective  or  the  subjective  account  i» 
hopelessly  lame  without  the  other. 

The  complete  theory,  I  venture  to  think,  will  be  some- 
thing like  this: 

Social  aggregates  are  formed  at  first  by  external  condi- 
tions, such  as  food  supply,  temperature  and  the  contact  or 
conflict  of  individuals  or  stocks.  So  fiir  the  process  is  physical. 

But  presently  social  aggregation  bcgfais  to  rMCt  fiivorably 
on  the  pleasure  and  on  the  liieK^umoes  of  indhridiiala.  In- 
dividuals become  aware  of  this  fact,  and  the  volitional 
prooeas  begins.  Thenceforward  the  associated  individuals 
9ttk  deliberately  to  extend  and  to  perfect  their  social  reU- 
tions.  Accordingly,  individual  and  social  dioicca  become 
important  fiictors  In  social  cansatioo.  Among  scores  of 
social  rekUoos  sad  sdhrities  that  are  soddentslly  estab- 
lished, tried,  or  tbooght  of,  some  appeal  to  coosckmsacss  as 
agreeable  or  desbmble.whUe  others  arouse  sntagooism.  The 
associated  hidhridtsals  dioose  and  sdect,  endeavoring  to 
strengthen  and  perpetuate  some  relations,  to  make  an  end 
of  others. 


12  Annals  of  the  American  Academy. 

Now,  however,  the  physical  process  reappears.  Choices 
have  various  consequences.  Judged  broadly,  in  their  bear- 
ing on  the  vigor,  development  and  welfare  of  the  community, 
choices  may  be  ignorant,  foolish  and  harmful,  or  enlightened, 
wise  and  beneficial.  Here,  then,  is  a  new  and  almost  limit- 
less field  for  natural  selection  to  work  in.  In  the  struggle 
for  existence,  choices,  no  less  than  individuals,  may  or  may 
not  survive.  The  choices  and  resulting  activities  and 
relations  that,  on  the  whole  and  in  the  long  run,  are  banefiil 
are  terminated,  perhaps  through  the  extinction  of  indi- 
viduals, perhaps  through  the  disappearance  of  whole  socie- 
ties. 

Thus  the  cycle  of  social  causation  begins  and  ends  in  the 
physical  process.  Intermediate  between  beginning  and  com- 
pletion is  the  volitional  process  of  artificial  selection  or  of 
conscious  choosing.  But  this  is  by  no  means,  as  Mr.  Ward 
contends,  a  substitution  of  an  artificial  for  a  natural  process. 
It  is  merely  an  enormous  multiplication  of  the  variations  on 
which  natural  selection  finally  acts. 

Accordingly  the  sociologist  has  three  main  quests.  First, 
he  must  try  to  discover  the  conditions  that  determine  mere 
aggregation  and  concourse.  Secondly,  he  must  try  to  dis- 
cover the  law  that  governs  social  choices,  the  law,  that  is,  of 
the  subjective  process.  Thirdly,  he  must  try  to  discover  also 
the  law  that  governs  the  natural  selection  and  survival  of 
choices,  the  law,  that  is,  of  the  objective  process. 


CHAPTER  II. 

THS   PROVINCR  OP  SOCIOI.OGY. 

Such,  in  general,  is  the  sociological  idea.  Of  itself,  how- 
ever, it  is  not  a  science.  A  living  science,  holding  the 
allegiance  of  practical  investigators,  is  likely  to  he  something 
less  or  something  more  than  an  organic  part  of  a  philoso- 
pher's system  of  knowledge.  Comte  invented  the  word  soci- 
ology and  built  up  a  sociological  theory,  because  he  felt  that 
the  "philosophic  positive"  would  be  but  a  sorry  fragment 
if  left  without  a  body  of  humanist  doctrine  to  supplement 
biology.  Mr.  Spencer,  with  the  results  of  a  later  and  most 
brilliant  half-century  of  discovery  at  his  command,  adopted 
the  word  and  remoulded  the  doctrine,  because  he  realized 
that  a  complete  account  of  universal  evolutioo  must  explain 
the  origin  and  structure  of  human  societies  no  less  than  the 
genesis  of  species  and  the  integration  of  star-dust.  But  the 
question  must  now  be  raised — How  much  of  this  doctrine 
belongs  properly  within  any  one  science?  A  social  phil- 
osophy  of  Comtist  or  Spencerian  dimensions  ought,  first  of 
all,  to  determine  its  pronnce  by  defining  its  relation  to  other 
branches  of  knowledge,  and  especially  to  those  narrower 
sciences  that  have  been  dividing  among  themselves  a  patient 
and  fruitful  study  of  no  small  portion  of  ubser\'able  social 
phenomena.  We  ought  not  to  assume,  without  further 
analysis,  that  the  natural  interpretation  of  society  is  the 
function  of  one  single,  all-embradng  idence.  The  paiticiilar 
social  sciences  have  not  been  altogether  devoid  of  the  posi- 
tive  character. 

One  group  of  such  studies,  known  coUectivdy  as  the  politi- 
cal sciences,  includes  political  economy,  the  philosophy  of 
law  and  the  theory  of  the  State.  Another  includes  archse- 
ology,  comparative  philology  and  the  comparative  study  of 
religions.  Does  sociology  embrace  these  various  departments 
of  investigation  ?  If  so,  is  it  anything  more  than  a  collective 

(13) 


14  Annals  of  the  American  Academy. 

name  for  the  sum  of  the  social  sciences  ?  Assuming  that  it 
is  more  than  a  collective  name,  does  it  set  aside  the  theo- 
retical principles  of  the  special  social  sciences  or  does  it  sub- 
stitute others  for  them,  or  does  it  adopt  and  co-ordinate 
them  ? 

According  to  the  Spencerian  conception,  political  economy, 
jurisprudence,  the  theory  of  the  State,  and  such  disciplines 
as  comparative  philology  are  differentiated  parts  of  sociology, 
and  therefore  sufficiently  distinct  though  co-ordinated 
sciences.  In  the  view  of  Comte  they  are  not  true  sciences 
at  all.  Comte' s  disparaging  notion  of  political  economy  is 
too  well  known  to  need  quotation.  The  life  of  society  he 
conceived  as  indivisible;  he  believed  that  legitimate  science 
could  study  it  only  as  a  whole.  It  is  the  Spencerian  view 
that  one  encounters  in  modern  discussions,  yet  accompanied 
more  often  tiian  not,  by  plain  intimations  that  only  the  subdi- 
visions of  sociologv- — the  specialized  social  sciences — are  of 
mucli  concern  to  serious  scholars.  Regarded  as  a  whole  of 
wliich  the  parts  are  definitely  organized  sciences,  grown 
alread}-  to  such  magnitude  that  the  best  equipped  student 
ca:i  l:ar(ll\-  hope  to  master  any  one  of  them  in  a  lifetime, 
sociology  is  too  vast  a  subject  for  practical  pur|)Oses.  One 
miglit  as  well  a]i])ly  to  it  at  once  Schoj>enhauer's  epigram- 
matic descri])tion  of  history — "  certainly  rational  knowledge, 
but  not  a  science." 

Vet  the  word  will  not  i)e  put  by.  A  writer  no  sooner 
re>oI\-es  that  he  will  not  take  all  social  knowledge  for  his 
])ro\ince  tiirni  he  tries  to  find  a  substance  for  the  disem- 
b'^died  name.  vSo  it  turns  out  that  every  social  philo.sopher 
creates  a  soci(jlogy  in  tlie  image  of  his  professional  specialt>'. 
To  the  economist  s(x:iology  is  a  penumbral  political 
ecMiiomy — a  seieiitific  outer  darkness — for  inconvenient 
problems  and  obstinate  facts  that  will  not  live  jx^aceably  with 
Well-bred  formulas.  To  the  alienist  and  criminal  anthro- 
pologist it  is  a  s^)cial  pathology.  To  the  ethnologist  it  is 
that  sub(livi-,ion  of  his  own  science  which  .supplements  the 
account  of  racial  traits  by  a  description  of  social  organization. 


Thr  Provincb  or  Socioux;y. 


IS 


To  the  comparative  m>'thologist  and  itiideiit  of   folklore 
it  is  an  account  of  the  evolution  of  culture. 

A  living  science  is  not  created  in  this  way.  It  grows 
from  a  distinct  nucleus.  It  becomes  every  decade  more 
clearly  indi\iduated.  It  makes  tor  itself  a  plainly  circum- 
scribed field.  Its  problems  axe  unmistakably  different  from 
those  of  any  other  department  of  investigation. 

These  limitations  seem  to  have  been  pcredvcd  more 
•deariy  by  some  other  people  than  by  the  sociologists  them- 
selves. A  suggestive  disagreement  of  opinion  between  two 
eminent  educators  in  the  univeraity  of  Brussels  has  pot  the 
matter  in  the  strongest  possible  light  M.  Otdllaitme  De 
Greef,  whose  '' IntroductioH  it  la  SociclcgW  I  have  found  to 
be  on  the  whole  more  valuable  than  any  other  general  work 
after  Mr.  Spencer's,  made  an  earnest  plea  in  the  pcefine  of 
his  '*  Premih^e  Partie,**  written  in  1886.  for  the  creation  of 
chairs  and  even  faculties  of  sociok)gy,  which  should  impart 
instruction  in  accordance  with  a  certain  dassificattoQ  of 
social  phenomena  that  M.  De  Greef  makes  very  important 
in  his  system.  Now  this  dassificatioo  is  one  of  the  all* 
comprdiending  schemes.  It  indodes  everything,  from  the 
husbanding  of  com  and  wine  to  electioneering  coutests  in 
the  Institute  of  France.  At  the  opening  of  the  univenity 
on  October  15,  1888.  the  rector,  M.  Van  der  Rest,  took 
"  La  Sociolofrie  "  as  the  theme  of  his  disooorae,  which  was 
a  keen  and  exceedingly  plain-spoken  argument  against  M. 
De  Greef 's  views,  and  a  justification  of  refusal  to  institute  the 
special  chair  desired.  Sociology  was  characteriMd  as 
a  badly  dctenaiiMd  adtaoe,  that  praMsts  bo  waO-daaaed  Use  of 


the  aMMl  varied  qMidoiukaU  of  wUeh. 
within  tbt  UnHs  of  tlM  fitidic*  oT  eaiilii^^  dhalra 

The  rector's  own  view  of  aoctotogy  was  sommed  np  as 
follows: 

I  adopt  the  word  bat  dmply  aa  tba  aanM  of  a  eoaoept  of  tba  hasMOi 
mind.  ArcapHng  tba  aisM  that  haa  beta  fivta  to  it.  I  iPoold  ntaaa 
by  it  the  adaaeaof  aodal  phiaoawBa,  Bat  X  woald  add  that  if  «•  go 
beyood  tha  doouda  of  abrtiaodoa.  Iha  Ktanoe  to  dcftaad  can  be 


1 6  AnnaivS  of  the  American  Academy. 

understood  in  one  of  two  ways  only:  either  it  will  have  for  its  object  a 
study  of  men  united  in  society,  including  all  the  facts  that  it  can  find  in 
social  life,  disengaging  their  laws  and  connecting  the  social  present 
with  the  past  and  the  future — in  which  case  the  science  cannot  be  con- 
structed, and  will  be  nothing  more  than  the  ensemble  of  our  political 
and  moral  sciences  bound  together  in  a  chimerical  unity;  or  it  will 
consist  only  of  general  views  on  social  progress,  and  then  it  seems  to 
me  impossible  to  make  out  the  line  of  demarcation  that  separates 
sociology  from  a  much  older  science,  the  philosophy  of  history.* 

We  need  not  accept  M.  Van  der  Rest's  conclusion  that  a 
concrete  sociology  must  be  either  the  ensemble  of  the  moral 
and  political  sciences  or  a  philosophy  of  history,  but  we  may 
agree  with  him  that  if  it  is  an  indefinite,  badly  determined 
thing,  it  cannot  be  a  university  study.  Sociology  cannot  be 
taught  as  an  organon  of  the  social  sciences,  nor  yet  as  a 
mass  of  unrelated  facts  left  over  from  other  researches. 

Clear  thinking  and  a  discriminating  use  of  terms  will 
create  order  from  the  confusion  and  establish  sociology  in 
its  rightful  position,  where  it  can  no  longer  encroach  on  the 
territory  of  other  sciences  nor  be  crowded  out  of  the  field  by 
them.  Sociology  is  a  general  social  science,  but  a  general 
science  is  not  necessarily  a  group  of  sciences.  No  doubt  the 
word  will  continue  to  be  used  as  a  short  term  for  the  social 
sciences  collectively,  and  there  is  no  harm  in  that.  Again, 
in  a  synthetic  philosophy  like  Mr.  Spencer's  it  can  always 
be  used  legitimately  to  denote  an  explanation  of  social  evo- 
lution in  broad  outlines  of  abstract  truth.  But  the  sociology 
of  the  working  sociologist,  and  of  the  university,  will  be  a 
definite  and  concrete  body  of  knowledge  that  can  be  pre- 
sented in  the  class-room  and  worked  over  in  theseminarium. 
These  last  conditions  are  crucial  for  the  existence  of  the 
science;  for  when  sociology  has  as  distinct  a  place  in  the 
working  program  of  the  university  as  political  economy 
or  psychology,  its  scientific  claims  will  be  beyond  cavil.  But 
that  will  be  only  when  educated  men  have  learned  to  con- 
ceive of  sociology  as  distinctly  and  concretely  as  they  con- 
ceive of  other  sciences.     The  word  must  instantly  call  to 

*"  La  Sociologie,"  Bruxelles,  1888,  p.  33. 


Tbb  Provxxcs  of  SoaoLooT.  17 

mind  a  particular  class  of  phenomcnt  and  a  definite  group 
of  co-ordinated  problems. 

That  such  distinct,  coucrcte  conceptioos  will,  in  time,  dis- 
place the  vague  notions  now  afloat,  is  bejrond  rfsonsbic 
doubt.  If  we  adhere  to  methods  of  sound  logic,  and  aooept 
guidance  from  the  history  of  other  sdenoes,  we  cannot  find 
it  especially  difficult  to  mark  off  sociology  from  the  qwcial 
social  sciences  when  once  we  apply  ourselves  seriously  to 
the  task.  Whenever  phenomena  belonging  to  a  single 
dass,  and  therefore  properly  the  subject-matter  of  a  single 
science,  are  so  numerous  and  complicated  that  no  one  inves- 
tigator can  hope  to  become  acquainted  with  them  all,  they 
will  be  partitioned  among  many  particular  sciences;  yet 
there  may  be  a  general  science  of  the  phenomeiia  in  their 
entirety,  as  a  class,  on  one  condition,  namdy,  the  general 
science  must  deal  with  attributes  of  the  class  that  are  com- 
mon to  all  of  its  sub-classes  and  not  with  the  particular 
attributes  of  any  snb-dass.  Sndi  common  attributes  axe 
elementary.  General  principles  are  fundamental.  A  gen- 
eral science,  therefore,  is  a  science  of  elements  and  first 
principles. 

Biology  affords  the  most  helpful  analogy.  The  word 
''biology  "  like  **  sociology,"  was  proposed  by  Comte,  and 
he  used  both  the  one  and  the  other  for  like  reasons.  He 
believed  in  a  science  of  life  as  a  whole,  as  in  a  science  of 
society  ss  a  whole.  But  **  biology,*'  like  '*  sociology,"  had 
no  vogue  until  Mr.  Spencer  took  it  up.  All  but  the  youngest 
of  our  scientific  men  can  remember  when  it  began  to  creep 
into  college  and  university  catalogues.  Neither  the  word 
nor  the  idea  obuincd  recognition  without  a  struggle.  What 
was  there  in  biology,  the  objectors  said,  that  was  not  already 
taught  as  "  natural  history,"  oras  botany  and  soology,  or 
as  anatomy  and  phy8iok>gy  ?  The  reply  of  the  biologiiU 
was  that  the  essential  phenooiena  of  life— cellular  structure, 
nutrition  and  waste,  growth  and  reproduction,  adaptation  to 
environment,  and  natural  selection — are  common  lo  animal 
and  plant;    that  structure  and  functioo  are  unintelligible 


iS  Annals  of  the  American  Academy. 

apart  from  each  other;  and  that  the  student  will  therefore 
get  a  false  or  distorted  view  of  his  subject  unless  he  is  made 
to  see  the  phenomena  of  life  in  their  unity  as  well  as  in  their 
.special  phases.  He  should  study  botany  and  zoology,  oC 
course,  but  he  should  be  grounded  first  in  biology,  the 
science  of  the  essential  and  universal  phenomena  of  life 
iiiuler  all  its  varied  forms.  This  view  of  the  matter  won  its 
way  by  mere  inherent  truthfulness  and  good  sense.  Gen- 
eral biology  became  a  working  laboratory  science,  conceived 
and  pursued  as  a  groundwork  of  more  special  biological 
sciences. 

The  question  about  sociology  is  precisely  similar  and 
must  be  answered  in  the  same  wa}'.  What  aspect  of  social 
life  is  not  already  brought  under  scrutiny  in  one  or  more  of 
the  economic,  political,  or  historical  courses  already  provided 
in  well-organized  universities?  Perhaps  none,  yet,  as  the 
sociologist  sees  it,  this  is  not  the  real  question.  Is  society 
after  all  a  whole?  Is  social  activity  continuous?  Are  there 
certain  essential  facts,  causes  or  laws  in  society,  which  are 
common  to  communities  of  all  kinds,  at  all  times,  and  which 
luiderlie  and  explain  the  more  special  social  forms?  If  we 
must  answer  ''yes,"  then  these  universal  truths  should  be 
taught.  To  teach  ethnology,  the  philosophy  of  history, 
p<:)litical  economy  and  the  theory  of  the  vState,  to  men  who 
liave  not  learned  these  first  principles  of  .sociology,  is  like 
teaching  astronomy  or  thermodynamics  to  men  who  have 
not  learned  tlie  Newtonian  laws  of  motion.  An  analysis, 
tlien,  of  tlie  general  characteristics  of  social  phenomena  and 
a  formulation  of  the  general  laws  of  social  evolution,  should 
l)e  made  the  basis  of  special  study  in  all  departments  of 
SfK-ial  science. 

vSoriology  tlierefore  may  be  defined  as  the  science  of  .social 
elements  aiul  first  ])rinciples.  It  is  not  the  inclusive,  but  the 
finidamental  social  science.  It  is  not  tlie  sum  of  the  .social 
s^-iences,  ])ut  the  groundwork,  in  which  they  find  a  common 
]):i>\>.  Its  far-reaching  ])rinciples  are  the  postulates  of  spe- 
cial sciences,  and  as  such  thev  co-ordinate  and  bind  together 


Th8  Provincs  or  Sociology.  19 

the  whole  body  of  social  generalizations  into  a  large  scientific 
unity.  Not  coticemed  with  the  detail  of  social  phenomena, 
sociology  is  intermediate  between  the  organic  scicncca  on  the 
one  hand,  and  the  political  and  historical  scicncea  on  the 
other.  Sociology  rests  on  biology  and  psychology.  The 
special  social  sciences  rest  on  sociology. 

Yet,  after  all,  have  we  not  overlooked  an  important  possi- 
bility ?  May  it  not  be  that  our  fundamental  social  science, 
granting  that  there  is  and  must  be  one,  is  no  new  and  un* 
fiuniliar  knowledge,  but  simply  one  of  those  older  social 
sciences  that  we  have  called  special;  politics  for  example,  or 
political  economy  ? 

The  fimdamental  social  science,  whate\*er  it  is,  mtist  not 
take  for  granted  social  data  that  admit  of  scientific  explana- 
tion  by  reduction  to  simpler  terms.  If  either  political 
economy  or  the  theory  of  the  State,  or  any  other  social  sci- 
ence, builds  on  assumptions  that  are,  demonstrably,  induc- 
tions from  more  elementary  social  truths,  snch  a  science  has 
no  claim  to  logical  precedence.  Whether  its  interpretations 
are  objective  or  subjective  in  form,  the  ultimate  social  adenoe 
must  reduce  its  subject-matter  to  primarv  social  phenomena, 
or  to  incipient  social  motives. 

So  far,  then,  as  the  objective  interpretation  is  concerned, 
neither  political  economy  nor  politics  can  pretend  that  it  goes 
back  to  primary  tiuds  in  the  social  categor> . 

Both  fiimkly  assume  without  explanation  the  phenomena 
of  hnman  assodatioo. 

It  is  true  that  systematic  works  00  political  economy  have 
nsoally  included  discussions  of  the  Malthusian  theory  of 
popuUtion,  and  of  the  hypothesis  of  the  diminishing  returns 
of  land,  and  have  thereby  put  forward  partial  explanations 
of  the  inteTKtion  between  populatioo  and  environment 
But  of  these  dlscwMiont  it  it  to  be  said,  first,  that  they  are 
not  logically  parts  of  political  economy  proper.  For  political 
economy  in  a  strict  sense,  they  are  merely  data,  as  many  of  the 
text  writers  kxig  siiice  recognised,  the  oonstmctive  study  01 
which,  on  their  own  merits,  must  fidl  within  sociology,  if 


20  Annai3  op  thk  American  Academy. 

such  a  science  is  ever  elaborated.  In  the  second  place,  even 
if  we  include  them  in  political  economy,  they  do  not  account 
for  association.  Poptdation  may  increase  at  any  possible 
rate,  and  unequal  returns  from  land  may  distribute  the 
increase  unequally,  sparsely  here  and  densely  there,  but 
people  do  not  therefore  necessarily  associate.  As  much  as 
this  political  economy  admits  by  its  procedure,  for  in  all  its 
further  discussions — as  of  co-operation  and  division  of  labor, 
of  combination  and  competition,  of  exchange  and  distribu- 
tion— political  economy  at  once  takes  the  whole  social  milieu 
for  granted.  The  benefits  flowing  from  all  these  things 
react  favorably  on  association,  but  they  are  not  the  first 
cause  of  association.  They  could  not  have  come  into  exist- 
ence before  association  itself  was  established. 

In  the  same  way,  in  political  science  as  it  has  been  written, 
there  have  been,  since  Aristotle's  day,  long  prefatory 
accounts  of  the  origins  of  human  communities,  usually 
mere  elaborations  of  the  patriarchal  theory.  But  the  greatest 
step  forward  that  political  science  has  made  in  recent  3^ears, 
has  been  its  discovery  that  its  province  is  not  co-extensive 
with  the  investigation  of  society,  and  that  the  lines  of 
demarcation  can  be  definitely  drawn.  In  his  great  work  on 
"Political  Science  and  Comparative  Constitutional  Law," 
Professor  Burgess  has  not  only  sharply  distinguished  the 
government  from  the  State,  but  for  the  first  time  in  political 
philosophy,  he  has  clearly  distinguished  the  State  as  it  is 
organized  in  the  constitution  from  the  State  behind  the  con- 
stitution. "A  population  speaking  a  common  language  and 
having  common  ideas  as  to  the  fiindamental  principles  of 
rights  and  wrongs,  and  resident  upon  a  territory  separated 
by  high  mountain  ranges  or  broad  bodies  of  water  or  by 
climatic  differences  from  other  territory,"*  such  is  the  State 
behind  the  constitution.  It  "presents  us  with  the  natural 
basis  of  a  true  and  permanent  political  establishment."  It 
is  ' '  the  womb  of  constitutions  and  of  revolutions. ' '    Political 

•"The  American  Commonwealth,"  Political  Science  Quarterly^  Vol.  I,  No.  i, 
March,  1886,  page  13. 


I 


ThB  PROVmCH  OF  SOCIOLOGT.  ai 

adcnoe  atudkt  the  State  within  the  constitution  and  shows 
how  it  cxprcsaes  its  will  in  acts  of  government  It  in- 
quires how  this  State  within  the  constitution  is  created  and 
moulded  by  the  State  behind  the  constitution,  but  beyond 
this  political  science  proper  does  not  go.  The  State  behind 
the  constitution,  or  natural  society  at  we  should  otherwise 
call  it,  Is  for  politics,  as  for  political  economy,  a  datum. 
The  detailed  study  of  its  origins  and  evolutioo  falls  within 
the  province  of  sociology. 

If,  now,  we  turn  to  aabjective  interpretations,  or  the 
explanation  of  social  phenomena  in  terms  of  motive,  we 
shall  find  that  here,  also,  the  political  and  other  social  sci- 
ences assume,  to  start  with,  certain  premises,  which,  on 
further  examination,  turn  out  to  be  sociological  truths, 
neither  simple  nor  elementar>'. 

We  will  begin,  as  before,  with  political  economy.  Econo- 
mists have  lately  gained  new  insight  into  the  nature  of  the 
premises  of  economic  theory.  They  are  no  longer  content  to 
describe  their  science  as  concerned  merely  about  material 
wealth.  The  psjrciiological  nomcodature  that  is  finding  its 
way  so  rapidly  into  current  economic  discussion  is  significant 
chiefly  of  new  points  of  view  and  of  an  important  change  of 
perspective.  The  purely  mental  phenomena  oi  wants  and 
flMti^bctions  are  brought  into  the  foreground.  The  prodnc- 
tioa  of  material  commodities  is  no  longer  placed  firrt  in 
exposition;  for  it  is  seen  that  certain  Uwa  of  cootomption, 
reigning  deep  down  in  human  nature,  govern  the  whole 
process  of  production  and  exchange.  Many  yean  ago 
Preiident  Walker  described  consmnptioo  as  the  dynamics  of 
wealth,  and  we  are  now  just  hrginning  to  imdaitaad  how 
much  the  saying  may  mean.  Dciirea,  it  is  erident,  are  the 
motive  forces  of  the  economic  world.  Aocoidfaig  to  their 
varying  nnmbcrs,  intemitics  and  forms  are  shaped  the  out- 
ward actlvitica  of  men  and  the  myriad  i^iaaea  of  faidnstiy 
and  trade. 

But  what.  then,  of  the  origin  of  deiins  tiienndves? 
What  conditions  ha^x  determined  their  evolutioo.  horn  those 


22  Annai^  of  the  American  Academy. 

crude,  primitive  wants  of  a  purely  animal  existence,  that  the 
savage  shares  with  baboons  and  wild  gorillas,  up  to  those  of 
the  "good  gorilla,"  as  M.  Renan  has  called  him,  the  man 
of  gentle  instincts  and  cultivated  tastes  ?  These  are  inter- 
esting questions,  but  the  economist  does  not  answer  them. 
He  takes  desires  as  he  finds  them,  save  in  so  far  as  he  finds 
it  necessary,  in  working  out  the  dynamic  phases  of  his  sub- 
ject, to  observe  the  reactions  of  economic  life  itself  upon 
desire.  But  in  general,  desires  are  for  him  the  premises  of 
an  intricate  deductive  scheme,  and  nothing  more. 

How  is  it  with  the  theory  of  the  State  ?  Political  science, 
too,  finds  its  premises  in  facts  of  human  nature.  The  motive 
forces  of  political  life,  as  of  economic  life,  are  the  desires  of 
men,  but  under  another  aspect — desires  no  longer  individual 
merely,  and  no  longer  a  craving  for  satisfactions  that  must 
come  for  the  most  part  in  material  forms.  They  are  desires 
massed  and  generalized;  desires  felt  simultaneously  and  con- 
tinuously by  thousands,  or  even  by  millions  of  men,  who 
are  by  them  simultaneously  moved  to  concerted  action.  They 
are  desires  of  what  we  may  call  the  social  mind  in  distinction 
from  the  individual  mind,  and  they  are  chiefly  for  such  ideal 
things  as  national  power  and  renown,  or  conditions  of  liberty 
and  peace.  Transmuted  into  will,  they  become  the  phenom- 
enon of  sovereignty — the  obedience-compelling  power  of  the 
State.  Political  science  describes  these  gigantic  forces  of  the 
social  mind  and  studies  their  action ;  but  it  no  more  concerns 
itself  with  their  geneses  than  political  economy  concerns 
itself  with  the  genesis  of  individual  desires.  It  simply 
assumes  for  every  nation  a  national  character,  and  is  content 
that  the  political  constitution  of  the  State  can  be  scientifically 
deduced  from  the  character  assumed.  It  takes  the  fact  of 
sovereignty  and  builds  upon  it,  and  does  not  speculate  how 
sovereignty  came  to  be,  as  did  Hobbes  and  Locke  and  Rous- 
seau. It  starts  exactly  where  Aristotle  started,  with  the 
dictum  that  man  is  a  political  animal,  and  does  not  attempt 
to  go  farther  back. 


« 


« 


Thk  Provxnc*  of  SoaoLOCY.  23 

There  is  a  ^onp  of  sciences  that  are  concerned  with  vari- 
ous special  phases  of  the  aocsal  mind.  The  foundation  of 
these  is  comparative  philology,  whidi  Renan,  writing  in 
1848  of  the  future  of  science,  with  dear  vision  and  happy 
phrase  described  as  '  *  the  exact  tcientt  of  things  intellectual.' ' 
On  this  science  have  been  built  the  scicncca  of  comparative 
mythology  and  comparative  religion,  and  materials  are  even 
now  accumulating  for  a  adenoe  of  comparative  art  Of  all 
these  sciences,  as  of  economics  and  politics,  the  postnlatct, 
not  always  distinctly  stated  but  always  implied,  are  human 
desires  ;  for  aspiration  is  but  desire  blending  itself  with  belief 
and  rising  into  the  ideal.  Unlike  economics  and  politics, 
however,  these  sdences  of  Cuiturgeuhukte ^Xowom^  extent 
deal  directly  with  the  genesis  of  the  mental  states  that  are 
their  postulates.  But  they  study  them  only  in  very  special 
phases  and  with  a  narrowly  specific  purpose.  Upon  the 
broad  question  of  the  evolution  and  ultimate  causation  of 
desires  in  general,  they  have  no  omrion  to  enter. 

Thus  it  would  appear  that  there  is  no  one  of  the  reoogniied 
sodal  sciences  that  takes  for  its  peculiar  problem  the  investi- 
gation of  the  origins  of  those  motive  forces  that  are  every- 
where assumed  to  aocotmt  for  all  that  comes  to  pMi  in  the  * 
social  life  of  mankind.  Yet  though  not  invcfUgated,  nor 
taken  up  for  patient  sdentific  analysis,  these  origins  are 
by  no  means  hidden.  The  manner  of  thdr  cumtkin  it 
everywhere  taken  for  granted,  as  if  so  simple  «  tliiiig 
could  not  possibly  be  overlooked  or  stand  in  need  of  explana- 
tion. Assodation.  comradeship,  a>K)peratioii,  hsvc  000- 
verted  the  wild  gorilla  into  the  good  gorills  sad  bRrngbt  it 
to  be  that,  in  the  quaint  words  of  Bacon, 


tbcft  is  hi  BMui'*  oAtnre  a 
of  otbtri,  which  if  it  b«  aol 
fpcnd  itadf  towards  maay, 
ch«riUble,  ••  it  is  Mi 

Or  to  drop  the  figure — for  it  is  nothing  more,  since  the 
human  progenitor  must  have  been  a  social  and  companion- 
able sort  of  ape,  and  no  gorilla  at  all — it  has  been  the 


2-1  Annals  of  the  American  Academy. 

ru!)bing  of  crude  natures  together  that  has  made  fine  natures. 
It  has  been  the  well-nigh  infinite  multiplication  of  sensa- 
tions, experiences,  suggestions,  due  to  the  prolonged  and 
intimate  gregariousness  of  human  hordes  in  those  favorable 
environments  where  population  could  become  relatively 
dense,  that  has  created  the  human  mind  and  filled  it  with 
those  iniunnerable  wants  that  impel  to  ceaseless  effort  and 
tireless  questioning  of  the  unknown.  That  as  *'  iron  sharp- 
c:iLth  iron  .so  a  man  sharpeneth  the  countenance  of  his 
friend,"  was  the  earliest  and  the  greatest  discovery  ever 
made  in  .sociology. 

If  the  foregoing  account  is  true  to  logic  and  fact,  no  one 
of  the  particular  social  sciences  is  the  primary  science  of 
society,  either  as  an  objective  or  as  a  subjective  explanation. 

There  remains,  however,  one  further  possibility.  Admit- 
ting that  political  economy  as  usually  defined  and  taught  is 
a  particular  social  science,  logically  an  off-shoot  of  sociolog}-, 
an  objector  may  claim  that  we  have  now  an  abstract  or 
pure  economics,  preliminary  to  "political"  or  "social" 
economy,  and  consisting  of  theories  of  sul)jective  utility, 
Cost  and  value,  which,  so  far  from  being  a  part  or  branch 
of  sociology,  is  logically  antecedent  to  all  branches. 

This  objection  is  not  only  inherently  plausible,  but  it  may 
Seem  to  derive  .support  from  the  claims  already  conceded  in 
behalf  of  subjective  interpretations  in  the  social  sciences 
generally.  If  clioices  are  not  capricious  are  they  not  gov- 
erned \)y  considerati(jns  of  utility,  and  is  not  subjective 
utility  therefore  antecedent  logically  and  developmentally  to 
s'^ciety  ?  Would  not  the  individual  who  lived  in  contact  with 
nature  enjoy  subjective  utility  every  time  he  ate  his  food  or 
l;i\- in  the  sun,  though  tliere  were  no  .society?  If  so,  is  not 
the  thec^ry  of  utility  ])recedent  to  sociology? 

Without  entering  here  upon  the  discussion  of  the  utili- 
tarian theory  of  choices  I  ai!i  prepared  to  deny  that,  as  far 
as  choice  is  determined  by  subjective  utility,  it  is  evolution- 
ally  antecedent  to  association.  It  can  be  .shown  that,  apart 
from  association,  there  could  never  have  been  any  such  thing 


Tbr  Pkovxkcb  of  Sociology.  25 

as  subjective  utility.  Therefore  there  is  no  independent 
science  of  utility.  The  theory  of  utility  is  merely  a  port  of 
theoretical  sociology. 

In  demonstration  of  these  propoaitioDS,  the  first  step  is  to 
expose  a  fallacy  of  definition.  A  tendency  has  crept  into 
recent  economic  writing  to  use  the  term  subjective  utility  as 
if  it  meant  merely  any  degree  of  pleasurable  feeling,  how- 
ever slight,  and  meant  nothing  whatever  in  addition  to 
pleasure,  or  in  combination  with  it.  If  this  tisage  is  not 
abandoned,  economists  will  soon  find  themselves  involved  in 
hopeless  difficulties.  The  pleasure  element  in  subjective 
utility  must  be  more  than  infinitesimal.  It  must  be  of  suf- 
ficient magnitude  to  have  importance  for  consdousnesa,  and 
to  admit  of  appreciable  distinctions  of  more  and  less. 
Besides,  pleasure  is  not  the  only  element.  Subjective 
utility  is  pleasurable  feding  in  combinatioo  with  knowledge 
that  the  pleasure  is  cooaequent  upon  an  external  oooditkm 
or  thing,  namely,  an  objective  utility.*  Unless  this  intel- 
lectual factor  is  included,  the  whole  theory  of  utility,  which 
has  been  constructed  with  so  much  labor,  falls  into  ruin,  for 
the  theory  has  always  tacitly  assumed,  as  its  minor  premise^ 
that  varying  states  of  feeling  are  accompanied  by  aooie 
measure  of  knowledge  of  the  qualitative  or  quantitative 
changes  in  external  conditions  to  which  the  states  of  feeling 
respond. 

The  next  step,  therefore,  is  to  show  that  pleaiiiimble  feel- 
ing can  become  voluminous  enough  to  admit  of  appreciable 
distinctions  of  more  and  leas,  only  under  social  cooditioiia, 
and  that,  in  like  manner,  it  is  only  in  aodal  life  tint  the 
intellectual  element  can  undergo  a  correapoiiding  evolution. 

Let  it  be  supposed  that  an  organiam  owing  nothing  to 
contact  or  aaaodatioo  with  ita  feUowi  is  capable  of  pleaaure 
and  pain.  Peeling  ia  none  the  leaa  dqMndent  on  external 
atimuli.    Theplcastueof  eating  ia  dependent  on  the  objective 


•  Pbrtbe  uchakml  dktlwtlM  teCt 
to  ra*md  to  lk«  abrtrKt  l«  Vol  VL  Moa  i  sad  s.  of  Ite 

itlo«."ora  p«prr  rMd  bjr Um  Mrtter  at  Ikt^ 
rofOwAMOditlwi.tai 


26  Annals  of  the;  American  Acadkmy. 

utility,  food.  Unless  the  food  is  varied  and  abundant, 
and  unless  the  activity  of  the  organism  in  seeking  and 
securing  food  is  varied  and  strenuous,  the  capacity  for  plea- 
sure will  remain  infinitesimal.  What  will  cause  its  expan- 
sion ?  The  one  possible  reply  is,  concourse,  suggestion  and 
imitation.  The  individual  left  to  itself  would  find  little  prey 
and  develop  little  skill  in  capture.  A  thousand  associated 
individuals  will  among  them  find  many  kinds  and  sources 
of  supply,  and  will  hit  upon  many  arts  of  conquest.  Through 
imitation  all  will  rush  for  the  food  discovered  by  each,  and 
all  will  acquire  the  skill  of  each.  Thus,  though  food  is  the 
primary  objective  utility,  the  secondary  one,  without  which 
the  first  could  never  have  been  of  more  than  infinitesimal 
importance  for  consciousness,  is  the  suggestive  conduct  of  a 
fellow-creature. 

In  suggestion  and  imitation  we  have,  beyond  any  doubt, 
those  most  primary,  most  elementary,  social  facts,  for  which 
we  have  been  looking.  They  are  the  phenomena  that  dif- 
ferentiate association,  in  the  true  or  social  sense,  from  mere 
physical  association  or  concourse.  It  is  because  neither 
political  economy  nor  politics  concerns  itself  with  them  that, 
as  was  said  a  few  paragraphs  back,  neither  of  those  sciences 
explains  the  human  association  which  both  are  obliged  to 
assume  as  a  datum.  No  more  profound  sociological  study 
has  yet  appeared  than  M.  Tarde's  fascinating  volume,  ''Les 
Lois  d r Imitation,''^  in  which  imitation  is  described  as  the 
characteristic  social  bond,  antecedent  to  all  mutual  aid, 
division  of  labor  and  contract,  and  is  examined  in  detail,  as 
it  appears  in  the  complicated  activities  of  modem  civilization. 

My  immediate  contention,  however,  includes  more  than 
this.  Not  only  are  suggestion  and  imitation  the  primary 
social  facts,  they  are  also,  I  afl&rm,  among  the  most  element- 
ary phenomena  of  utility,  both  objective  and  subjective. 
They  are  precisely  the  phenomena  that  raise  one  factor  of 
subjective  utility,  namely,  pleasurable  feeling,  to  a  sufficient 
magnitude  to  make  it  of  any  importance  for  consciousness 

*  Paris,  1890. 


The  Provinck  of  Sociowxjy.  27 

or  for  conduct.  Consequently,  from  thdr  very  beginnings, 
pleasurable  feeling  within  and  asaodation  without  are  insep- 
arably bound  together.  Both  are  antecedent  to  true  iiabjec* 
tive  utility,  to  subjective  coat  and  to  subjective  value.  The 
subjective  interpretation  of  aodety  in  tenna  of  thcae  ooocep- 
tions  cannot  possibly  take  us  all  the  way  bade  to  aodal 
foundations  in  analysis,  or  to  social  b^^inningB  in  time. 
Sodal  evolution  is  antecedent  to  all  aul^eethw  utility.  When, 
in  the  course  of  social  evolution  subjective  utility  appean, 
it  enters  as  a  new  factor  into  the  prooeaa,  and  it  thesoefoith 
antecedent  to  many  of  the  higher  or  more  oompUcated  aodal 
developments.  These  latter,  therefore,  but  these  only,  admit 
of  the  subjective  interpretation  in  terms  of  utilitarian  theory. 

How,  then,  are  subjective  utility,  cost  and  value,  evolved 
in  the  sodal  process?  The  trouble  of  looking  into  this  qucs* 
tion  will  be  well  repaid.  We  shall  get  not  only  a  better 
idea  of  dementary  social  phenooena,  but  a  fiur  dearer  con- 
ception of  the  conditions  oa  which  every  mode  and  degree 
of  utility  depends. 

Pleasurable  feding,  we  say,  is  conditioned  by  the  objcc- 
tive  utility,  food.  But  what,  then,  is  food  ?  For  the  animal 
world  it  is  neither  more  nor  less  than  a  iurrgsaion  of  van- 
quished organisms,  which  have  been  engaged,  through  their 
little  day,  in  a  life  and  death  struggle  with  other  organ- 
isms, and  have  at  last  met  the  conqueror  that  is  to  dex-our 
and  assimilate  them.  Conflict,  conquest  and  death  are  the 
preliminary  conditions  of  utility.  Life  oootinnea  but  b>' 
devouring  life,  and  from  this  Uw  there  is  no  ddiverance. 
No  more  in  organic  than  in  inorganic  nature  can  we  pre- 
vent the  cratelcM  dissipation  of  energy  and  integration  of 
matter  which  constitutes  the  univenal  evolution.  When 
miMfB  of  matter,  whether  lifdcasor  living,  in  their  cndlcai 
moving  to  and  fro  come  within  range  of  cndi  other'a  influ- 
ence, the  less  potent  is  abaorbed  by  the  more  potent,  or  the 
two  become  united  as  one. 

For  conadoua  aenturet  iucccas  in  the  struggle  menus 
pleasure,  but  in  the  struggle  itself  there  are  experiences  of 


28  Annals  of  thk  American  Academy. 

pain,  weariness,  terror,  and  perhaps  even  of  physical  mutila- 
tion. These  are  elements  of  that  subjective  cost  by  which 
all  subjective  utility  is  conditioned. 

Now  while  there  is  no  escape  from  the  universal  conflict, 
and  all  our  pleasure  must  be  bought  with  pain,  it  is  possible 
to  change  the  quantities  of  both  pain  and  pleasure,  and  to 
alter  their  ratio  to  each  other.  The  highest  conscious 
organism,  man,  with  an  enormously  greater  capacity  for 
pleasure  than  any  rival  possesses,  subsists  mainly  on  organ- 
isms either  devoid  of  sensation,  as  vegetation,  or  compara- 
tively  low  in  the  animal  scale,  and  he  appropriates  them 
with  a  minimum  of  efifort.  Pleasure  admits  of  indefinite 
increase,  pain  of  indefinite  decrease. 

But  no  merely  individual  effort  or  experience  could  achieve 
these  desirable  results.  They  are  social  products,  conse- 
quences of  social  evolution,  which  become  of  ever  greater 
importance  as  social  orgginization  becomes  more  perfect. 
The  social  condition  on  which  they  depend  is  next  in  gener- 
ality after  imitation,  and  is  that  which  shapes  the  majority 
of  positive  social  relations.  Pleasure  no  less  than  pain  iij 
bom  of  conflict,  but  the  progressive  evolution  of  pleasure 
and  its  appreciable  increase,  both  absolute  and  relative, 
depend  on  the  progressive  limitation  and  regulation  of  con- 
quest and  absorption  by  toleration  and  alliance. 

In  an  exhaustive  treatise  on  the  forms  and  limitations 
of  conflict  in  human  society,  '^  Les  Luttes  entre  SociHh 
Humaines''^  M.J.  Novicow  has  inquired  deeply  into  the 
mutual  reactions  of  conflict  and  alliance.  He  has  directed 
attention  to  the  universality  of  conflict,  and  has  reminded 
us  that  victory  always  creates  subordination,  which  may 
vary  in  degree  between  the  widest  extremes.  M.  Novicow 
seems  not  to  have  perceived  the  bearing  of  his  observations 
upon  the  theory  of  utility,  and  he  is  interested,  therefore, 
chiefly  in  the  relation  of  conflict  and  alliance  to  social  group- 
ing. Whatever  the  degree  of  subordination  resulting  from 
conflict  and  conquest,  some  grouping  or  other  is  modified. 

•  Paris,  1893. 


Tb8  Provxkok  ow  Socioloot.  29 

If  subordinatioo  is  not  poshed  to  the  point  of  annihilation 
and  abaoxption.  conquest  is  limited  by  alliance,  and  a  new 
corporate  individuality  is  created.  Here  is  the  soggcstioii 
of  an  interesting  genomlization.  The  higher  types  of  asso- 
ciation come  into  existence  only  as  a  partial  snbordination 
dispUuxs  that  which  is  totsL  If  the  anusba  had  always 
devoured  other  amoebe  there  never  would  have  been  poly- 
cellular  organisms.  If  every  horde  had  insssarnd  all  its 
enemies  there  never  would  have  been  tribe  nor  city. 

This  is  an  important  principle  in  the  objective  explanation 
of  society.  The  corresponding  subjective  principle,  which 
*M.  Novicow  has  not  formulated,  is  not  of  less  consequence. 
Only  as  the  absolute  subordination  of  ruthless  conquest  is 
displaced  by  the  mild  and  partial  subordination  of  alliance, 
can  there  be  either  an  absolute  or  a  relative  increase  of 
pleasure,  progressix'ely  and  on  a  large  scale.  On  the  other 
hand,  where  alliance  does  limit  conquest,  as  we  have  now  to 
observe,  the  absolute  and  the  relative  increase  of  pleasure  are 
assured. 

Intermediate  bet  net  u  conflict  and  alliance  is  a  stage  that 
M.  Novicow  has  not  mentioned,  that  of  toleration.  The 
struggle  for  food  discloses  the  fact  that  creatures  of  the  same 
kind  or  spedes  are  usually  too  nearly  equal  in  strength  and 
skill  for  any  large  number  of  them  to  depend  habitnally  on 
conquests  over  their  follows  for  sobsiitCBoe.  They  are  fotced 
to  tolerate  each  other  and  to  conircrt  their  stmQik  agaiBal 
one  another  into  a  war  on  lesser  creatures. 

The  necessary  consequence  is  an  increase  of  the 
element  of  subjective  utility.  No 
other,  their  rehitively  rapid  multiplication  is  assured.  They 
are  compelled,  therefore,  to  explore  their  environment  to  dis- 
cover its  possThilitics  and  faiddentally  to  perfect  their  adjnst- 
ment  to  a  wider  range  of  conditions.  Two  consequences, 
among  others,  follow:  Pirrt.  the  kifcr  ejipciitBce  in  food* 
getting  and  the  greater  variety  of  food,  make  the  food  sopply 
more  certain.  The  pains  of  privation  will  be  lev  often  ML 
Secondly,  beyond  certain  Unite  varied  food  aflbrds  more 


30  Annai^  of  the  American  Academy. 

pleasure,  quantity  for  quantity,  than  food  of  one  kind.  This 
is  merely  a  corollary  of  the  familiar  law  of  subjective  utility, 
that  the  pleasure  derived  from  the  consumption  of  successive 
increments  of  a  given  commodity,  within  the  same  brief 
time  period,  is  of  decreasing  intensity,  moving  always  toward 
the  zero  of  satiety. 

Toleration  once  established,  more  positive  relations  are  at 
any  time  possible.  Besides  refraining  from  aggressions  upon 
one  another  the  individuals  of  a  social  group  begin  to  aid 
each  other  in  active  ways.  They  unite  to  defend  each  other 
against  enemies.  They  co-operate  in  procuring  and  prepar- 
ing food  and  in  finding  and  making  shelter.  Antagonism 
and  struggle,  first  checked  by  toleration,  have  now  been  suc- 
ceeded by  alliance.  The  possibilities  of  pleasure  are  enor- 
mously increased,  for  alliance  is  an  auxiliary  objective  utility 
of  immense  power.  It  makes  possible  conquests  over  nature 
and  lower  organisms  that  would  be  wholly  impossible  by 
individual  effort. 

It  is  probable  that  all  modes  of  alliance  begin  accidentally 
and  unconsciously.  By  mere  chance,  perhaps,  simple  forms 
of  co-operation  are  hit  upon,  and  perhaps  by  natural  selec- 
tion and  survival  the  creatures  which  thus  do  aid  each  other, 
even  without  consciously  formulated  plan,  get  ahead  of 
others  which  do  not  even  fortuitously  combine. 

But  by  this  time  conscious  planning  has  become  possible. 
True  subjective  utility  has  now  at  last  come  into  existence, 
and  so  has  true  subjective  cost.  Pleasure  and  pain  have 
become  sufficient  in  magnitude  to  admit  of  appreciable  dis- 
tinctions of  more  and  less.  A  great  variety  of  experiences 
has  developed  also  the  intellectual  factor,  which  is  pre- 
eminently a  product  of  social  life,  for  attention,  memory  and 
judgment  are  developed  mainly  by  observation  and  imitation 
of  fellow  creatures.  Pleasure,  therefore,  has  become  defin- 
itely associated  in  consciousness  with  the  perception  of 
external  conditions  on  which  it  depends.  The  feeling  and 
the  perception  together  are  subjective  -utility.  Pain  has 
become  associated  in  like  manner  with  a  perception  of  other 


Tbb  Provucck  op  Socxoux;y.  31 

external  conditions  and  with  a  perception  of  its  relation  to 
pleasure.  This  feeling  and  these  percepiioos  together  are 
subjective  cost 

When  subjective  utility  and  subjective  cost  have  beoome 
well  establishfd  phenomena  of  ronsrioiiHif ,  and  when 
intellectnal  devdopment,  consequent  npon  aaodation,  hat 
gone  far  enough  to  render  possible  rather  complex  com- 
parisons of  quantities,  another  economic  idea,  that  of  sub- 
jective value,  can  emerge.  By  no  possibility  can  it  appear 
sooner.  More  absurd  even  than  the  identification  of  sub- 
jective utility  with  mere  pleasure  has  been  the  identification 
of  subjective  value  with  pleasure.  Subjective  value  is  a 
highly  complex  notion. 

Only  the  briefest  account  of  it  can  be  given  here.*  When 
a  variety  of  objective  utilities  has  been  attained,  and  a  range 
of  choice  is  thereby  presented  to  each  individual  oonacions- 
ness,  a  comparison  of  utilities  with  one  another,  and  with 
their  respective  costs,  is  made.  Utilitka  and  costs  are 
pictured  in  imagination  before  they  are  actually  experienced, 
and  different  judgments  are  formed  about  them.  The 
effective  utilities,  in  particular,  are  eatimated.  By  these 
are  meant  the  relative  capabiUtka  of  like  kinds  and  quanti- 
ties of  commodity  to  a£fbrd  latisfiiction  under  varying  condi- 
tions of  want.  The  effective  utility  of  a  ton  of  coal  is  not 
the  same  in  July  as  In  Pehniar>'.  For  comparative  judg- 
ments or  estimations  of  effective  utilities  we  nae  the  tenn 
valuations.  Subjective  value  is  an  estimate  of  an  effective 
utility  that  is  still  prospective.  It  lenltt  from  a  com- 
parison of  different  utilities  and  different  oosta. 

Such  are  the  origins  of  subjective  utility,  coat  and  vahie. 
They  are  social  products.  We  can.  if  we  diooae,  atndy 
them  as  pure  abstractions,  ignoring  their  aociologioal  anteoe- 
denta.  But  we  cannot  set  up  a  pure  adenoe  of  utility  and 
say  that  it  b  logically  antecedent  to  a  adence  of  aodety. 

•  Wdt  Um  tadiBlMl  I 
•athor.  tmA  httbn  Um 


32  Annals  of  thk  American  Academy. 

Neither  can  we  hope  by  studying  utility  as  an  abstraction 
merely,  to  arrive  at  particularly  fruitful  conclusions.  Utility 
no  more  exists  apart  from  society  than  vitality  apart  from 
living  matter.  The  attempt  to  study  utility  independently 
has  been  like  the  attempt  of  mediaeval  physiologists  to  study 
vitality  as  a  principle  or  entity.* 

On  the  other  hand,  the  theory  of  utility,  with  its  concrete 
affiliations,  is  not  one  of  the  particular  social  sciences.  It  is 
antecedent  to  them  all.  It  is  not  only  the  basis  of  modern 
political  economy;  long  before  its  economic  importance  was 
perceived  it  was  made  by  Bentham  the  basis  of  political 
theory  and  of  jurisprudence.  Just  in  so  far  as  politics  and 
jurisprudence  are  analytical  and  deductive,  they  derive  their 
principles  from  the  theory  of  utility. 

The  theory  of  utility  therefore  is  not  an  independent  sci- 
ence.    It  is  an  integral  part  of  sociology. 

Nor  can  any  other  science  or  subdivision  of  science  that 
concerns  itself  with  social  phenomena  establish  against  soci- 
ology a  better  claim  to  precedence.  No  investigation  within 
these  fields  can  be  more  fundamental  than  a  study  of  conflict 
and  imitation,  toleration  and  alliance,  in  their  relations  to 
utility  and  value  and  to  each  other.  Dealing  with  these 
subjects,  vsociology  has  the  best  possible  right  to  describe 
itself  as  the  science  of  social  elements  and  first  principles. 

It  may  be  well  to  indicate  briefly  how,  if  this  view  of 
sociology  is  accepted,  the  sciences  of  political  economy, 
jurisprudence  and  politics,  at  once  assume  definite  relations 
toward  one  another  as  complementary  parts  of  that  detailed 
study  of  society  in  its  advanced  evolution,  upon  which  soci- 
ology does  not  enter. 

When  alliances  and  subjective  values  have  emerged  in 
conscious  experience,  the  individual  has  begun  to  react  pur- 
posively  upon  his  environment.  But,  also,  by  this  time  the 
communication  of  abstract  ideas  through  speech  has  begun. 

•  For  an  able  defence  of  a  different  doctrine  from  that  which  I  have  been  pre- 
senting in  the  foregoing  pages,  the  reader  should  consult  "  The  Failure  of  Biologic 
Sociology,"  by  Professor   Simon   N.   Patten   in   the  Annals  of  thb   AmerxcaM 

ACADEMY  OK   POUTICAX  AWD  SOCIAL  SCIENCK.  of  May,  1894.  Vol.  IV,  p.  9I9. 


I 


The  Provinck  of  Socioloot.  33 

The  language  of  imitative  signs  has  developed  into  con- 
ventionalized sounds,  coovesring  thought  as  well  as  feeling.* 
Ideas  and  purposes  may  now  he  ooosdously  shared  by  many 
individuals  simultaneously.  Knowledge  may  be  communi- 
cated to  an  entire  community,  and  handed  down  from  one 
generation  to  another  as  tradition.  The  community  as  a 
whole  may  consciously  direct  its  common  conduct.  It  may 
exercise  a  common  will. 

Among  the  concerns  that  will  engross  attention,  individual 
and  collective,  and  which  will  call  forth  consciously  pur- 
posive action,  will  be,  obviously,  the  objective  conditions  of 
utility,  as  effort  and  food;  the  practice  and  rules  of  tolera- 
tion; and  the  possibilities  of  alliance  on  a  large  scale,  with 
obedience-compelling  power,  for  protection  against  enemies 
without  and  violence  within. 

It  is  with  these  three  classes  of  interests,  respectively, 
that  the  sciences  of  political  eoooomy,  jurispnidence  and 
politics  have  to  do.  Political  eoonomy  ought  not  to  trouble 
itself  about  the  social  and  psychical  beginnings  of  utility. 
The  study  of  these  falls  within  •odology.  Political  econ- 
omy should  limit  itself  to  a  sdentific  nrnnlnatlon  of  the 
conscious  calculation  and  pursuit  of  utility  through  the 
development  and  use  of  objective  means,  within  the  condi- 
tions set  by  social  organization.  Jurisprndeaoe  has  no 
occasion  to  inquire  into  the  origins  of  toleration.  Sociology 
will  do  that.  Jurisprudence  should  study  the  oootcioiis 
development  and  formulatioo  of  tokntfioo  in  coftom  and 
positive  law,  in  rights  and  sanctions.  Politics  need  not  go 
back  to  the  unconscious  primitive  forms  of  alliance.  Soci- 
ology will  investigate  them.  Politics  has  a  6eld  quite  large 
enough  in  its  study  of  the  consdoot  application  of  principles 
of  utility  and  rules  of  custom  to  and  through  alliance,  on  a 
large  scale,  by  the  general  will,  and  with  obedience-com- 
pelling power. 

In  fimd  delimitation  of  the  province  of  sociology,  it  is  neces- 
sary to  show  its  differentiation  from  psydiology.    Whatever 

•  Vidt  loasat*. "  McBtal  WntMm  la  Mas."  Cteytcra  I-EL 


"34  Annai^  of  the  American  Academy. 

else  a  society  is,  it  is  a  phenomenon  of  conscious  asso- 
ciation, and  the  field  of  sociology  is  certainly  not  marked 
out  until  we  know  whether  there  is  any  reason  in  the  nature 
of  things  for  classif^dng  the  psychological  phenomena  of 
society  apart  from  those  of  individuals. 

Psychology  is  concerned  with  associations  and  dissociations 
of  the  elements  of  conscious  personality.  How  sensations 
are  associated  and  dissociated  in  perception;  how  perceptions 
are  associated  and  dissociated  in  imagination  and  in  thought; 
how  thought,  feeling  and  impulse  are  co-ordinated  in  that 
marvelous  composite,  the  individual  personality,  are  problems 
for  psychology  to  state,  and,  if  it  can,  to  solve.  But  the 
phenomena  of  conscious  association  do  not  end  with  the 
appearance  of  individual  personality.  They  are  then  only 
engendered.  Individual  personalities,  as  units,  become  the 
elements  of  that  vastly  more  extensive  and  intricate  associa- 
tion of  man  with  man  and  group  with  group  which  creates 
the  varied  relations  of  social  life.  Obviously,  the  individual 
and  the  social  phases  of  consciousness  are  most  intimately 
blended.  The  same  phenomena,  apparently,  are  the  subject- 
matter  of  two  different  sciences. 

To  some  extent  undoubtedly  they  are,  and,  as  every 
investigator  knows,  the  same  thing  is  true  throughout  the 
whole  realm  of  knowledge.  But  a  partial  and  sufficient 
distribution  can  nevertheless  be  made. 

According  to  accepted  views,  biology  and  psychology  are 
studies  of  life  as  influenced  by  environment.  In  biology  we 
study  an  adjustment  of  the  physical  changes  within  an 
organism  to  external  relations  that  are  comparatively  few, 
simple  and  constant.  In  psychology  we  study  an  adjustment 
of  the  conscious  changes  within  an  organism  to  external 
relations  of  wide  extent  in  time  and  space  and  of  the  utmost 
complexity.* 

For  a  time  possibly,  at  the  very  dawning  of  consciousness, 
the  environment  of  sentiency  is  physical  and  organic,  but 
not  social.      At  all   times,   certainly,  a  great  part  of  the 

•  Spencer,  "  Principles  of  Psychology,"  Vol.  I,  Chap.  VII,  §  54- 


Thb  Provincb  or  SocioijOCv.  55 


outward  world  to  which  consdotiancat  must  adapt  itael(  ia 
physical  and  organic,  rather  than  sodaL  ICoracnrer,  while 
social  conditions  are  complex  and  variable,  physical  ooodt- 
tions,  comparatively  simple,  are  constant  and  oniveraal.  It 
is  through  contact  with  them  that  permanent  aModatioQSof 
ideas  are  established,  and  that  the  mind  arrives  at  notiona 
of  cosmic  Uw.  P8ycholog>',  accordingly,  deals  with  phe- 
nomena that  are,  on  the  whole,  more  general  than  the  phe- 
nomena of  society,  and  it  Is.  therefine,  as  a  science,  precedent 
to  sociolog>'. 

Yet,  sooner  or  later,  social  environment  becomes  the  im- 
mediate environment,  a  medium  lying  between  conidoatnem 
and  external  nature.  Directly  adjustment  is  to  society, 
indirectly,  through  society,  it  is  to  the  wider  world  beyond. 
Society  has  become,  in  short,  a  q)ecial  and  most  Important 
part  of  the  "  outward  states.  * '  More  rapidly  and  thomighly 
than  any  other  part  of  the  environment  it  produces  fiivor- 
able  "mward  sUtes"  in  the  associated  Indhridnals.  It 
creates  the  capacit>'  for  pleasure,  the  power  of  abstract 
thought  and  of  speech,  sympathy  and  the  moral  nature 
Paydiology,  therefore,  in  explaining  these  developments  of 
mind,  must  take  account  of  sociological  pbeDomcna.*  Bnt 
its  direct  concern  is  with  mental  development  as  such;  it 
studies  80ciet>'  only  as  milieu,  whereas  sociology,  00  the  con- 
trary, is  interested  in  the  development  of  mind  as  a  product 
of  social  activtt>',  as  a  social  function,  and  as  an  evoltttion 
of  social  nature. 

But  now  at  length  mind,  social  nature,  begins  to  react 
on  society.  Consdoos  that  their  social  rdations  are  their 
most  important  means  of  defence,  soooor,  pliasuH  and 
development,  Indivldnals  endeavor  to  couicnre  and  perfect 
them.  Society  becomea  a  conadoudy  dieriahed  tiling,  and 
to  an  increasing  extent  a  product  of  consdons  planning. 
Out  of  thooglittandfecUagagrowtlioaeforaiaofi 

•  G€oq|«  BcMy  ttwM  ililM«4 
•ad  fUrtt  Um  pMt  playvd  bjr  dM 
•ckM^   S— "FwblwMofUfc— amai.**flwl 
Stody  of  TtyKhKAotyr  ^  7i 


36  Annals  of  the  American  Academy. 

that  are  deliberate  or  of  purpose.  More  and  more,  there- 
fore, social  activities  and  relations  come  to  be  outward  pro- 
ducts of  inward  states. 

It  is  here  that  we  find  the  broad  distinction  that,  for  pur- 
poses of  scientific  investigation,  and  therefore  for  a  classifica- 
tion of  the  sciences,  we  should  observe  between  a  study  of 
conscious  phenomena  that  is  properly  psychological  and  one 
that  is  properly  sociological.  In  both  biology  and  psychol- 
ogy we  regard  phenomena  within  the  organism  as  effects,  and 
relations  in  the  environment  as  causes.  The  moment  we 
turn  to  social  phenomena  we  discover  that  activities  within 
the  organism  have  become  conspicuous  as  causes.  They 
have  created  a  wonderful  structure  of  external  relationships, 
and  have  even  modified  the  fauna  and  flora  and  the  surface 
of  the  earth  within  their  environment.  The  progressive 
adjustment  between  internal  and  external  relations  has 
become  reciprocal.  Psychology  therefore  is  the  science  of 
mental  phenomena  as  caused,  partly  by  society  but  largely 
also  by  organic  and  physical  relations.  Philosophically 
speaking  it  is  a  highly  special,  differentiated  branch  of  biol- 
ogy. Sociology,  in  like  manner  is  a  special,  differentiated 
branch  of  psychology.  It  is  the  science  of  mental  pheno- 
mena as  a  social  product  and  function,  and  as  a  cause  react- 
ing on  the  outer  world  through  its  constructive  evolution  of 
the  social  medium. 


CHAPTER  III. 

THE  P&OBLRX5  OP  SOCIOLOGY. 

We  have  now  to  inquire  just  what  partictdar  inveHigatkxit 
or  problems  the  student  will  have  to  take  up  as  work  of 
detail  in  sociology  if  he  accepts  that  conception  of  the  science 
which  has  been  explained  and  defended  in  the  fioccgoing 
pages.  From  the  mere  fact  that  we  can  mark  the  boonda- 
ries  of  sociology  so  as  to  distinguish  it  from  other  depart- 
ments  of  scientific  inquiry,  it  does  not  foQow,  oeoeiiarily, 
that  within  the  territory  so  indosed  we  shall  find  that  multi- 
tude of  logically  related  subjects  of  research  which  make  up 
the  content  of  a  complete  sdenoe.  Are  the  social  elements 
and  first  principles  numerous  and  inteUectnaUy  fruitful? 
Are  our  would-be  inquiries  about  them  tangible,  and  of  the 
manageable  kind  ? 

Any  fear  that  the  detail  of  sociology  is  either  intangible  or 
unmanageable  will  disappear  on  examination.  Our  problems 
are  perfectly  definite.  Our  fects  and  inquiries  are  innumera- 
ble, they  admit  of  close  clitriflntkMi,  tad  a  scientific  investi- 
gation of  them  will  be  rewarded  with  large  additions  to 
knowledge. 

In  sociology,  as  in  psychology  and  biology,  it  is  impossible 
to  study  with  profit  the  general  questions  of  law  and  cause 
until  we  have  learned  much  about  the  concrete  and  partioilsr 
aspects  of  our  subject.  Before  we  generalitt  we  most  be 
fiuniliar  with  the  constituent  elements  of  our  phenomena, 
with  the  manner  of  their  action,  with  the  forms  that  they 
•Sinme  in  combination,  and  with  the  cooditiops  tmder  which 
the  combinations  occur.  It  is  good  sde&tific  method,  there- 
fore, to  group  our  problems  as  primary  and  seooodary.  In 
the  one  group  we  put  the  questions  about  sodal  Uiunuti, 
growth  and  stmctnre;  in  the  other  we  put  the  problems  of 
sodal  process,  law  and  cause. 

(J7) 


38  Annai^  of  the  American  Academy. 

In  the  primary  group  there  are  first  of  all  problems  of 
the  social  population.  These  include  problems  (i)  of 
aggregation,  (2)  of  association,  (3)  of  the  social  character 
of  the  population,  (4)  of  the  classes  into  which  population 
differentiates,  and(5)  of  its  co-operative  activity  or  mutual 
aid. 

Conflict  modified  by  toleration  and  the  consequent  emer- 
gence of  utility,  presuppose  an  actual  coming  together  of  the 
individual  elements  of  a  social  aggregate.  So  far  from  being 
a  simple  phenomenon,  however,  concourse  depends  very 
strictly  upon  definite  conditions,  and  it  assumes  a  variety  of 
forms,  which  are  related  to  each  other  in  curious  and  intimate 
ways  that  are  of  great  significance  for  social  theory.  Con- 
course runs  into  intercourse,  the  chief  aspect  of  which  is  the 
interchange  of  thought  and  feeling  by  means  of  language, 
and  the  chief  consequence  of  which  is  the  evolution  of  a 
nature  that  is  intellectually  and  morally  fitted  for  social  life. 
The  development  is  very  unequally  accomplished  in  different 
individuals,  and  we  get,  accordingly,  a  number  of  classes  in 
the  population.  These  are,  namely,  the  productive,  includ- 
ing directing  and  directed  workers,  and  the  unproductive, 
including  paupers  and  criminals.  We  get  also,  very  unequal 
capabilities  for  mutual  aid. 

Thus  the  influences  that  determine  the  aggregation  and 
the  intermingling  of  population-elements,  their  mutual  modi- 
fication and  resulting  characteristics,  their  differentiation 
and  their  co-operative  activities,  present  many  interesting 
points  for  study,  on  their  own  account,  and  in  their  relation 
to  other  features  of  the  social  system. 

Next  in  order  come  problems  of  the  social  consciousness, 
or  social  mind,  including  its  content  of  common  memories 
and  ideas,  its  aspirations  and  volition.  The  sociologist  will 
not  follow  these  into  the  details  of  archaeology,  mythology 
and  comparative  religion,  nor  into  those  of  law  and  institu- 
tions, in  all  of  which  the  social  mind  finds  expression.  But 
he  should  understand  the  make-up,  genesis  and  activity  of 
the  social  mind  itself. 


Tbb  PROButm  ov  Sociology.  59 

Following  these,  finally,  are  problems  of  the  social  struc- 
ttue.  In  the  varioosattcmpu  that  have  been  made  to  organize 
a  systematic  aodology,  the  problems  of  sodal  stmctnre,  or 
organization,  have  received  the  larger  share  of  attention. 
There  are  several  ambitions  works  that  deal  with  little  else. 
Much,  however,  remains  to  be  done,  not  only  in  minute 
examination,  but  in  the  broader  grouping  of  parts.  Many 
writers  mean  by  social  structure  the  ethnographic  grouping 
of  population  into  tribes  and  nations.  Others  ttnderstand 
by  the  term  the  organization  of  State  and  church  and  the 
innumerable  minor  associations  for  particular  purposes.  Both 
views  are  right,  within  their  range,  but  neither  is  complete. 
Social  structure  includes  both  ethnographic  grouping  and 
purposive  organization.  What,  then,  is  the  essential  differ- 
ence between  them;  and  does  the  one  in  any  way  limit  or 
determine  the  other  ? 

The  answer  is  that  the  social  mind,  acting  npon  ^>on- 
taneous.  unconscious,  or  sccidental  combinations  of  indi- 
viduals, evolves  two  different  forms  of  alliance,  which  may 
be  called,  respectively,  the  social  composition  and  the  aodal 
constitution. 

By  social  composition  is  to  be  undentood  a  combfaiatloo 
of  small  groups  into  a  larger  aggregate,  where  each  of  the 
smaller  groups  is  so  far  complete  as  a  social  organim  that, 
if  necessary,  it  could  lead  an  independent  liie  for  a  time. 
Family,  clan,  tribe  and  folk,  or  fiunily,  township,  common- 
wealth and  nation,  are  names  that  stand  for  both  elements 
and  stages  in  social  compodtioo. 

By  sodal  constitutioo,  on  the  other  hand,  is  to  be  nnder^ 
stood  a  differentiation  of  the  social  aggregate  into  mutually 
'lependent  classes  or  organizatioiis,  among  which  there  is  a 
division  of  labor. 

The  sodal  compodtion  is  like  the  compositkm  of  living  cdb 
into  a  large  organism.  The  sodal  cuuHitution  is  like  the  dif- 
ferentiation of  an  organism  into  ipedaHied  tiMOca  and  organs. 

Aggregation,  association,  and  resulting  changes  in  the 
character  and  sctivity  of  the  population,  are  the  fint  stage 


40  Annals  op  thb  American  Academy. 

in  a  synthesis  of  social  phenomena.  The  evolution  of  the 
social  mind  is  the  second  stage.  The  third  and  fourth  stages 
are  the  social  composition  and  the  social  constitution,  respec- 
tively. 

Roughly  corresponding  to  the  four  stages  of  synthesis  are 
four  stages  of  sequence. 

Most  of  the  forms  of  concourse,  intercourse  and  mutual 
aid  have  their  beginnings  in  animal  society.  By  means  of 
them  animal  life  is  developed  into  its  various  types.  This 
stage,  therefore,  may  be  characterized  as  zoogenic,  and  the 
study  of  it,  as  exhibited  in  animal  communities,  is  zoogenic 
sociology. 

The  development  of  the  social  mind  as  self-conscious,  and 
the  genesis  of  a  varied  tradition,  mark  the  transition  from 
animal  to  man.  It  is  the  anthropogenic  stage  of  association, 
and  its  investigation  is  anthropogenic  sociology. 

The  social  mind  acting  on  spontaneous  forms  of  alliance 
creates  the  family,  the  clan  and  the  tribe,  later  the  folk  and 
the  nation.  This  is  the  ethnogenic  stage,  and  to  it  corre- 
sponds ethnogenic  sociology. 

Finally,  the  integration  of  tribes  and  petty  nations  into 
territorial  and  national  States  makes  possible  a  high  utiUza- 
tion  of  resources,  a  rapid  multiplication  of  population,  a 
"wonderful  extension  of  the  division  of  labor,  a  magnificent 
development  of  the  social  constitution  and  a  democratic  evo- 
lution of  the  social  mind.  This,  then,  is  the  demogenic  stage 
of  social  evolution  and  its  study  is  demogenic  sociology. 

Such  are  the  primary  sociological  problems,  which  must 
be  thoroughly  worked  over  before  the  secondary  problems, 
more  complex,  and  in  every  respect  more  difficult,  can  be 
mastered.  Yet  the  secondary  problems  have  more  often  than 
otherwise  been  attacked  first,  without  the  slightest  perception 
of  their  scientific  relation  to  the  sort  of  inquiries  that  have 
just  now  been  outlined.  They  are  more  momentous,  and 
involve  a  relatively  large  proportion  of  pure  theory.  On 
this  account,  perhaps,  they  have  received  the  larger  share  of 
attention. 


Tbm  Problsms  of  SoaoLOGY.  41 

First  among  them  are  problems  of  pcogreia.  A  survey  of 
aodal  growth  and  atructiire  will  probably  have  convixuxd  the 
investigator  who  has  oompleted  it  of  the  reality  of  social 
evolution.  But  whether  evolution  is  in  any  sense  a  progress, 
and,  if  it  is,  then  in  what  sense,  are  qoMtioos  remaining  to 
be  answered.  The  idea  of  progiiM  has  to  be  »»«ttt<«jiH 
What  does  the  word  legitimately  mean  ?  If  it  has  a  ratiooal 
meaning,  are  there  any  fiicts  and  generalisatkmt,  diicloacd 
by  sociology,  that  correspond  to  the  idea  ?  If  this  qocatioo^ 
again,  is  affirmatively  answered,  we  must  go  on  to  look  into 
the  nature  of  progress.  Can  we  resolve  it  into  simpler 
terms  and,  in  so  far,  explain  it  ? 

If  in  the  course  of  such  inquiries  we  are  led  to  affirm  the 
reality  of  progress,  we  shall  inevitably  find  that  it  involves 
some  continuing  change  in  the  magnitude  of  the  psychical 
factor  in  society,  and  of  its  relative  importance,  as  compared 
with  the  physical  factor,  in  the  forward  social  movement 
We  shall  find  ourselves,  accordingly,  obliged  next  to 
examine  the  social  process.  By  this  term  we  must  be  care- 
ful to  understand  not  the  successt\'e  phases  of  social  growth 
or  e\'olution,  which  present  primary  problems  of  sociology, 
but  rather  the  process  itself,  from  which  the  phases  of  evo- 
lution result.  The  problems  of  social  process  are  coooemed 
with  successive  steps  in  the  interaction  of  physical  and  con- 
scious forces.  They  involve  a  study  of  the  natture  and 
forms  of  volitional  association,  and  of  its  reactions  upon 
social  character  and  activity. 

Obviously  the  sociologist  has  come  by  this  time  lo  prob- 
lems of  law  and  cause.  The  qnestioo  over  which  cootro- 
^'ersy  has  so  long  been  waged,  whether  there  are  any  true 
natural  or  cosmic  laws  of  social  phsnomina,  cumot  be 
avoided,  but  it  is  not  to  be  answcrsd  by  mere  trgiiment 
about  the  possibility  or  impossibility  of  law  in  the  world  of 
ooosdona  Iraman  affidrs.  It  most  be  owt  by  ahowinf  that 
sodal  Unvs  exist,  and  by  demonstrating  their  opcratioo. 
The  law  of  social  chokes  which,  I  have  claimed,  is  one  of  the 
sociologist's  main  quests,  must  be  formulated,  and  likewise 


42  Annai^  of  the  American  Academy. 

the  law  of  social  survivals.  When  this  has  been  done, 
attention  must  be  given  to  the  further  questions  of  cause. 
Volition  having  been  recognized  as  one  cause  of  social 
changes,  the  sociologist  must  decide  whether  he  should  regard 
it  as  an  independent,  original  cause,  or  as  secondary  and 
derived.  He  must  decide,  further,  whether  or  not  he  finds 
in  physical  nature  the  sole  original  source  of  social  energy. 
After  all  these  studies  have  been  made,  and  not  before, 
will  the  sociologist  be  qualified  to  deal  with  those  final  ques- 
tions that  have  been  placed  so  often  at  the  very  beginning 
of  sociological  exposition.  What  is  a  society?  Is  it  an 
organism?  Or  is  it  organic  and  something  more?  Is  it 
essentially  a  physical  thing,  or  is  it  a  complex  of  psychical 
relations  ?  Has  it  a  function  or  purpose,  has  it  an  intelli- 
gible destiny  or  end  ?  In  answers  to  questions  like  these,  if 
answers  can  be  made  that  will  carry  weight  because  derived 
from  a  patient  examination  of  all  the  data  and  of  all  possible 
hypotheses,  will  be  found  the  true  scientific  conception  of 
society  and,  as  well,  the  rational  social  ideal. 


I 


CHAPTER  IV. 

TBB  PRIMARY  PROBUSMS:   SOaAL  GROWTH  AKD  STRUCTURB. 

Within  that  brood  grouping  of  animal  apedes,  which  ta 
known  as  geographical  distribution,  there  ia  a  minor  group- 
ing of  animals  into  swarms,  herds  or  bands,  and  of  human 
population  into  hordes,  dana,  tribes  and  nations.  It  is  to 
such  comparatively  definite  groopa  that  we  apply  the  term 
society  or  the  term  community. 

That  animals  generally  as  well  as  men  do  thus  live  in 
aggregations,  rather  than  in  separation  aa  isolated  indi- 
viduals or  as  simple  families,  may  be  a  consequence  of  either 
of  two  circumstances,  or  of  both  together.  The  band  or 
horde  may  be  made  up  of  those  deacendanta  of  a  single  indi- 
vidual, pair,  or  family,  which  have  not  yet  separated.  Or  it 
may  have  assembled  from  many  quarters  near  and  far,  an 
aggregation  at  first  of  strangers,  drawn  or  driven  together 
by  some  powerful  attraction  or  preiiure.  For  many  cen- 
turies the  first  of  these  two  poasibilitics  found  expression  in 
political  philooophy  in  the  patriarchal  theory.  The  aecond 
might  have  been  made  the  basis  of  the  doctrine  of  the  social 
contract,  but  was  not  Neither  Hobbea,  nor  Locke,  nor 
Rousseau  seems  to  have  doubted  that  the  '*  state  of  nature  *' 
in  which  men  were  presumed  to  have  lived  before  political 
covenants  were  thought  of,  was  an  abiding  in  propinquity, 
though  not  in  love,  of  the  descendants  of  a  first  £ither. 
Nor  has  social  theory  in  later  years  been  mocfa  diipoacd  to 
question  the  snflfirienry  of  a  genealogical  explanatioii  of 
social  origins.  This  is  not  remarkable.  The  tribes  and 
latioot  of  men  have  commonly  accoonted  fcr  their  own 
>egiiiiiing8  in  that  way.  The  myth  of  the  ancient  omni- 
presence of  the  patriarchal  fiimily  has  been  dissolved,  to  be 
snre,  by  the  discoveries  of  Dachofcn,  ICdcfan,  McLennan 
and  others,  but  for  the  pnipoies  of  a  gcactlogical  aoooont 
r  society,  a  first  ancestress,  or  a  feminine  clan,  is  quite  as 
good  as  a  first  father. 

(43) 


44  Annals  of  the;  American  Academy. 

Yet  the  sociologist  has  but  to  look  about  him  to  see  that  ^ 
a  community  often  begins  as  an  aggregation  of  strangers. 
The  commonwealth  of  California,  for  example,  does  not 
revere  a  progenitor,  male  or  female.  It  has  been  too  hastily 
assumed  that  the  sort  of  social  genesis  which  has  been  wit- 
nessed in  our  Western  States  since  the  first  great  waves  of 
migration  swept  over  the  AUeghanies,  and  been  witnessed 
later  in  the  European  colonies  of  Africa  and  Australia,  is 
something  peculiarly  modern.  Probably  it  is  on  the  contrary 
more  ancient  than  man  himself,  for  it  is  certainly  not 
peculiar  to  human  communities  in  contrast  to  animal  bands. 
The  forces  that  distributed  a  white  population  over  the  Mis- 
sissippi valley  were  essentially  the  same  that  had  been  at  work 
for  unnumbered  ages  upon  the  teeming  animal  life  of  its 
mighty  forests  and  prairies.  The  pioneer  hunters  found  broad 
roads  through  the  wilderness,  worn  by  countless  generations 
of  bison.  At  the  salt  licks  they  saw  the  ground  about  them 
so  trodden  by  herds  of  bison,  elk,  deer  and  wolves,  that 
"  there  was  not  as  much  grass  left  as  would  feed  a  sheep," 
and  ' '  the  game  trails  were  like  streets  or  the  beaten  roads 
round  a  city."  *  They  observed  the  black  and  gray  squir- 
rels gathering  in  immense  companies  to  migrate  over  mount- 
ain and  river,  and  saw  clouds  of  pigeons  "  that  hid  the  sun 
and  broke  down  the  branches  on  their  roosting  grounds  as 
if  a  whirlwind  had  passed,  "f 

Kxternal  physical  conditions  were  the  causes  of  social 
aggregation  in  these  instances,  as  in  the  Euroi)ean  settle- 
ment of  this  continent.  Nor  is  there  reason  to  doubt  that 
they  have  been  original  causes  of  aggregation  since  con- 
scious life  iK'gan  in  the  world.  Both  animals  and  men, 
whether  kindred  or  strangers  at  the  outset,  come  together 
and  dwell  together  wliere  the  food  supply  exists.  Other 
I)]iysical  circumstances  of  the  environment,  as  temperature 
and  exposure,  surface  and  altitude,  always  exert  an  influence 
nut  to  be  overlcjoked.      In  that  swarming  of  men  westward 

•  Ti--  Hl.,re  Ko-jSL-vclt,  "  The  Wiuuing  of  the  Wc-at,"  Vol.  I,  p.  156. 


Social  Growth  akd  Structuxs.  45 

which  has  borne  the  centre  of  popalatko  finom  a  point  east 
of  Baltimore  in  1790  to  a  point  midway  between  Cincinnati 
and  Indianapolis  in  1890  there  has  been  no  indiscriminate 
scattering.  Certain  centres  of  attraction  have  dominated  the 
movement.  On  a  magnificent  scale  it  has  bat  repeated  what 
occurred  in  the  Nile  valley  and  in  Babylonia  at  the  dawning 
of  civilization.  What  occurred  there,  again,  was  bat  a  re- 
fined form  of  such  htmian  concourse  as  the  travder  witneaaca 
in  northwestern  Australia  when  a  dead  whale  is  cast  upon  the 
sea  shore  and  signal  fires  bring  together  firom  every  direction 
the  half-starved  bands  for  an  unwonted  feast*  Finally, 
the  savage  congregation,  in  its  turn,  has  its  prototype  in  the 
formation  of  enonnooa  bands  of  sea  creatures,  like  pol>'cis- 
tines,  medusas,  ctenophores,  nautilli  and  moOascs,  by  the 
temperature  of  the  water,  the  direction  of  the  ctirrents,  and 
the  abundance  of  their  aliments,  t 

That  the  resources  and  other  drcnmslances  of  the  phjnical 
environment  must  be  regarded  as  the  true  cause  of  social 
aggregation,  notwithstanding  the  scientific  place  so  long 
held  by  genealogical  relationship,  is  plainly  shown  by  a 
single  consideration.  A  bountiful  environment  may  bring 
together  entire  strangers  or  it  may  hold  together  a  body  of 
kinsmen;  but  no  body  of  kinsmen,  however  itroog  the  tics 
of  relationship  may  be,  can  hold  together  and  grow  into  a 
iociety,  if  the  phsrsical  enviromnent  is  mifinrorable. 

The  subject  may  be  presented  now  in  another  light  An 
assembling  of  individuals  without  regard  to  blood-relation- 
ship, and  on  aocoant  of  some  preasore  or  advantage,  we  may 
caU  congregate  association.  The  association  of  descendants 
of  a  sfai^  ancestor  or  family  may  be  called  genetic  associa- 
tion. Using  these  convenient  terms,  we  can  state  without 
farther  preliminary  an  dementar>*  inductive  truth  of  sociol- 
ogy, namely:  mugregate  and  genetic  association  most 
develop  together.  Neither  form  can  kmg  be  maintained 
without  running  into  the  other. 


46  Annai3  of  the  American  Academy. 

Let  aggregation  have  begun  in  either  way,  as  a  concourse 
of  individuals  originally  strangers,  or  by  the  multiplication 
of  descendants  of  a  single  family.  The  energy  evolved 
within  the  group  from  its  consumption  of  food  will  be  ex- 
pended in  three  chief  ways,  namely:  maintaining  the  food 
supply ,  locomotion ,  and  procreation .  The  latter  two  expendi- 
tures depend  on  a  surplus  of  energy  above  the  amount  neces- 
sary to  maintain  individual  life  in  a  given  place.  Movement 
limits  association  by  dispersion  and  variation.  Individuals, 
families  or  bands  detach  themselves  from  the  parent  group 
and  form  new  alliances.  The  student  of  sociology  should 
get  a  firm  grasp  of  this  fact,  that  detachment  and  migration  are 
as  common  and  as  inevitable  effects  of  an  increase  of  animal 
energy  in  social  groups  as  are  procreation  and  the  increase 
of  numbers.  Every  group,  therefore,  loses  members  that 
were  bom  within  it,  and  acquires  members  that  were  bom 
elsewhere.  At  the  same  time,  every  group  that  is  more  than 
a  very  brief  congregation  and  in  which  both  sexes  are  in- 
cluded, is  perpetuated  in  part  by  its  birth-rate.  Normally, 
therefore,  a  social  aggregation  is  a  product  of  both  congre- 
gate and  genetic  association. 

We  are  in  sight  now  of  a  true  conception  of  natural  so- 
ciety. An  enlarged  family,  including  no  adopted  members, 
is  not  properly  to  be  called  a  society.  Neither  is  a  tempo- 
rary association  of  unrelated  individuals.  In  the  true  society 
we  may  expect  to  find  always  a  composition  of  the  popula- 
tion, and,  at  the  same  time,  a  self-perpetuating  power.  The 
United  States  has  received  since  1820,  15,427,657  immi- 
grants, drawn  hither  from  England,  Ireland,  Scotland,  Ger- 
many, Norway  and  Sweden,  Italy  and  other  countries,  by 
the  life-opportunities  that  are  here  offered.  The  resulting 
heterogeneity  of  population  is  a  conspicuous  example  of 
what  I  would  call  the  demotic  composition.  The  same 
phenomenon  of  intermixture,  though  on  a  smaller  scale,  has 
entered  into  the  evolution  of  every  society  that  has  existed. 
Such  a  thing  as  a  purely  homogeneous  population  was  never 
known.      And  yet,   by  far  the  larger  proportion  of  our 


Social  Growth  and  Structcek.  47 

63,000,000  persons  have  been  born  within  our  territorial 
limits.  By  far  the  s^reater  proportion  of  them  have  in  their 
veins  some  admixture,  at  kaut,  of  the  blood  of  the  colonists 
and  of  those  Europeans  who  came  to  America  before  1821. 
In  like  manner,  while  there  is  an  increasing  mobility  of  popu- 
lation from  State  to  State,  from  country  to  city  and  from 
town  to  town,  each  local  commtmit>'  is  perpetuated  mainly 
by  its  own  birth-rate.  The  same  thing  is  true  of  other  coun- 
tries. It  is  true  of  barbarous  and  savage  tribes  and  of 
animal  herds.  Such  self-perpetuation  of  a  sodccy  we  may 
call  autogeny.  A  true  natural  society  then  has  a  demoCk 
composition,  but  it  is  at  the  same  time  autogenous. 

So  much  for  the  conditions  and  forms  of  social  aggregA 
tion.    True  association,  I  have  argued,  is  nomrlhing  more 
It  is  a  psychical  activity,  beginning  in  mggetticm  and  imita 
tion  and  developing  into  mutual  8>'mpathy  and  comprehen 
sion.    These  latter,  obviously,  cotild  not  grow  out  of  any 
thing  so  purely  negative  as  that  self-limitation  of  conflict 
which  brings  about  a  state  of  toleration.     Neither  do  they 
emerge  necessarily  from  mere  aggregation.    Their  begin- 
nings must  be  sought  in  relations  of  activity  that  are  char- 
acteristically social  and  yet  so  pleasurable  that  a  powerful 
stimnlation  of  ptu^y   individual    gratifications  wotild  be 
necessary  to  overcome  the  cotmter  attraction  of  the  social 
excitement. 

It  is  hi  activities  hitherto  but  little  studied  that  the  generis 
of  social  pleasure,  and,  through  social  pleasure,  of  the  higher 
forms  of  association,  is  to  be  tinderstood.  When  the  group, 
however  it  has  originated,  holds  together  for  snooeitiTe  gene- 
rations, the  modes  of  expenditure  of  energy  are  multiplied. 
In  both  adults  and  young,  but  to  a  much  greater  extent 
in  the  yoang,  ezpenditnie  takes  the  form  of  play.  Festivity, 
or  the  combination  of  amusement  with  the  gratification  of 
appetite,  comes  later,  and  is  perhaps  enjoyed  more  often 
by  adults.  In  play  and  fiestivity.  which  are  at  first  the 
spontaneous  overflow  of  aofplns  energies,  there  come  into 
existence  tme  social  forces,  products  of  a  social  condition. 


48  Annaxs  of  the  American  Academy. 

which,  in  turn,  contribute  to  the  evolution  of  a  higher  social 
condition;  which  are  powerful  enough  to  mould  individual 
nature;  which  begin  to  operate  on  the  individual  at  the  most 
impressionable  age,  and  which  continue  to  act  long  enough 
to  accomplish  permanent  results.  Play  has  been  the  chief 
educational  agency  in  animal  communities.  Young  birds 
bom  and  reared  within  each  other's  sight  and  hearing,  and 
many  kinds  of  young  mammals,  spend  literally  all  their  days 
until  maturity  in  ceaseless  frolics,  often  so  ingenious  in  their 
forms  as  to  captivate  the  human  beholder.  It  is  in  these 
social  pleasures  that  the  social  instinct  is  strengthened,  and 
that  the  art  of  living  in  community  is  acquired.  In  like 
manner,  among  human  beings,  it  is  in  the  play-day  of  child- 
hood that  social  sympathy,  a  social  sense,  a  social  habit,  are 
evolved.  Later,  periodical  festivities  and  more  or  less 
elaborate  amusements  become  important  supplementary 
means  of  social  education.  Take  out  of  savage  life  its 
feasts  and  dances,  and  the  remaining  social  activity  would 
be  slight  indeed.  Our  Western  settlements  became  com- 
munities when  they  began  to  fiddle.*  If  the  heterogeneous 
masses  of  population  in  the  tenement  house  wards  of  our 
great  cities  are  ever  socially  organized,  it  will  be  after  they 
have  been  brought  under  the  power  of  social  pleasure. 

Festivity  was  probably  the  parent  of  speech,  f  as- at  a  later 
time  it  was  the  parent  of  literature.  The  most  constant 
elements  of  festal  celebrations  are  bodily  play  movements  in 
imitation  of  actions,  rhythmic  beating,  and  some  approach 
to  song.     Under  the  mental  exaltation  of  such  occasions, 

•  •*  A  few  of  the  settlers  still  kept  some  of  the  Presbyterian  austerity  of  char- 
acter as  regards  amusements;  but,  as  a  rule,  they  were  fond  of  horse-racing, 
drinking,  dancing  and  fiddling.  The  corn-shuckings,  flax-pullings,  log-rollings 
(when  the  felled  timber  was  rolled  off  the  clearings),  house-raisings,  maplc- 
sugar-boilings,  and  the  like  were  scenes  of  boisterous  and  light-hearted  merriment, 
to  which  the  whole  neighborhood  came,  for  it  was  accounted  an  insult  if  a  man 
was  not  asked  in  to  help  on  such  occasions,  and  none  but  a  base  churl  would  refuse 
his  assistance.  The  backwoods  people  had  to  front  peril  and  hardship  without 
stint,  and  they  loved  for  the  moment  to  leap  out  of  the  bounds  of  their  narrow 
lives  and  taste  the  coarse  pleasures  that  are  always  dear  to  a  strong,  simple  and 
primitive  race."— Roosevelt,  "  The  Winning  of  the  West,"  Vol,  I,  p.  176. 

t  J.  Donovan,  "The  Festal  Origin  of  Human  Speech,"  Mind,  October,  1891, 
P-499- 


4 


I 


Social  Gbowtb  akd  Stbuctuui.  49 

if  ever,  the  aasodation  of  vocal  totuidt  with  actkmi  and 
things  would  be  cftabliabed  and  ooovcntioiuliicd  failo  iigni, 
thereby  making  poHible  the  perfect  ooaunmiieatkMi  of 
thought  and  feeling  through  which  the  higher  modes  of 
aiwciation  are  maintained. 

Social  pleasure,  then,  is  the  foundation  of  association  in 
its  higher  forms,  and  association,  with  the  aid  of  the  stimu- 
lus pleasure,  acts  on  the  mental  and  moial  nmtmes  of  isdi- 
vidnals,  moulding  them  into  •  more  perfiKi  adiqiCatioo  'to 
sodal  life.  The  social  nature  regarded  as  s  product  of  past 
assodatioo  and  as  a  canse  working  in  the  foitber  develop- 
ment of  society  ahoald  be  studied  by  the  sodolegiit  wMi 
reference  to  the  following  essential  traits: 

The  true  social  nature  is  first  of  all  one  that  has  become 
so  fer  sosceptible  to  snggestkm  and  so  fer  imitative  in 
respect  of  all  matters  of  material  well-being  (in  which,  as 
was  shown  in  a  previous  chapter,  suggestion  and  imitation 
first  come  into  effect)  that  it  will  desire  and  endeavor  to  live 
as  wdl,  at  least,  as  the  average,  (airly  mrrffnl.  fiuriy  well- 
to-do  members  of  the  community.  The  desire  to  enjoy  what 
others  enjoy,  and  the  imitative  tendency  to  act  as  others  act, 
will  tDgether  be  strong  enough  to  overcome  IttiscMk  as  mtidi» 
St  least,  as  it  is  overeome  hi  the  average  cast,  and  will  lead 
the  individtial  whose  nature  is  social  to  follow  up  his  mate- 
rial interest  as  diligently  as  most  other  indivktaala  foQow  up 
their  interests.  This  is  the  basts  of  what  fconomiits  call  a 
standard  of  living.  It  is  the  fotmdation  of  wealth  and  of  all 
sodal  as  of  all  individual  advaaccMMBt 

A  second  trait  of  the  sodal  nature,  of  cootk,  te  a  aofi- 
cient  degree  of  that  tolerance,  of  which  so  much  has  been 
said  already,  to  restrain  the  tndividnal  fimn  active  iotarfer- 
ence  with  his  feUows  hi  their  hfe-stmggle.  It  is  only  after 
the  practice  of  toleration  has  become  confirmed  and  certain 
corresponding  tastes  have  been  established,  that  the  tolerant 
nature  can  be  said  to  exist  The  members  of  the  commu- 
nity must  have  gotten  beyond  the  first  discovery  that,  aAer 
the  exceptionally  weak  have  been  kUled  off  by  the  strong. 


50  AnnaIvS  of  the  American  Academy. 


and  the  exceptionally  strong  killed  off  by  their  own  rashness 
or  by  a  mutual  resistance  of  individuals  of  average  power, 
further  conflict,  among  individuals  nearly  equal  in  strength, 
is  useless.  They  must  have  lost  the  appetite  for  each  other's 
flesh,  and  have  become  satisfied  with  kinds  of  food  and  other 
material  means  of  life  that  are  sufficiently  abundant  to  meet 
the  requirements  of  the  whole  society.  Antagonism  within 
the  community  can  disappear  only  as  fast  as  tastes  that  are 
exclusive  make  way  for  tastes  that  can  be  enjoyed  by  many, 
a  Jtruth  Jwhich  the  sociologist  can  cordially  recommend  to 
those  social  reformers  who  expect  to  make  the  world  better 
by  rearrangements  of  industry  irrespective  of  human  desires. 
Still  other  changes  in  consciousness  are  necessary  before  the 
tolerant  nature  is  perfect.  Toleration  must  be  not  only  endur- 
able but  agreeable.  There  must  be  a  growth  of  association 
of  presence  as  an  habitual  phase  of  feeling.  There  must  be 
a  feeling  of  pleasure  in  the  mere  presence  of  a  fellow- 
creature. 

Remaining  traits  of  the  social  nature,  quite  as  essential  to 
social  as  to  individual  conduct  of  an  advanced  type,  are  the 
intellectual  powers  of  attention,  generalization,  abstract 
thought  and  invention,  and  the  moral  qualities  of  love  of 
approbation,  sympathy,  fortitude,  courage,  truthfulness  and 
good  faith.  I  shall  not  take  the  space  here  to  demonstrate 
the  social  origin,  or  to  point  out  the  social  functions,  of  all 
these  qualities  and  powers.  Spencer,  in  Part  VIII,  of  the 
*'  Principles  of  Psychology,"  and  Lewes  in  his  "Problems 
of  lyife  and  Mind,"  have  presented  such  demonstrations  at 
length,  but  no  one  has  ever  gone  more  directly  to  the  heart 
of  the  matter  than  Adam  Smith  in  *'  The  Theory  of  Moral 
Sentiments. "  '  *  As  nature  teaches  the  spectators  to  assume 
the  circumstances  of  the  person  principally  concerned," 
wrote  Smith,  "  so  she  teaches  this  last  in  some  measure  to 
assume  those  of  the  spectators. ' '  On  these  two  efforts  (that 
of  the  spectators  to  enter  into  the  feelings  of  the  principal 
and  that  of  the  principal  to  enter  into  the  feelings  of  the 
spectators)  are  founded  two  sets  of  virtues,   one  the  soft, 


H 


Social  Orowtb  akd  Structurb.  51 

gentle  and  humane,  the  other  the  great,  the  awful,  the  respec- 
table— virtues  of  self-denial  and  self-govcnunent* 

The  mental  and  monl  results  of  stsodation,  and  certain 
physical  changes  which  result  from  social  conditions  and 
contribute  to  social  success,  are  by  no  means  shared  equally, 
however,  by  all  individuals.  It  is  impossible  that  all  should 
participate  equally  in  improved  nutrition,  or  that  all  should 
have  an  equally  good  hoedity.  The  processes  of  selection 
go  on  by  reason  of  these  differences.  Quite  as  impossible  is 
it  that  all  should  share  equally  in  the  mental  growth  and 
moral  modification  that  takes  place.  Inequality,  therefore, 
in  physical,  mental  and  moral  power,  and  varieties  of 'dispo- 
sition, are  among  the  inevitable  rharactmstics  of  a  social 
population. 

All  such  inequalities  and  variations  will  be  manifested  in 
the  relations  which  the  unequally  endowed  indi\'iduals  of 
the  same  aggregation  will  maintain  toward  the  facts  of  sub- 
sistence and  toward  each  other.  In  the  same  group  there 
will  be  different  standards  of  living,  different  degrees  of  tol- 
eration and  of  mutual  good- will,  different  degrees  of  ability 
and,  corresponding  to  these  things,  different  types  of  char- 
acter. Individuals  of  the  true  social  type  will  exhibit  the  sort 
ofdedresanddiqxsaitionsthat  are  compatible  with  an  ex- 
panding social  life;  that  is  to  say,  a  tasle  for  easily  appro- 
priable food,  a  disposition  to  sedL  it  with  system  and  diligence, 
and  tolerant  and  sympathetic  feelings.  They  win  have  also 
the  physical,  intellectual  and  moral  ability  to  live  as  their 
social  nature  prompts.  The  other  t>'pes,  lacking  in  some  or 
all  of  these  endowments,  will  be  more  or  less  antisocial, 
unsocial  or  defectively  social.  The  social  t)'pe  depen<ls 
necessarily  and  naturally  upon  the  original  and  inexhans- 
tible  source  of  sniMistence,  namely,  the  vegetable  and 
animal  life  of  other  spedea.  The  antisocial  and  imsocial 
types  are  criminal  and  pauper  respectively.  By  means  of 
theft  and  beggary  they  depend  on  secondary  aourcea  of  sub- 
sistence, namely,  the  supplies  obtained  from  nature,  through 


52  Annals  of  the  American  Academy. 

diligent  industry,  by  the  social  part  of  the  population.  The 
defectively  social  type  has  the  social  disposition  in  a  meas- 
ure, or  perhaps  in  a  high  degree,  but  it  lacks  ability.  It 
would  be  glad  to  adapt  itself  to  social  conditions,  but  never 
fully  succeeds  in  doing  so.  Accordingly  this  type,  too,  is 
partly  or  wholly  dependent  on  the  secondary  sources  of  sub- 
sistence. 

Out  of  these  types  are  developed  great  population-classes 
as  soon  as  the  secondary  source  of  subsistence  is  sufficient 
and  permanent,  in  other  words,  as  soon  as  the  society  has 
surplus  food  and  clothing — in  brief,  wealth.  Animal  societies 
have  criminal  members.  They  have  also  their  pauper  indi- 
viduals, following  the  band  in  its  food  quests,  but  living  on 
the  fragments  and  leavings  of  the  prey  or  vegetation  that 
the  stronger  majority  capture  or  discover;  but  they  have  no 
pauper  class,  as  human  societies  have,  because  surplus  food 
in  the  former  is  too  inadequate  in  amount  and  the  conditions 
of  life  in  general  are  too  severe  for  pauper  endurance. 

As  social  aggregation  begins  where  natural  supplies  of 
food  are  found,  so  criminal  and  pauper  aggregation  begin 
and  continue  where  the  artificial  surplus  supply  is  accumu- 
lated. I  have  already  illustrated  several  phases  of  social 
genesis  by  examples  drawn  from  the  settlement  of  the 
Western  States,  and  I  may  as  well  illustrate  this  one  by 
another.  "The  frontier,"  says  Roosevelt,  "in  spite  of  the 
outward  imiformity  of  means  and  manners  is  pre-eminently 
the  place  of  sharp  contrasts.  The  two  extremes  of  society, 
the  strongest,  best  and  most  adventurous,  and  the  weakest, 
most  shiftless  and  vicious,  are  those  which  seem  naturally 
to  drift  to  the  border.  Most  of  the  men  who  came  to  the 
backwoods  to  hew  out  homes  and  rear  families  were  stem, 
manly  and  honest;  but  there  was  also  a  large  influx  of 
people  drawn  from  the  worst  immigrants  that  perhaps  ever 
were  brought  to  America — ^the  mass  of  convict  servants, 
redemptioners  and  the  like,  who  formed  such  an  excessively 
undesirable  substratum  to  the  otherwise  excellent  population 
of  the  tide-water  regions  in  Virginia  and  the   Carolinas. 


^ 


Social  Growth  and  STRUcruut.  55 

Many  of  the  Southern  cncken  or  poor  whites  spring  from 
this  daas,  which  also  in  the  hackwoods  gave  birth  to  gene- 
rations  of  violent  and  hardened  criminals,  and  to  an  even 
greater  number  of  shiftless,  lazy,  cowardly  cumberefs  of 
the  earth's  sur&ce.  They  had  in  many  plaoca  ft  pcnaa* 
nently  bad  effect  upon  the  tone  of  the  whole  comflraaity. 
.      .  In  the  backwoods  the  lawless  led  lives  of 

abandotied  wickedness;  they  hated  good  for  good*a  sake, 
and  did  thair  ntmost  to  destroy  it  Where  the  bad  dement 
was  large,  gangs  of  hone  thieves,  highwaymen  and  other 
criminals  often  united  with  the  tmcontrollable  young  men 
of  vidous  tastes  who  were  given  to  gambling.  6ghting  and 
the  like.  They  then  formed  half-secret  organizations,  often 
of  great  extent  and  with  wide  mmificatkms,  and  if  they 
could  control  a  community  they  eatabttdwd  ft  reign  of  ter- 
ror,  driving  out  both  ministers  and  magistrates,  and  killing 
without  scruple  those  who  interfered  with  them."  * 

At  the  present  time  the  great  centres  of  seooodaiy  sooxoei 
of  subsistence  are  the  dtics,  and  it  is  there  that  the  aggrega- 
tion of  pauper  and  criminal  population  is  going  00  most 
rapidly.  From  the  city  of  New  York  there  were  ooovktod 
in  the  courts  during  the  year  ending  October  31.  ift9a.  no 
less  than  45.777  criminab  and  misdemeanants.  The  same 
dty,  with  a  population,  in  1890,  of  1,515.501  (as  given  by 
the  Federal  censos),  reUe%'ed  in  that  year  through  its  muntd- 
pal  outdoor  poor  department,  not  to  mention  private  charity, 
35.212  adtilts  and  1324  children,  and  provided  8340  fcmHifS 
with  coal.  The  same  department  buried  2042  paupen. 
Thealmshooaeat  BladiweQs*  island  inthecooneof  theycar 
cared  fcr  5337  indoor  paupers. 

Not  an  the  people  rdieved  by  diarity  in  our  OMxIeni  citict 
and  elsewhere  are  paupers,  however.  Many  of  them  bekmg 
in  a  third  class,  dcvetoped,  with  increasing  wealth  to  anppoct 
it.  and  an  increadag  population  to  recruit  it.  out  of  the  third 
type  that  waa  mentfcmed,  namely,  the  defectively  social. 
In  animal  communities  and  in  a  primitive  state  of  human 

•  KuoMxa.  **  Tlw  Wte«li«  of  tkt  WiMl.**  p^  t|»>tft. 


54  Annai^  of  the  American  Academy. 

society,  the  well-meaning  but  unsuccessful  fare  no  better 
than  the  would-be  paupers.  In  modem  society  they  can 
survive  and  increase  because  of  an  abundance  which  they 
can  share.  Like  paupers  and  criminals,  therefore,  they 
naturally  congregate  in  great  cities.  Their  defects  are  of 
every  imaginable  kind,  physical,  mental  and  moral,  but 
they  may  be  roughly  grouped  into  three  sub-classes,  namely: 
First,  those  whose  ancestors  came  so  little  under  the  disci- 
pline of  social  life,  and  who  themselves  have  had  so  little 
opportunity,  that  they  are  nearly  destitute  of  natural  or 
acquired  ability  to  look  after  their  own  well-being.  They 
are  willing  to  work,  but  must  always  be  aided.  Second, 
those  who  get  on  fairly  well  until  displaced  by  some  evolu- 
tionary change  in  the  social  system,  but  find  themselves 
quite  witless  and  powerless  to  adapt  themselves  to  a  new 
order  of  things.  Third,  those  who  are  unable  to  endure 
the  strain  of  emulation  to  maintain  a  high  standard  of 
living,  and,  in  one  or  another  way,  drop  out  of  the  con- 
test. 

In  the  study  of  the  genesis  of  the  population-classes  we 
have  the  key  to  the  scientific  arrangement  of  those  most 
interesting  questions  that  are  often  spoken  of  as  the  prob- 
lems of  practical  sociology.  Just  how  the  study  of  crime, 
pauperism  and  vice,  of  poverty,  insanity  and  suicide,  could 
be  connected  in  any  logical  way  with  the  propositions  of 
theoretical  sociology,  has  been  a  puzzling  question  to  many 
students,  and  sociological  writers  generally  have  fallen  back 
upon  the  familiar  expedient  of  dividing  their  subject  into 
theoretical  and  practical,  or  theoretical  and  applied,  or  the 
science  and  the  art.  I  confess  that  I  have  never  had  much 
respect  for  this  expedient.  It  is  the  easy  device  of  incom- 
plete or  baffled  thinking.  Some  of  the  facts  that  a  science 
deals  with  are  more  practical  than  others  because  our  daily 
lives  are  in  more  immediate  contact  with  them;  but  as 
knowable  facts  they  admit  of  explanation;  the  explanation 
is  a  theory,  and  if  we  do  not  see  it  to  be  a  co-ordinate  part 
of  the  larger  theory  of  our  subject  in  its  entirety,  the  reason 


80CIAI.  Growtb  and  Stkucturk.  55 

is  that  we  have  not  yet  fully  worked  oot  the  logical  sub- 
ordination of  its  particular  theorema.  More  adcqtiate  viewa 
of  the  great  iatoea  of  practical  aociology  may  be  looked  fisr 
if  we  can  effect  a  scientific  arrangement  of  the  problems. 
If  ftfrHftH*^  neccasarily  modifies  the  physical,  mental  and 
moral  nature,  but  not  in  all  individuals  equally,  and  if 
unequal  degrees  of  adjustment  to  the  social  conditions  of 
life  are  therefore  inevitable,  we  have  an  esplanalion  of  the 
differentiatioo  of  the  popolatkm  into  rlaf  i,  with  &irly 
well-marked  differences  of  physical,  economic  and  moral 
conditioo.  Therefore  it  may  be  that  in  a  true  theory  of 
social  CTolutioa  we  shall  yet  find  an  interpretation  that  will 
create  a  scientific  order  in  the  mase  of  focts  of  practical 
sociology. 

The  criminal,  pauper,  and  noo-succciaful  rliti  that  live 
on  the  surplus  wealth  of  society,  but  contribute  nothing  to 
it,  are  collectively  an  unproductive  class.  The  rlsssci  that 
create  wealth  directly  from  nature,  and  those  tiiat,  engaged 
in  commercial  or  profesdooal  occupations,  draw  their  sobsia- 
tence  firom  secondary  rather  than  from  primary  aonrces,  but 
add  to  the  wealth  of  society  as  much  as  they  take  firom  it,  are 
collectively  the  productive  class.  This  industrious,  sdAsup- 
porting  majority  undergoes  a  frsrther  differentiation.  Many 
individuals  remain  merely  paashre  and  tolerant  in  their  rela- 
tions to  each  other.  They  look  after  their  own  affUrs  and 
attempt  noUung  more.  Others  become  incrgaain|^  ooiiicioua 
of  the  power  that  there  is  in  asaodatioQ  and  dcv<dop  poMvt 
ability  for  mutual  aid  or  co-operatioo.  Mutual  aid  at  first, 
whether  in  animal  or  in  htuum  communitic8»  is  an  extremely 
simple  and  momentary  direct-coKyeratioo*  of  which  the  fish- 
ing bands  of  pelicans  that  form  a  half  drde  acroas  a  bay  and 
drive  the  fish  in-shore,  the  htmting  parties  of  aavages,  and 
the  log-roQings,  housermislBgs  and  com-huskings  of  back- 
are  eqtudly  good  examplea.  Such  oo-cpcnrtioQ 
in  time  moce  perfect  thnwgh  a  devdopawBt  U 


56     Annai^  of  the  American  Academy. 

co-ordination  and  subordination.  Co-ordination  at  first  is 
merely  the  simultaneous  performance  of  like  acts  in  like 
ways.  Like  creatures  similarly  placed  are  affected  by  com- 
mon experiences  in  like  manner  and  respond  in  like  action. 
There  may  be  a  good  degree  of  harmonious  action  due  to 
this  wholly  unconscious  co-ordination.  A  more  definite 
and  conscious  co-ordination  is  effected  through  emula- 
tion and  imitation.  But  the  co-ordination  that  admits 
of  a  relatively  wide  extension,  under  a  great  variety  of 
forms,  is  that  through  leadership,  which  involves  also  sub- 
ordination. The  mental  and  physical  inequality  already 
described  as  the  basis  of  population-classes  is  the  basis  also 
of  this  form  of  co-ordination.  The  inferior  naturally  defer 
to  the  superior,  follow  their  guidance  and  confer  upon  them 
special  favors. 

The  phenomena  so  far  examined  in  this  chapter  have  been 
phenomena  of  the  social  population.  We  will  go  on  now 
to  the  phenomena  of  the  social  mind,  the  appearance  of 
which  is  the  second  great  stage  in  social  evolution. 

The  society  in  which  there  is  much  intercourse  and  mutual 
aid  presently  enters  upon  a  further  development  which  estab- 
lishes its  unity  and  enables  it  in  a  measure  to  shape  its  own 
career.  It  becomes  conscious  of  itself  as  a  societ)-.  A  com- 
mon or  group  consciousness  is  evolved.  An  example  of  the 
simplest  case  in  which  this  phenomenon  appears  is  perhaps 
the  behavior  of  an  animal  community  when  a  stranger  is 
introduced  into  the  band.  Whether  his  treatment  be  good 
or  ill,  it  is  such  as  to  show  that  the  members  of  the  society' 
are  well  aware  that  he  has  not  been  one  of  their  number. 

Social  consciousness  may  have  the  various  phases  exhibited 
by  the  individual  consciousness,  ranging  from  reflex  action 
and  common  feeling  to  a  reasoned  judgment,*  It  is  doubtful 
if  animal  societies  ever  attain  to  self-consciousness.  By  social 
consciousness  in  any  form  we  do  not  mean  a  consciousness 
distinct  from  that  which  appears  in  individuals,  except  in  so 

*  For  a  full  diactission  of  this  subject,  see  De  Greef,  "  Introduction  it  ta  Sociolo- 
Zif,"  dcuxidme  partie,  Chapters  I  and  Xin. 


Social  Growth  and  Structvrk.  57 

far  ai  it  appourt  at  the  same  moment  in  all  individtiala,  or  is 
propagatel  from  one  to  another  through  the  whole  aaaembly. 
Acted  on  by  influences  that  afiiect  all  ita  members  in  the  same 
way ,  and  under  proper  sHmtilation,  a  whole  sodal  group  may 
perform  a  pordy  reflex  act.  Again,  a  wave  of  feeling  may 
sweep  through  the  community;  or  yet  again,  perodving  the 
same  fiicts,  fedfaig  about  them  in  the  same  way,  and  each  ob- 
serving in  all  his  fellows  the  same  outward  signs  of  identical 
inward  states,  all  the  members  of  a  community  may  ( 
ultaneously  to  the  same  j  udgment.  It  must  be  by 
process  that  bands  of  hundreds,  or  periu^  thouaands  of 
individual  birds,  or  squirreb,  or  buffaloei,  or 
together  and  conduct  an  orderly  migiatioQ.  In  a  true  aodal 
self-consdousnesB,  which  probably  does  not  appear  earlier 
than  the  ethnogenic  stage  of  the  evolution  of  human  society, 
the  distiacttve  peculiarity  is  that  each  individual  makes  his 
neighbor's  conscioaaneaB,  feeling  or  judgment  an  object  of 
his  own  thought  at  the  same  instant  that  he  makes  his  own 
feeling  or  thought  such  an  object,  judges  the  two  to  be 
identical,  and  then  acts  with  a  full  coosdoosncaa  that  his 
fellows  ha\x  come  to  like  ooodnsioos  and  will  act  in  like 
ways. 

In  its  social  roiiictoninM  a  community  has  a  living  bond 
of  union.  The  mntnal  aid  and  protectioii  of  individuals, 
operating  in  an  uncoosdous  way,  are  no  longer  the  only 
means  that  pifacrvc  social  eohakm:  the  mmmtinity  feeb 
and  perceives  ita  unity.  This  feeUag  mttit  be  dertroyed  be- 
fore rupture  can  occur. 

But  even  aodal  coosdousoeas  is  of  course  at  any  instant 
but  a  momentao'  bond.  In  this  respect  it  is  inferior  to  the 
bond  of  mutual  aid.  It  aoquirea  continuity,  however, 
through  the  development  of  another  phase— the  sodal  tradi- 
tion which,  with  the  active  owdea  of  ronidomntM,  makes 
up  the  social  mind.  By  traditioo  results  are  conserved  and 
handed  00.  The  reUtiooa,  the  kleaa  and  the  ua^^  thai 
have  sprang  up.  perhaps  acffidrntaWy  and  uneooictoMily, 
and    have   survived   thus    fer  because  of  their   intrinsic 


58  Annals  of  thk  American  Academy. 

usefulness,  are  carefully  formulated,  defined  and  memor- 
ized. They  become  the  common  mental  possession  of  all 
individuals. 

Tradition  differentiates  into  three  great  primary  forms, 
namely,  the  economic,  the  jural  and  the  political,  and  from 
these  branch  off,  later,  secondary  forms. 

The  earliest  and  most  fundamental  is  the  tradition  of 
subjective  and  objective  utilities,  of  costs  and  values,  and 
of  the  methods  of  increasing  utilities.  There  is,  of  course, 
no  conscious  analysis  of  these  things.  The  tradition  is  con- 
crete, not  abstract.  But  in  the  concrete  there  is  a  scale  of 
comparative  values.  Food,  shelter,  sexual  pleasure,  orna- 
ments, offspring,  are  its  earliest  elements.  Then  come  such 
things  as  implements,  clothing,  gifts,  trade,  labor,  co-opera- 
tion, methods  of  producing  and  using  objective  utilities.  All 
this  tradition  has  its  centre  in  the  family  and  household,  but 
it  extends  to  relations  beyond  the  household. 

Step  by  step  with  the  utilitarian  tradition  develops  the 
tradition  of  toleration. 

Toleration  and  friendly  social  intercourse  are  at  all  times 
balanced  by  frequent  acts  of  aggression  and  revenge  within 
the  community.  It  is  by  these  means  that  the  substantial 
equilibrium  of  strength  among  the  individual  members  of  a 
society  is  maintained  and  demonstrated.  So  aided  by  inter- 
course and  sanctioned  by  vengeance,  toleration  is  developed 
and  difierentiated  into  rules  of  custom  which  formulate 
those  enjoyments,  immunities  and  opportimities  that  are 
habitually  permitted  and  observed  without  molestation. 
These  collectively  are  the  jural  tradition,  the  tradition,  that 
is,  of  objective  and  sanctioned  right. 

The  third  differentiation  of  tradition  is  the  tradition  of 
alliance  in  its  political  form. 

Alliance  as  a  fact  simply  presupposes  some  of  the  elements 
of  subjective  utility  and  some  actual  toleration.  On  the 
other  hand,  the  traditions  of  utility  and  of  toleration,  as  dis- 
tinguished from  their  respective  phenomena,  presuppose 
actual  alliance  in  simple  and  perhaps  unconscious  forms. 


Social  Growtb  and  Structure.  59 

But  again,  the  oooackma  and  poipoaive  devdofmieiit  of 
alliance  within  the  community,  or  its  extention,  to  bring 
two  or  more  banda,  hordea,  or  tribes  into  one  larger  aggre- 
gate, preauppoaea  tnMlitioiia  of  utility  and  of  toleratioo. 

Alliance  in  either  of  these  purposive  forma,  intenahre  or 
extensive,  is  the  elementary  political  fiict.  It  ia  the  germ 
of  all  political  activity  and  tradition.  Its  modw  Is  the 
desire  to  strengthen  the  traditions  of  utility  and  of  tokratkm 
by  an  obedience-compelling  power,  and  to  extend  their  range 
or  application.  The  political  tradition,  therefore,  is  wrought 
out  of  the  economic  and  jural  traditions,  and  in  its  evolution 
is  closely  interwoven  with  them. 

The  economic,  jural  and  political  tradHiona  are  the  funda- 
mental and  imperative  ones.  Surplus  objective  utility,  or 
wealth,  when  it  begina  to  appear  aa  a  consequence  of  alliance, 
beoomea  an  efficient  cause  of  new  modes  of  activity,  which 
are  conaerved  in  a  number  of  secondary  traditiona.  Strictly 
^leaking  all  of  these  activities  are  diftrentiationa  of  funda- 
mental utilitarian  actions,  and  the  secondary  traditiona  grow 
out  of  the  primary  traditiona. 

Pint,  out  of  the  acttvHiea  dhrcctly  rekted  to  the  aatis&c- 
tions  of  the  moat  dcmentaiy  wanta,  of  food,  aexual  pleasure 
and  clothing,  grow  attempta  to  adorn,  and,  with  them,  the 
Ksthetic  tradition.  Its  chief  roots  are  donbtkaa  hi  the 
aexual  instincts,  as  Darwin  argnea,  and  the  tradition  ia 
developed  throngh  sexual  adectkwu 

Secondly,  out  of  the  aodal  pkaium  and  fcHlfHtoa  gvoir 
the  impulae  and  the  need  to  expreaa  and  interchange  emotkma 
andideaa.  Thetmditionaof  spoken  and  of  written  lniiaag» 
result. 

Thirdly,  the  dose  obaervatkm  and  interrogatkn  of  the 
natural  and  animate  worfcl,  which  ia  ■Hnwilalwl  fay  the  qncat 
f  food,  anggcit  amor  crude  intctpreUttona  of  natural  phe- 
omena,  and  these  are  believed  to  be  intimately  connected 
with  iuoccas  or  fidlure  in  the  practical  afEurs  of  life.  The 
world  iathoagfat  to  be  peopled  with  myaterionaapirits.  The 
knowledge  of  these  is  cherished.    (Appealed  to  for  aid  in 


^  Annals  of  the  American  Academy. 

human  affairs,  some  spirits  seem  to  help,  others  to  be  indif- 
erent,  or  hostile.  Through  selection  the  tradition  of  the 
friendly  spirits  becomes  more  firmly  fixed.  The  alliance 
which  holds  together  the  family,  or  that  which  holds  together 
the  community  is  extended  by  covenant  to  ally  the  good 
spirits  to  the  family  or  to  the  community.  They  become 
its  most  important  members,  its  gods.  In  this  way  the  tra- 
ditions of  animism  and  of  religion  are  established. 

Fourthly,  as  knowledge  increases,  the  beliefs  of  earlier 
times  are  subjected  to  rational  criticism.  The  tradition  of 
science  and  philosophy  displaces  the  tradition  of  animism, 
and  religion  is  transformed. 

Fifthly,  philosophy  transforms  the  ideals  and  standards  of 
life  and  conduct,  and  we  get  the  tradition  of  ethics. 

It  is  only  in  a  very  general  way,  of  course,  that  the  devel- 
opment of  tradition  corresponds  to  this  serial  order.  The 
different  modes  of  tradition  act  and  react  on  one  another. 
lyong  before  the  economic  tradition  is  developed  beyond  its 
crude  beginnings,  the  philosophical  and  ethical  traditions,  not 
to  mention  intermediate  ones,  must  have  come  into  existence. 

Of  the  problems  of  social  structure,  properly  so-called,  or 
the  questions  pertaining  to  social  composition  and  social  con- 
stitution, I  purpose  to  say  but  little  in  these  pages.  They 
have  been  more  adequately  treated  in  existing  works  on 
«ociolog^  than  have  been  some  of  the  other  topics  that  I  have 
here  discussed.  Moreover,  I  expect  in  a  larger  work  to  give 
them  full  consideration.  All  that  I  wish  to  do  now  is  to 
emphasize  the  assertion  that,  though  social  composition  and 
constitution  have  beginnings  in  unconscious  processes  of 
social  evolution,  they  are,  properly  speaking,  creations  of 
the  social  mind. 

Human  society  truly  begins  when  social  consciousness  and 
tradition  are  so  far  developed  that  all  social  relations  exist 
not  only  objectively,  as  physical  facts  of  association,  but  sub- 
jectively also,  in  the  thought,  feeling  and  purpose  of  the 
associated  individuals.  It  is  this  subjective  fact  that  differ- 
entiates human  from  animal  communities.     For  when  the 


Social  Growth  and  Stscctuks.  6i 

todety  edits  in  idcft,  oo  1cm  than  in  physctl  aggregmtion, 
the  idea  begins  to  react  upon  all  the  objective  relations.  The 
social  idea,  at  first  only  a  peroeptkm  or  a  ooooeptioo,  becomes 
an  ideal,  which  the  commnnity  endeavors  to  realise.  Prom 
this  time  on,  the  forms  of  association  and  of  associated 
activity,  determined  in  part  by  direct  physical  causation,  are 
determined  also  in  part  by  the  social  mind. 

In  the  earliest  and  simplest  fonns  of  human  society  the 
social  constitution  is  not  di£fierentiatcd  from  the  social  oom- 
poaitson.  The  group,  as  a  whole,  is  for  some  purposes  the 
oo-operating  body.  For  other  purposes  the  oo-operating 
body  is  some  component  group.  There  is  no  division  of 
labor  which  is  whc41y  irrespective  of  the  compoaitioo  of  sdf- 
sufficing,  self-perpetuating  social  groups,  like  the  fiunHy  and 
the  horde.  At  a  later  time  the  social  constitution  is  seen  to 
be  partially  differentiated  within  itself  and  slowly  undcq^oin^ 
further  differentiation  from  the  social  compoaitioo. 

Therefore,  through  a  long  succession  of  periods,  the  action 
of  the  social  mind  upon  social  structure  is  primarily  and 
diiefly  a  moulding  of  the  social  oompoaition.  Or,  when  it 
acts  directly  upon  the  social  constitution,  it  is  at  the  same 
time  still  modifying  the  social  composition,  in  important  ways 
and  to  a  great  degree.  Working  conjointly  with  unoooacJoqa 
forces,  it  is  creating  definite  forms  of  the  fiunily,  the  tribe, 
and  the  nation.  Only  when  the  ethnos  is  rttsWished  does 
the  social  mind  begin  to  act  chiefly  and  powerfhDy  oo  the 
social  constitution,  and  thereby  to  organize  and  develop  the 
demos. 

It  fbOowt,  as  was  pointed  out  in  an  earlier  chapter,  that  a 
study  of  social  composMoo  is  nearly  co-eztensive  with  cth- 
nogenic  sociology,  and  that  ethnogenic  sociology  is  mainly  a 
study  of  the  e\'olution  of  the  social  compoaitioo,  though 
incidentally  it  is  necessary  tofoOowmany  associated  develop- 
ments of  the  social  ooosdtutioo. 

I  diall  not  at  this  time  go  further  into  the  detail  of  the 
study  of  the  social  compoaitioo,  the  most  important  ques- 
tions of  which  are  those  of  the  origins  and  early  forms  of 


62  Annals  of  the  American  Academy. 

the  family  and  of  the  clan,  and  of  their  relations  to  each 
other  and  to  the  tribe.  Much  less  shall  I  enter  here  upon  a 
particular  study  of  the  social  constitution.  I  wish,  how- 
ever, to  say  a  further  word  in  regard  to  the  limits  of  this 
part  of  sociological  theory. 

In  the  study  of  institutions,  more  than  anywhere  else, 
general  sociology  has  been  confounded  with  the  special  social 
sciences.  Nearly  ever>'  writer  on  sociology  makes  the  mis- 
take of  thinking  that  symmetry  and  completeness  are  to  be 
secured  by  taking  up  for  separate  discussion  each  group  of 
social  institutions  in  turn.  By  this  erroneous  judgment, 
or  more  truly  this  lack  of  insight,  he  not  only  places  himself 
in  a  position  where  he  nuist  be  either  omniscient  or  super- 
ficial, but  he  disintegrates  his  science.  Instead  of  unfolding 
an  organic  sociology  he  binds  together  in  the  covers  of  one 
book  the  elements  of  several  social  sciences.  The  general 
sociologist  has  nothing  to  do  with  the  details  of  the  evolu- 
tion of  institutions  of  any  kind,  domestic,  political  or  ecclesi- 
astical. His  ])usincss  is  to  lay  a  firm  foundation  in  social 
psychology  on  which  the  students  of  institutions  can  build. 
He  sliould  show  how  the  social  mind  works  in  creating 
institutions  of  any  kind  or  of  all  kinds.  He  should  show  iu 
what  order  tlie  different  kinds  of  institutions  appear,  as 
determined  by  their  genetic  relationships,  and  how  all  insti- 
tutions vary  in  their  vigor  and  characteristics  with  varying 
asi)eets  of  tlie  social  mind.  These  are  fundamental  studies, 
the  results  of  wliich  the  student  of  any  particular  group  of 
institutions  should  have  at  command  without  being  obliged 
to  work  them  out  for  himself,  just  as  the  anatomist  or  the 
physiologist  depends  on  general  biology  for  such  postulates 
as  the  laws  of  selection,  adai)tation  and  heredity.  They  are 
also  (juite  numeroiLs  enou-h  for  one  division  of  c^ne  science. 
To  add  to  them  the  details  of  .several  others  is  to  miscon- 
ceive the  theoretical  structure  no  less  than  the  practical 
limits  of  socioloi:v. 


CHAPTER  V. 

TBX    8BCOKDARV    PROBUUIS:     SOCIAL    PROCSSS,    LAW  AKD 


My  present  account  of  the  secondary  aocsotogical  prob- 
lems will  be  e\'en  more  summary  and  more  merely- indica- 
ative  than  that  of  the  primary  problems  has  been.  The  full 
discussion  I  reserve  for  a  larger  work.  I  shall  only  state  the 
problems  and  barely  suggest  the  answers  that  I  expect  fur- 
ther study  to  establish.  The  quesdoos  are  those  of  the  iiict 
and  nature  of  progress,  of  the  nature  of  the  social  process, 
of  the  reality  of  social  law  and  the  character  of  social  causa- 
tion, and  of  the  organic  nature  and  function  of  societ>'. 

What  have  we  to  say  about  progress  ?  Comte  identified 
progress  with  sodal  dynamics,  and  set  it  over  against  social 
atatks.  Social  statics  was  a  theory  of  social  order;  sodal 
dynamics  he  conceived  to  be  a  theory  of  stages  of  human 
development,  and  his  discussion  of  progress, therefore,  became 
merely  a  philosophy  of  history.  The  theories  of  organic 
evolution  have  thrown  discredit  on  that  way  of  conceiving 
the  world  which  led  to  a  sharp  separation  of  static  and 
djTuamic  in  exposition,  and  Mr.  Spencer,  after  having  in  his 
younger  dayspiibUsbed  a  book  on  "Social  Statics."  has  in  his 
later  writings  avoided  any  such  line  of  division.  Structures 
and  forces  are  exhibited  together,  structure  giving  lines  of 
direction  to  motion,  molioa,  nevertheless,  modifying  struc- 
ture. Yet  without  abandoning  the  organic  conccptioo,  one 
may  give  his  attention  chiefly  to  the  structural  relations,  or 
chiefly  to  the  modifying  foroes  as  Mr.  Ward  has  done  in  his 
treatise  on  *'  Dsmsmie  Sockilogy."  It  follows  that  if  prog- 
ress  be  identified  with  the  d)'namic  aspect  of  sodal  life,  a 
work  on  aodology  will  dther  contain  no  separate  diacnsaioo 
of  progress,  or  be  little  else  than  such  s  discusskm,  sujoidiug 
to  the  author's  personal  trias.  But  the  identity  must  not  be 
u ncritically  asaomed.    A  complete  theory  of  sodal  djmaniics 

(63) 


64  Annals  of  run  American  Academy. 

would  be  an  account  of  all  social  forces  and  of  all  possible 
social  changes.  Does  our  idea  of  progress 'include  all  social 
changes  ?  Does  it  not  rather  exclude  very  rigorously  all  ex- 
cept changes  of  certain  definable  kinds,  or  in  certain  well- 
marked  directions?  If  so,  a  doctrine  of  progress  is  far 
enough  from  being  co-extensive,  or  in  any  other  way  ident- 
ical, with  social  dynamics.  It  is  rather  a  theory  of  the  con- 
ditions under  which  social  elements  and  forces  emerge  in  a 
particular  result,  and  therefore,  also,  of  the  limits  to  that  kind 
or  mode  of  change  which  the  conditions  impose.  Otherwise 
stated,  a  philosophy  of  progress  is  primarily  a  theory  of  con- 
ditions and  only  incidentally  of  the  forces  that  act  subject 
to  the  conditions,  while  social  dynamics  is  primarily  a  theory 
of  forces  and  only  incidentally  of  conditions.  The  point  is 
technical,  but  helpful  for  clear  thinking. 

It  would  appear,  therefore,  that  the  first  task  in  the  study 
of  progress  must  be  to  ascertain  in  what  sense  there  is  any 
such  thing.  What  is  the  fact  of  progress  ?  In  what  does  it 
consist  ?  If  it  is  a  group  of  changes  of  a  particular  and 
verifiable  kind,  its  conditions  can  be  known  and  its  limits 
determined,  at  least  approximately. 

The  answer  of  sociology  will  be  that  progress  includes  an 
increase  of  material  well-being,  a  development  of  the  social 
nature,  and  an  increasingly  perfect  organization  of  social 
structure,  but  that,  essentially,  it  is  none  of  these  things. 
Essentially  it  is  a  conversion  of  lower  modes  of  energy  into 
higher,  that  is,  more  complexly  organized  modes,  and  a 
substitution  of  the  psychical  for  the  physical  process  in  social 
phenomena.  It  is  an  evolution  of  intelligence  and  sym- 
pathy, not  merely  as  qualities  or  states  of  individual  con- 
sciousness, but  as  gigantic  social  forces  which  more  and 
more  dominate  social  development,  subordinating  the  rela- 
tions of  physical  compulsion,  in  which  society  begins,  to  a 
voluntary  co-operation.  Society  does  not  begin  in  contract 
but  it  tends  progressively  towards  contract.*    So  conceiving 

•  This  topic  ia  admirably  handled  by  Pouillfie,  "  La  Science  SociaU  ConUmpo* 
raine.^* 


I 


THS  SSCONDARY    hROBLBMS.  65 

progrefls,  the  aociotogtst  will  prove  that  it  has  certain  rather 
definite  limits.  The  conversion  of  physical  into  ps>xhical 
energy  cannot  proceed  besrond  a  definite  degree  of  rapidity 
without  endangering  social  organization.* 

If  such  are  the  nature  and  conditions  of  progms  we  have 
discovered  the  significant  characteristic  of  the  sodal  process. 
It  is  the  progressively  important  part  pli^ed  by  the  psychi- 
cal forces.  If  it  is  chiefly » though  not  altogether,  the  physical 
aspect  of  social  phenomena  and  a  process  of  phsrsical  causa- 
tion that  we  study  when  we  look  at  the  orighia  of  sodal 
structure  and  growth,  it  is  the  coosdous  phenomena  and  a 
psychical  process  to  which  we  pass  when  we  turn  to  the  later 
evolution.  In  all  the  higher  forms  of  sssncfartka  and  oon- 
certed  action  human  wills  are  a  fiictor.  Assodatioo  Is  no 
longer  fortuitous,  it  is  volitionaL  It  foUows  that  in  studying 
voUtiooal  atwortstion  we  have  to  do  eq>edally  with  the  con- 
nection between  social  forms  and  varioos  sorts  of  co-opera- 
tion, and  the  purposes  that  they  fulfill,  since  men  do  not,  of 
ddiberate  will,  msintain  and  perfect  their  social  relatioos 
tmless  they  are  consdons  of  an  end  to  be  snbserved.  That 
end  is  the  development  of  thdr  own  pqrdikal  life,  in  scope 
and  power  and  happiness.  So  the  questions  of  volitional 
association  are  immediatdy  concerned  with  the  relation 
between  sodal  evolution  and  the  development  of  personality. 
They  indnde  an  analysts  of  the  phases  that  volitional  assoda- 
tioii  presents  for  examination,  sadi  as  its  cohesive  strength, 
its  duration  and  the  manner  of  its  co-ordination.  They 
indnde  all  inquiries  that  may  be  made  as  to  the  functional 
or  pnrpoaive  side  of  sssodatlon,  that  b  to  say,  the  ways  in 
whidi  sssodation  acta  fiivorably  on  individual  personality 
And  on  the  sodal  mind,  and  likewise  all  inquiries  aa  to  the 
action  of  the  social  mind  in  creating  custom,  institutions  and 
positive  law.  Inexhaustible  materials  are  at  hand  for  the 
student  pursuing  these  inquiries.    T6  exhibit  the  phases 

•lba««  «xuBlMd  tU»  phMv  of  Um  qMitiM  mmn  Mkf^mmuutki9am**'nm 
RtMcaoTioclftl  Frafrw^**  psMtaMd  Sm  teUw  i^iwillf  ■f>»r— #  yjEHia. 
Vol.  ni,  Na  a,  iMNnty.  i%|,  nS  nyHlid  Is  «  lulmi  cC  «af«  kf  frtaw 


66  Annai^  of  thk  American  Academy. 


of  association,  for  example,  the  phenomena  of  political  ma 
jorities  alone  would  be  sufficient,  showing,  as  they  do, 
every  degree  of  cohesion, — from  the  rigorous  party  discipline 
that  is  able  to  defy  independent  movements  and  to  sneer  at 
all  reformers,  down  to  alliances  that  vanish  at  the  first 
breath  of  dissension, — and  every  agency  of  co-ordination, 
from  the  ''pull"  of  a  district  "boss"  to  the  welding  heat 
of  moral  indignation. 

Conscious  personality  acts  upon  society  through  choice, 
and  if  there  is  a  law  of  the  volitional  process  in  society  it 
must  be,  as  was  shown  in  the  first  chapter,  a  law  of  social 
choices.  We  have  come  now  to  the  point  where  an  attempt 
to  formulate  the  law  must  be  made. 

That  it  has  not  been  made  before  this;  that  the  very  pos- 
sibility of  such  a  law  has  hardly  been  suspected,  is  in  no 
way  remarkable,  because  the  sociologists  who  have  been 
more  interested  in  the  volitional  than  in  the  physical  aspect 
of  social  evolution  have  not  been  familiar,  apparently,  with 
the  theory  of  individual  choice  that  has  been  elaborated 
in  modem  economics.  That  the  construction  of  this  theory, 
the  first  scientific  attempt  to  explain  choice  that  has  been 
made  at  all,  in  any  department  of  knowledge,  should  have 
been  the  work  of  economists  rather  than  of  psychologists 
is  perhaps  remarkable,  but  no  well-informed  person  will  deny 
the  fact. 

Individual  choices  are  determined  by  the  subjective  values 
previously  described.  Now  in  making  subjective  valuations 
for  practical  purposes  we  cannot  estimate  each  source  or 
means  of  satisfaction  by  itself  alone;  we  can  do  that  only  in 
theory,  for  the  sake  of  analysis.  In  real  life  we  have  to 
ask  how  each  possible  enjoyment  will  combine  with  other 
possible  enjoyments  to  make  up  a  total  of  happiness.  We 
have  to  tone  down  or  modify  some  indulgences  to  make 
them  combine  well  with  others,  or,  failing  to  do  that,  we 
have  to  sacrifice  some  pleasures  altogether.  As  a  rule  many 
moderate  pleasures  that  combine  well,  each  heightening  the 
others,  will  make  up  a  larger  total  of  satisfaction  than  a  few 


I 


ThX  SaCONDARY   PrOI 

pleasures  each  of  which  U  more  intense.  It  is  neccsoary 
therefore  to  correct  each  subjective  value,  as  individually 
considered,  by  reference  to,  its  probable  relation  to  other 
▼aloes. 

Again,  in  subjective  value  immediate  pleasure  is  not 
necessarily  the  only  element  considered.  Further  corrections 
may  be  made  for  probable  future  pleasures  and  pains,  result- 
ing from  the  choice  contemplated,  and  for  reactioos  oo  the 
personality,  the  self-development  and  the  self-activity,  of  the 
diooser. 

As  soon  as  intellectual  power  sufficient  to  make  sodi  correc- 
tions has  been  acquired,  the  individual  will  attempt  to  bring 
his  subjective  values  into  a  consistent  whole,  but  the  com- 
position  of  the  whole,  and  his  success  in  making  it  harmooi* 
otts  throughout,  will  depend  very  much  upon  his  own 
experiences.  If  his  experiences  have  been  limited  and 
.narrow  and  his  pleasures  few,  but  often  repeated,  his  con- 
sciwiBifSS  will  have  become  identified  with  a  total  of  sub- 
jective valties  that  is  thoroughly  sdf-coosistent,  as  far  as  it 
goes,  but  is  very  simple  in  its  make-up.  His  few  pleasures 
will  be  relatively  intense;  he  wiU  carry  the  ooosimiption  of 
each  sort  of  goods  that  he  tiaes  to  a  further  limit  than  he 
would  carry  it  to  if  his  pleasures  were  varied. 

Suppose,  now.  that  some  wholly  new  pleasure,  more  in- 
tense than  any  that  he  has  enjoyed  hitherto,  Is  Intioduwi 
into  his  life,  or  that  suddenly  he  sees  opened  to  him  possi- 
bilities of  many  new  pleasures,  which  are.  however,  more  or 
less  incompatible  with  those  to  which  he  has  been  used. 
His  group  of  subjective  values  becomes  at  once  larger  and 
more  complex  than  before,  but  also  less  well-organised. 
It  will  be  a  long  time  before  the  rea4jttstment  is  made.  It 
will  involve  many  sacrifices  and  sdMenials.  Meanwhile, 
the  chances  are  that  he  wiU  dioose  cmddy  and  in  a  radical 
fashion.  He  will  substitute  oftener  than  he  win  combine. 
He  win  destroy  when  he  might  conserve.  He  wiU  go 
whoUy  over  to  the  new  way  of  life,  enjojring  as  before  a  few 
pleasures  intensely  instead  of  learning  that  he  might  get  a 


68  Annai^  of  thk  American  Academy. 

greater  total  of  satisfaction  from  a  large  number  of  lesser 
pleasures  harmoniously  put  together.* 

Apply  these  principles  now  to  a  population.  Make  a 
population-map  of  a  country  like  the  United  States,  showing 
the  distribution  of  the  people  according  to  their  habitual 
pleasures.  In  one  region  you  will  find  a  marked  predomi- 
nance of  those  who  have  lived  for  generations  in  a  circum- 
scribed way,  the  people  of  narrow  experiences  and  of  few 
enjoyments.  In  another  region  you  will  find  in  large  num- 
bers those  who  have  suddenly  found  themselves  face  to  face 
with  possibilities  of  which  they  had  not  dreamed.  Else- 
where you  will  find  those  who  have  so  long  enjoyed  varied 
experiences  and  manifold  pleasures  that  their  subjective 
values  make  up  totals  which  are  highly  complex  and  yet, 
at  the  same  time,  harmonious.  Can  predictions  be  made 
as  to  how  these  different  regions  will  choose,  select,  or 
decide  in  their  industry,  their  law-making,  their  educational 
and  religious  undertakings,  their  organization  of  institu- 
tions ?  I  think  that,  beyond  any  doubt,  prediction  is  possi- 
ble, and  that  the  law  of  social  choice  can  be  formulated,  as 
follows : 

A  population  enjoying  few  and  relatively  intense  pleas- 
ures, harmoniously  combined,  will  be  conservative  in  its 
choices.  A  population  having  varied,  but  as  yet  inharmoni- 
ously  combined,  pleasures,  will  be  radical  in  its  choices. 
Only  the  population  that  enjoys  many,  varied,  not  over- 
intense,  but  harmoniously  combined  pleasures,  will  be  con- 
sistently progressive  in  its  choices. t 

If  this  is  the  law  of  social  choices,  what  determines  the 
persistence  of  choices?    The  social  arrangements  that  we 

*  For  the  most  complete  discussion  of  these  topics,  the  reader  is  referred  to  the 
writings  of  Professor  Simon  N,  Patten;  especially,  "  The  Consumption  of  Wealth," 
Philadelphia,  1889;  "The  Theory  of  Dynamic  Economics,"  Philadelphia.  1892;  and 
"The  Economic  Causes  of  Moral  Progress,"  Annals  of  the  American  Academy 
OF  Political  and  Social  Science,  Vol.  Ill,  p.  129,  September,  1892. 

1 1  believe  that  this  law  can  be  successfully  applied  to  political  prediction  as  soon 
as  we  have  detailed  sociological  descriptions  of  populations.  I  have  indicated 
some  of  the  possibilities  in  an  article  on  "The  Nature  and  Conduct  of  Political 
Minorities,"  published  in  the  Political  Science  Quarterly,  Vol.  VII,  No.  i,  March* 


Ths  SacoNDARv  Problhhs.        69 

know  at  preaent  are  survivals.  Thousands  of  different 
arrangements  ha\'e  disappeared  because  their  meiulncis  to 
man  was  transient  or  feeble.  They  did  not  sufficiently 
profit  the  tribes  or  peoples  that  used  them  to  save  either 
people  or  institutions  from  extinction.  The  social  arrange- 
ments that  live  as  a  part  of  the  life  of  virile  communities 
are  arrangements  that  make  oonimunities  virile.  Directly 
or  indirectly  they  help  to  make  a  better  social  man,  keener 
in  mind  and  more  adept  in  00-operation.  Bnt  among  aU 
possible  social  choices  in  law  and  institution-making,  what 
ones  will  contribute  to  these  results  ?  What  choices,  merely 
as  choices,  will  natural  selection  prefer  ? 

The  answer  that  sociology  will  give,  I  think,  is  very  cer- 
tain. The  law  is  unmistakable.  Those  subjective  values 
will  survive,  which  are  component  parts  in  a  total,  or  whole, 
of  subjective  values  that  is  becoming  ever  more  complex 
through  the  inclusion  of  new  tastes  and  new  pleasures  and, 
at  the  same  time,  more  thoroughly  harmonious  and  coherent 

This  law  does  not  express  a  psychical  proccM,  as  does  the 
law  of  social  choices.  It  formulates  objective,  physical  con- 
ditions, to  which  choice  must  in  the  long  run  conform. 
When  once  the  conditions  are  clearly  perceived  the  law 
becomes  entirely  comprehensible. 

Society,  like  the  individual,  must  adjust  itself  to  a  physi- 
cal environment.  Its  pleasures,  laws  and  institutions  must 
be  a  part  of  the  adjustment,  and  thoroughly  cooaislnt  with 
it,  as  a  whole.  But  the  environment  is  no  oomtant  or 
unchanging  group  of  relations.  It  is  andergoing  ceawUii 
evolution,  tliough  the  changes  are  often  too  slow  to  be  per- 
ceptible at  the  moment  It  is  becoming  more  and  more 
diversified  through  di£ferentiation.  Society  may  increase 
the  diversification,  but  cannot  prevent  it.  It  cannot  make 
the  conditkMis  to  which  life  most  adapt  itself  more  aimple. 
On  the  contrary,  life  must  become  more  complex,  by  adapta- 
tion to  more  complex  cooditioiia,  or  it  mnat  cease.  This, 
then,  is  the  reason  why  tastes  must  beoone  more  varied.  It 
b  the  reason  why  plcasorea  most  be  many,  and  contribotorx 


70  Annai^  of  the  American  Academy. 

to  one  another,  each  heightening,  softening,  or  coloring  the 
others,  till  all  are  like  musical  notes  in  accord.  It  is  the 
reason  further,  why  our  principal  and  familiar  enjoyments 
must  not  be  so  intense,  individually,  as  to  exclude  those 
weaker,  rarer,  and  more  refined  pleasures  that  are  necessary 
constituents  in  a  perfect  whole  of  maximum  satisfaction. 
Therefore  it  is  in  the  physical  nature  of  things  that  ultra- 
conservative  and  ultra-radical  social  choices  must  in  the  long 
run  get  extinguished,  and  that  only  the  moderately  but  con- 
stantly progressive  choices  can  survive. 

Are  we  then  to  conclude  that,  in  the  last  analysis,  social 
causation  is  an  objective  or  physical  process,  notwithstand- 
ing  the  important  part  that  has  been  assigned  to  volition? 
If  by  this  question  is  meant  the  metaphysical  inquiry 
whether  mind  is  merely  a  manifestation  of  matter,  the  soci- 
ologist as  such  has  no  opinion  about  it  to  offer.  As  sociolo- 
gist that  troublesome  puzzle  does  not  concern  him.  But  if 
the  question  is  whether  the  volitional  process  in  society  is 
conditioned  by  the  physical,  and  is  in  no  way  independent, 
or  underived,  the  sociologist  must  make  an  affirmative 
reply. 

The  part  played  by  the  volitional  factors  in  social  evolu- 
tion is  so  conspicuous  that  a  student  who  approaches  the 
problem  from  one  side  only  can  easily  fall  into  the  habit  of 
thinking  of  them  as  underived,  independent  causes,  and  out 
of  this  unscientific  habit  many  misconceptions  have  grown. 
The  sociologist  deals  with  phenomena  of  volition  at  ever>^ 
step.  In  fact,  as  we  have  seen,  they  are  central  points, 
about  which  all  the  other  phases  of  social  change  are 
grouped.  More  than  this;  the  sociologist  deals  not  only 
with  causes  that  are  not  merely  physical,  but  with  many 
that  are  not  merely  psychical.  They  are  as  much  more  com- 
plex than  the  merely  psychical  as  the  psychical  are  more 
complex  than  the  merely  physical.  They  are  sociological — 
products  of  social  evolution  itself- — and  the  true  sociologist 
wastes  no  time  on  attempts  to  explain  all  that  is  human  by 
environment  apart  from  history. 


I 


Tbk  Sscondast  Probudib.  71 

The  real  question,  therefore, ^is  not  on  the  eyfatmce  or 
the  importmnce  of  vc^tlonal  and  distinctivdy  locioiogiad 
cauaes.  It  is  whether  these  are  nndcrived  from  aiaplcr 
phenomena  than  themaehrw,  and  undetermined  by  prnctiwi 
of  the  physical  and  <Mganic  world.  To  this  question  the 
answer  of  sociology  is  an  unqualified  negative.  Sociology 
is  planted  aqnardy  on  those  new  conceptions  of  natore — 
natnral  canaatson  and  natural  law— that  have  gTX>wn  up  in 
scientific  minds  in  connection  with  doctrines  of  evolution 
and  the  conser\iition  of  energy.*  These  conceptions,  as 
the  working  h>ix)theses  of  physical  and  organic  scknoe, 
are  totally  unlike  those  old  metempirical  notions  that  made 
natural  law  an  entity,  endowed  it  with  omnipotence,  and 
set  it  up  in  a  world  of  men  and  things  to  govern  them. 
Natural  laws  are  simply  unchanging  relations  among  forces^ 
be  tiiey  physical,  pqrchical  or  aodal.  A  natural  cause  is 
simply  one  that  is  at  the  aame  tfane  an  efiect  In  the  uni- 
verse as  known  to  sdence  there  are  no  independent,  unre- 
lated, nncansed  canaea.  By  natnral  causation,  therefore, 
the  scientific  nun  means  a  piooeas  in  which  every  cause  is 
itself  an  effect  of  antecedent  canaes;  in  which  every  action 
is  at  the  same  time  a  reaction.  Nature  is  but  the  totality 
of  rdated  things,  in  which  every  change  has  been  caused 
by  antecedent  change  and  will  itself  cause  snbseqtient 
change,  and  in  which,  among  all  changes,  there  are  ralations 
of  coexistence  and  sequence  that  are  thfmwhft  oadmg- 
ing. 

In  this  mighty  but  exquisite  system  man  is  indeed  a  vari- 
able, but  not  an  independent  variable.  He  is  a  ftinction  of 
innumerable  variablea.  In  a  world  of  endless  diange  he 
ads  upon  that  world,  but  only  because  be  is  of  that  world. 
Hia  volition  is  a  true  cause,  bat  only  becatise  it  is  a  true 
effect.  Therefore,  while  alllrmfaig  tha  reality  of  sociological 
forces  that  aredisdnctly  difierent  finom  merdy  biological  and 
merely  physical  forces,  the  sociologist  is  careful  to  add  that 


•  OoMtyUoM  Ml  an  IbMia  tvmi  la  •»  rvcrM  •  ««1i  M  tlM  •*  Laite  **  or  J.  a  If 


72  Annai^  of  the  American  Academy. 

they  are  different  only  as  products  are  different  from  factors; 
only  as  protoplasm  is  different  from  certain  quantities  of 
oxygen,  hydrogen,  nitrogen  and  carbon;  only  as  an  organ- 
ism and  its  co-ordinated  activities  are  different  from  a  group 
of  nucleated  cells  having  activities  that  are  unrelated. 
Recognizing  that  society  is  an  organization  that  acts  in  defi- 
nite ways  upon  its  members,  he  looks  beyond  the  superficial 
aspect  and  finds  that  all  social  action  is  in  fact  a  reaction, 
and,  as  such,  definitely  limited  and  conditioned.  He  finds 
nowhere  a  social  force  that  has  not  been  evolved  in  a  physi- 
cal-organic process,  nor  one  that  is  not  at  every  moment  con- 
ditioned by  physical  facts.  He  sees  in  constant  operation 
that  marvelous  product  of  individual  wills,  the  collective  or 
group  will,  in  which  Austin  found  the  source  of  political 
sovereignty;  but  he  sees  also,  what  no  jurist  before  Darwin's 
day  could  know,  how  inexorably  the  sovereign  will  is  con- 
ditioned by  natural  selection.  The  group,  like  the  individ- 
ual, can  will  what  it  wills;  but  what  it  does  will  is  deter- 
mined by  conditions  that  man  did  not  create,  and  whether 
the  group  will  keep  on  willing  this  thing  or  that  thing,  will 
depend  on  whether  the  thing  willed  conduces  to  social  sur- 
vival. If  it  does  not,  there  is  presently  an  end  of  social 
willing  along  those  lines. 

It  is  in  this  truth  that  the  sociologist  discerns  the  essential 
significance  of  the  much-befogged  doctrine  of  natural  rights. 
Natural  rights,  as  the  term  was  once  understood,  have  gone 
to  the  limbo  of  outworn  creeds;  not  so  those  natural  norms 
of  positive  right  that  sociology  is  just  beginning  to  disclose. 
Legal  rights  are  rights  sanctioned  by  the  law-making  power; 
moral  rights  are  rules  of  right  sanctioned  by  the  conscience 
of  the  community ;  natural  rights  are  socially-necessary  norms 
of  right,  enforced  by  natural  selection  operating  in  the 
sphere  of  social  relations;  and  in  the  long  run  there  can  be 
neither  legal  nor  moral  rights  not  grounded  in  natural  rights 
as  thus  defined. 

I  am  not  trying  here  to  rehabilitate  an  old  idea  in  a  new 
phraseology.     I  reject  the  old  idea,  and  with  it  that  use  of  the 


Thk  Sbcondary  Probuoo.  73 

word  natural,  imposed  oo  political  phUoaophy  by  RoosMau, 
which  Ideotifieathe  natural  ezdosivdy  with  the  primiti\x;  a 
oae  now  baotahed  from  biology  and  p8ycholog>',  but  inex- 
cusably retained  in  the  political  sciences  by  many  ecooomists 
and  jurists,  as  if  natural  were  a  word  of  no  broader  mean- 
ing than  natal.  In  sdcntific  nomenclature  natural  has  be- 
come much  more  nearly  idcntkal  with  normal.  In  its  abso- 
lute scientific  sense  the  natural  is  that  which  exists  in  \nrtue 
of  its  part  in  a  cosmic  system  of  mutually-determining  activi- 
ties; hence,  in  a  relative  and  narrower  sense  it  is  that  which 
is,  on  the  whole,  in  harmony  with  the  conditioos  of  its  czlsl* 
ence.  The  unnatural  is  on  the  way  to  diaaoltitkm  or  eitinctioa. 

If  the  social  will  is  conditioned  by  natural  selection,  not 
less  is  the  power  to  convert  will  into  deed  cooditiooed  by 
the  conservatloo  of  tna^.  Enormous  as  the  aodal  energy 
is,  it  is  at  any  moment  a  definite  quantity.  Every  unit 
of  it  has  been  taken  np  from  the  phy^cal  environment,  and 
no  ti  a  I MBH  utitions  of  sorm  can  tnciense  the  amount.  \\*liat 
is  used  in  one  way  is  absolutely  withdrawn  from  other  modes 
of  expenditure.  Lei  the  available  energies  of  the  en\nron- 
ment  be  wasted  or  in  any  way  diminished,  the  social  activity 
must  diminish  too.  The  evolution  of  new  relationships  of 
conscious  association,  and  the  accompanying  development  of 
personality,  will  be  checked. 

Thns  onr  definition  of  sodotogy  as  an  explanatkm  of  social 
phenomena  in  terma  of  natural  canaalion,  becomes  somewhat 
more  explicit.  Specifically,  it  is  an  interpretation  In  terms 
of  p83rchical  activity,  organic  a^natment,  natural  selection 
and  conservation  of  energy.  As  snch,  it  may  be  leas  than  a 
demonstrative  science,  if  the  experimental  sciencaa  be  taken 
as  the  standard;  Init  we  cannot  admit  that  it  la  only  a  descrip- 
tive science,  as  contended  by  those  French  sodologista  who 
hold  doady  to  the  phUosophy  of  Comte.^  It  is  strictly  an 
explanatDry  science,  fortlQrIng  indnction  by  deduction,  and 
referring  effects  to  veritable' 


iwn. 


74  AnnaIvS  of  thk  American  Academy. 

Moreover,  when  rightly  apprehended,  sociology  has  a  per-^ 
feet  scientific  unity.  The  conceptions  here  presented  tran- 
scend the  old  Comtist  division  into  two  sharply  defined  parts, 
before  mentioned,  one  dealing  with  social  statics,  the  other 
with  social  dynamics.*  Structure  can  no  longer  be  studied 
in  any  organic  science  apart  from  function,  nor  function  apart 
from  structure,  for  we  know  that  at  every  stage  activity 
determines  form;  and  form,  activity.  The  sociologist  refuses, 
to  sunder  in  theory  what  nature  has  joined  in  fact.  H 
centres  his  attention  on  a  moving  equilibrium. 

The  final  question  remains.  What  is  the  nature  of  thi 
concrete  group  of  phenomena  that  we  have  been  studying  ? 
To  what  class  of  natural  objects  does  it  belong?  Is  it,  as 
Mr.  Spencer  and  others  have  said,  an  organism? 

Certainly  it  is  not  a  physical  organism.  Its  parts,  if  parts 
it  has,  are  psychical  relations.  They  are  not  held  together 
by  material  bonds,  but  by  comprehension,  sympathy  and 
interest.  If  society  is  an  organism  at  all  it  must  be  described 
as  physio-psychic  —  a  psychical  organism  essentially,  but 
having  a  physical  basis.  But  the  reader  who  has  followed 
these  pages  thus  far  will  be  disposed  to  agree  with  me,  I 
think,  that  a  society  is  more  than  an  organism — something 
as  much  higher  and  more  complex  as  an  organism  is  higher 
than  non-living  matter.  A  society  is  an  organization,  partly 
a  product  of  unconscious  evolution,  partly  a  result  of  con- 
scious planning.  An  organization  is  a  complex  of  psychical 
relations.  I^ike  an  organism,  however,  it  may  exhibit  every 
phase  of  evolution — of  differentiation  with  increasing  cohe- 
sion or  unity. 

Like  an  organism,  too,  an  organization  may  have  a  func- 
tion, and  society  unmistakably  has  one.  It  has  developed 
conscious  life;  it  is  creating  human  personality,  and  to  that 
end  it  now  exists.  It  is  conscious  association  with  his 
fellows  that  develops  man*s  moral  nature.  To  the  exchange 
of  thought  and   feeling  all   literature  and  philosophy,  all 

*  A  division  carried  out  by  M.  de  Roberty  in  tie  classification  of  the  special  socW 
sciences.— "Z«  ^oczo/oj-tV,"  p.  113. 


1 


Thb  Sbcondary  Probudii.  75 


religious  conadoHiwni  and  public  polity,  are  due,  and  it  is  the 
reaction  of  literature  and  philoaophy,  of  woiahip  and  polity, 
on  the  mind  of  each  new  generation  that  develops  its  type 
of  personality.  Accordingly,  we  may  aay  that  the  ftinctioa 
of  social  organization,  which  the  sociologist  must  keep  perrial- 
ently  in  view,  is  the  e\'olution  of  personality,  through  ever 
higher  stages  and  broader  ranges,  into  that  wide  inclustoa 
and  to  that  high  ideal  quality  that  we  name  humanity. 

Therefore,  at  every  step  the  sociological  task  is  the  double 
one — to  know  how  social  relations  are  evolved,  and  hofvr, 
being  evolved,  they  react  on  the  devdopment  of  person- 
ality.*  Put  in  yet  another  way  we  may  say  that  one  object 
of  sociology  is  to  learn  all  that  can  be  learned  about  the 
creation  of  the  social  man.  The  bearing  of  this  learning 
upon  the  studies  of  the  economist  and  the  political  theorist 
will  be  well  understood  by  all  who  have  followed  the  recent 
progress  of  political  philosophy.  The  **  economic  man  **  of 
the  Ricardians  still  lives  and  has  hU  useful  work  to  do; 
pace  our  scienti6c  lagos,  who  aver  that  they  have  looked 
upon  the  world  these  four  times  seven  ycari,  and  have  ne\<er 
yet  "found  man  that  knewhow  to  love  himself."  Not  so 
the  natural  man  of  Hobbes,  whose  singular  state,  as  de- 
scribed in  the  LcviafAam,  "  was  a  eoodhfoo  of  war  of  every 
one  against  every  one."  but  who  neverthekM  **  covenanted  " 
with  his  neighbor.  That  whole  dass  of  ideas,  and  all  the 
theories  built  upon  them,  in  which  man  was  liAad  out  ef 
his  sodal  relations — in  which  the  individtial  was  coucdfed 
as  an  tmcompromising  egoist,  existing  prior  to  society  and 
rdnctantly  bringing  himself  to  join  a  social  combinatioo  as 
a  necessary  evil— arc  giving  way  before  a  aoonder  knoiwl- 
edge.  Instead  of  those  notions,  a  conception  of  man  as 
essentially  and  natumlly  social,  as  created  by  his  sodal  rela- 
tionships and  exi.Hting  ^9ta  man  only  in  virtue  of  them,  will  be 
the  starting-point  of  the  political  theorising  of  coming  ycark 

•  TW  work  oriatoTpfvtlas 
potetoTvlMrlMd 


CHAPTER  VI. 

THE  METHODS  OF  SOCIOLOGY. 

We  come  now,  finally,  to  the  question  of  the  methods  andj 
mental  habits  that  are  required  in  sociological  research.  Is* 
it  possible  to  find  under  the  actual  conditions  of  university 
life,  the  mental  qualities  and  to  develop  the  methods  that 
must  be  relied  on  ?  Indeed,  are  we  not  confronted  here  with 
a  very  serious,  perhaps  an  insuperable  difficulty  ?  The 
specializing  tendencies  of  modem  research  are  due  quite  as 
much  to  mental  limitations  as  to  the  distinctness  of  the 
inquiries  pursued.  I  am  not  sure  that  this  subjective  fact, 
rather  than  any  objective  feature,  is  not  more  and  more 
determining  the  grouping  or  classification  of  the  sciences  for 
university  purposes.  Subjects  are  grouped  together  in 
schools  or  departments  that  call  for  the  same  or  similar  apti- 
tudes, and  are  pursued  by  the  same  or  similar  methods.  If, 
then,  a  science  is  allied  by  its  subject-matter  with  knowl- 
edge of  one  kind  while  its  method  is  necessarily  one  by 
which  we  discover  knowledge  of  a  very  difierent  kind,  its 
chances  of  winning  the  favor  of  students  are  small.  If 
sociology  is  of  interest  chiefly  to  students  of  the  economic, 
political  and  moral  sciences,  but  must  be  developed  by 
methods  with  which  they  are  little  familiar,  any  hope  of 
establishing  it  securely  as  a  university  study  might  as  well 
be  abandoned.  Of  course  we  may  premise  that  the  success- 
ful pursuit  of  any  modem  science  requires  a  fairly  broad 
range  of  intellectual  sympathies.  Every  science  is  in  some 
measure  dependent  on  many  other  sciences  for  both  concepts 
and  methods.  Its  devotees  cannot  be  wholly  unfamiliar 
with  the  instruments  or  modes  of  reasoning  employed  by 
their  co-workers  in  other  fields.  Yet  every  science  has  also 
a  method  or  methods  that  are  peculiarly  its  own  and  are 
mastered  only  through  systematic  training.  Sociology  is 
no  exception.     It  draws  largely  from  biology,  largely  also 

(76) 


Tbr  MrrBODs  or  SoaouwT.  77 


from  history.  Slirtrtict  it  oiet  to  fircdy  that  many  writen 
hold  it  to  be  an  open  queition  whether  sociology  and  statis- 
tics are  anything  ebe  than  different  names  for  the  same 
science,  or,  at  the  moiit.  slightly  different  forms  of  what  is 
practically  the  same  body  of  knowledge.  Yet  if  I  have 
rightly  stated  the  problems  of  sociology,  all  these  means  of 
research  are  subordinate.  The  diief  dependeaoe  must  be  00 
a  skillful  employment  of  psydbological  synthciis.  Using  the 
faculty  of  scientific  imagination,  the  sociologist  must  ideally 
put  together  the  various  elements,  forces,  laws,  of  p8>'chical 
life;  and  then  bring  the  whole  result,  as  an  organic  unity, 
to  the  test  of  comparison  with  historical  {Bda  and  statistical 
tabulations.  His  procedure  must  not  only  reverse  the  pro- 
cesses of  ordinary  pasrchology ,  by  whidi  that  ooncrcte  whole, 
the  individual  ^tf,  is  resolved  into  hypothetical  elements 
and  modes  of  activit>':  it  must  likewise  reverse  a  radically 
unscientific  procedure  that  for  years  has  obtained  in  the 
political  sciences.  After  resolving  human  nature  into 
abstractions,  we  have  attempted  to  verify,  timg^fy  and 
sevenUJjt,  all  manner  of  dednctions  therefrom  by  a  direct 
comparison  with  statistics  and  histor>',  as  if  these  concretes 
could  by  any  possibility  cofieapoud  to  deductive  truths 
until  the  latter  had  beoi  wrooght  together  into  complex 
wholes.  Of  a  score  of  iUtutratioas  that  might  be  cited,  take 
the  ooce  fiuniliar  economic  dogma,  that  if  a  laborer  does  not 
pursue  his  inteiest,  his  interest  will  none  the  less  pamit 
him,  against  which  President  Walker  has  so  e0Krti\*c!y  mar- 
shaled the  concrete  facts  of  industrial  life.  Filled  with 
indignation  at  the  mischief  whidi  that  dogma  has  done,  we 
have  said  too  hastily  that  all  dedocthre  ecooomici  ia  a  Ik. 
For  that  very  dogma,  as  a  aiagle  abitnci  truth,  was  a  Talid 
scientific  conclusion;  because  it  b  certainly  legitimate  to 
separate  an  abstract  principle  of  Immtn  nature  from  all 
other  abstract  prindplca  and  to  draw  logical  dedtictiooa 
finom  it  The  fallacy  entered  when  the  single  truth  was 
taken  for  a  synthesis  of  truths;  whca  the  part  was  made  to  do 
duty  for  the  whole.    If  bcaidca  the  piemise  that  man  anj 


78  Annai^  of  the  American  Academy. 

be  abstractly  conceived  as  a  competitor  with  his  fellow-men 
■for  economic  advantage,  the  economists  had  made  use  of 
the  further  premise  that  we  may  also  abstractly  conceive  of 
him  as  an  instinctive  combiner  with  his  fellow-man  for 
maintaining  class  power  and  privilege,  they  would  have 
drawn  not  only  the  deduction  that  employers  must  compete 
with  one  another  in  building  up  industries,  but  the  further 
deduction  that,  as  far  as  possible,  they  will  refrain  from 
competing  against  one  another  in  buying  labor,  and  will 
never  fail  to  stand  together  in  shaping  the  social  and  legal 
conditions  under  which  laborers  must  sell  their  work.  The 
two  deductions  put  together  would  have  afforded  a  resultant 
truth  not  very  unlike  the  concrete  facts  of  history  and  sta- 
tistics. Working  by  the  method  of  psychological  synthesis, 
the  sociologist  is  constantly  on  the  watch  for  neglected  or 
unperceived  factors  in  human  action,  as  the  chemist  for 
undiscovered  elements,  and  by  putting  them  together  in 
every  imaginable  way  he  tries  to  discover  the  conditions  and 
laws  of  their  combination.  Regarded  on  its  disciplinary 
side,  sociology  is  pre-eminently  the  science  that  may  be 
expected  to  train  its  students  in  habits  of  constant  attention 
to  the  psychical  possibilities  of  the  great  world  of  human 
struggle,  in  which  we  act  and  suffer  and  enjoy. 

Viewing  the  science  and  its  method  in  this  way,  I  do  not 
hesitate  now  to  give  an  affirmative  answer  to  the  question 
whether  students  of  the  political  sciences  can  be  expected  to 
master  the  method  that  has  been  described.  I  am  prepared 
€ven  to  go  further,  and  to  affirm  that  there  is  no  other  one 
thing  in  the  whole  range  of  their  possible  studies  which  it  is 
so  imperatively  necessary  that  they  should  master.  The 
young  man  who  is  to-day  entering  upon  the  special  researches 
of  economics  or  public  law  will  quickly  discover  that  he  must 
become  a  very  critical  observer  of  the  psychological  assump- 
tions underlying  those  sciences  if  he  expects  to  keep 
pace  with  their  future  progress.  The  prolonged  contro- 
versy over  the  respective  merits  of  deductive  and  his- 
torical   methods    is    approaching    an    issue    that    no  one 


Thb  Mbthods  op  SocioLor.v, 


79 


foresaw.  I  think  no  one  wiii  contradict  mc  if  I  aay  that 
the  men  who,  a  doaen  or  fifteeo  ycftfs  ago,  expected 
almost  unlimited  additions  to  knowledge  from  the  appli- 
cation of  historical  icaearches  to  political  and  ecoooinic 
questions,  have  been  not  a  little  disappointed.  There  is  an 
tinmistakable  reaction  all  along  the  line  toward  the  freer 
employment  of  analysis  and  deduction.  But  these  methods 
can  never  again  be  osed  in  quite  the  old  way.  It  is  seen  by 
everybody  that  the  basis  of  investigation  mtist  be  widened; 
that  innumerable  facts  must  be  taken  into  account  that  were 
once  ignored.  Is  it  not  significant  that  while  this  conclusion 
has  been  slowly  forcing  itself  upon  scientific  attention,  a  new 
life  has  been  actually  infused  into  theoretical  studies  by  men 
who  have  approached  them  from  the  psychological  side? 
Without  raising  any  question  of  the  final  value  of  the  con- 
tributions made  to  economic  theory  by  Jevons  and  Menger 
and  their  foUowejs,  I  think  we  mtist  all  admit  that  we  owe 
to  their  re-examination  of  the  paydiological  premises  of 
political  economy  the  firesh  impulse  that  Is  making  itadf  felt 
in  every  department  of  economic  spectilation.  Much  the 
same  sort  of  thing  may  be  affirmed  of  oomparative  jmriapni- 
dence.  Five  years  ago  one  wonld  have  said  that  the  doc- 
trine of  natural  rights  was  boned  be>*ond  resorrectioth  Yet 
of  late  it  has  been  again  discussed  on  both  tidca  of  the 
Atlantic  with  more  originality  and  mote  Tigor  than  at  any 
pccviona  time  since  the  closing  days  of  the  eighteenth  cen- 
tmry.  But  here  again  the  new  view  is  not  like  the  old. 
SBstorlcal  researches  having  ahown  the  cucptisl  idativity 
of  aU  systems  of  right,  the  inquiry  b  now  as  to  the  mbtec- 
tive  or  psychological  baab  of  the  historical  S3r8tenis.  No  doubt 
the  doctrine  that  wHl  emeige  win  be  very  unlike  the  eight- 
eenth century  notions,  but,  be  that  as  it  may,  the  oooyiction 
is  gaining  groond  that  the  farther  prugiess  of  the  sciences  of 
public  law  will  depend  greatly  on  a  more  thocoogh  study  of 
tlie  paydiology  of  law.  And  public  law  and  ecooomica  are 
but  two  out  of  many  sciences  that  are  gnNtuded  in  todal  pa>*- 
cholog>*.    They  all  build  on  pqrdiotogioil  ■iiinptlnna,  tad 


So  AnnaIvS  of  the  American  Academy. 

the  assumptions  are  either  true  or  imaginary.  The  phan- 
tasms and  symbols  of  an  imaginary  psychology  have  ruled 
the  social  sciences  long  enough.  Whether  we  like  it  or  not 
we  must  now  throw  over  our  illusions  and  learn  to  substi- 
tute for  them  the  truths  of  a  rational  sociology. 


to  THS 

KRAU  or  niS  AMWItCAH  ACAOCMV  0»  PounCAI.  AKD  SOCtAL  SCUVCB 

.    ««94. 


CONSTITUTION 


CINGDOM  OF  PRUSSIA 


TmAMSLATSD  AND  ftOPFUSD 


AN   INTRODUCTION   AND    NOTES 


JAMES   HARVEY   ROBINSON,  PH.D., 


or  nmora**  mmnmv  tn  ras  trnnmuurv  or  rntiwTtvAinA. 


PHILADELPHIA  : 
AMERICAN  ACADEMY  OF  POUTICAL  AND  SOOAL  SaENCC 


I 


NOTE. 


This  Constitution,  by  means  of  the  numbers  at  the 
bottom  of  the  pages,  is  paged  continuously  with  the 
Constitution  of  the  United  States  of  Mexico,  which  was 
the  first  paper  in  Volume  II  of  the  Annai^,  and  was 
issued  in  a  separate  edition  as  No.  27  of  the  Publications 
of  the  Academy,  the  Constitution  of  the  Republic  of 
Colombia,  which  was  sent  as  a*  Supplement  to  the  Jan- 
uary, 1893,  Annai^,  and  was  also  issued  as  No.  79  of 
the  Publications  of  the  Academy,  and  the  Constitutional 
and  Organic  I^aws  of  France  which  were  sent  as  a  Sup- 
plement to  the  March,  1893,  Annals,  and  were  also 
issued  as  No.  86  of  the  Publications  of  the  Academy. 


OUTUNB  OP  CONTENTS  * 

PRBAMBLB. 
Tmji  I.— Tbs  TxARrroav  ov  tbs  Stati. 
Aaticls. 

t.  Rxtent  of  territory. 

a.  Alteration  of  bottndaricai 

Trrui  IL— Thx  Rights  or  Pbossiajo. 

5.  Ao^airing.  exerdiing  and  forfeiting  the  rights  of  a 

cittien. 
4.  Univcnnl  cqnaUtj  bdbce  the  Uw. 

r 


7.  RIgbt  to  Inwftd  triiO*    BnpdonAl  triali  forbidden. 

8.  Unlawftal  jMuiehment  forbiddta. 

9.  InviolabOny  of  property. 
10.  Ciril  death  aad  oonfiacation  forbidden. 
It.  Krecdom  of  emigration. 
I  a.  ReliffkMis  freedom. 

13.  Acgmrement  of  conwrata  right»  by  rcligjoni  •ocictica. 

14.  Chrbtiaa  religion  tba  Stata  laUgloo. 
i5.i6.i^pMM. 

17.  Chofch  palionagcu 

18.  ReptML 
i^  CiTUmarriaga. 
xx  Freedom  of  flCiMMiu 
ai.  Pnblic  education, 
aa.  Freedom  to  _ 
aj.  Stata  tapenriaon  of  aanoHlonal  iManlMMML    Ril^ti  vml  aanta 

oftmcbcm 
a4.  KaHfloBi  iitiMtihai  In  pabUeMhoaliL    llaM«amMftofaehool 


adoentional  Uw. 


2: 

a7.  Ffeadomof>peachand<)f  the 


.  of  oAnom  by  wd«  writing  or  printing. 
39.  Right  of  amMiblr  in-door*.    Riatiictlani  on  open-air  maatinffc 
yx  Right  of  amoriafton     R^alation  by  tha  law.     PoUtkal  amo- 


31.  Corponita  ifanta*  x 
u.  Right  to  ptmon. 
^  InviotiMfityoftha 


he*  bM«  prtpertd  by  tlM  Mlta*  of  ClM  AmtAta. 
[•99] 


Annai^  of  the  American  Academy. 


34.  Compulsory  military  service. 

35.  Composition  of  the  army. 

36.  Employment  of  the  military  power. 

37.  Army  courts-martial.     Military  discipline. 

38.  Army  assemblies  forbidden. 

39.  Application  of  Articles  5,  6,  29,  30  and  32  to  the  army. 

40.  As  amended.     Feudal  tenures  forbidden.      Feudal  bonds  dis-J 


41. 
42. 


solved. 
As  amended. 

Article  40. 
As  amended. 


Crown  fiefs  and  foreign  fiefs  not  affected  bj 


I.    Right  of  certain  land-owners   to  exerc 
judicial  power  abolished.     2.  Manorial  and  serfage  obligationj 
abolished.     Also  counter  services  and  burdens. 


TiTi^E  III.— The  King. 

43.  Inviolability  of  the  kind's  person. 

44.  Responsibility  of  the  ministers. 

45.  The  king  the  sole  executive.     Appointment  of  ministers.    Pro^ 

mulgation  of  laws. 

46.  The  king  the  commander-in-chief. 

47.  Powers  of  appointment  in  the  army  and  public  service. 

48.  Declaration  of  war.     Treaties  of  peace.     Commercial  treaties. 

49.  Pardoning  power.     Exception  in  case  of  a  minister.     Suppres 

sion  of  inquiries  forbidden. 

50.  Conferring  of  orders  and  distinctions.     Right  of  coinage. 

51.  Convoking  and  dissolving  the  chambers.     New  elections. 

52.  Right  to  adjourn  the  chambers! 

53.  Succession  to  the  crown. 

54.  Majority  of  the  king.     Oath  of  the  king. 

55.  King  forbidden  to  rule  forei^  realms. 

56.  Regency  in  case  of  king's  minority. 

57.  Election  of  a  regent.     Government  by  the  Ministry  of  Sta1 

58.  Powers  and  oath  of  the  regent. 

59.  Annuity  from  forests  and  domains. 


TiTi,E  IV.— The  Ministers. 


60. 
61. 


62. 


Legislative  rights  and  duties. 
Impeachment  of  ministers. 


T1T1.E  V.  -The  Chambers. 


Legislative  power  vested  in  king  and  two  chambers.     Money 
bills  and  budgets. 

63.  Special  ordinances  during  adjournment  of  chambers. 

64.  Right  to  introduce  bills.     Rejected  bills. 
As  amended.    Formation  of  first  chamber.    King's  power 

appoiutment. 
As  amended.    Number  of  second  chamber.    Electoral  districts. 
Qualifications  of  primary  voters.     Restriction  to  one  vote. 
Method  of  choosing  electors.     Qualifications  of  electors. 
Election  of  deputies. 
As  amended.     Term  of  deputies. 

[200] 


65-68. 


69. 
70. 

71. 
72. 

73. 


Outline  or  CoimorTB.  5 

74.  Atmmtmd^.    QnaUAcatioatofdtpBtitiL 

75.  BtoctioBofniwrUmtwi  B|gibflgyofimnihmferm.<kctkm. 

76.  At  tmgndtd,    AaaoalMHloML    Dbte  of  mwHng 

77.  Opening  and  dodflg  of  the  duunbcfiL    Micfitjf  for  both  to  fit 

•t  oocc 
Tft.  CredentiAU  of  mtiBtwm.    Rntea.    Bloction  of  oAcert.    Risht 
of  fniblic  oAocn  to  eater  dMmbtr.    LoMof  ■cetbyepMuit- 
nent  to  incther  oflce.     No  pcmn  to  be  e  Member  of  both 


K  Public  end  private 
A%*mund. 

for  a  majontT  or  votca.    A  ononun 
81.  AddreMea  to  die  king  frotn  the  chamhw      Pctitiona  to  the 


At  mmend^d,     A  ononun  of  the  chamber  of  depotkiL     Need 
for  a  majontT  of  votca.    A  ononun  of  the ' 


chambem    Right  to  obtain  infonaetioo  from  the  miniitefB, 
Sa.  Commjiaiona  of  inonirjr. 
4s.  Membeta  not  bound  1^  inetractkmib 

84.  Inunnnitj  of  debate.     Preedot  froaa  eneiL    fTimifiMini  of 

crteinel  ptoceedixigs  againal  meahfta. 

85.  Salary  of  dcptttien 

TrrLi  VL— Thr  Jvdicia];.  Powim. 

86.  Judicial  power  bow  exerdaed.     I«oe  and  execution  of  jndg- 


87.  Appointment  and  term  of  Jodna.    Removals  and  suepeorioHL 

Trandeia.    Am^mdtmau.    Caeca  of  permimible  demtfaa. 

88.  RiptmUd, 

8^  Oiyanimtioo  of  tribunala. 

91.  OMttilbripedeiciaaMof  cMta. 
9^.  One  aupienie  tftboseL 

93.  PttbUc  tiielii    BaocDlioML 

94.  Atmmtendsd.    Jnrytrielala 


^ 


At  ammdrd.    Spedal  court  for  cawa  of  trcaton. 
~     '  boritT  and  jurisdiction. 

97.  Trials  of  public  offidala. 

Tnxn  VIL— PuBuc  OmctAU  Nor  BsLONomo  to  tbi 
juDtciAi,  Cijiaa. 

98.  Protection  of  euch  officials  ftnoi  dknknL 

Trrui  VIII.    Tn  PnfAMCsa. 

991  Thebodfit 
loa  CoUodhm  of  taxes. 
101.  Nocnmplioa 
loe.  Peea  levied  by 
103.  Stale  hMMw 


Trrui  UL-TwM  OoMMUimi.  Cimciim^  DttrucTi  ajto 
PBOTWctAt.  Bootn. 
IQS.  Atmmemdtd,  Repceaentatlott and  edminiatntko of  nch  bodkin 

[aoi] 


Annai^  of  thk  American  Academy. 

GENERAiy  Provisions. 

106.  Publication  of  laws  and  ordinances.     Examination  of  the  va- 

lidity of  laws. 

107.  Amendment  of  the  constitution. 

108.  Oath  of  members  of  the  chambers.     Army  free  from  the  oath. 

109.  Existing  taxes  and  laws  to  continue  in  force. 

no.  Continuation  of  administrative  authorities  in  office. 

111.  Suspension  of  certain  articles  in  time  of  war. 

Temporary  Provisions. 

112.  Educational  matters. 

113.  Oflfences  by  word,  writing,  printing,  etc. 

114.  Repealed. 

115.  Election  of  deputies. 

116.  Combination  of  the  two  supreme  tribunals. 

117.  Claims  of  officials  with  permanent  appointments. 

118.  Alterations  to  conform  with  the  German  federal  constitution. 

119.  Date  for  taking  oath. 


I 


A  BRIEF  SKETCH   OF  THE  ORIGIN   AND 

NATURE  OF  THE  PRUSSIAN 

CONSTITUTION. 

I. 
The  development  of  an  unlimited,  centralized  mon- 
archy  was  seemingly  inevitable  in  Prussia,  since  the 
growth  of  this  state  is  almost  solely  attributable  to  a 
line  of  remarkably  able  monarchs  who,  since  the  House 
of  Hohenzollern  was  granted  the  then  comparatively 
insignificant  Mark  Brandenburg,  early  in  the  fifteenth 
century,  have,  by  their  personal  wit  and  fortune,  first 
acquired  and  then  consolidated  an  ever  widening  terri- 
tory. When  the  Great  Elector  succeeded  at  the  close  of 
the  Thirty  Years^  War  in  bringing  his  disordered  lands 
again  under  the  royal  control,  we  find  the  Prussian  terri- 
tories consisting  of  three  groups  of  States:  Brandenburg 
and  the  adjacent  lands;  Prussia,  at  that  time  far  to  the* 
east  of  the  other  possessions  of  the  elector;  and  finally 
the  Rhine  lands  of  Cleves,  Mark  and  Ravensberg. 
"  All  these  numerous  principalities  had  their  own  sepa- 
rate constitutions  which,  in  the  main,  granted  the  ruler 
only  the  most  restricted  powers.  No  common  political 
institutions  existed.  The  Brandenburger  was  a  foreigner 
in  Prussia,  while  in  Brandenburg,  on  the  other  hand,  the 
Rhinelander  from  Cleves  or  the  Westphalian  from  Minden 
was  denied  the  title  of  citizen.  The  bond  of  union  for 
all  these  lands  and  peoples  was  the  ruler.  He  alone 
could  furnish  a  nucleus  around  which  the  future  state 
might  crystallize.  Hence  the  political  stnicture  had 
inevitably  to  be  reared  upon  a  monarchical  foundation. 
The  consolidation  of  the  state  necessarily  involved  a 

[203] 


8  Annals  of  the  American  Academy. 

struggle  with  the  particularism  of  the  estates  of  the 
various  realms,  in  so  far  as  their  overgrown  prerogatives 
came  into  conflict  with  the  essential  unity  of  the  state.  "^ 
The  concentration  of  all  the  power  of  the  state  in  the 
hands  of  the  ruler  was,  however,  only  brought  about  by 
the  most  disastrous  concessions  to  the  nobles.  In  return 
for  the  surrender  of  their  political  rights  and  influence, 
their  privileges  of  rank  were  increased,  and  the  peasant 
was  left  completely  at  their  mercy.  The  lamentable 
social  conditions  which  were  the  result,  prevailed  down 
to  the  disaster  of  Jena  (1806),  when  utter  defeat  and 
threatened  annihilation  roused  even  Frederick  William 
III.  to  agree  to  a  project  of  reform.  With  Stein's  Edict 
of  Emancipation  (1807)  and  the  later  reforms  carried  out 
by  Hardenberg,  the  worst  abuses  of  the  social  and 
industrial  organization  were  abolished,  and  a  prospect 
of  political  regeneration  appeared  in  the  promises  of  the 
king,  who  announced,  as  early  as  1810,  his  intention 
"  to  grant  the  nation  a  suitably  organized  representation 
both  provincial  and  national,'*  of  whose  counsel  he 
would  gladly  take  advantage.  In  a  famous  decree  issued 
five  years  later  (May  22,  181 5),  the  king  went  much 
farther.  A  commission  was  actually  to  be  assembled  at 
Berlin  consisting  of  state  officials  and  inhabitants  of 
the  provinces,  who  were  to  draw  up  a  written  constitu- 
tion providing  not  only  for  a  system  of  provincial 
assemblies  (upon  which  the  king  laid  great  stress),  but 
for  a  national  representation  of  the  people  as  well. 
This  decree  was  never  executed,  however,  nor  were  the 
king's  promises  of  a  constitution  (repeated  again  in 
1820)  ever  fulfilled,  much  to  the  disappointment  of  all 
liberal-minded  men.     Not  only  was  the  king,  together 

»  Schulze,  •*  Das  Preuaische  Staatsrecht,"  Zweite  Aufl.  1. 46.  An  admirably  clear 
account  of  the  development  of  the  Prussian  Kingdom  and  of  the  origin  of  the 
constitution  is  to  be  found  in  this  work,  pp.  24-129. 

[204] 


Sketch  of  the  Prussian  Constitution.  9 

with  a  large  and  influential  reactionary  party  who  hated 
Stein  and  all  his  inventions,  really  opposed  to  a  change, 
but  the  results  of  the  Congress  of  Vienna,  the  influence 
of  Metternich  and  the  exaggerated  fear  of  new  revolu- 
tions all  worked  against  constitutional  progress. 

When  finally  in  1823,  the  king  undertook  the  organi- 
zation of  provincial  assemblies,  he  carried  out  the  plan 
in  a  half-hearted  manner  which  illustrates  the  views 
entertained  by  the  government  at  that  time  in  regard 
to  the  control  of  the  people.  The  tendencies  of  the 
times  were  wholly  neglected,  the  aim  being  to  revive  and 
perpetuate  mediaeval  institutions  which  had  long  ago 
proved  their  inadequacy.  The  plan  was  a  strange  hybrid 
of  Romanticism  and  of  the  modem  bureaucratic  ideals 
of  an  absolute  monarchy.  Instead  of  encouraging  the 
feeling  of  nationality  among  his  subjects  the  king  did 
everything  to  foster  a  provincial  narrowness  quite  nat- 
ural among  the  somewhat  varied  groups  of  people  which 
the  Prussian  state  comprises.  Moreover,  the  people 
were  divided  into  social  classes,  nobles  (Herren)^  knights, 
burgesses  and  peasants,  and  the  possession  of  landed 
property  alone  entitled  a  citizen  to  representation  in  the 
assembly  of  his  province.  The  modem  conception  of 
citizenship  as  well  as  that  of  nationalit)'  was  not  recog- 
nized, but  the  mediaeval  system  of  separate  classes  of 
society  or  estates  {Stande)  was  sanctioned,  each  of  which 
was  supposed  to  have  its  own  peculiar  interests,  and 
voted  separately  in  the  assemblies.  A  more  helpless 
and  insignificant  organization  can  hardly  be  conceived 
There  was  no  security  for  a  periodical  convocation  of 
the  estates.  No  report  was  to  be  made  to  them  of  the 
purposes  to  which  the  state  funds  were  applied.  They 
could  not  even  exercise  the  right  of  petition  freely. 
Finally  their  main  function,  that  of  expressing  an  opinion 

[205] 


lo  Annai^  of  the  American  Academy. 

upon  proposed  laws,  was*  mucli  less  important  than 
would  at  first  sight  appear,  for  from  the  opinions  offered 
by  eight  uncorrelated  assemblies,  the  government  would 
have  little  difiiculty  in  selecting  those  expressions  which 
accorded  with  the  views  of  the  ministers. 

II. 
THE  ORIGIN  OF  THE  PRUSSIAN  CONSTITUTION. 
When  in  1840,  Frederick  William  III.  died,  and  his 
son,  Frederick  William  IV.  ascended  the  throne,  great 
hopes  were  entertained  that  Prussia  would  soon  be  num- 
bered among  the  already  numerous  constitutional  states 
of  Germany.  The  new  king,  however,  regarded  the 
development  of  the  institutions  just  described  as  the 
only  legitimate  mode  of  progress.  By  a  system  of  com- 
mittees appointed  by  the  individual  provincial  assem- 
blies, and  which  were  to  come  together  and  confer  upon 
points  in  regard  to  which  the  several  assemblies  were  at 
variance,  the  king  flattered  himself  that  '*  an  element  of 
unity"  could  be  given  to  the  whole  Prussian  people 
without  a  dangerous  approach  to  revolution.^  A  few 
years  later  another  cautious  advance  was  made  in  the 
establishment  (February  3,  1847),  ^^  ^  so-called  United 
Diet  (Vereinigter  Landtag).  This  consisted  of  all  the 
members  of  the  eight  provincial  assemblies,  and  was 
composed  of  two  houses — a  house  of  lords  and  a  second 
chamber  comprising  the  three  estates  of  the  knights, 
burgesses  and  peasants.  It  is  unnecessary  to  describe 
this  institution  in  detail,  for  no  sooner  had  the  United 
Diet  met  at  Berlin  in  April,  1847,  ^^^^  i^  became  appar- 
ent that  the  concessions  of  the  king  were  looked  upon 
by  the  people  as  in  no  respect  a  fulfillment  of  the  earlier 

» These  committees  met  but  twice,  October  to  November,  184a,  and  in  January, 
1848. 

[206] 


Sketch  of  thk  Prussian  Constitution.  ii 

promises  to  give  Prussia  a  modem  constitution.  The 
assembly,  soon  after  it  was  opened,  sent  an  address  to 
the  king  setting  forth  this  view.  The  king  replied, 
that  while  he  regarded  the  system  he  had  just  intro- 
duced as  unimpeachable  in  principle,  it  need  not  be 
looked  upon  as  complete,  but  rather  as  susceptible  of 
development. 

The  lower  house  especially  was  dissatisfied  with  the 
attitude  of  the  king.  They  demanded  that  the  United 
Diet  be  assembled  periodically,  and  consulted  on  all  pro- 
posed legislation  affecting  the  rights  of  person  or  prop- 
erty, as  well  as  in  the  imposition  of  taxes.  They  asked 
farther,  that  only  with  its  consent  should  new  loans  be 
contracted  by  the  state,  or  any  alteration  of  the  constitu- 
tion take  place.  These  and  a  number  of  equally  mod- 
erate demands  were  refused  by  the  king.  In  spite  of 
this  seemingly  fruitless  session  of  the  new  assembly,  the 
event  was  an  important  one.  For  the  first  time  repre- 
sentatives of  the  whole  Prussian  people  had  met  together 
as  a  national  whole  and  publicly  discussed  the  organi- 
zation of  the  state  and  demanded  an  abandonment  of  the 
mediaeval  ideas  cherished  by  their  ruler.  Had  the  king 
granted  the  moderate  reforms  which  the  people  had  at 
heart,  the  difficult  transition  from  an  absolute  to  a  con- 
stitutional monarchy  might  easily  have  been  made.  Be- 
fore a  year  had  elapsed  the  February  revolution  in  Paris 
and  the  consequent  excitement  in  Germany  rendered  the 
king^s  position  no  longer  tenable. 

In  March,  1848,  the  king  consented  to  meet  the  de- 
mands of  the  nation,  and  issued  an  election  law  provid- 
ing for  the  choice  of  deputies  to  a  constitutional  con- 
vention. In  the  tenns  of  this  decree  we  find  a  great 
advance  is  made,  for  the  modem  idea  of  national  repre- 
sentation takes  the  place  of  the  mediaeval  conception  of 

[207] 


12  Annals  of  the  American  Academy. 

class  representation.  The  feudal  estates  of  the  realm 
receive  no  farther  recognition.  Every  male  citizen  over 
twenty-five  years  of  age  is  given  the  right  to  participate 
in  the  choice  of  electors,  who  in  turn  are  to  choose  the 
deputies  to  the  Constitutional  Assembly.  When  the 
convention  met  May  22,  1848,  the  king  laid  before  them 
a  sketch  of  the  new  constitution.  In  this  he  leaves  his 
former  position  entirely,  and  declares  that  **  the  future 
representation  of  the  people  shall  in  any  case  have  the 
right  to  approve  or  reject  all  laws,  grant  all  taxes  and 
ratify  the  provisions  of  the  budget."  The  convention 
appointed  a  committee  to  consider  this  draft,  suggest 
emendations  and  receive  propositions  relating  to  the 
constitution.  The  committee,  after  about  six  weeks  of 
deliberation,  submitted  a  new  draft  July  26,  which  was 
first  considered  separately  by  the  eight  divisions  into 
which  the  convention  was  divided  according  to  provinces, 
and  then  by  the  body  as  a  whole.  Continued  disturb- 
ances in  Berlin,  where  the  convention  was  sitting,  pro- 
duced a  disagreement  between  the  assembly  and  the 
government  on  those  provisions  which  related  to  the  civic 
guard  and  the  police  force  of  the  capital.  When  the 
discussion  in  the  committee  of  the  whole  began  on 
October  12,  the  left  wing  of  the  assembly  showed  that 
it  was  really  in  power.  The  expression,  for  example, 
**by  the  grace  of  God,"  at  the  beginning  of  the  consti- 
tution was  stricken  out,  and  resolutions  passed  looking 
toward  a  complete  abolition  of  the  nobility.  The  king 
was,  moreover,  requested  to  send  aid  to  the  inhabitants 
of  Vienna,  at  that  time  besieged  by  Imperial  troops. 
The  mob  in  the  streets  of  Berlin  having  threatened  the 
members  of  the  right  with  violence,  the  king  ordered 
the  transfer  of  the  assembly  to  the  neighboring  city  of 
Brandenburg.     The  radical  members  protested  and  were 

[208] 


Sketch  of  the  Prussian  Constitution.  13 

scattered  by  the  military  force,  and  Berlin  declared  in  a 
state  of  siege.  The  quorum,  which  had  at  first  assem- 
bled at  Brandenburg,  rapidly  decreased,  and  on  Decem- 
ber 5  the  king  dissolved  the  constitutional  convention, 
and  promulgated  the  so-called  **  octroyed  "  *  constitution 
of  December  5,  1848.  This  action  on  the  part  of  the 
king  was  justified  expressly  on  the  ground  that  the  con- 
templated agreement  upon  the  form  of  government  had, 
owing  to  circumstances,  proven  to  be  impracticable.  It 
was  farther  maintained  that  the  constitution  as  granted 
was  drawn  up  with  the  greatest  possible  regard  for  the 
wishes  expressed  by  the  representatives  of  the  people 
during  their  deliberations. 

It  was  provided  in  the  constitution  that  immediately 
after  the  regular  assembling  of  the  chambers,  the  text  of 
the  instrument  should  be  submitted  to  a  revision,  observ- 
ing the  usual  forms  of  legislation.  On  February  26, 
1849,  the  new  chambers  met  and  after  formally  recog- 
nizing the  constitution  drawn  up  by  the  king  as  the 
law  of  the  land,  proceeded  to  subject  it  to  the  contem- 
plated revision.  The  interesting  crisis  which  the  Ger- 
man Confederation  had  reached  at  this  period  could  not 
fail  to  exercise  an  important  influence  upon  Prussia. 
The  lower  house  of  the  new  parliament  showed  itself 
recalcitrant  upon  certain  points  relating  to  the  proposed 
Federal  constitution,  and  was  dissolved  by  the  king. 
This  event  had  an  important  result  The  election  law, 
issued  at  the  same  time  as  the  constitution,  which 
granted  the  right  of  suffrage  equally  to  all  adult  males, 
was  materially  modified  upon  this  occasion  and  the 
peculiar  three  class  system  of  choosing  electors  intro- 
duced,   which    exists    to-day.*       This    innovation   was 

1  Prom  the  French  octroyer,  to  errant,  used  in  the  case  of  the  Charter  granted  by 
Louis  XVIII.  in  1814. 
>  See  Art.  71  of  the  Constitution. 

[209] 


14  Annai^  of  the  Amkrican  Academy. 

accepted  by  the  chambers  when  they  were  somewhat 
tardily  convened  by  the  king  in  August.  They  then 
proceeded  once  more  to  the  revision  of  the  constitution, 
article  by  article.  By  the  middle  of  December  a  draft 
was  agreed  upon  and  submitted  to  the  king.  The  latter 
suggested  a  series  of  alterations  for  the  improvement  of 
the  constitution,  which  were  after  some  consideration 
accepted  in  the  main  by  both  chambers.  On  January 
31,  1850,  a  royal  message  declared  the  proposed  revision 
of  the  constitution  to  be  complete  and  the  document  in 
its  modified  form  was  promulgated  in  the  official  organ 
as  "  the  fundamental  law  of  the  land."^ 

The  marked  contrast  which  exists  between  the  origin 
of  the  Prussian  constitution  and  that  of  our  own  will 
strike  every  reader.  In  considering  the  document  before 
us  it  is  not  difficult  to  distinguish  two  divergent  lines 
of  thought.  There  exists  an  obvious  compromise  in  this 
repeatedly  revised  text  between  the  claims  of  modern 
popular  government  and  of  the  former  absolutism,  the 
adherents  of  which  took  new  courage  during  the  reaction 
which  coincided  with  the  final  revision.  The  theories 
of  the  extreme  advocates  of  both  of  these  opposed  con- 
ceptions of  the  state  were  equally  impracticable.  Eng- 
land's system  of  cabinet  government  was  as  little  appli- 
cable to  Prussia  as  Frederick  William's  favorite  mediaeval 
estates.  A  compromise  between  the  two  was  inevitable. 
The  past  could  not  but  exercise  a  determining  influence 
upon  the  result,  nor  could  the  recent  democratic  tenden- 
cies, during  the  two  years  of  deliberations,  fail  to  modify 
the  outcome.  Once  at  least  since  the  granting  of  the 
constitution,  the  king  has  felt  himself  justified  in  vio- 
lating its  provisions  in  order  to  carry  out  a  plan  which 

»Thc  various  changes  which  took  place  in  the  successive  drafts  of  the  constitu- 
tion of  1850  are  to  be  found  in  great  completeness  in  I^.  v.  Ronne's  '*  Die  VerfaS' 
sungi  Urkundef&r  tUn  Preussischen  Siaat,"  Dritte  Aufl.,  Berlin,  1859. 

[210] 


I 


Sketch  of  the  Prussian  Constitution.  15 

he  rightly  believed  to  be  of  the  utmost  import,  not  only 
to  Prussia,  but  to  all  Germany.  In  general,  however, 
the  king  retains  a  sufficiency  of  power  to  enable  him 
to  promote  his  ends  without  a  formal  breach  of  the 
constitution.  He  is  still  the  recognized  and  efficient 
head  of  the  state,  in  whom  all  political  powers  are 
vested.  While  in  the  exercise  of  certain  definite  govern- 
ment functions,  he  must  proceed  with  the  co-operation 
of  the  representatives  of  the  people,  he  continues  to  pos- 
sess all  residual  powers  and  nothing  can  legally  be  done 
by  the  government  without  his  consent. 

III. 

GENERAL  CONCEPTIONS  UNDERLYING  THE  PRUSSIAN 
CONSTITUTION. 

The  understanding  of  the  Prussian  constitution 
depends  chiefly  upon  a  firm  grasp  of  the  truth  that 
Prussia  was  an  absolute  monarchy  until  1850,  and  that 
the  present  constitution  was  in  its  essential  features 
drawn  up  by  the  king  himself  as  a  limitation  upon  his 
own  hitherto  absolute  power.  The  constitution  of 
Prussia  is  thus  the  concession  to  the  people  of  a  right 
to  participate  with  the  fonnerly  absolute  ruler  in  the 
conduct  of  the  government.  Obviously  any  general 
analogy  to  our  own  constitution,  either  as  regards  origin 
or  aim,  is  entirely  wanting,  and  only  by  divesting  our 
minds  of  preconceptions  based  upon  our  own  insti- 
tutions and  by  keeping  constantly  in  view  the  funda- 
mental characteristics  of  the  Prussian  constitution,  can 
we  hope  to  gain  anything  from  a  study  of  the  document 
itself. 

Up  to  the  time  the  constitution  went  into  force  the 
officially  announced  will  of  the  king  was  law  in  Prussia. 
He  was  the  sole  legislator,  as  well  as  the  supreme  and 

[211] 


i6  Annai^  op  the  American  Academy. 

uncontrolled  head  of  the  administration.  He  made  the 
laws  and  executed  them.  It  would  therefore  be  but 
natural  to  infer  that  in  conceding  to  the  nation  in  1849 
the  right  to  participate  in  legislation,  the  king  would 
have  acted  with  circumspection  and  with  the  idea  of 
maintaining  to  a  great  extent  his  former  control  of 
affairs.  The  personal  inclination  of  the  king  would  be 
re-enforced  by  the  tendency  of  long  established  institu- 
tions to  perpetuate  themselves  in  spirit  if  not  in  form. 
We  shall,  therefore,  not  be  surprised  to  find  the  former 
governmental  system  constantly  reflected  in  the  pro- 
visions of  the  present  constitution,  and  serving  as  an 
explanation  of  many  of  its  features. 

The  conception  of  kingship  is  obviously  of  the  first 
importance  in  Prussian  constitutional  law.  "  As  in  con- 
stitutional monarchies  in  general,"  v.  Ronne  observes,^ 
"  so  in  the  Prussian  State,  the  right  of  the  supreme 
direction  of  the  state  belongs  exclusively  to  the  king  as 
its  head,  and  no  act  of  government  may  be  performed 
without  his  assent  or  against  his  wall.  All  the  preroga- 
tives of  the  state  are  united  in  his  person  and  his  will  is 
supreme,  the  oflScials  being  only  organs  through  which 
he  acts.  The  constitution,  it  is  true,  does  not  expressly 
set  forth  these  principles,  but  they  have  been  already 
legally  formulated  in  the  Prussian  law,  and  are  more- 
over a  necessary  consequence  resulting  from  the  very 
nature  of  monarchy."  ^ 

The  powers  of  the  king  enumerated  in  the  constitu- 
tion (Title  III)  are  only  a  partial  list  of  those  remaining 
to  him  after  granting  the  constitution.     The  king  does 

»  "  Pfetusisches  Staatsrecht,"  Vierte  Aufl.,  I,  150, 

«  The  clause  here  referred  to,  in  the  ante-constitutional  law  of  Prussia  {Allge- 
meine%  Landreekt  fUr  die  Pruisischen  5/<ia/<»«,  S.  i.  Thl.  2,  Tit.  13),  reads:  "All 
rights  and  duties  of  the  state  toward  its  citizens  and  those  under  its  protection  are 
concentrated  in  the  head  of  the  state." 

[212] 


Sketch  of  the  Prussian  Constitution.  17' 

not  possess,  according  to  German  law,  simply  an  arbi- 
trary aggregate  of  sovereign  rights  conceded  him  by  the 
constitution,  but  "the  whole  and  undivided  power  of 
the  state  in  all  its  plenitude.  It  would,  therefore,  be 
contrary  to  the  nature  of  the  monarchical  constitutional 
law  of  Germany  to  enumerate  all  individual  powers  of 
the  king,  or  to  speak  of  royal  prerogative  .  .  .  his 
sovereign  right  embraces,  on  the  contrar>%  all  branches 
of  the  government  Everything  which  is  decided  or 
carried  out  in  the  state  takes  place  in  the  name  of  the 
king.  He  is  the  personified  pouter  of  Oie  stated  *  The 
king  is,  however,  limited  and  subject  to  control  in  the 
exercise  of  his  power,  and  it  is  the  main  function  of  the 
constitution  to  define  the  limitations  and  the  methods  :» 
of  control. 

The  most  important  change  which  the  establishment  \ 
of  the  constitution  in  Prussia  produced  was  the  admis-  *^ 
sion  of  the  people  to  a  participation  in  legislation.  Up  -' 
to  that  time  the  expressed  will  of  the  monarch  had  not 
only  been  supreme  as  it  still  is,  but  legally  unlimited 
and  all-sufficient  in  the  formation  of  the  law.  This 
ought  never  to  be  forgotten  in  judging  the  Prussian  con- 
stitution. The  legislative  bodies  are  relatively  recent  in 
their  origin,  while  a  long  tradition  of  uncontrolled  legis- 
lative power  remains  to  favor  the  preponderance  of  the 
monarch.  The  representatives  of  the  people  are  not 
placed  upon  the  same  plane  with  the  ruler.  Even  in 
law-making,  we  shall  find  that  the  chambers  are  not 
co-equal  with  the  monarch.  Let  us  examine  then  the 
exact  constitutional  r61e  which  the  people  or  their 
representatives  play  in  Pnissia.  In  what  respects  do 
they  exercise  a  control  over  the  previously  absolute  power 
of  the  monarch?     What  governmental  functions  may 

»  Scbalxe,  "PremssisdUs  Staatsrecktr  Zweite  Aufl..  I,  1^8-9. 


iS  Annals  op  tiii-:  American  Academy. 

the  inoiiarch  >lill  pcrfonn  independently,  and  to  what 
extent  nni-t  he,  aceordiniL;-  to  tlie  constitntion,  regard  the 
\vi>ht,-<  of  the  ehanihers? 

Aeeoi.iin-  to  (Urnian  law,  as  we  have  already  seen, 
••  :;k-  :rr.'.\-  -.ower  of  the  state  is  vested  in  tlie  king,  his 
will  i>  lIk-  will  1)1  the  >tate.  This  is  not,  however,  arbi- 
\\\vr.  .i'.:.\  >ri!)jecti\-e,  l)ut  is  externally  conditioned,  that 
i^  •.<)  <a\ ,  in  liie  most  important  ^governmental  fnnctions 
Ik-  i-  l)o;iiul  \)\  the-  eo-operation  of  independent  organs  of 
w:: :e!i  llie  i ('presentation  of  the  people  is  the  most  im- 
>.rtanL  The  ie])iesciitati\es  of  the  people  ma}-  not  reign 
t!K-msci\-es,  hut  tlirongli  tiieir  action  they  may  inflncnce 
A\\<\  'incet  tile  m)\ernment  in  popular  lines.  They  serve 
.i>  an  intermediar)'  between  ruler  and  rnled."  .  .  .  Ihit 
'•  \\\''  eh.imbers  have  no  part  in  the  power  of  the  state, 
i'i(  \  txcieise  no  eo-ordinate  sovereignty,  no  co-i)}ipcriu}}i. 
.\-  :•!  li\:<!ual  mem])crs  and  as  a  wdiole  they  are  subjects 
of  I'lv  king.  Their  activity  begins  and  ends  by 
a'ltliority  of  the  king,  but  within  their  sphere  they  are 
\y\\'-K-\\\  free.  As  res|)ecLS  the  expression  of  opinion 
and  tlicir  (Kcisions  tlie\'  are  independent  of  anv  ro)'al 
r  i!:;::iand  and  ha\-e  only  to  work  for  the  welfare  of 
y-'-p'.'-  and  >late  according  to  their  convictions.  On 
\\\'-  '.llicr  ]i,u;d  the  king  is  bonnd  to  obtain  their  assent 
.w  *!:  •  e\<r'i>c  of  the  most  im])ortant  fnnctions  of  state. 
M;  's'\'A  in  tlu-  ca>es  detc-rmined  by  the  constitntion 
'•"■  '-.n-^  t':t  full  will  of  the  state,  only  when  it  has 
!'■  •'.•.'■!    ',':.•   ratification    of    the    representatives   of   the 


nation  of  tlie  chambers  is  a  double  one,  wdiicli 

n    tin-    fn>i    ])lacc,  in   so   influencing   the  wdiole 

\\\v  n,o\ai  nmiut  that  in  its  important  acts  and 

it    ina\   obMr\e   the  wishes  of  the  nation   and 


T::--  f 

(  '  ' !  1  ■  I     '    - 
p.ii     •.     o 

m-  i-u! •■ 

■  l] 


Sketch  op  the  Prussian  Constitution.  19 

remain  in  harmony  with  the  general  spirit  of  the  people :  f 
in  the  second  place  the  constitutional  order  of  the  state  ) 
as  well  as  the  civil  rights  of  individuals  must  be  pro-  V 
tected  from  the  unlawful  attacks  or  encroachments  of  j 
the  king  and  his  ministers.* 

In  view  of  what  has  just  been  said  a  natural  question 
arises.  Are  the  rights  of  the  people  to  participate  in 
the  government  confined  to  such  powers  as  are  explicitly 
conferred  upon  the  chambers  by  the  constitution,  the 
king  retaining  the  right  to  exercise  all  other  powers  in  ; 
the  former  absolute  and  uncontrolled  manner,  or  are  the  ^ 
constitutional  rights  of  the  chambers  deducible  from 
general  principles?  While  this  question  is  not  of  so^ 
much  practical  importance  as  it  would  at  first  sight 
appear,  it  serves  excellently  to  illustrate  the  spirit  of  the 
Prussian  constitutional  monarchy.  As  might  be  expected 
the  German  authorities  differ  somewhat  in  their  views. 
This  difference  goes  back  to  the  earlier  period  when 
most  of  the  German  States,  with  the  notable  exception 
of  Prussia,  were  introducing  a  constitutional  form  of 
government.  The  Final  Act  of  Vienna  (1820)  provided 
that  in  accordance  with  the  fundamental  principles  of 
the  German  Confederation  the  whole  power  of  the  state 
must  remain  vested  in  the  head  of  the  state  and  that 
the  sovereign  could  be  limited  through  a  constitution, 
by  the  co-operation  of  the  representatives  of  the  people 
only  in  the  exercise  of  certain  defined  rights}  This 
principle  has  been  recognized  in  a  great  number  of  the 

»  Schulze,  op.  cit ,  I,  608. 

s  This  important  passage  reads  as  follows:  "  Da  der  deutactae  Bund  mit  Ausnahme 
der  freien  Stadte  aus  souverainen  Pilrstea  besteht,  so  muss,  dem  hierdurch  gege- 
benen  GrundbegrifiTe  zufolge,  die  gesammte  Staatagewalt  in  dem  Oberhauple  des 
Staats  vereinigt  bleiben,  und  der  Souverain  kann  durch  eine  landst&ndiache  Ver- 
fassung  nur  in  der  Ausiibung  bestimmter  Rechte  an  die  Mitwirkung  der  Stande 
gebunden  werden."— W^i«i/r  Schluu-AkU,  Art.  LVH.,  bn  Meytr  Corpnt  Jurit 
Confoed.  Ger. 

[215] 


20  Annai^  of  the  American  Academy. 

existing  constitutions  of  Germany,  and  Meyer  ^  claims 
that  in  view  of  the  explicit  declarations  to  that  effect  in 
the  constitutions  of  Bavaria,  Saxony,  Wiirtemberg,  Baden, 
Hesse  and  eleven  of  the  lesser  states  the  presumption  is 
always  in  favor  of  the  king.  "  All  powers  remain  vested 
in  the  monarch  which  are  not  expressly  withdrawn, 
while  the  other  organs  of  the  state  can  lay  claim  only  to 
those  expressly  granted  to  them."  Even  if  this  theory 
is  not  tmiversally  accepted  in  precisely  this  form^  it 
sheds  much  light  upon  the  traditional  relations  between 
monarch  and  people  in  Germany  and  illustrates  the  rela- 
tively disadvantageous  position  which  the  chambers  oc- 
cupy. Where  there  is  doubt  in  regard  to  the  exercise 
of  a  given  power  history  appears  always  to  side  with  the 
monarch. 

Upon  turning  to  a  consideration  of  the  actual  process 
of  law-making,  in  which  it  is  the  especial  object  of  the 
constitution  to  secure  the  participation  of  the  chambers, 
the  predominating  influence  of  the  monarch  becomes 
even  more  apparent.  In  the  first  place  the  king  retains 
important  rights  of  independent  legislation  in  his  ill- 
defined  power  to  issue  ordinances  which  may  be  in  sub- 
stance really  laws.  The  distinction  between  law  and 
ordinance  was  practically  unrecognized  before  the  intro- 
duction of  a  constitution,  for  all  laws  necessarily  took  the 
form  of  royal  ordinances.  Since  the  establishment  of  a 
system  of  popular  representation  all  laws  must  normally 
receive  the  assent  of  the  chambers  in  order  to  be  valid. 
In  general,  the  monarch,  as  chief  executive,  may  consti- 
tutionally issue  independently  only  such  administrative 

»  "  Deutsches  Staatsrecht*'  205. 

«  Schulze  ("  Deutsches  Siaatsrechl,*'  1. 477)  objects  to  this  conclusion  end  maintains 
that  the  attempt  to  form  a  complete  catalogue  of  the  rights  of  the  representatives 
of  the  people  is  as  delusive  as  the  effort  to  form  a  complete  list  of  those  of  the 
crown. 

[216] 


Sketch  op  the  Prussian  Constitution.         21 

rules  as  simply  bind  the  goverainent  oflficials,  while  all 
measures  involving  an  alteration  of  the  law  of  the  land 
must  receive  the  assent  of  the  chambers.  But  in  Prussia 
the  variety  of  functions  performed  by  the  state  is  so  great 
and  the  technical  information  demanded  is  so  consider- 
able that  there  is  a  well  founded  inclination  upon  the 
part  of  the  representatives  of  the  people  modestly  to  refer 
the  decision  upon  less  important  points  of  legislation  to 
the  king  and  his  ministers.  The  field  is  altogether  too 
considerable  for  a  popular  assembly,  consisting  even  of 
the  best  qualified  members,  to  be  able  in  every  case  to 
formulate  a  law  complete  in  its  details  and  yet  adapted 
to  the  exigencies  of  the  occasion.  Obviously  those  called 
upon  to  conduct  the  administration  learn  better  than 
any  one  else  the  rules  according  to  which  it  is  most 
expedient  to  act.  The  laws  which  regulate  the  action 
of  the  ministers  must,  while  insuring  the  rights  and 
liberties  of  the  subject,  hamper  as  little  as  may  be  the 
administration  in  the  accomplishment  of  its  very  com- 
prehensive ends.  The  representatives  of  the  people  may 
and  do  content  themselves  with  a  general  determination 
of  the  provisions  of  legislative  measures,  leaving  the  de- 
tails in  the  more  competent  hands  of  king  and  ministers.* 
When  we  add  to  this  delegated  power  of  amplifying  and 
elaborating  the  laws  passed  with  the  concurrence  of  the 
chambers,  the  infinite  variety  of  important  and  wide- 
reaching  administrative  regulations  which  are  issued  by 
the  monarch  in  his  capacity  of  chief  executive ;  when 
we  consider  the  right  of  the  king  to  enact  provisional  ] 
laws  (Art.  63)  and  to  dissolve  the  lower  house  (Art  51)  ci 
it  is  clear  that  the  monarch  and  his  ministers  have  / 
opportunities  for  encroachments  upon  the  rights  of  the  / 

»  Cf.  the  writer's  pamphlet.  "  The  Gemuin  Bondetnth."  Publkationa  of  the  Uni- 
versity of  Pennsylvania,  Phila.,  1891. 

[217] 


22  Annals  of  thk  American  Academy. 

chambers  wliich  arc  at  once  difficult  to  prove  and  impos- 
sible to  prevent  or  punish. 

The  introchiction  oi  bills  is  not  confnied  to  the  king 
au'l  his  niiiiisters,  but  it  is  j^enerally  left  to  them,  both 
from  habii  and  from  a  want  of  confidence  on  the  part 
c>j'  tile  elianibers  ihenisclvcs.'  This  tendency  is  empha- 
^:/,e<l  b\-  the  constitution,  which  allows  the  access  of  the 
uiiuisters  to  the  chambers  and  i^ives  them  a  r\^\\\.  to  be 
heard  at  au\'  time,  thus  enablin<^  them  to  defend  the 
i)iils  introduced  by  them  and  to  declare  the  attitude  of 
the  kiuL,'-  and  his  advisers  toward  proposed  lco;islation. 

Aiihou;^!!  the  chambers  enjoy  with  the  king  the  right 
of  •-ubmittim;  bills,  the  king  alone  can  make  a  bill  a  law. 
Alur  a  bill  has  received  the  approval  of  both  houses 
it  is  passed  on  to  the  president  of  the  ministry,  who 
su])!uits  it  to  the  king.  '^  In  tJic  acccplaiicc  or  rejection 
/';■  ////  /'/>'/;'  lies  tJie  really  decisive  act.  Only  tJie  approz'al 
cf  lli(-  kiii'e,  co>reerts  a  bill  into  a  /^er."  "  This  amounts 
t'>  \esting  in  tlie  king  the  power  of  absolute  veto,  but  it 
is  rea]i\-  more  than  that.  "  It  does  not  correspond  with 
tlie  theor\-  of  (lerman  constitutional  law  to  speak  of  the 
various  fictors  of  legislation,  still  less  to  designate  the 
pn^ilii'r  law  creating  power  of  the  king  as  simply  a 
Htiuitree  veto.  Tlie  king  is  not  only  one  of  the  factors 
in  U-;(is|ation,  he  is  the  la7e-i^i:'er  hi?nsel/y  '' 

The  pul)Heation  of  the  law  is  the  final  step  in  legisla- 
tion :i:id  until  tliis  takes  place  in  the  official  organ 
(dr  .'.■'■Lit!)  tlie  king  is  at  liberty  to  wdthdraw  his  sanc- 
tion. 

In  sp;tc  ()|  tlu-  unusual  oj)portunities  and  consequent 
temptation,  wliieli,  as  we    have  seen,  are  afforded    to  the 

1  Wr,!r:k..T--.;,  n,;,-   ■.^^^^  .'.,  jjiurrs  t))is    rtlui  lance  of  the  chambers  to  take  the 
in'.t:a'.:v<-       "  l'<'et  d-.f  AfiiM'.-.i-tfiinuni',"   ijj-h. 
»S.  >-.M',r.r        I'ftuii-.u  hfs  .\taalirf,  hi  "  H.ai. 

[2,8] 


Sketch  of  the  Prussian  Constitution.  23 

king  and  his  ministers  to  encroach  upon  the  rights  of  \ 
the  chambers,  no  adequate  means  of  defence  is  provided 
against  such  unconstitutional  action.     There  is  no  way  1 
of  enforcing  ministerial  responsibility  in  Prussia,  nor  can/ 
the  courts,  as  in  this  country,  exercise  a  check  upon  the<^ 
other  factors  in  the  government  when  they  exceed  their  j 
legitimate  powers.     While  the  constitution  declares  in 
general  terms  that  the  ministers  shall  be  responsible  toi 
the   chambers  for  their  action   these  vague  provisions/ 
have  never  been  elaborated  so  as  to  render  the  forms  of  * 
impeachment  and  trial  nor  the  nature  of  the  punish-\ 
ment  sufficiently  definite  as  to  permit  of  actual  applica-j 
tion.      The   importance  of  this  matter  is  realized  by 
Prussian  statesmen,  and  several  unsuccessful  efforts  have 
been   made  to   effect   the   necessary   legislation    which 
already  exists  in  other  German  states.     "  Consequently, 
the  anomaly  continues  to  exist  in  Prussia  of  ministerial 
responsibility  solemnly  enunciated  in  the  constitution, 
the  character  of  the  responsibility,  the  accuser  and  the 
court  specified  and  at  the  same  time  a  complete  lack  of 
any  legal  means  by  which  the  representatives  of  the 
people  can  protect  even  the  constitution  itself  against 
the   most   flagrant  violations  and  the   most  dangerous 
attacks." ' 

The  courts,  as  has  already  been  said,  do  not  serve  as 
a  check  upon  unconstitutional  legislation,  as  they  do  in 
the  United  States.  The  constitution  expressly  provides 
that  "  laws  and  ordinances  shall  be  binding  when  pub- 
lished in  the  form  prescribed  by  law.  The  exami- 
nation of  the  validity  of  properly  promulgated  royal 
ordinances  shall  not  be  within  the  competence  of  the 
government  authorities  [including  the  courts,]  but  of 
the  chambers  solely."     (Art.  106.)     While  this  appeals 

»  Sctaulze,  *•  Preussisches  Staatsrtckt,"  U.,  694  and  note. 

[219] 


24  Annals  of  the  American  Academy. 

naturally  to  a  citizen  of  the  United  States  as  an  anom- 
alous condition,  it  ought  not  to  be  forgotten  that  our 
system  is,  from  one  point  of  view,  not  less  anomalous 
than  that  of  Prussia.  Our  courts  possess  what  would 
in  Germany  or  France  be  regarded  as  a  power  of  legis- 
tion,  in  flagrant  violation  of  the  principle,  so  widely 
accepted  among  us,  of  the  separation  of  powers.  This 
attractive  subject  is  susceptible  of  a  much  more  thorough 
consideration  than  it  has  so  far  received. 

In  conclusion  it  will  be  observed  that  in  many  points 
the  state  law  of  Prussia  has  been  greatly  modified,  or 
at  least  superseded  by  Federal  legislation.  The  estab- 
lishment of  the  strong  union  in  1866  and  its  extension 
in  1870-71  has  produced  great  changes  in  the  constitu- 
tions and  laws  of  the  individual  states.  Great  fields  of 
legislation  have  been  occupied  by  the  Federal  power, 
and  much  has  already  been  done  to  unify  the  laws  of 
Germany. 


An  extended  bibliography  would  be  superfluous,  as 
the  student  wishing  to  make  a  careful  study  of  the 
Prussian  constitutional  law  will  naturally  turn  to  the 
German  treatises,  where  ample  information  in  regard  to 
the  authorities  is  given. 

I  am  under  special  obligation  to  Schulze's  excellent 
"  Preussisches  Staatsrecht "  (Zweite  Auflage,  2  Bde., 
Leipzig,  1888),  and  von  Ronne's  great  work  **  Das 
Staatsrecht  der  Preussische7t  Monarchie  "  (Vierte  Auflage, 
4  Bde.,  Leipzig,  1881-84).  The  most  useful  of  the 
works  upon  the  subject  for  the  American  student  is 
probably  Dr.  Adolf  Arndt^s  ^''  Die  Verfassungs-Urkunde 
Jur  den  Preussischen  Staat  nebst  Ergmizungs-  und  Aus- 
/uhrun^S'Gesetzen^  vtit  Einleitung^  Komrnefitar  und 
Sachregister?'*     (Zweite,  stark  vermehrte  und  verbesserte 

[220] 


Sketch  of  the  Prussian  Constitution.  25 

Auflage,  Berlin,  1889.)  This  contains  a  vast  amount  of 
useful  elucidation  in  the  form  of  notes  appended  to  the 
text  of  the  instrument  itself,  as  well  as  the  text  of  the 
numerous  laws  supplementing  the  constitution  and 
without  which  that  instrument  is  scarcely  intelligible. 
Von  Sybel  in  his  great  work  upon  the  "  Founding  of  the 
German  Empire/'  sheds  much  light  upon  the  constitu- 
tional tendencies  in  Prussia  after  the  granting  of  the 
constitution. 

James  Harvey  Robinson. 

University  of  Pennsylvania. 


TIIK    CONSTITUTION     OF    PRUSSIA 

OF  TIIF.  THIRTY-FIRST  OF  JANUARY,  185O. 


We,  I'rederick  William,  by  ^race  of  God,'  King  of 
I'nis.sia.  etc.,  hereby  declare  and  make  known  that, 
whereas  the  constitntion  of  the  Prussian  State,  promul- 
gated b\-  us  on  the  fifth  of  December,  1848,  subject  to 
revision  bv  the  ordinary  process  of  legislation,  and 
acccjned  "  bv  both  chambers  of  our  kingdom,  has  been 
.submitted  to  the  prescribed  rcYision,  we  have  finally 
established  the  j>rovisions  of  that  constitution  in  agree- 
meut  with  l)oth  chambers. 

We,  therefore,  promulgate  the  same  as  a  fundamental 
law^  of  the  state,  as  follows: 

'  Tl-.f  j^.litical  ]K)\vcr^  of  thr  kiiij^  of  Prussia  are  not  dt-ltp^ateJ  to  liiui  bj*  the 
n.Ttii.i)  Hi  i)'<ss<s^(  s  lh<  111  in  }ii^  own  right.  "  By  the  gract- of  Cod  "  inclicatcs  a 
th<-<.r\  oj.jMis^-d  to  lliat.  for  «  xaini)k-.  of  the  Rtlgian  constitution,  or  of  the  I'rcnch 
toJi^titmion  of  17  ,1,  whicli  rej^ards  the  sovereignty  as  vested   fundamentally  in  the 

K.ltK.Il. 

•  Th'-  r;itifi(  atioii  ],y  the  chambers  of  the  draft  submitted  by  the  king  was,  of 
c<.  :r-r  !f-.,;'.y  niiiK  i-«  ss.iry.  and  is  mentioiie<l  in  the  preamble  simply  from  politi- 
rn!  :i-.',t;v'-  in  (,:drr  to  ^ivr  tin  benefit  of  popular  approval  to  a  really  "octroyed" 
f  ■  :;>'.. •■.i!io:j  'Du-  i  on«-litntion.  as  i^siu-d  by  the  king  in  iH.^8,  was  the  decret-  of  an 
a*  -.:.;tr  !no!!  ir(  }i    the'-iini>lc   drclaration  of  whose  will  was  law.     (Sec  Intrcxhic- 

'  i  ;.r  I  ;:  ^-,{1  :i  <  f  tlir  I'ru'-vi.-iii  constitution  as  tlie  "  fundamental  law  of  the 
it.ttr  1^  t;...',  II  .  II' t  of  th'-  "-trit*-  in.iy  run  counter  to  its  provisions.  Hut  when 
t).r  ('  ••.•:tt.iti  .;i  ::i;iWr-  no  provision  for  thr  exercise  of  the  ]M>wer  of  the  state,  as 
v:-.  frr,ju.^!i!l\  !  ip;K-Tis  former  l.i ws  reiiuiin  in  force.  The  constitution  does  not 
th<-:r'.  r<-  >-;:uni' rn«r  all  tlu-  i»owers  of  t lie  state,  as  docs  ours,  nor  does  it  furnish 
t)-.r  Sa-.'.ii  </f  th"  rov.il  ].t ri .  ,„;ati ve  As  A riidt  ex presj.es  it ,  "  It  was  not  the  consti- 
tu'.:  i)  wl-.it}!  «  rrutr.l  tlir-  r-.val  power  in  I'russia,  bnt  the  royal  {Kjwer  which  created 
the  coiMtitutioi).  ■     (/'If  rrr/usiunf^f  f'tkufid^.    Zweite  Aufl.,  p.  46.) 

[222] 


The  Constitution  op  Prussia.  27 

Title  I. 

THE  TERRITORY  OF  THE  STATE. 

Article  i.  All  parts  of  the  monarchy  in  its  present 
extent  form  the  territory  of  the  Prussian  State. 

Art.  2.  The  boundaries  of  this  territory  can  only  be 
altered  by  law. 

Title  II. 

THE  RIGHTS  OF   PRUSSIANS.* 

Art.  3.  The  constitution  and  the  law*  determine 
under  what  conditions  the  quality  and  rights  of  a 
Prussian  citizen  may  be  acquired,  exercised  or  forfeited. 

Art.  4.  All  Prussians  shall  be  equal  before  the  law. 
Class  privileges  shall  not  be  permitted.  Public  offices, 
subject  to  the  conditions  imposed  by  law,  shall  be  uni- 
formly open  to  all  who  are  competent  to  hold  them. 

Art.  5.  Personal  freedom  is  guaranteed.  The  forms 
and  conditions  under  which  any  limitation  thereof,  espe- 
cially arrest,  shall  be  permissible,  shall  be  determined 
by  law. 


»  About  forty  of  the  one  hundred  and  eleven  permanent  articles  of  the 
constitution  relate  explicitly  to  the  rights  of  the  Prussian  citizen.  The  attenpts 
to  formulate  the  fundamental  and  inalienable  rights  of  the  individual  originated 
undoubtedly  in  a  desire  to  limit  the  arbitrary  power  of  the  monarch.  Beginning 
in  England,  these  reached  their  extreme  phase  in  the  Declaration  of  the  Rights 
of  Man  of  1789,  and  in  the  succeeding  republican  constitutions  drawn  up  from 
time  to  time  in  Prance.  These  provisions  suggest  the  "  Bills  of  Rights  "  of  oor 
earliest  State  constitutions  and  the  first  ten  amendments  to  the  Federal  constits- 
tion.  The  violent  jealousy  of  government,  which  has  formed  from  the  first  one  of 
the  most  characteristic  traits  of  our  political  make-up,  led  ns  to  seise  eagerly  npoo 
this  expedient,  and  turn  it  first  against  the  apprehended  encroachments  of  the 
State  governments  upon  the  individual  and  then  apply  it  in  the  case  of  the  Federal 
government  as  a  protection  to  the  rights  both  of  State  and  individual. 

s  In  this,  as  in  a  number  of  other  instances,  the  newer  Federal  law  supplants 
the  provisions  of  the  State  constitutions.  Although  citisenship  in  the  German 
empire  is  dependent  on  and  inseparable  from  citisenship  in  an  individual  state, 
this  matter  is  carefully  regulated  by  the  Federal  law  of  June  i,  i§7o.  (The  text  of 
this  law  is  reprinted  by  Amdt.    Op.  cit.,  p.  i8i.) 

[223] 


28     Annals  of  the  American  Academy. 

Art.  6.  The  domicile  shall  be  inviolable.  Intrusion 
and  search  therein,  as  well  as  the  seizing  of  letters  and 
papers,  shall  be  allowed  only  in  the  manner  and  in  the 
cases  prescribed  by  law. 

Art.  7.  No  one  shall  be  deprived  of  his  lawful  judge. 
Exceptional  tribunals  and  extraordinary  commissions 
shall  not  be  permitted. 

Art.  8.  Punishments  shall  not  be  prescribed  or  in- 
flicted except  according  to  law. 

Art.  9.  Property  is  inviolable.  It  shall  only  be  taken 
or  interfered  with  from  considerations  of  public  weal, 
and  then  only  in  a  manner  to  be  prescribed  by  law,  and 
in  return  for  a  compensation  to  be  previously  determined. 
Even  in  urgent  cases  a  preliminary  valuation  and  com- 
pensation shall  be  made. 

Art.  id.  Civil  death  and  confiscation  of  property,^ 
as  punishment,  shall  not  be  permitted. 

Art.  II.  Freedom  of  emigration  can  only  be  limited 
by  the  state,  with  view  to  military  service.  Migration 
fees  shall  not  be  levied. 

Art.  12.  Freedom  of  religious  confession,  of  associa- 
tion in  religious  societies  (Art.  30  and  31),  and  of  the 
common  exercise  of  religion  in  private  and  public,  is 
guaranteed.  The  enjoyment  of  civil  and  political  rights 
shall  not  be  dependent  upon  religious  belief.  But  the 
exercise  of  religious  liberty  shall  not  be  permitted  to 
interfere  with  the  civil  or  political  duties  of  the  citizen. 

Art.    13.    Religious   and   ecclesiastical   associations, 

1  CiTil  death  is  the  exclusion  from  the  fundamental  rights  of  having  births, 
marriages  and  deaths  the  subject  of  legal  record.  For  example,  the  Huguenots 
were  deprived  of  their  civil  status  by  the  revocation  of  the  Edict  of  Nantes.  Their 
marriages  were,  from  a  legal  standpoint,  simple  concubinage,  and  their  children 
illegitimate.  Nor  could  they  bequeath  or  inherit  property.  Confiscation  of  indi- 
▼idual  articles  is  not  excluded  by  this  clause.  Moreover,  the  Federal  law  provides 
for  confiscation  as  a  punishment  in  case  of  high  treason  and  the  neglect  of  the 
duty  of  mlUUry  service.    (S.  G.  B.,  gg  93  and  140.) 

[224] 


The  Constitution  op  Prussia.  29 

which  have  no  corporate  rights,  can  only  acquire  those 
rights  by  special  laws. 

Art.  14.  The  Christian  religion  shall  be  taken  as  the 
basis  of  those  state  institutions  which  are  connected 
with  the  exercise  of  religion  without  prejudice  to  the 
religious  liberty  guaranteed  by  Article  1 2. 

Art.  15,  16  and  18.^     [Repealed  June  18,  1875.] 

Art,  17.  a  special  law  shall  be  enacted  relating  to 
church  patronage  and  to  the  conditions  on  which  it 
may  be  abolished. 

Art.  19.  Civil  marriage^  shall  be  introduced  in 
accordance  with  a  special  law  which  shall  also  regulate 
the  keeping  of  a  civil  register. 

Art.  20.*  Science  and  its  teachings  shall  be  free.* 

1  The  articles  in  their  original  form  provided  that  the  Protestant  and  Roman 
Catholic  churches,  as  well  as  all  other  religious  societies,  should  regulate  their 
own  affairs  in  an  independent  manner.  Moreover,  intercourse  between  religioas 
societies  and.their  superiors  was  to  be  unobstructed,  and  the  publication  of  church 
ordinances  subjected  only  to  such  restrictions  as  were  imposed  upon  other  publica- 
tions. The  abrogation  of  these  articles  was  the  outcome  of  the  long  conflict 
between  Church  and  state  {^Kulturkampf)  in  Prussia  which  followed  the  Council  of 
the  Vatican  of  1870.  The  ministry  found  themselves  greatly  hampered  in  their  strug- 
gle with  the  church  authorities  by  the  provisions  of  the  constitution,  which  their 
opponents  urged  were  being  violated  when  any  stringent  measures  were  taken. 

>  The  question  exactly  what  gives  legal  validity  to  the  performance  of  the  mar- 
riage ceremony  has  naturally  been  one  of  the  utmost  importance  in  countriea 
where  the  claims  of  the  Catholic  Church  and  of  the  state  conflicted.  Marriage  is 
one  of  the  sacraments  of  the  Roman  Church  and  the  refusal  of  its  ministers  to 
perform  or  recog^nize  the  marriage  of  individuals  obnoxious  to  them  has  been  a 
fruitful  source  of  discord  between  them  and  the  civil  authorities.  The  law  her* 
provided  for  was  not  passed  until  1874.  and  was  almost  immediately  superseded  by 
the  Federal  law  of  February  6,  187s,  which  also  regulated  the  maintenance  of  the 
civil  register  or  public  record  of  births,  marriages  and  deaths. 

»  Articles  20-26  are  regarded  by  the  best  authorities  as  practically  suspended  by 
Article  112,  which  provides  that  educational  matters  shall  continue  to  be  regulated 
by  the  existing  Prussian  laws  until  the  general  legislation  foreseen  by  Artide  j6 
be  carried  out.  No  such  general  law  has  been  passed  howerer.  (See  I^Oniag 
"  Verwaltungsrecht,"  738  and  752,) 

*  To  realize  the  significance  of  this  article,  one  should  consult  the  decree  of  the 
German  Diet  (September  ao,  1S19),  which  was,  of  course,  binding  for  Prussia.    A 

[225] 


30  Annans  of  the  American  Acadkmy. 

Art.  21.  The  education  of  youth  shall  be  adequately 
provided  for  by  public  schools.  Parents  and  their  rep- 
resentatives shall  not  leave  their  children  or  wards 
without  that  education  prescribed  in  the  public  elemen- 
tary schools  (Volksschulen). 

Art.  22.  Every  one  shall  be  at  liberty  to  give  instruc- 
tion, and  establish  institutions  of  learning,  provided  he 
shall  have  given  proof,  to  the  proper  state  authorities, 
of  his  moral,  scientific  and  technical  fitness. 

Art.  23.  All  public  and  private  educational  institu- 
tions shall  be  under  the  supervision  of  authorities 
appointed  by  the  state.  Teachers  in  the  public  schools 
shall  have  the  rights  and  duties  of  public  officials. 

Art.  24.  In  the  establishment  of  public  elementary 
schools,  confessional  differences  shall  be  considered  as 
far  as  possible.^ 

Religious  instruction  in  the  elementary  schools 
shall  be  superintended  by  the  religious  organizations 
concerned. 

The  charge  of  the  external  affairs  of  the  elementary 
schools  shall  belong  to  the  community  {Gemetnde)i 
With  the  statutory  co-operation  of  the  community  in 
the  manner  and  to  the  extent  determined  by  law,  the 
State  shall  appoint  the  teachers  in  the  public  elemen- 
tary schools  from  the  number  of  those  qualified. 

Art.  25.  The  means  for  establishing,  maintaining 
and  enlarging  the  public  elementary  schools  shall  be 

special  official  was  desigrnated  for  each  university,  who,  in  view  of  the  much  feared 
revolutionary  plots,  was  "carefully  to  observe  the  spirit  in  which  the  university 
professors  lectured,"  and  to  "  exercise  a  salutary  influence  upon  instruction,  with 
a  view  to  determininsr  the  future  attitude  of  the  youthful  student."  (Provisorischer 
Beschluss  tiber  die  in  Ansehung  der  Universitaten  zu  ergriefenden  Maasregeln  ; 
•pud  V.  Meyer.     Corpus  Juris  Confoed.  Ger.) 

»  Gneist'8  view  is  the  generally  accepted  one  that  the  legal  elementary  school  in 
Prussia  is  one  in  which  religious  instruction  must  be,  and  general  instruction  muit 
not  b*  sccUrian.    (See  Amdt,  Op.  cit.,  75.) 

[226] 


The  Constitution  op  Prussia.  31 

provided  by  the  communities,  which  shall,  however,  be 
assisted  by  the  State  in  proven  cases  of  pecuniary  ina- 
bility on  the  part  of  the  community.  The  obligations 
of  third  parties,  based  on  special  legal  titles,  shall  not 
be  impaired. 

The  State  shall  accordingly  guarantee  to  teachers  in 
the  elementary  schools  a  steady  income  suitable  to  local 
circumstances. 

In  public  elementar)^  schools  education  shall  be 
imparted  free  of  charge. 

Art.  26.  A  special  law  shall  regulate  all  matters  of 
education. 

Art.  27.  Every  Prussian  shall  be  entitled  to  express 
his  opinion  freely  by  word,  writing,  print,  or  pictorial 
representation. 

Censorship  of  the  press  may  not  be  introduced;  and 
no  other  restriction  on  the  freedom  of  the  press  shall  be 
imposed  except  by  law.^ 

Art.  28.  Offences  committed  by  word,  writing,  print, 
or  pictorial  representation  shall  be  punished  in  accord- 
ance with  the  general  penal  code.* 

Art.  29.'   All  Prussians  shall  be  entitled  to  meet  in 


1  Censorship  differs  from  other  restrictions  in  requiring  the  devious  i 
of  contemplated  publications  to  stated  government  officials  whose  aaactioo  is 
required  before  the  publication  can  legally  appear.  The  results  of  this  system 
hare  t>een  uniformally  evil  and  unpopular.  I<egislation  in  regard  to  the  press  is  by 
the  Imperial  constitution  vested  in  the  Federal  government,  which  ICay  7,  1074, 
issued  a  press  law. 

s  Superseded  by  the  Federal  law  just  mentioned  (note  to  Art.  37),  which,  in  the 
case  of  periodical  publications,  regards  the  "  responsible  editor"  as  punishable  if 
the  law  is  violated,  unless  special  circumstances  exclude  the  presampUon  of  his 
guUt. 

*  Articles  37,  39  and  30,  which  regulate  respectively  the  freedom  of  the  press,  the 
right  of  peaceful  assembling  and  of  association,  are  all  modified  by  the  Federal 
law  of  September  31,  1878,  which  prohibits  all  publications,  meetings  and  asaocia* 
tions  "in  which  social-democratic,  socialistic  or  communistic  efforts  directed 
toward  the  destruction  of  the  existing  political  or  social  order  are  sppsreat." 

[227] 


32  Annals  of  the  American  Academy. 

closed  rooms,  peacefully  and  unarmed,  without  previous 
permission  from  the  authorities. 

But  this  provision  does  not  apply  to  open-air  meet- 
ings, which  shall  be  subject  to  whatever  restrictions  the 
law  may  prescribe  even  with  respect  to  previous  permis- 
sion from  the  authorities. 

Art.  30.  All  Prussians  shall  have  the  right  to  form 
associations  for  such  purposes  as  do  not  contravene  the 
penal  laws. 

The  law  shall  regulate  with  special  regard  to  insuring 
the  public  security,  the  exercise  of  the  right  guaranteed 
by  this  and  the  preceding  article  (29). 

Political  associations  may  be  subjected  by  law  ^  to 
restrictions  and  temporary  prohibitions. 

Art.  31.  The  law  shall  determine  the  conditions  on 
which  corporate  rights  may  be  granted  or  refused. 

Art.  32.  The  right  of  petition  shall  belong  to  all 
Prussians.  Petitions  under  a  collective  name  shall 
be  permitted  only  to  public  authorities  and  corpora- 
tions. 

Art.  33.  The  privacy  of  the  mails  shall  be  inviolable. 
The  necessary  restrictions  of  this  right,  in  cases  of  war 
and  of  criminal  investigation,  shall  be  determined  by 
law.* 

Art.  34.  All  Prussians  are  bound  to  military  service. 
The  extent  and  character  of  this  duty  shall  be  deter- 
mined by  law. ' 

»  "  l3w"  is  here  contrasted  with  ^*  ordinance''  as  in  other  instances,  e.g..  Article 
27.    (See  Introduction,  p  20.) 

«  Thia  matter  is  now  naturally  regulated  by  the  Federal  law.  The  opening  of 
letters  has  often  been  resorted  to  by  tyrannical  governments  to  incriminate 
individuals  or  even  to  gratify  the  idle  curiosity  of  the  ruler,  as  under  Louis  XV. 
and  Napoleon. 

■Superseded  by  Article  57  of  the  Imperial  constitution  which  reads,  "Every 
German  is  bound  to  military  service  and  can  not  be  represented  by  a  substitute." 

[228] 


The  Constitution  op  Prussia.  33 

Art.  35.  The  army  shall  include  all  divisions  of  the 
standing  army  and  the  militia  {Landwehr).  In  the  event 
of  war,  the  king  can  call  out  the  reserve  militia  {Land- 
sturnt)  in  accordance  with  the  law. 

Art.  36.  The  military  power  can  only  be  employed 
for  the  suppression  of  internal  troubles,  and  the  exe- 
cution of  the  laws,  in  the  cases  and  manner  specified 
by  statute,  and  on  the  requisition  of  the  civil  author- 
ities. In  the  latter  respect  exceptions  may  be  made  by 
law. 

Art.  37.  The  court-martial  of  the  army  shall  be 
restricted  to  penal  matters,  and  shall  be  regulated  by 
law.  Provisions  with  regard  to  military  discipline  shall 
remain  the  subject  of  special  ordinances. 

Art.  38.  The  military  forces  shall  not  deliberate 
whether  in  active  service  or  not;  nor  shall  they  other- 
wise assemble  than  when  commanded  to  do  so.  Thus 
assemblies  and  meetings  of  the  militia  {Landwehr)  for 
the  purpose  of  discussing  military  arrangements,  com- 
mands and  ordinances,  are  forbidden,  even  when  they 
are  not  in  active  service. 

Art.  39.  The  provisions  of  Arts.  5,  6,  29,  30  and  3a 
shall  apply  to  the  army  only  in  so  far  as  they  do  not 
conflict  with  military  laws  and  rules  of  discipline. 

Although  the  Imperial  constitution  (Art.  6i)  adopted  out  and  out  the  PniMian  miU* 
tary  legislation,  this  has  since  been  largely  supplanted  by  Federal  law*.  These 
provide  that  the  period  of  military  duty  shall  extend  from  the  aeventcenth  to  tbc 
close  of  the  forty-second  year.  The  law  requires  twelve  years  of  senrice  in  the 
army  from  the  twentieth  year  as  follows:  Three  years  with  the  sUndard.  fo«r 
years  in  the  reserve  and  five  in  the  militia  {Landwehr).  All  subject  to  mUiUry 
duty  between  the  ages  of  seventeen  and  forty-two  who  are  not  in  the  amy  con- 
stitute the  Landsturm,  a  force  which  the  Emperor  may  call  out  in  case  of  inva- 
sion. The  best  account  of  the  miliUry  law  i»  to  be  found  in  "Die  MilitArgettim 
des  Devtschen  Rfiches  mil  Ertiuterungen  "  (second  edition.  Berlin.  1888).  llWlt 
under  the  auspices  of  the  Imperial  ministry  of  war.  Laband  IreaU  this  subject  at 
great  length  in  the  second  edition  of  his  Constitutional  Law.  (II.  |>p.  497-*J^)  Cf. 
also  works  of  Schulze,  v.  Runue.  Bomhak,  etc. 

[229] 


34  Annai3  op  the  American  Academy. 

Art.  40.*  [As  amended  by  the  law  of  June  5,  1852.] 
Art.  2.   The  establishment  of  feudal  tenures  is  for- 
bidden. 

The  feudal  bond  (Lehnsverband)  still  existing  with 
respect  to  surviving  fiefs  shall  be  dissolved  by  law. 
Art.  41.   [As  amended  by  the  law  of  June  5,  1852.] 
Art  3.  The  provisions  of  Art  2  do  not  apply  to  crown 
fiefs  or  to  fiefs  situated  in  other  countries. 
Art.  42.*  [As  amended  April  14,  1856.] 
In  accordance  with  special  laws  already  passed  the 
following  are  abolished  without  compensation: 

1.  The  right  to  exercise  or  delegate  judicial  power, 
connected  with  the  possession  of  certain  lands,  together 
with  the  fees  and  exemptions  accruing  from  this  right 

2.  The  obligations  arising  from  manorial  or  patri- 
archial  jurisdiction,  from  serfage,  and  from  former  tax 
and  industrial  organization.  {Steuer-und  Gewerbe-Verfas^ 
sung,)  \ 

With  these  rights  are  also  abolished  the  counter-ser- 
vices and  burdens  devolving  upon  those  enjoying  these 
rights. 

1  Articles  40  and  41  of  the  original  text  were  abolished  by  the  law  of  June  6, 
185a,  and  Articles  2  and  3  of  that  law  were  substituted  for  them.  This  was  to 
secure  the  maintenance  of  entails  which  had  been  abolished  by  the  articles  as 
they  originally  stood. 

*  This  article  is  given  as  amended  by  the  law  April  14,  1856,  with  the  purpose  of 
maintaining  certain  feudal  arrangements  which  seemed  to  the  reactionary  spirits 
of  the  period  to  have  been  too  rudely  destroyed.  For  example,  the  article  as  it 
originally  stood  guaranteed  the  right  of  division  of  estates  and  of  the  commuta- 
tion of  feudal  dues.  It  has  not  been  deemed  necessary,  in  view  of  the  difficulty 
of  finding  intelligible  English  equivalents  for  the  technical  terms  of  the  Prussian 
feudal  law,  to  reproduce  the  original  articles. 


[230] 


The  Constitution  op  Prussia.  35 

Title  III. 

THE   KING.* 

Art.  43.  The  person  of  the  king  shall  be  inviolable.* 
Art.  44.  The  king's  ministers  shall  be  responsible. 
All  official  acts  of  the  king  shall  require  for  their  val- 
idity  the   counter-signature  of  a  minister,  who  shall 
thereby  assume  responsibility  for  them.' 

^  (See  Introduction,  pp.  i6  et  sfq.) 

s  The  king  can  do  no  wrong,  according  to  German  aa  well  aa  Bngllah  law.  He 
is  not  legally  responsible  for  his  conduct,  for  there  is  no  power  aboM  him  which 
can  call  him  to  account.  Even  if  he  violates  the  constitution,  "  be  ia  rcapoa- 
sible  to  God  alone  and  to  his  conscience,  for  the  king  has  no  judge  except  hiatory." 
(v.  R6nne,  Op.  ciL,  I,  153,) 

'  The  responsibility  is  as  yet  political  only.  The  minister*  are  not  Mb|ect  to 
criminal  prosecution  from  their  governmental  acta,  owing  to  the  &ct  that  no  law 
has  been  passed  defining  the  offenses  or  penalties.  (See  Art.  6t  )  The  poaition 
of  the  ministers  is  thus  defined  in  a  declaratory  rescript  issued  by  the  German 
Emperor  and  King  of  Prussia  in  188a:  **  The  right  of  the  king  to  conduct  the  gor- 
emment  and  policy  of  Pnissia  according  to  his  own  direction  is  limited  by  the 
constitution  (of  January  31,  1850),  but  not  abolished.  The  government  acta  (doc«* 
mentary)  of  the  king  require  the  counter-signature  of  a  minister,  and  aa  waa  also 
the  case  before  the  constitution  was  issued,  have  to  be  represented  by  the  king's 
ministers;  but  they  nevertheless  remain  government  acts  of  the  king,  from  wboae 
decisions  they  result,  and  who  thereby  constitutionally  expresses  his  will  and 
pleasure.  It  is  therefore  not  admissible,  and  leads  to  obscuration  of  the  constitu> 
tional  rights  of  the  king,  when  their  exercise  is  so  spoken  of  as  if  they  emanated 
from  the  ministers  for  the  time  being  responsible  for  them,  and  not  from  the  kin|f 
himself.  The  constitution  of  Prussia  is  the  expression  of  the  monarcfalal  tndi* 
tion  of  this  country,  whose  development  is  based  on  the  living  and  actual  re!a> 
tions  of  the  king  to  the  people.  These  relations,  moreover,  do  not  admit  of  being 
transferred  to  the  ministers  appointed  by  the  king,  for  they  attach  to  the  person 
of  the  king.  Their  preservation,  too,  is] a  political  necessity  for  Pniasia.  R  ia, 
therefore,  my  will  that  both  in  Prussia  and  in  the  legislative  bodies  of  the  empire 
{Reich)  there  may  be  no  doubt  leA  as  to  my  own  constitutional  right  and  that  of 
my  successors  personally  to  conduct  the  policy  of  my  goremment;  and  that  the 
theory  shall  always  be  rejected  that  the  (doctrine  of  the)  Inviolability  of  the  per- 
son of  the  king,  which  has  always  existed  in  Prussia,  and  is  enundatcd  by  Article 
43  of  the  constitution,  or  the  necessity  of  a  responsible  coanter^gnatnre  of  my 
government  acts,  deprives  them  of  the  character  of  royal  and  Independent  deci- 
sions. It  is  the  duty  of  my  ministers  to  aapport  my  constitutional  rights  by  pro- 
tecting them  from  doubt  and  obscuration,  and  I  expect  the  wme  frxMB  all  SUte 


36  Annals  of  the  American  Academy. 

Art.  45.  The  executive  power  shall  belong  to  the 
king  alone.  He  shall  appoint  and  dismiss  the  ministers.^ 
He  shall  order  the  promulgation  of  the  laws  and  issue 
the  necessary  ordinances  for  their  execution. 

Art.  46.  The  king  shall  be  commander-in-chief  of  the 
army. 

Art.  47.  The  king  shall  fill  all  posts  in  the  army,  as 
well  as  in  other  branches  of  the  public  service,  in  so  far 
as  it  is  not  otherwise  ordained  by  law.^ 

Art.  48.  The  king  shall  have  power  to  declare  war 
and  make  peace,^  and  to  conclude  other  treaties  with 
foreign  governments.  The  latter  require  for  their  val- 
idity the  assent  of  the  chambers  in  so  far  as  they  are 
commercial  treaties,  or  impose  burdens  on  the  State,  or 
obligations  on  the  individual  subjects. 

officials  (Seamlen)  who  have  taken  the  official  oath  to  me.  I  am  far  from  wishing 
to  impair  the  freedom  of  elections,  but  in  the  case  of  those  officials  who  are 
intrusted  with  the  execution  of  my  government  acts,  and  may,  therefore,  in  con- 
forming with  the  disciplinary  law  forfeit  their  situations,  the  duty  solemnly  under- 
taken by  their  oath  of  service  also  applies  to  the  representation  by  them  of  the 
policy  of  my  government  during  election  times.  The  faithful  performance  of  this 
duty  I  shall  thankfully  acknowledge,  and  I  expect  from  all  officials  that,  in  view 
of  their  oath  of  allegiance,  they  will  refrain  from  all  agitation  against  my  govern- 
ment even  during  elections."  Berlin,  January  4,  1882.  Wilhelm.  von  Bismarck. 
To  the  Ministry  of  State. 

'  The  monarch  is  not,  for  example,  bound  by  the  wishes  of  the  majority  of  the 
diet  In  choosing  his  ministers. 

'  No  law  depriving  the  king  of  this  power  of  appointing  government  officials 
has  ever  been  passed.  The  officials  are  entirely  and  solely  dependent  upon  the 
monarch,  the  supreme  director  of  the  administrative  system,  for  their  rank  and 
•alary.  Bismarck  once  illustrated  this  in  the  case  of  the  Empire  in  an  address 
before  the  Reichstag  as  follows  :  If  you  stop  my  pay  (t.  e.,  make  no  appropria- 
tion) I  will  simply  sue  in  the  courts,  and  the  Empire  will  be  forced,  so  long  as  I 
remain  Imperial  Chancellor,  to  continue  my  salary.  {Sten.  Bericht,  December  i, 
1885.  cited  by  Arndt,  99.) 

•  Since  the  establishment  of  the  German  Federation,  the  King  of  Prussia  no 
longer  has  the  power  to  declare  war  or  conclude  peace,  nor  can  treaties  (except 
extradition  treaties)  be  concluded  by  the  separate  states,  all  these  functions  being 
assumed  by  the  Empire.    (See  Art.  II  of  Imperial  Constitution.) 

[232] 


\ 


The  Constitution  op  Prussia.  37 

Art.  49.  The  king  shall  have  power  to  pardon,  and 
to  mitigate  punishment 

But  in  favor  of  a  minister  condemned  for  his  oflScial 
acts,  this  right  can  only  be  exercised  on  the  motion  of 
that  chamber  whence  his  impeachment  emanated 

Only  in  virtue  of  a  special  law  can  the  king  supprtas 
inquiries  already  instituted. 

Art.  50.  The  king  may  confer  orders  and  other  dis- 
tinctions, so  far  as  they  do  not  carry  privileges  with 
them. 

He  shall  exercise  the  right  of  coinage  in  accordance 
with  the  law.* 

Art.  51.  The  king  shall  convoke  the  chambers,  and 
close  their  sessions.  He  may  dissolve  the  two  chambers 
together  or  either  one.*  In  such  a  case,  however,  the 
electors  shall  be  assembled  within  a  period  of  sixty  days, 
and  the  chambers  summoned  within  a  period  of  ninety 
days  respectively  after  the  dissolution. 

Art.  52.  The  king  shall  have  power  to  adjourn  the 
chambers.  But  without  their  assent  this  adjournment 
may  not  exceed  the  space  of  thirty  days,  nor  be  repeated 
during  the  same  session. 

Art.  53.  The  crown  is,  in  accordance  with  the  laws 
of  the  royal  family,*  hereditary  in  the  male  line   of 

1  Article  4  of  the  Imperial  Constitution  assumes  for  the  Bmpire  the  lecislatioa 
in  regard  to  coinage. 

*  The  Upper  Chamber  or  House  of  Lords  in  Prussia  is,  in  virtue  of  the  law  of  July 
5,  1853  (see  note  to  Art.  65-9),  no  longer  an  elective  body,  consequently  the  provis- 
ions for  dissolution  apply  only  to  the  House  of  Representatives.  The  upper  boose 
must,  however,  according  to  the  constitution  (Art.  77),  be  prorogued  in  case  the 
lower  house  is  dissolved.  The  number  of  possible  dissolutkma  Is  unlimited. 
There  seems  to  be  no  constitutional  provision  which  would  prevent  the  king  from 
dissolving  a  newly  elected  chamber  before  it  came  together. 

»  The  laws  {HausgeseUen)  here  referred  to  were  rules  established  by  the  mem* 
bcrs  or  branches  of  the  family  reigning  over  the  various  Prussian  possessions  at  a 
Ume  when  the  idea  of  the  sUte  as  distinguished  from  the  private  property  of  tb« 

[233] 


38  AnnaivS  of  the  American  Academy. 

that  house  following  the  law  of  primogeniture  and 
agnatic  *  succession. 

Art.  54.  The  king  shall  attain  his  majority  on  com- 
pleting his  eighteenth  year.^ 

In  presence  of  the  united  chambers  he  shall  take  the 
oath  to  observe  the  constitution  of  the  monarchy  stead-, 
fastly  and  inviolably,  and  to  rule  in  accordance  with  it 
and  the  laws. 

Art.  55.  Without  the  consent  of  both  chambers  the 
king  cannot  also  be  ruler  of  foreign  realms. 

Art.  56.  If  the  king  is  a  minor,  or  is  otherwise  per- 
manently prevented  from  ruling  himself,  the  regency 
shall  be  undertaken  by  that  agnate  (Art.  53),  who  has 
attained  his  majority  and  stands  next  in  succession  to 
the  crown.  He  shall  immediately  convoke  the  cham- 
bers, which,  in  united  session,  shall  decide  as  to  the 
necessity  of  the  regency. 

Art.  57.  If  there  be  no  agnate  of  age,  and  if  no  legal 
provision  has  previously  been  made  for  such  a  contin- 
gency, the  Ministry  of  State  shall  convoke  the  cham- 
bers, which  shall  then  elect  a  regent  in  joint  session. 

]}rince  was  first  making  its  appearance.  These  laws,  of  which  the  earliest  was 
the  famous  will  of  Albrecht  Achilles  (1473),  established  three  great  principles:  (1) 
The  unconditional  preference  to  be  given  to  male  heirs;  (2)  the  inalienability, 
and  (3)  the  indivisibility  of  the  princely  possessions.  The  last  was  the  most  dif- 
ficult to  carry  out,  as  it  had  been  customary  to  divide  the  lands  among  the  heirs 
like  personal  eflFects.  An  example  of  the  result  of  this  custom  can  be  seen  to-day 
in  the  sporadic  possessions  of  the  Thuringian  princes.  How  the  comparatively 
insignificant  Electorate  of  Brandenburg,  which  came  into  the  possession  of  the 
House  of  HohenzoUern  in  1415,  has  gradually  become  the  kingdom  of  Prussia, 
over  which  William  n.  rules,  is  best  seen  from  the  excellent  series  of  maps  in 
Droysen's  "  Historischer  Handatlas,'"  pp.  52-53. 

1  Latin,  agnatus,  descended  from  the  father's  side,  as  distinguished  from  cog- 
natus.  No  woman  can  ascend  the  Prussian  throne  so  long  as  any  male  descend- 
ant of  the  founder  of  the  family,  capable  of  occupjnng  the  throne,  survives.  In 
this  the  German  law  differs  from  that  of  England  and  Spain  for  example. 

•This  corresponds  to  the  older  Prussian  law,  and  even  to  the  Golden  Bull  of  1346. 

[234] 


The  Constitution  op  Prussia.  39 

And  until  the  assumption  of  the  regency  by  him,  the 
Ministry  of  State  shall  conduct  the  government. 

Art.  58.  The  regent  shall  exercise  the  powers  vested 
in  the  king  in  the  name  of  the  latter.  After  the  estab- 
lishment of  the  regency,  he  shall  take  the  oath  before 
the  chambers  in  joint  session  to  observe  the  constitution 
of  the  monarchy  steadfastly  and  inviolably,  and  to  rule 
in  accordance  with  it  and  the  laws. 

Until  this  oath  is  taken,  the  whole  Ministry  of  State 
for  the  time  being  shall  remain  responsible  for  all  acts 
of  the  government. 

Art.  59.  The  annuity  drawn  from  the  income  of  the 
forests  and  domains  and  set  apart  by  the  law  of  January 
17,  1820,  shall  remain  attached  to  the  entailed  fund  of 
the  crown.* 

Title  IV. 

THE   MINISTERS.* 

Art.  60.  The  ministers,  as  well  as  the  State  officials 
appointed  to  represent  them,  shall  have  access  to  each 
chamber,  and  must  at  all  times  be  heard  upon  their  own 
request.^ 

1  The  fund  here  mentioned  resemblesi  essentially  the  civil  list  of  Rafland.  It 
has  been  several  times  increased  by  law,  and  now  amounts  to  15,719.396  marks,  or 
toward  $4,000,000.  In  addition  to  this  the  king  and  members  of  the  royal  fumSkj 
have  large  private  possessions  and  private  sources  of  incomes  which  do  not  come 
within  the  purview  of  the  public  law. 

2  There  are  nine  ministerial  departments  in  Prussia,  vis  :  (1)  Foreign  AifiUra,  (a) 
War  and  the  Navy,  (3)  Justice,  (4)  Finances.  (5)  the  IntMlor  (these  five  were 
established  in  1810),  (6)  Affairs  of  Church,  Education  and  Public  Health  (Medirimmt- 
angelegenheittH),  (7)  Trade  and  Industry,  (8)  Agriculture,  Domains  and  ForetU.  (9) 
Public  Works.  The  ministers  are  formed  into  a  regularly  constituted  council  for  the 
consideration  of  the  general  administrative  policy  and  of  other  important  mattcra. 
This  ministerial  council  is  recognized  by  the  constitution  in  Articles  57, 51.  <t  aad 
III.  The  monarch  and  the  ministers  constitute  the  "government"  {Rtfimmitg), 
and  form  the  guiding  power  in  the  administration  of  the  State. 

3  This  provision  illustrates  the  relation  between  the  govemmeat  and  the  repr*» 
sentative  bodies.    When  a  representative  of  the  ministry  appears  in  one  of  the 

[235] 


40  Annals  op  thk  American  Academy. 

Each  chamber  can  demand  the  presence  of  the  minis- 
ters.' 

The  ministers  shall  be  entitled  to  vote  in  one  or  other 
of  the  chambers  only  when  members  of  it. 

Art.  6i.  On  the  resolution  of  one  chamber  the  minis- 
ters may  be  impeached  for  the  crime  of  violating  the 
constitution,  for  bribery  and  for  treason.  The  decision 
of  such  cases  shall  lie  with  the  supreme  tribunal  of  the 
monarchy  sitting  as  one  body.  As  long  as  two  Supreme 
Courts  exist,  they  shall  be  united  for  the  above  pur- 
pose. 

Further  details  as  to  matters  of  responsibility,  proce- 
dure and  punishment,  are  hereby  reserved  for  a  special 
law.* 

Title  V. 

THE  CHAMBERS. 

Art.  62.  The  legislative  power  shall  be  exercised  in 
common  by  the  king  and  the  two  chambers. 

Every  law  shall  require  the  assent  of  the  king  and  of 
the  two  chambers.^ 

Money  bills  and  the  budgets  shall  first  be  laid  before 
the  second  chamber;  the  budgets  shall  either  be  accepted 
or  rejected  as  a  whole  by  the  first  chamber. 

Art.  63.  In  the  event  only  of  its  being  urgently 
necessary  to  maintain  public  security,  or  deal  with  an 

diambera  and  asks  to  be  heard,  even  if  the  debate  has  been  formally  closed,  it 
must  be  reopened.  The  monarch  and  ministry  deny  the  right  of  the  speaker  of 
either  of  the  chambers  to  call  representatives  of  the  government  to  order  for  violent 
lanifuage,  and  in  no  case  can  they  be  deprived  of  the  floor. 

*  When  called  before  the  chambers  the  ministers  are  not  compelled,  except  in 
definite  cases  (as  for  example,  that  provided  for  in  Art.  81),  to  give  the  required 
information. 

*  Until  the  passage  of  this  law  ministerial  responsibility  continues  to  be  a  dead 
letter  in  Prussia.    (See  Introduction,  pp.  22-3  and  Note  to  Art  44.) 

*  On  the  relation  of  the  king  to  the  chambers  in  legislation,  see  Introduction, 
pp.  17  et  seg. 

[236] 


The  Constitution  op  Prussia.  41 

unusual  state  of  distress  when  the  chambers  are  not  in 
session,  ordinances,  which  do  not  contravene  the  consti- 
tution, ma}^  be  issued  with  the  force  of  the  law,  on  the 
responsibility  of  the  whole  ministry.  But  these  must 
be  immediately  laid  before  the  chambers  for  approval  at 
their  next  meeting.* 

Art.  64.  The  king,  as  well  as  each  chamber,  shall 
have  the  right  of  proposing  laws.  Bills  that  have  been 
rejected  by  one  of  the  chambers,  or  by  the  king,  cannot 
be  re-introduced  during  the  same  session. 

Arts.  65-69.  [As  amended  May  7,  1853.]  *  The  first 
chamber  shall  be  formed  by  royal  ordinance '  {Anord- 

^  The  refusal  of  the  chambers  to  ratify  such  prorisiooal  Uws  does  not  invaUdate 
them.  They  remain  iu  force  until  the  king,  as  he  is  constitutionally  bound  to  do, 
revokes  them. 

•  The  original  articles  provided  for  an  upper  house  consisting  of  certain  mem- 
bers by  right  of  birth,  others  appointed  by  the  king  for  life,  and  lastly  one  hun- 
dred and  twenty  elective  members  chosen  by  the  richer  clissci  and  the  citica. 
These  latter  were  to  hold  their  seats  six  years. 

An  account  of  the  composition  of  the  present  upper  house  will  be  found  in  the 
following  note. 

*  This  delegation  to  the  king  of  the  power  to  constitute  the  npper  bouse  as  be 
might  choose  without  even  consulting  the  representatives  of  the  people  is  a  strik- 
ing example  of  the  reaction  during  the  latter  years  of  the  reign  of  Frederick 
William  IV.  The  chief  provisions  of  the  ordinance,  which  the  king  issued  Octo> 
ber  12,  1854,  regulating  the  membership  of  the  upper  house,  are  as  follows: 

The  House  of  Ijorda  consists  of  hereditary  members  and  of  members  appointed 
for  life  by  the  king.  The  first  includes  the  Princesof  the  Ro)ral  Family,  the  mem- 
bers of  the  former  Holy  Roman  Empire  holding  possessions  within  the  limits  of 
the  Prussian  State  who  were  recognized  by  the  Act  of  Confederadon  {BumddsakO 
of  1815,  those  lords  and  gentlemen  summoned  to  the  United  Diet  in  1S47.  as  well  as 
any  others  whom  the  king  may  from  time  to  time  designate. 

The  king  is  to  choose  the  life  members  from  ia)  the  nominees  of  certain  speci- 
fied corporations,  and  {b)  such  persons  as  excite  especial  royal  confidence.  Class 
(a)  are  nominated  by  cathedral  chapters,  provincial  organisations  of  the  nobility 
and  unions  of  possessors  of  great  landed  estates,  by  the  universities  and  bj  Mdi 
cities  as  the  king  may  designate. 

Although  the  king  is  quite  free  to  acceiK  or  r^ect  these  nominations  and  may 
be  said  in  accon^ance  with  the  provisions  of  the  constitution  really  to  choose  ttaeai 
the  system  of  nominations  as  provided  for  in  the  ordinance  cettaiAly  violftlW 

[»37] 


42  Annaxs  of  the  American  Academy. 

nung)  which  can  only  be  altered  by  a  law  to  be  issued 
with  the  approval  of  the  chambers. 

The  first  chamber  shall  be  composed  of  members 
appointed  by  the  king,  with  the  right  of  hereditary 
transmission,  or  only  for  life. 

Art.  69.  [As  amended  April  30,  1851;  May  17,  1867, 
and  June  23,  1876.]  The  second  chamber  shall  consist 
of  four  hundred  and  thirty-three  members.^ 

The  electoral  districts  shall  be  determined  by  law. 
They  shall  consist  of  one  or  more  circles  {Kreisen)^  or  of 
one  or  more  of  the  larger  towns.* 

Art.  70.  Every  Prussian  who  has  completed  his 
twenty-fifth  year,*  and  is  qualified  to  take  part  in  the 
elections  of  the  commune  where  he  is  domiciled,  is 
entitled  to  act  as  a  primary  voter  ( Urwahler). 

One  entitled  to  take  part  in  the  election  of  difierent 

the  constitution.  The  members  selected  are  not  life  members,  because  they 
cease  to  be  members  of  the  House  of  I^ords  so  soon  as  they  lose  the  status  in  virtue 
of  which  they  were  nominated.  If  a  professor  representing  a  university  is  called 
to  another  position,  if  a  magistrate  representing  a  city  loses  his  oflSce,  if  one  nom- 
inated by  the  landed  gentry  sells  his  property  his  seat  in  the  chamber  is  looked 
upon  as  vacated.  The  king  in  drawing  up  the  ordinance  failed  to  observe  the  re- 
strictions imposed  by  Articles  65-68  (in  their  amended  form),  for  these  only  permit 
hereditary  and  life  members  in  the  upper  house.    Cf  Schulze,  2te  aufl.  i,  584  note. 

Finally  it  is  noticeable  that  the  king  is  in  no  way  limited  in  respect  to  the  num- 
ber of  members  he  may  call  to  the  upper  house.  (The  text  of  the  ordinance  issued 
by  the  king  October  12, 1854,  establishing  the  composition  of  the  House  of  I^rds, 
is  given  by  Amdt,  216  et  seq.,  as  well  as  a  list  of  the  forty-four  towns,  which  have 
been  designated  by  the  king  to  make  nominations.) 

» The  original  number  of  350  members  was  in  1851  increased  by  two  for  the 
annexed  Province  of  Hohenzollern,  in  1867  by  eighty  for  the  newly  annexed  terri- 
tory of  Hanover,  Nassau,  etc..  and  finally  by  one  in  1876  for  I^uenburg. 

•The  law  of  June  27,  i860,  with  various  later  modifications,  establishes  the  electoral 
districts  (text  in  Amdt,  253).  The  districts,  as  a  rule,  return  two  members,  but 
occasionally  three,  and  frequently  but  one.  The  legislation  of  1884-85  redistricted 
the  Provinces  of  Hanover  and  Hesse-Nassau,  where  (with  two  exceptions),  each 
district  elects  a  single  deputy. 

*  The  ordinance  of  1849  says  twenty-four  years.    (Sec  next  note.) 

[238] 


i 


The  Constitution  of  Prussia.  43 

communes,  can  only  exercise  his  right  as  primary  voter 
in  one  commune. 

Art.  71.  For  every  250  souls  of  the  population,  one 
elector  ( Wahlmann)  shall  be  chosen.  The  primary  voters 
shall  be  divided  into  three  classes  in  proportion  to  the 
amount  of  direct  taxes  they  pay,  and  in  such  a  manner 
as  that  each  class  shall  represent  a  third  of  the  sum  total 
of  the  taxes  paid  by  the  primary  voters. 

This  sum  total  shall  be  reckoned : 

(a)  By  communes,  in  case  the  commune  forms  of  itself 
a  primary  electoral  district. 

(b)  By  districts  {Bezirke\  in  case  the  primary  electoral 
district  consists  of  several  communes. 

The  first  class  shall  consist  of  those  primary  voters, 
highest  in  the  scale  of  taxation,  who,  taken  together, 
pay  a  third  of  the  total. 

The  second  class  shall  consist  of  those  primary  voters, 
next  highest  in  the  scale,  whose  taxes  form  a  second 
third  of  the  whole. 

The  third  class  shall  be  made  up  of  the  remaining 
taxpayers  (lowest  in  the  scale)  who  contribute  the  other 
third  of  the  whole. 

Each  class  shall  vote  apart,  and  shall  choose  each  a 
third  of  the  electors. 

These  classes  may  be  divided  into  several  voting 
sections,  none  of  which,  however,  must  include  more 
than  500  primary  voters. 

The  electors  shall  be  chosen  by  each  class  from  the 
number  of  the  primary  voters  in  their  district,  without 
regard  to  the  classes. 

Art.  72.  The  deputies  shall  be  chosen  by  the  electors. 

Further  details  relating  to  the  elections  shall  be  deter- 
mined by  an  electoral  law,*  which  shall  also  make  the 

»  Article  115  ptoWdes  that  until  thl«  propoMd  law  U  pMMd  the  ordinaocc  oT 
May  5, 1849  (see  IntroducUon,  p.  13),  regulaUng  the  eleotfoo  oT  mcrabcrt  to  ibe 

[239] 


44  Annals  of  the  American  Academy. 

necessary  provision  for  those  cities  where  flour  and  meat 
duties  are  levied  instead  of  direct  taxes. 

Art.  73.  [As  amended  May  22,  1888.]  The  legislative 
period  of  the  second  chamber  shall  be  five  years.^ 

Art.  74.  [As  amended  March  27,  1872.]  Every  Prus- 
sian is  eligible  as  deputy  to  the  second  chamber  who 
has  completed  his  thirtieth  year,  who  has  not  forfeited 
his  civil  rights  in  consequence  of  a  valid  judicial 
sentence,  and  who  has  been  a  Prussian  subject  for  three 
years.* 

The  president  and  members  of  the  supreme  chamber 
of  accounts  cannot  sit  in  either  house  of  the  diet  (Land- 

Art.  75.  After  the  lapse  of  a  legislative  period  the 
chambers  shall  be  elected  anew,  and  the  same  in  the 
event  of  dissolution.  In  both  cases  previous  members 
are  re-eligible. 

Art.  76.  [As  amended  May  18,  1857.]  Both  houses 
of  the  diet  of  the  kingdom  shall  be  regularly  convened 

lower  house  shall  remain  in  force.  No  such  general  law  has  been  passed,  but  the 
provisions  of  the  constitution,  so  far  as  they  go,  are  nearly  identical  with  those  of 
the  ordinance  of  1849,  and  the  succeeding  modifications  of  this  which  have  from 
time  to  time  been  made.  The  text  of  this  ordinance,  with  later  legislation,  includ- 
ing the  law  of  June  29,  1893,  will  be  found  in  Arndt,  225  and  321.  Each  pri- 
mary election  district  must  choose  at  least  three  electors,  but  may  not  be  so  large 
as  to  choose  more  than  six.  The  number  chosen  by  a  primary  district  must,  if 
possible,  be  divisible  by  three.  When  there  is  one  odd  elector  he  is  chosen  by  the 
second  class,  if  two,  one  is  chosen  by  the  first  and  one  by  the  third  class.  (Ordi- 
nance of  1849,  Sec.  14.)  The  voting  is  viva  voce,  both  in  choosing  of  electors  and  in 
the  selection  of  the  deputies  themselves.  The  third  class  of  voters  contains  not 
•nly  those  voters  who  pay  the  smallest  taxes,  but  those  who  pay  no  tax.  The 
electors  must  belong  to  the  electoral  district  where  they  are  chosen,  but  need  not 
belong  to  the  class  electing  them,  but  the  deputies  need  not  be  residents  of  the 
district  when  they  are  elected. 

» Originally  three  years. 

•The  ordinance  of  1849,  above  referred  to,  establishes  one  year. 

*Thls  last  clause  was  wanting  in  the  original  form. 

[240] 


Thb  Constitution  op  Prussia.  45 

by  the  king  in  the  period  from  the  beginning  of  Novem- 
ber in  each  year  till  the  middle  of  the  following  January, 
and  otherwise  as  often  as  circumstances  may  require.* 

Art.  77.  The  chambers  shall  be  opened  and  closed 
by  the  king  in  person,  or  by  a  minister  appointed  by 
him  for  this  purpose  in  a  joint  session  of  the  chambers. 

Both  chambers  shall  be  simultaneously  convened, 
opened,  adjourned  and  closed.  If  one  chamber  shall  be 
dissolved,  the  other  shall  be  at  the  same  time  prorogued. 

Art.  78.  Each  chamber  shall  examine  the  credentials 
of  its  members  and  decide  thereupon.  It  shall  regulate 
its  own  order  of  business  and  discipline  by  its  rule  of 
order,  and  elect  its  president,  vice-presidents  and  secre* 
taries. 

Members  of  the  public  service  shall  require  no  special 
permit  ( Urlaiib)  in  order  to  enter  the  chamber. 

If  a  member  of  the  chamber  shall  accept  a  salaried 
office  of  the  State,  or  is  promoted  in  the  service  of  the 
State  to  a  post  involving  higher  rank  or  increase  of 
salary,  he  shall  lose  his  seat  and  vote  in  the  chamber, 
and  can  only  recover  his  seat  in  it  by  re-election. 

No  one  can  be  a  member  of  both  chambers. 

Art.  79.  The  sittings  of  both  chambers  shall  be 
public.  On  the  motion  of  its  president,  or  of  ten  mem- 
bers, each  chamber  may  meet  in  private  session  at  which 
the  first  motion  taken  up  shall  be  the  question  of  con- 
tinuing the  secrecy  of  the  session. 

Art.  80.  [As  amended  May  30, 1855.]  The  chamber 
of  deputies  cannot  take  action  unless  there  is  a  majority 
of  the  legal  number  of  its  members  present.  Each 
chamber  shall  take  action  by  absolute  majority  of  votes, 

» This  article  originally  read:  "The  chambcn  fthall  be  regularly  AMcmbM  by 
the  king  in  the  month  of  November  of  each  year,  and  oUierwi«e  as  often  M  dT" 

cumstances  demand." 

[a4«] 


46  Annals  of  thk  American  Academy. 

subject   to   any  exceptions  that  may  be  determiued  by 

the  rules  of  order  lor  elections. 

The  house  of  lords  shall  not  take  action  unless  at 
least  sixtN'  members  of  the  house  holding  seats  and 
votini;  in  accordance  with  the  provisions  of  the  ordinance 
of  (  )ctolx'r  12,  1S54,  shall  be  present/ 

Art.  Si.  ICach  chamber  shall  have  the  separate  right 
o{  prcscntin^i;-  addresses  to  the  king. 

No  one  ma\-  in  ])crson  present  to  the  chambers,  or  to 
one  oi   them  a  petition  or  address." 

Macli  chamber  can  transmit  to  the  ministers  the  com- 
municcitions  made  to  it,  and  demand  information  of 
them  in  regard  to  any  grievances  thus  presented. 

Art.  i^2.  Ivich  chandler  shall  be  entitled  to  appoint 
f  T  its  own  information  commissions  of  inquiry  into  facts. 

Art.  St^.  The  mend^ers  of  both  chandlers  are  repre- 
sentati\es  of  the  whole  people.'^  They  shall  vote  accord- 
ing t»)  their  own  convictions,  and  shall  not  be  bound  by 
commissions  or  instructions. 

Ai:'r.  S^.  lM)r  their  votes  in  the  chand)er  they  can 
never  be  called  to  account,  and  for  the  opinion  they 
e.\])ress  tlierein  they  can  onl\'  be  called  to  account  within 
llie  eliaml)er  itself,  in  virtue  of  the  rules  of  order. 

No  mend)er  of  either  chandler  can,  without  its  assent, 
In-  li.ul  up  for  (.•xamination,  or  be  arrested  during  the 
paiiianientar)'  session  for  an\'  ])enal  ofll-nce,  unless  he  be 
•..iKf;;  in  tlie  act,  or  in  the  course  of  the  following  day. 

I  !■'.     .i!'w   !r  oii^in.iKy   provi-U-d   tlic   same   rules   for   a   (iiioruin   in    both  of  the 

'  i  ;••-  1  in."-:  MS  i.--i:ts  of  jx-rmitt  iii^' nutsiiifT'^  to  prcirnt  jxtitions  in  jx-rson  is 
,.  ,  ^,  ^.  ^  ,  .-•.'.■:  1'.;;:  t  :.i'.  ,1  tli:i!i  Lv  til'-  siK  ir---iv  in  va --ions  of  tlir  lci;i  sin  tire  and 
(^.:l^•.   '.'-;;•    1-    <-iii!  .1  i-s  .  1  u !  i  11 ;;  tlir  I-H-mli  K<-volut  Ion  by  lh<-  mob  of  I'aris. 

':■'•■■;•-  f  f ::.'-:  as"-int-'.i' s  of  r'-lat's  <-ar!i  >;;.;uj- of  (Ici.ulits  had  been  rc-garded 
a«  •-;,:-.vr:r.i!:.;  r  t  ".:  >:  v.  !y  thrii  j.ailicular  Social  caste  and  not  the  nation  or 
I>r'jTiu^r  as  a  vrh  .Ic        ^)rt■  intr'y<luctio!i,  ]>,  ';  ) 

[242] 


Thb  Constitution  op  Prussia.  47 

Assent  shall  alike  be  necessary  in  the  case  of  arrest 
for  debt. 

All  criminal  proceedings  against  a  member  of  the 
chamber,  and  all  arrests  for  preliminary  examination  or 
civil  arrest,  shall  be  suspended  during  the  parliamentary 
session  on  demand  from  the  chamber  concerned. 

Art.  85.  The  members  of  the  second  chamber  shall 
receive  out  of  the  State  treasury  traveling  expenses  and 
a  salary  to  be  fixed  by  law.*  Renunciation  thereof  shall 
be  inadmissible. 

Title  VI. 

THE  JUDICIAL   POWER.* 

Art.  86.  The  judicial  power  shall  be  exercised  in  the 
name  of  the  king,  by  independent  tribunals  subject  to 
no  other  authority  than  that  of  the  law. 

Judgments  shall  be  issued  and  executed  in  the  name 
of  the  king. 

Art.  87.  The  judges  shall  be  appointed  for  life  by  the 
king,  or  in  his  name. 

They  can  only  be  removed  or  temporarily  suspended 
from  office  by  judicial  sentence,  and  for  reasons  pre- 
viously prescribed  by  law.  Temporary  suspension  from 
office,  so  far  as  it  does  not  occur  in  consequence  of  a  law, 
and  involuntary  transfer  from  one  position  to  another, 
or  to  the  superannuated  list,  can  occur  only  from  the 
causes  and  in  accordance  with  the  forms  prescribed  by 
law,  and  only  in  virtue  of  a  judicial  sentence. 

» By  the  law  of  July  24. 1876,  the  salary  of  members  is  fixed  at  15  marlu  or  aboat 
$3.57  a  day.  When  trayeling  by  rail  the  indemnification  is  13  pf.  per  kilometre 
with  3  marks  for  expenses  of  starting  for  or  leaTing  Berlin. 

•  Many  of  the  provisions  of  this  section  hare  been  rendered  obaolete  by  the 
comprehensive  Federal  legislation,  especially  the  sUtute  regulaUof  the  coartaof 
the  empire.  {Gerichtsver/assungTgeuU)  of  Jannary  xj,  1877,  which  only  tolerate* 
the  regulation  of  the  courU  by  sUte  Uw  when  UiU  Is  ezprcasly  pennlttcd.  (See 
Note  to  Art.  106.) 

[243] 


48     Annai^  of  the  American  Academy. 

But  these  provisions  do  not  apply  to  cases  of  transfer 
rendered  necessary  by  changes  in  the  organization  of  the 
courts  or  of  their  districts. 

Art.  87  [added  February  19,  1879].  In  the  formation 
of  courts  common  to  the  territory  of  Prussia  and  to  that 
of  other  Federal  States,  deviations  from  the  provisions 
of  Article  86,  and  of  the  first  clause  of  Article  87,  are 
permissible. 

Art.  88.^    [Abrogated  April  30,  1856.] 

Art.  89.  The  organization  of  the  tribunals  shall  be 
determined  by  law. 

Art.  90.  To  the  judicial  ofiice  only  those  shall  be 
appointed  who  have  qualified  themselves  for  it  as  pre- 
scribed by  law. 

Art.  91.  Courts  for  special  classes  of  cases,  and,  in 
particular,  tribunals  for  trade  and  industry,  shall  be 
established  by  statute  in  those  places  where  local  needs 
may  require  them. 

The  organization  and  jurisdiction  of  such  courts, 
as  well  as  their  procedure  and  the  appointment  of 
their  members,  the  special  status  of  the  latter,  and 
the  duration  of  their  office,  shall  be  determined  by 
law. 

Art.  92.  In  Prussia  there  shall  be  only  one  supreme 
tribunal. 

Art.  93.  The  proceedings  of  the  civil  and  criminal 
courts  shall  be  public,  but  the  public  may  be  excluded 
by  a  publicly  announced  resolution  of  the  court,  when 
order  or  good  morals  may  seem  endangered  (by  their 
admittance). 

In  other  cases  publicity  of  proceedings  can  only  be 
limited  by  law. 

*  This  article  provided  that  judges  were  to  hold  no  other  salaried  public  ofllce. 

[244] 


The  Constitution  of  Prussia.  49 

Art.  94.^  [As  amended  May  31,  1852.]  In  criminal 
cases  the  guilt  of  the  accused  shall  be  determined  by  jury- 
men, in  so  far  as  exceptions  are  not  introduced  by  a  law 
issued  with  the  previous  assent  of  the  chambers.  The 
formation  of  the  jury-court  shall  be  regulated  by  a  law. 

Art.  95.  [As  amended  May  21,  1852.]  By  a  law  issued 
with  the  previous  assent  of  the  chambers,  there  may  be 
established  a  special  court,  the  jurisdiction  whereof  shall 
include  the  crimes  of  high  treason,  as  well  as  those 
crimes  against  the  internal  and  external  security  of  the 
State,  which  may  be  assigned  to  it  by  law. 

Art.  96.  The  jurisdiction  of  the  courts  and  of  the 
administrative  authorities  shall  be  detennined  by  law. 
Conflicts  of  authority  between  the  courts  and  the  admin- 
istrative authorities  shall  be  settled  by  a  tribunal  indi- 
cated by  law.* . 

Art.  97.  A  law  shall  determine  the  conditions  on 
which  public  officials,  civil  and  military,  may  be  prose- 
cuted, for  wrongs  committed  by  them  in  exceeding  their 
functions.  But  the  previous  assent  of  superior  officials 
shall  not  be  required  as  a  condition  of  bringing  suit' 

1  Articles  94  and  95,  which  in  their  original  form  provided  for  a  M>iii«what  more 
general  application  of  trial  by  jury,  arc  now  both  superseded  by  the  Pcderml  tega- 
lations. 

3  It  can  easily  happen  that  the  ordinary  courts  and  the  admlaiatratiw  avtborl- 
ties,  which  also  exercise  judicial  functions,  both  claim  the  rlfht  to  decide  •  certain 
case.  In  order  to  settle  such  disputes  and  establish  in  ^iven  iaatances  Jmt  what 
belongs  to  the  jurisdiction  of  the  court*  and  what  to  that  of  the  administrmttre 
organs,  an  impartial  judge  is  necessary,  A  court  for  the  special  parpoae  of  decid- 
ing conflicts  of  this  kind,  composed  of  members  t>elonging  partly  to  the  Judiciary 
and  partly  to  the  administration,  was  esUblUhed  by  the  law  of  Angvat  i,  1879. 
(The  text  to  be  found  in  Arndt,  aj6.) 

3  What  means  to  adopt  In  order  to  protect  the  indiridaal  citiien  agsiMt  tbe 
abuse  of  power  on  the  part  of  the  goremment  officials,  witbont.  at  the  aame  time. 
interfering  with  and  hampering  the  administration,  is  a  |>roblera  which  has 
received  much  attention  in  Prussia.  The  tendency  in  England  and  the  United 
States  is  to  protect  the  right  of  the  citixen  at  any  cort  by  aUowing  blm  to 

[a45] 


50  Annals  of  thk  Amkrican  Acadp:my. 

TiTLK  VII. 
PUBLIC     Ol'KICIAI^S     NOT     iil-LONGINO     TO    THE   JUDICIAL 

CLASS. 
Art.  9S.  The  special  lei^al  status  {I\cc/ifsrfr/uUf?iissc) 
ot"  public  uiliciais,  iucludiui;-  advocates  aud  solicitors 
{StiU2tSini:iuilfi')  not  beloUL;iu^i;  to  the  judicial  class  sliall 
Ix'  determined  by  a  law  which,  without  unduh'  restrict- 
in'4  the  _i;ovcrnnient  in  the  choice  of  its  executive  ai^ents, 
sliall  secure  to  civil  servants  proper  protection  a<;ainst 
arbitrary  dismissal  from  their  posts  or  deprivation  of 
their  pay. 

TiTLK   VIII. 

THL:    FINANCIvvS. 

Art.  99.  All  income  and  expenditures  of  the  State 
shall  be  estimated  in  advance  for  every  year/  and  be 
incoiporated  in  the  bud.q;et. 

Tile  latter  shall  be  annually  fixed  by  a  law. 

Art.  too.  Taxes  and  contributions  to  the  public 
licasury  shall    be   collected   only  in   so  far   as  they  shall 

•'|i-;iliii':  i)tru  i.ils  like  any  jjiivate  person  accused  of  viohitiuK  ^le  law.  In  har- 
::iji.y  .*ali  S'.i])  Kiouie  (.'oiui  plious  uf  tin- stale*  it  had  hi-eii  ri  q;ii-<iti-  in  Prussia 
ni:t;l  till  >.w:i>,i:ti!liw:i  w.i-.  iut  I  ■  jiiuccd,  to  obtain  the  i)onnissiou  of  Ur'  supt-iior 
4  Iij;iiii  ,!r.iUvL-  uliuial-  hrC.rf  it  was  jjussihlc-  to  insti^^^ato  i)ri)ci-i.-(linj;s  iii  the  courts 
i,;i.::>'.  i ;.  :ii>  ;  il  arcu-^rd  1  )f  cxccrdiir.;  his  power  or  of  iieuhel  of<hity.  While 
A:r  I  ,^  I'l  .li-h"  i  this  sv-t.  m,  it  (Hd  n  it  jjicvent  a-i  adininistratiin  ji-ahius  of 
.\\i-\'<-'.  i\  i-  ;■.  .:n  pl.niti  ;  .dm  .^t  i  a  siirnu  aintahlc  obsl.ich  wn  t  lie  way  of  a  i.ili/.en 
-:..  .«•':.;:•,'  1  Im  Ml."  .i!i  wir.ndiii';  K'>vern  !ii(  nl  ofhci-il.  The  I'eder.d  Icvjisla- 
•.  .:i  i'l..-.  in  !l.  -a  .M'-i  l.r.-n  ■  iliit  .1:  y ,  1 -at  t  lie  <  >.  i  ^t  in:;  law  still  provides  tliatthe 
•  ip-ca  ..  '.i:.-. :;,!•. .■•.■.■.  .  >uit  \()!rri'f>:ra!lun.:s-,-Hihl)  nni-.t  d.eide,  hcfoi  e  an 
■'■'.'■.  >r;  '.  a-  !,  wh'  'dif-r  he  ha,  leallyhcii  Kuilly  of  exeecdine,  lii-  ofTicial 
;    ■••    '      ■«     ■  :    :.'..:•!    .a   du'.v.       S'-e    the    <xrrll(iil    di-;cu^->i)n   of  tlii-^  iiuestion    ill 

TV.'.  •.  !;■  a  \t  1  ,  i.i  t  ol  ..-ivd  in  th<-  yer\r  i'-'''>.  win  11  the  ))udij<-t  wn.s 
■«  'M^'.'.v.  .:  ■;,:•  t-I  '•'-!  r-  !':'•  l.-ziTMiin,;  of  th'- hseal  year  i -a;  >,  t  c)  wh  icli  it  related. 
It  I'T't  I  <-<-!!  !-•{.<■  ,t'  ':,■  ■.  ■;  .'.iti-d  sini'-.  I'r')in  \^i'<i  to  i-'.,  there  w.is  no  budget 
•  K"-'-d  ap   •.,  .\ii  1  la-  ,;  .v.M  nnirTil  wa^  enadu'ded  without  apjjroprialiou."*. 

[->,r,J 


The  Constitution  op  Prussia.  51 

have  been  included  in  the  budget,  or  authorized  by 
special  laws/ 

Art.  ioi.  In  the  matter  of  taxes  there  shall  be  no 
privileges. 

Existing  tax-laws  shall  be  subjected  to  a  revision, 
and  all  such  privileges  abolished. 

Art.  102.  State  and  communal  officers  can  levy  fees 
only  when  authorized  by  law. 

Art.  103.  The  contracting  of  loans  for  the  SUte  trea- 
sury can  only  be  effected  in  virtue  of  a  law;  and  the  same 
holds  good  of  guarantees  involving  a  burden  to  the  State. 

Art.  104.  Any  violation  of  the  provisions  of  the  budget 
shall  require  subsequent  approval  by  the  chambers. 

The  accounts  relating  to  the  budget  shall  be  examined 
and  audited  by  the  supreme  chamber  of  accounts.  The 
general  budget  accounts  of  every  year,  including  the 
tabular  view  of  the  national  debt  shall,  with  the  com- 
ments of  the  supreme  chamber  of  accounts,  be  laid 
before  the  chambers  for  the  purpose  of  discharging  tlic 
government  of  responsibility. 

A  special  law  shall  regulate  the  establishment  and 
functions  of  the  supreme  chamber  of  accounts.' 

Title  IX. 

THE  CX)MMUNES,  CIRCUITS,  DISTRICTS,  AND   PROVINCIAL 

BODIES. 

Art.  105.  [As  amended  May  24,  1853.]  The  represen- 
tation and  administration  of  the  communes,  circuits  and 

» The  provisions  of  Articles  99  and  100,  which  wonld  •ecm  to  give  the  ^Mmber*  • 
Tery  complete  contml  over  the  granting  of  taxes,  are  rendered  aloMMt  ■ogatory  la 
this  respect  by  the  highly  anotnaloua  Article  109,  which  proridea  that  all  cxiMiaf 
taxes  shall  continue  to  be  raised  unleas  altered  by  Uw.  The  chamberi  have  do 
constitutional  right  to  omit  existing  taxe«  from  the  budget.  Theae  can  only  be 
abolished  by  a  law  requiring  the  nnction  of  the  king.  The  rrault  ia  that  tkc 
control  of  the  chambers  is  reduced  to  the  right  to  grant  or  refuae  to  graot  ■/» 
taxes,  or  the  augrmentation  of  existing  one*.    (Cf.  note  on  Article  10^) 

*Such  a  law  was  passed  March  37.  187a. 

[247] 


5f  Annai^  of  the  American  Academy. 

provinces  of  the  Prussian  State,  shall  be  determined  by- 
special  laws.^ 

general  provisions. 

Art.  io6.  Laws  and  ordinances  shall  be  binding 
when  published  in  the  form  prescribed  by  law. 

The  examination  of  the  validity  of  properly  promul- 
gated royal  ordinances  shall  not  be  within  the  compe- 
tence of  the  government  authorities  {Behbrde)  but  of 
the  chambers  solely.^ 

Art.  107.  The  constitution  may  be  amended  by  the 
ordinary  method  of  legislation,  and  such  amendment 
shall  merely  require  the  usual  absolute  majority  in  each 
chamber  on  two  divisions,  between  which  there  must 
elapse  a  period  of  at  least  twenty-one  days.^ 

Art.  108.  The  members  of  both  chambers,  and  State 
officials,  shall  take  the  oath  of  fealty  and  obedience  to 
the  king,  and  shall  swear  conscientiously  to  observe  the 
constitution. 

The  army  shall  not  take  the  oath  to  observe  the 
constitution. 

Art.  109.  Existing  taxes  and  dues  shall  continue  to 
be  raised;  and  all  provisions  of  existing  statute-books, 
single  laws  and  ordinances,  which  do  not  contravene  the 

>  This  article  was  ori^nally  much  longer,  and  established  the  general  principles 
which  were  to  be  followed  in  the  provincial  and  local  organization. 

•  The  "  government  officials  "  here  mentioned  include  the  courts.  Although  only 
ordinances  are  mentioned  here  the  courts  may  not,  as  a  matter  of  fact,  consider 
the  constitutionality  of  auy  law.  This  article  illustrates  the  very  different  position 
of  the  courts  in  Prussia  from  that  in  our  own  country,  where  they  may  freely  pro- 
nounce upon  the  constitutionality  of  laws,  and  thus  exercise  a  check  upon  the 
legislative  bodies.    (See  Introduction,  p.  23.) 

*Any\2Lvr  passed  under  the  conditions  enumerated  in  Article  107  is  constitu- 
tional. It  need  not,  so  long  as  these  conditions  are  fulfilled,  be  called  explicitly  an 
amendment  to  the  constitution,  no  matter  how  radically  it  interferes  with  the  pro- 
visions of  that  document. 

[248] 


The  Constitution  op  Prussia.  53 

present  constitution,  shall  remain  in  force  until  altered 
by  law/ 

Art.  jig.  All  administrative  authorities  holding  ap- 
pointments in  virtue  of  existing  laws  shall  continue 
their  activity  until  the  issue  of  organic  laws  affecting  them. 

Art.  III.  In  the  event  of  war  or  revolution,  and 
pressing  danger  to  public  security  therefrom  ensuing, 
Articles  5,  6,  7,  27,  28,  29,  30  and  36  of  the  constitu- 
tion  may  be  suspended  for  a  certain  time  and  in  certain 
districts.     The  details  shall  be  determined  by  law. 

TEMPORARY   PROVISIONS. 

Art.  112.  Until  the  issue  of  the  law  contemplated  in 
Article  26,  educational  matters  shall  be  governed  by  the 
laws  at  present  in  force. 

Art.  113.  Prior  to  the  revision  of  the  criminal  law,  a 
special  law  will  deal  with  offences  committed  by  word, 
writing,  print  or  pictorial  representation.* 

Art.  114.^  [Repealed  April  14,  1856.] 

Art.  115.  Until  the  issue  of  the  electoral  law  contem- 
plated in  Article  72,  the  ordinance  of  the  thirtieth  of 
May,  1849,  touching  the  election  of  deputies  to  the  sec- 
ond chamber,  shall  remain  in  force.* 

Art.  116.  The  two  supreme  tribunals  now  existing 

1  The  natural  in  Terence  would  be  that  this  article  which  contradict*,  and  torn 
great  extent  nullifies  Article  loo,  was  meant  to  be  aimply  a  Umporat  proriaioa, 
which  should  for  the  time  being  insure  an  income  to  the  goremment  until  a 
budget  should  be  duly  drawn  up  This  was  undoubtedly  the  original  latent  of  the 
provision  which  would  have  then  belonged  under  the  title,  "temporary  pro- 
visions." It  found  its  way,  however,  among  the  "general  proviaiona,"  and 
appears  to  have  been  retained  advisedly  in  that  poiitioa  witb  the  lalcotioa  of 
depriving  the  chambers  of  the  right  to  reduce  the  govemaieiit  iaeome  wlUMat 
the  king's  consent  by  omitting  existing  tazea  from  the  bodgct.  (Sec  ▼.  Rtaac, 
op.  cit.,  1 121,  especially  pp.  658-59.) 

«Cf  notes  on  Articles  17  and  28. 

'  This  article  provided  for  the  provisionat  adminlitntioo  of  Uw  loosl  pottoc 

«  Cf.  note  on  Article  72. 

[249] 


54  Annai^s  of  thk  American  Academy. 

shall  be  combined  into  one.     The  organization  shall  be 
prescribed  by  a  special  law. 

Art.  117.  The  claims  of  State  officials  who  received 
a  permanent  appointment  before  the  promulgation  of 
the  constitution  shall  receive  special  consideration  in 
the  new  laws  regulating  the  civil  service. 

Art.  118.  Should  changes  in  the  present  constitution 
be  rendered  necessary  by  the  German  Federal  constitu- 
tion to  be  drawn  up  on  the  basis  of  the  draft  of  twenty- 
sixth  of  May,  1849/  such  alterations  shall  be  decreed 
by  the  king;  and  the  ordinances  to  this  eflfect  laid  before 
the  chambers,  at  their  first  meeting. 

The  chambers  shall  then  decide  whether  the  changes 
thus  provisionally  made  harmonize  with  the  Federal 
constitution  of  Germany. 

Art.  119.  The  royal  oath  mentioned  in  Article  54,  as 
well  as  the  oath  prescribed  to  be  taken  by  both  chambers 
and  all  State  officials,  shall  be  taken  immediately  after 
the  legislative  revision  of  the  present  constitution  (Arti- 
cles 62  and  108)  shall  have  been  completed. 

In  witness  whereof  v^^  have  hereunto  set  our  signature 
and  royal  seal.  Given  at  Charlottenburg,  the  thirty-first 
of  January,  1850. 

[l.s.]  Friedrich  Wilhelm. 

Graf  V.  Brandenburg,  v.  Landenberg,  v.  Man- 
teufiel,  V.  Strotha,  v.  d.  Heydt,  v.  Rabe,  Simons, 
v.  Schleinitz. 

1  The  draft  of  a  Federal  constitution,  here  referred  to,  was  drawn  up  at  the 
instigation  of  Prussia  and  with  the  co-operation  of  Bavaria,  Saxony  and  Han- 
over, after  it  became  evident  that  the  National  Constitutional  Convention  at 
Frankfurt  had  failed  in  its  efforts  to  reorganize  Germany. 


[250] 


I 


suppi«bment  to  thb 
Annals  op  The  American  Academy  op  Poutical  awd  Social  Scibnci, 

November,  1894. 


CONSTITUTION 


KINGDOM  OF  ITALY 


TRANSLATED  AND  SUPPLIED 

WITH 


AN  HISTORICAL  INTRODUCTION  AND  NOTES 

S.  M.  LINDSAY,  Ph.D. 

AltD 

LEO  S.  ROWE.  Ph.  D. 


INSTRUCTORS  IN  THE  WHARTON  SCHOOL  OP  FINAMCB 
UNrVBRSITY  OK  PKNNSYLVANIA. 


PHILADELPHIA: 
AMERICAN  ACADEMY  OF  POLITICAL  AND  SOCIAL  SCIENCE. 


1894. 


NOTE. 

This  Constitution,  by  means  of  the  numbers  at  the 
bottom  of  the  pages,  is  paged  continuously  with  the 
Constitution  of  the  United  States  of  Mexico,  which  was 
the  first  paper  in  Volume  II  of  the  Annals,  and  was 
issued  in  a  separate  edition  as  No.  27  of  the  Publications 
of  the  Academy ;  the  Constitution  of  the  Republic  of 
Colombia,  which  was  sent  as  a  Supplement  to  the  Jan- 
uary, 1893,  Annals,  and  was  also  issued  as  No.  79  of 
the  Publications  of  the  Academy ;  the  Constitutional 
and  Organic  Laws  of  France,  which  were  sent  as  a  Sup- 
plement to  the  March,  1893  Annals,  and  were  also 
issued  as  No.  86  of  the  Publications  of  the  Academy, 
and  the  Constitution  of  the  Kingdom  of  Prussia  which 
was  sent  as  a  Supplement  to  the  September,  1894,  An- 
nals, and  was  also  issued  as  No.  127  of  the  Publica- 
tions of  the  Academy. 


I 


OUTLINE  OF  CONTENTS.* 


PREAMBLE. 

Article. 

1.  State  religion. 

2.  Monarchical  fonn  of  government. 

3.  I,egislative  power  vested  in  king  and  two  cluunbers. 

4.  Inviolability  of  the  king's  person. 

5.  The  king  the  sole  executive.    Powers  to  declare  war  and  peace  aad 

treaties. 

6.  Appointing  power  of  king. 

7.  Promulgation  of  the  laws. 

8.  Pardoning  power  of  king. 

9.  Convoking  and  dissolving  the  chambers. 

10.  Initiative  in  legislation.    Budget  bills. 

11.  Majority  of  the  king. 

12.  Regent  during  king's  minority. 

13.  Regent  during  minority  of  king  and  of  bis  nearest  male  rclathre. 

14.  Queen-mother  as  regent. 

15.  Election  of  regent  in  the  absence  of  a  constitutionally  appointed  one. 

16.  Regent  in  case  of  physical  inability  of  king. 

17.  Education  of  king. 

18.  King's  rights  over  ecclesiastical  benefices. 

19.  Civil  list  of  crown.    Royal  palaces. 

20.  Private  property  of  king. 

21.  Civil  list  of  heir-apparent  and  of  rojral  princes.    Dowries  of  priaccttcaL. 

22.  Oath  of  king. 

23.  Oath  of  regent. 

Op  the  Rights  and  Duties  op  CmzsNS. 

24.  Universal  equality  before  the  law.    Equality  of  rights  and  of  eligibility  for 

office. 

25.  Equal  taxation. 

26.  Personal  freedom. 

27.  Freedom  from  search. 

28.  Freedom  of  the  press.    Printing  of  Bibles  and  church  books. 

29.  Inviolability  of  property.    Exception. 

30.  Uleg^  taxes. 

31.  Public  debt. 

32.  Right  of  assembly  in  private  places.    Restrictions  on  public  assetnbUea. 

Op  the  Sbnats. 

33.  Qnalification,  term  and  appointment  of  senators.    Oaatet eUfible  to  tmoMi 

senators. 

34.  Royal  princes  as  senators. 

♦This  Outline  of  ContenU  has  been  prepared  by  the  Bditon  of  the  AjnvAiA. 

[253] 


|.  Annals  of  the  Amkrican  Academy. 

35.  Officers  of  the  senate. 

36.  Senate  as  a  court. 

37.  Freedom  from  arrest. 

38.  Presentation  to  senate  of  legal  documents  about  royal  family. 

Of  the  Chamber  of  Deputies. 

39.  Mode  of  choosing  deputies. 

40.  Qualification  of  deputies. 

41.  Deputies  not  bound  by  instructions. 

42.  Term  of  office. 

43.  Election  of  officers. 

44.  Election  of  new  deputy. 

45.  Freedom  from  arrest. 
46  Arrest  for  debt. 

47.  Power  of  impeachment. 

Provisions  Rei^ating  to  Both  Houses. 

48.  Necessity  for  both  chambers  to  sit  at  once. 

49.  Oath  of  senators  and  deputies. 

50.  No  salary. 

51.  Immunity  of  debate. 

52.  Public  and  secret  sessions. 

53.  Necessity  of  a  quorum. 

54.  Majority  of  votes  cast. 

55.  Course  pursued  by  bills. 

56.  Rejected  bills. 

57.  Petitions  to  the  chambers. 

58.  No  presentation  of  petitions  in  person. 

59.  Deputations  to  the  chambers  forbidden.    Only  members,  ministers,  etc.,  to 

be  heard  by  chambers. 

60.  Judge  as  to  elections  and  qualifications  of  members. 

61.  Rules. 

62.  Official  language.    French  permitted  in  certain  cases. 

63.  Modes  of  voting. 

64.  No  person  to  be  a  member  of  both  chambers. 

Of  the  Ministers. 

65.  Appointment  and  dismissal. 

66.  Vote  in  chambers.   Right  to  speak  in  either  chamber. 

67.  Responsibility  of  ministers.    Signature  to  laws. 

Of  the  Judiciary. 

68.  King  the  head  of  judiciary. 

69.  Term  of  office  of  royal  appointed  judges. 

70.  Courts,  etc.,  to  remain  as  before  this  constitution. 

71.  Right  to  legal  trial.    Extraordinary  trials  and  commissions  forbiddei 

72.  Public  trials. 

73.  Interpretation  of  the  laws. 


I 


[254] 


OuTUNE  OF  Contents. 


Gbnsrai.  Provisions. 

74.  Regulation  of  local  institntioiiB  and  boondarin. 

75.  Military  conscriptions. 

76.  Communal  militia. 

77.  National  flag  and  color. 

78.  Knightly  orders. 

79.  Titles  of  nobility.    New  titles. 

80.  Prohibition^upon  receiving  foreign  decorations,  etc 

81.  Abrogation  of  laws  contrary  to  this  constitution. 

TRANSITORY  PROVISIONS. 

83.  Date  constitution  goes  into  effect.    Royal  ordinances  nntil  then. 

83.  King's  right  to  make  certain  laws. 

84.  Responsibility  of  ministers. 


I 


The  translators  desire  to  express  their  indebtedness  to  Dr.  Carlo  F. 
Ferraris,  Professor  of  Administrative  Law  and  Politics  at  the  Univer- 
sity of  Padua;  Dr.  G.  Mosca,  Professor  of  Public  Law  at  the  University 
of  Rome,  and  Sig.  M.  Pantaleoni,  Editor  of  the  (Homali  degli 
JSconomisHy  for  the  careful  revision  of  the  proof-sheets  and  many 
raloable  suggestions,  and  also  to  Commendatore  L.  Bodio,  Director 
of  the  Royal  Bureau  of  Statistics. 


THE  CONSTITUTION  OF  ITALY. 


HISTORICAL  INTRODUCTION. 

The  interest  with  which  the  American  people  fol- 
lowed every  step  in  the  progress  of  Italian  unification*  and 
the  sympathy  felt  for  this  nation  in  its  struggle  with  its 
French  and  Austrian  neighbors  invite  special  attention 
to  those  fundamental  provisions  upon  which  that  unity 
is  based.  In  treating  of  the  Italian  constitutional  devel- 
opment, one  fact  which  hardly  finds  its  parallel  in  any 
other  country,  becomes  apparent.  The  modem  Italian 
State  represents  the  gradual  aggrandizement,  both  as 
regards  area  and  internal  vigor,  of  a  comparatively  small 
State ;  the  Kingdom  of  Sardinia,!  This  nucleus  en- 
larged itself  through  a  more  or  less  willing  but  for- 
mally voluntary  annexation  of  adjacent  duchies  and 
principalities  and  by  cession  from  foreign  countries.  J 

By  the  year  1861  this  process  of  integration  had 
advanced  far  enough  to  enable  the  extended  Kingdom 
of  Sardinia  to  proclaim  itself  the  "  Kingdom  of  Italy." 
That  which  followed  may  be  looked  upon  as  the  gradual 
realization  of  those  aspirations,  which  were  the  neces- 
sary and  logical  outcome  of  the  intellectual  and  eco- 
nomic condition  of  Italy  at  that  time. 

•  It  is  only  necessary  to  refer  to  the  mass  meeting  held  at  the  Academy  of  Moale, 
in  New  York,  on  the  twelfth  of  January,  1871.  to  celebrate  the  aolfication  of  luly. 
The  proceedings  were  published  by  Putnam  &  Sona, 

t  The  Kingdom  of  Sardinia  in  the  year  1859  compriaed  Piedmont.  SaToy,  Nice  and 
Sardinia. 

X  In  the  latter  cases  however,  the  ceded  diatrlcU  expreaa*^  their  winingneaa 
through  their  plebiscite,  when  Austria  ceded  Lombardy  to  Piedmont  In  tSg^ 
although  no  plebiscite  took  place  at  that  time  ;  a  plebiscite  of  the  Sib  of  Jane,  iS^ 
had  already  decided  in  favor  of  such  annexation. 

[257] 


3      Annai^  of  the  American  Academy. 

In  order,  however,  to  fully  appreciate  the  closing 
scenes  in  the  course  of  Italian  unification,  it  is  neces- 
sary to  pass  rapidly  in  review  the  events  which  led  to 
that  fruitful  period  of  Italian  history  when  a  down-trod- 
<ien  people  claimed  for  itself  all  the  prerogatives  of  an 
independent  nation.  We  must  trace  the  movement  from 
ja.  time  when,  still  divided  into  a  great  number  of 
cduchies  and  principalities,  some  elements  of  the  present 
constitution  make  their  entry,  into  Italian  constitutional 
history.  Although  the  present  constitution  is  in  reality 
identical  with  that  granted  to  the  people  of  the  Kingdom 
of  Sardinia,  it  was  by  no  means  the  first  to  be  found 
-within  the  territorial  limits  of  the  present  Kingdom  of 
Italy.  For  this  we  must  go  back  as  far  as  the  close  of 
the  last  century,  when  the  French  Revolution  and  its 
principles  were  stirring  all  Europe  to  its  very  founda- 
tions, when  the  conquests  of  Napoleon  were  reforming 
and  rearranging  boundaries  and  jurisdictions.  Perhaps 
in  no  other  country  did  Napoleon  so  juggle  with  states 
and  peoples  as  in  Italy.  A  worthy  preliminary  to  his 
subsequent  policy  was  the  Treaty  of  Campo  Formio 
(1797),  wherein  the  whole  of  Northern  and  Central  Italy 
was  reconstituted  politically,  through  its  division  into 
four  republics. 

It  is  not  possible  to  bring  within  the  range  of  this 
summary,  a  sketch  of  the  varying  fortunes  of  these 
republics  which  suffered  division  and  subdivision, 
change  of  government  through  re-instatement  of  their 
respective  sovereigns,  etc.,  as  pleased  the  will  and  fancy 
of  Napoleon.  European  history  then  approaches  a 
period  which  was  destined  to  again  change  the  political 
complexion  of  Italy.  The  Congress  of  Vienna  attempted 
the   impossible   task  of  *'  ignoring  the  Revolution  of 

[258] 


Historical  Introduction.  9 

1789"  and  the  changes  effected  by  Napoleon.     As  re- 
gards  Italy,   the   internal    rearrangement  of    territory 
during  the  quarter  of  a  century  had  been  so  great  that 
although    certain   restorations   of  dethroned   monarchs 
were   provided  for,  the   former  territorial  limits  could 
no  longer  be  restored.     For  the  future  constitutional  de- 
velopment, the  most  important  amongst  these  was  the 
restitution  of  the  old  Kingdom  of  Sardinia,  with   the 
addition  of  Genoa,  to  the  House  of  Savoy.     With  this 
event  the  future  constitutional  history  of  Italy  is  inti- 
mately interwoven.     The   first   disturbing  element,  as 
has  so  often  happened  in  the  history  of  Italian  princi- 
palities, came  from  without    The  Austrian  treaty  of  1 82 1 
prevented  Victor  Emanuel  I.  from  making  any  conces- 
sions to  his  subjects.     This  led  to  an  insurrection  in 
Piedmont,  and  the  king,  not  wishing  to  openly  break 
with   Austria,  abdicated   in   favor  of  his  cousin,  Carlo 
Alberto,   who   was   appointed    regent.      He,    in    turn, 
acknowledged  the  superior  rights  of  Victor  Emanuers 
brother.    Carlo   Felice.     The    middle    of    the   century 
marks  a  period  of  great  intellectual  activity'.     The  best 
thought  of  the  people  was  being  directed  toward  the 
realization  of  those  ideals  of  national  unity  which  had 
found  expression  in  such  works  as  Balbo*s  ^^^  Speranze 
d' Italia,''  Gioberti's  "//  Primaio  morale  e  civile  degli 
Italiani^''   and   in   the  teachings  of  men  like  Massimo 
d'Azeglio,  Giusti,  Ricasoli,  Capponi  and  Manzoni.   These 
ideas  spread  rapidly  through  Piedmont,  but  more  espe- 
cially in  Tuscany.     The  way  had  now  been  prepared  for 
the  activity  of  the  two  men  who  contributed  most  to  the 
promotion  of  Italian  unification,  Garibaldi  and   Count 
Camillo   Benso   di   Cavour.     A  convenient  date    from 
which  to  follow  their  efforts,  is  the  accession  of  Pius  IX 

[259] 


lo  AnnaIvS  of  thk  American  Academy. 

to  the  pontifical  chair.  Great  hopes  had  been  enter- 
tained of  his  liberal  tendencies,  and  it  seemed  as  if  a 
period  of  vigorous  national  life  was  to  follow  the  grant- 
ing of  a  constitution  to  the  Pontifical  State.  As  a  matter 
of  fact,  constitutions  were  also  granted  in  Tuscany  and 
Piedmont.  But  at  this  juncture  an  event  occurred  which 
again,  though  seemingly  favorable  at  first,  turned  out  to 
be  a  retarding  factor  in  the  progressive  movement.  The 
tidal  wave  of  revolution  which  spread  over  Europe  with 
the  French  Revolution  of  1848  brought  Italy  into  a  state 
of  anarchy.  Carlo  Alberto,  then  King  of  Sardinia,  tak- 
ing advantage  of  the  general  bitterness  of  feeling, 
declared  war  against  Austria.  Carlo  Alberto  and  his  ^H 
allies  were  defeated  in  two  campaigns  which  lead  to  the 
abdication  of  the  king  in  favor  of  his  son,  Victor  Eman- 
uel II.  The  condition  of  Italy  at  the  time  of  his  acces- 
sion to  the  throne  was  by  no  means  favorable  to  the 
plans  he  had  in  mind.  Austria  still  maintained  her 
ascendancy  in  Parma,  Modena  and  Tuscany  through  the 
princes  which  she  herself  had  placed  on  these  thrones. 
The  liberal  ideas  of  Pius  IX.  had,  from  a  fear  of  revolu- 
tionary excesses,  given  way  to  a  bitter  reactionary  policy, 
and  Sardinia  itself,  the  only  centre  from  which  perma- 
nent relief  was  to  be  expected,  was  almost  crushed  by 
the  Austrian  forces. 

The  internal  reforms  effected  by  Victor  Emanuel  II, 
in  both  civil  and  religious  institutions,  contain  some  of 
the  main  principles  upon  which  the  modern  Italian  State 
is  based.  In  1850,  with  d'Azeglio  as  Prime  Minister,  the 
work  of  reform  was  inaugurated,  and  in  1852,  when 
Cavour  took  the  reins  of  government,  Italy  entered  upon 
a  stage  of  active  unification.  His  success  in  arousing 
sympathy  abroad  soon  bore    fruit.      In  1859  war  was 

[260] 


I 


I 


Historical  Introduction.  ii 

declared  between  France  and  Sardinia  on  the  one  side  and 
Austria  on  the  other.  It  was  felt  that  upon  the  outcome 
of  this  struggle  depended,  to  a  great  extent,  the  im- 
mediate consummation  of  the  hopes  of  Italy.  The  result 
did  not  bring  all  the  expected  benefits,  but  neverthe^ 
less  marked  considerable  progress.  Tuscany,  Modena, 
Parma,  the  Romagna,  in  a  word,  the  whole  of  Central 
Italy,  declared  itself  for  annexation  to  the  Kingdom  of 
Sardinia,  which  was  effected  in  i860.  The  one  great 
disappointment  was  the  continued  subjection  of  Venice 
to  Austrian  rule.  The  incorporation  of  the  outstanding 
territories  was  now  merely  a  question  of  time.  The 
example  of  Central  Italy  was  followed  in  1861  by  the 
Kingdom  of  the  Two  Sicilies.  The  wars  of  1866  and 
1870  brought  Venice  and  Rome  into  what  was  already 
looked  upon  as  a  united  Italy.  We  have  been  compelled 
to  give  this  outline  of  the  progress  of  Italian  unification 
for  the  simple  reason  that  the  histor>'  of  the  annexation 
of  provinces  to  the  Kingdom  of  Sardinia  is  the  history 
of  the  extension  of  the  Constitution  of  1848  to  the 
United  Kingdom  of  Italy.  The  long  list  of  constitu- 
tions which  we  are  about  to  enumerate  disappeared  as 
the  petty  kingdoms,  duchies  and  principalities  became 
merged  into  the  unified  state. 

CONSTITUTIONS    PRIOR   TO    THE   ALBERTINE   CONSTITU- 
TION OF  1848.* 

I.  The  first  written  constitution  which  appeared  in 
Italy  was  known  as  the  "  Costituzione  della  Repubblua 
Cispadana,''  which  was  modeled  after  the  French  Con- 
stitution of  1795.    It  was  adopted  by  the  representatives 

*  For  a  fuller  account  of  the  early  conrtitutlona  aee  Uiloller.  *'  Lo  StmtiU»^4% 
mentale  del  Regno  d  Italia,"  pp.  ao8.    Ceaena.  x88i.    Flrrt  P»rt  "  Of  tb«  "'"*  ' 

Uie  Monarchy," 

[261] 


12  Annals  of  the  American  Academy. 

of  Bologna,  Ferrara,  Modena  and  Reggio,  accepted  by  the 
people  and  published  on  the  twenty-seventh  of  March, 
1797.  Its  main  provisions  were  that  the  legislative 
power  should  be  exercised  by  two  councils,  one  of  sixty, 
the  other  of  thirty  members.  The  former  had  the  ex- 
clusive right  of  the  proposing  measures,  the  latter  that 
of  approval  or  rejection.  The  executive  authority  was 
placed  in  the  hands  of  a  Directory  of  three  members 
elected  by  the  legislative  bodies.  The  Executive  was 
expected  to  look  to  the  security  of  the  Republic,  both 
within  and  without,  having  the  power  to  issue  proclama- 
tions in  conformity  with  the  law.  The  various  admin- 
istrative bodies  occupied  about  the  same  position  as  at 
present. 

II.  After  the  formation  of  the  Cisalpine  Republic,  a 
constitution,  also  modeled  after  the  French,  was  granted 
by  Napoleon  and  proclaimed  on  the  ninth  of  July,  1797 
(21st  Messidor  An.  V).  This  also  provided  for  an  ex- 
ecutive directory  and  two  legislative  councils,  one  of 
160,  the  other  of  80  members. 

III.  The  above  constitution  was  amended  September 
I,  1798,  through  the  introduction  of  the  French  system 
of  administrative  divisions. 

IV.  Based  upon  the  same  principles  was  the  Constitu- 
tion  of  the  I^igurian  Republic,  which  was  accepted  by 
the  people  on  the  second  of  December,  1797. 

V.  The  Constitution  of  the  Tiberine,  or  Roman  Re- 
public, was  the  only  one  of  the  four  Republican  Consti- 
tutions which  made  any  attempt  at  deviation  from  the 
principles  of  the  French  Constitution.  These  differ- 
ences, however,  were  more  apparent  than  real.  In  form,  fll 
ancient  traditions  were  adhered  to,  and  in  place  of  the 
councils  of  thirty  and  of  sixty,  a  Senate  {Senato)  and  a 

[262J 


I 


Historical  Introduction.  i^ 

Tribunal  (Tribunato)  were  substituted.  The  traditional 
Directory  was  christened  Consulate  with  five  Consuls^ 
elected  by  the  legislative  councils  acting  in  the  capacity 
of  an  electoral  assembly.  This  constitution  was  pro- 
mulgated on  the  twentieth  day  of  March,  1798. 

VI.  The  Parthenopean  Constitution  of  1799  marks  a 
still  more  decided  deviation  from  the  French  model 
which  had,  heretofore,  furnished  the  outline  for  consti- 
tutions of  Italian  States.  It  provided  for  a  bi-cameral 
system,  a  Senate  of  fifty  members  having  the  exclusive 
right  of  legislative  initiative,  and  a  council  of  120  with 
power  of  approval  or  rejection.  A  peculiar  provision 
of  this  constitution  was  the  formation  of  departmental 
commissions  **to  see  that  citizens  lived  according  to 
democratic  principles,"  and  in  case  of  infraction  of  such 
principles  to  deprive  them  of  their  active  and  passive 
rights  of  citizenship.  They  also  had  the  supervision 
of  public  education.  No  citizen  enjoyed  the  electoral 
franchise  without  previous  militar>'  serxnce.  Educa- 
tional as  well  as  moral  qualifications  were  prescribed  as 
conditions  for  eligibility  to  public  ofl&ce  and  especially 
for  Representative. 

VII.  Napoleon  having  secured  from  Austria  the  prov- 
inces of  the  Cisalpine  Republic,  introduced  therein  a  new 
system  of  government,  consisting  of  a  governing  com- 
mission and  a  legislative  advisory  board.  These  two 
bodies  then  prepared  the  Constitution  of  January  a6, 
1802.  The  name,  "Cisalpine  Republic,"  was  changed 
to  "  Italian  Republic."  Napoleon  assumed  the  Presi- 
dency. The  electors  were  divided  into  three  classes — 
the  college  of  the  possidenti  (property  owners),  whose 
place  of  meeting  was  Milan;  the  college  of  the  dotti 
(the  learned),  which  met  at  Bologna,  and  that  of  the 

[263] 


14  Annals  op  the  American  Academy. 

commercia7iti  (tradesmen),  which  met  at  Brescia.  Upon 
these  three  colleges  devolved  the  duty  of  electing  the 
Advisory  Council  of  State,  the  L/Cgislative  Corps,  the 
members  of  the  highest  tribunals  and  the  commissioners 
of  the  public  treasury.  They  also  had  the  power  of 
expressing  their  opinion  upon  any  constitutional  amend- 
ments proposed  by  the  Advisory  Council  of  State. 
Another  peculiar  and  important  body  created  by  this 
constitution  was  the  "  Censura^^  a  commission  composed 
of  twelve  members  elected  by  the  three  electoral  colleges. 
It  elected  public  officials  from  the  lists  proposed  by  the 
three  colleges,  filled  vacancies  in  the  College  of  the 
Learned  and  decided  upon  the  institution  of  legal  pro- 
ceedings in  cases  of  alleged  unconstitutional  acts.  The 
Advisory  Council  of  State,  composed  of  eight  members, 
was  entrusted  with  the  examination  of  foreign  treaties 
as  well  as  all  matters  pertaining  to  foreign  affairs.  The 
cabinet  ministers  of  the  President  were  responsible  for 
the  acts  of  the  government,  for  the  execution  of  the  laws 
and  all  decrees  of  the  public  administration,  as  well  as 
for  the  expenditures  and  receipts  of  public  monies. 

VIII.  The  above  constitution,  proving  too  democratic^ 
was  amended  the  same  year.  For  the  Legislative  Corps 
a  Senate  was  substituted,  in  which  all  political  and 
administrative  powers  were  concentrated ;  it  consisted  of 
thirty  members,  presided  over  by  a  Doge,  and  was  divided 
into  five  departments,  namely,  the  Supreme  or  General 
Department,  the  Department  of  Justice  and  Legislation  ; 
of  the  Interior ;  of  War  and  Navy,  and  of  Finance.  The 
presidents  of  the  four  latter  performed  the  functions  of 
cabinet  ministers. 

IX.  A  Constitution  for  the  Lignrian  Republic  was  pro- 
mulgated June  24,  1802,  and  remained  in  force  until  1805. 

[264] 


Historical  Introduction.  15 

X.  Monarchial  aspirations  commenced  to  take  hold  of 
the  smaller  Italian  States,  and  induced  them  to  resign 
their  sovereignty  and  become  parts  of  the  French  Em- 
pire,  forming  the  departments  of  Genoa,  of  Montenotte 
and  of  the  Apennines.  Napoleon's  desire  was  now  to 
rearrange  Italy  so  as  to  form,  if  possible,  one  united 
State,  or  at  most,  two  or  three  smaller,  but  powerful 
States.  In  pursuance  of  this  plan,  that  part  of  the 
Republic  included  between  the  rivers  Tidno,  Adigc,. 
and  Rubicon  and  Le  Rezie,  formed  the  new  Italian  State. 
Its  constitution  was  based  upon  the  same  principles  as 
those  of  the  French  Empire  and  remained  in  force  until 
the  fall  of  Napoleon. 

XI.  Joseph  Napoleon,  having  been  called  to  the 
Spanish  throne,  decided,  upon  leaving  Naples,  to  grant 
a  constitution  to  the  Kingdom  of  Naples,  which  was 
promulgated  in  1808,  but  was  only  nominally  in  force 
until  formally  recognized  in  1815  by  Joachim  Murat» 
his  immediate  successor.  It  gave  the  king  the  right  of 
veto,  provided  for  one  single  legislative  chamber,  com- 
posed of  100  members,  and  a  Council  of  State,  com- 
posed of  not  less  than  twenty-six  and  not  more  than 
thirty-six  members.  The  legislative  body  was  divided 
into  five  sections;  that  of  the  Clergy,  of  the  Nobility^ 
of  the  Property-owners,  of  the  Learned  and  of  the 
Tradesmen.  The  Council  of  State  was  divided  into 
four  departments,  namely,  that  of  Justice  and  Public 
Worship,  of  the  Interior  and  Police,  of  Finance,  of  War 
and  Navy.  The  Council  of  State  was  presided  over  by 
the  king  or  by  his  deputy.  It  was  entrusted  with  the 
preparation  of  civil  and  criminal  laws,  and  of  general 
administrative  regulations.  Its  powers  were,  however, 
of  an  advisory  rather  than  of  a  legislative  nature. 

[265] 


1 6     Annai^  of  the  American  Academy. 

XII.  We  have  now  several  constitutions  of  minor  im- 
portance to  consider.  In  1812,  Francis,  who  was  made 
Viceroy  of  Sicily  after  the  abdication  of  his  father,  Fer- 
dinand III.,  granted  a  comparatively  liberal  constitution. 
The  legislative  power  was  placed  in  the  hands  of 
a  Parliament,  the  approval  of  the  king  being  required 
for  the  validity  of  all  laws.  The  judiciary  was  dis- 
tinctly separated  from  the  executive  and  legislative 
powers;  the  cabinet  ministers  and  public  oflScials  were 
responsible  to  Parliament,  which  was  composed  of  two 
chambers,  a  House  of  Commons  to  represent  the  people, 
and  a  House  of  Lords  to  be  composed  of  those  ecclesias- 
tical and  temporal  dignitaries  who  occupied  certain 
rank.* 

XIII.  In  the  year  181 5,  Joachim  Murat  formally 
adopted  with  certain  modifications  the  constitution  minor 
granted  by  Joseph  Napoleon  in  i8o8,t  which  was  pro- 
mulgated only  a  few  days  before  the  restoration  of 
the  Bourbons  to  the  throne  of  Naples.  Its  main  pro- 
visions were:  the  executive  power  to  be  exercised  by 
the  king,  the  legislative  by  a  Parliament  of  two  cham- 
bers, a  Senate  and  a  Council  of  Notables.  The  con- 
currence of  both  lyCgislative  and  Executive  was  neces- 
sary to  the  validity  of  all  laws  and  important  regulations. 

XrV.  In  the  year  1820,  Ferdinand  I.  granted  a  consti- 
tution to  the  Kingdom  of  the  Two  Sicilies.  The 
Parliament,  a  single  chamber  composed  of  deputies 
representing  the  whole  nation,  had  very  extensive 
powers.  A  peculiar  provision  of  this  constitution  was 
the   so-called    Parliamentary   Deputation   composed  of 

•  This  evident  analogy  to  the  English  constitutional  system  is  partly  due  to  Sir 
William  Bentinck,  the  Commander  of  the  English  army  which  then  occupied  the 
island. 

t  See  Constitution,  No.  XI. 

[266] 


Historical  Introduction.  17 

seven  members,  elected  by  Parliament,  whose  duty  it 
was,  in  case  of  the  dissolution  of  the  latter,  to  maintain 
the  observance  of  the  constitution,  and  to  convoke  Par- 
liament in  extraordinary  session,  as  prescribed  by  the 
constitution.  The  king  appointed  and  dismissed  all 
.cabinet  ministers,  and  exercised  special  powers  regard- 
ing foreign  afifairs.  The  Council  of  State,  composed  of 
twenty-four  members,  was  his  advisory  board.  The 
Judiciary  was  absolutely  independent  of  both  Legisla- 
ture and  Executive. 

XV.  We  now  approach  the  period  of  liberal  con- 
stitutions of  the  year  1848.  The  first  one  was  that 
granted  February  10,  1848,  by  Ferdinand  II.  of  Sicily. 
The  legislative  body  was  divided  into  two  chambers  cor- 
responding exactly  to  the  then  prevailing  theory  of  con- 
stitutional government.  It  was  composed  of  a  Chamber 
of  Peers  and  a  Chamber  of  Deputies.  The  former  were 
appointed  by  the  king  for  life  and  constituted  a  high 
court  of  justice  for  the  trial  of  offences  against  the 
security  of  the  State,  as  well  as  a  legislative  body.  The 
Chamber  of  Deputies  was  composed  of  members  repre- 
senting the  nation  at  large. 

XVI.  Leopold  II.,  of  Tuscany,  recognizing  the  need 
of  a  more  highly  developed  civic  activity,  granted  to 
the  people  of  Tuscany  February  15,  1848,  a  constitu- 
tion known  as  "•' Lo  Statuto  della  7bjrfl/i<7,"  which  pro- 
vided for  a  complete  system  of  representative  govern- 
ment. The  legislative  body  was  composed  of  two 
chambers;  a  Senate,  composed  of  members  appointed 
by  the  Grand  Duke;  a  General  Council,  composed  of 
eighty-six  deputies,  elected  by  constituted  Electoral  Col- 
leges. Commercial  and  industrial  liberty,  as  well  as 
the  freedom  of  the  press,  were  guaranteed  in  a  special 

[267] 


1 8  Annaxs  of  the  American  Academy. 

section  of  the  constitution  known  as  the  "  Public  Law 
of  the  Tuscans. ^^ 

XVII.  Reference  has  already  been  made  to  the  hopes 
aroused  by  the  liberal  tendencies  of  Pius  IX.  These 
expectations  seemed  to  be  realized  in  the  "  Constitution 
of  the  Temporal  Power"  (Statuto  fondamentale  del 
Gover7io  temporale)^  sanctioned  by  Pius  IX.  on  the  four- 
teenth of  March,  1848.  The  legislative  power  was 
divided  into  two  bodies,  the  High  Council  and  the 
Council  of  Deputies.  The  only  restriction  of  the 
legislative  functions  was  an  express  prohibition  of 
all  discussion  of  the  foreign  relations  of  the  Holy  See, 
as  well  as  all  laws  affecting  ecclesiastical  matters  when 
not  in  harmony  with  the  canons  and  discipline  of  the 
church.  Each  legislative  session  was  limited  to  three 
months.  All  bills  after  passing  both  councils  were  sub- 
mitted to  the  Sovereign  Pontiff  and  then  considered  in 
secret  consistory.  Having  heard  the  opinion  of  the 
cardinals,  the  pope  gave  or  withheld  his  approval.  The 
Sacred  College  confirmed  the  nomination  of  cabinet 
ministers  and  filled  vacancies.  A  Council  of  State,  com- 
posed of  ten  members  and  twenty-four  adjunct  advisors, 
was  entrusted  with  the  preparation  of  laws  and  regu- 
lations. 

XVIII.  Sicily,  having  become,  for  the  moment,  an  in- 
dependent State  through  a  successful  revolution  against 
the  King  of  the  Two  Sicilies,  a  Constituent  Assembly 
adopted  a  new  constitution  on  the  tenth  of  July,  1848. 
The  legislature  comprised  two  branches,  a  Chamber  of 
Deputies  and  a  Senate,  the  former  being  renewed  bien- 
nially, in  its  entirety  while  in  the  latter  one-third  retired 
every  two  years.  The  king  could  neither  adjourn 
nor  dissolve  Parliament.     The  analogies  between  this 

[268] 


I 


Historic Ai*  Introduction.  19 

constitution  and  that  of  the  United  States  are  numerous 
and  striking. 

XIX.  The  revolution  in  Rome  having  resulted  in  the 
proclamation  of  the  Republic  on  the  ninth  of  February, 
184X  by  tlie  Constituent  Assembly,  the  basis  of  this    / 
constitution  was  naturally  in  harmony  with  the  circum- 
stances of  its  origin.     The  people  were  declared  to  be 

by  eternal  right  sovereign;  all  titles  of  nobility  and 
class  privileges  were  swept  away,  all  religious  qualifica- 
tions for  the  exercise  of  civil  and  political  rights  were 
abolished.  The  pope  was  granted  the  necessary  guaran- 
tees for  the  exercise  of  his  spiritual  power.  The  con- 
stitution, furthermore,  provided  for  an  Assembly,  a 
Consulate  and  an  independent  Judiciary.  The  legisla- 
tive power  was  in  the  hands  of  an  Assembly,  the 
initiative  in  legislation  belonging  both  to  the  Deputies 
and  to  the  Consulate.  In  addition,  a  Council  of  State 
was  provided  for,  which  was  to  be  consulted  by  the 
Consulate  and  cabinet  ministers  concerning  proposed 
measures! 

XX.  We  now  come  to  the  constitution  which  is  that 
of  the  modem  Italian  State.  The  constitution  granted 
by  Carlo  Alberto,  King  of  Sardinia,  on  the  fourth  of 
March,  1848,  was  preceded  by  the  following  declaration: 
**  The  people  that  we  have  governed  by  the  will  of  a 
Divine  Providence  during  the  last  seventeen  years  with 
fatherly  love  have  always  understood  our  affection  just 
as  we  have  endeavored  to  learn  of  their  wants,  and  it 
has  always  been  our  doctrine  that  Prince  and  nation 
were  united  by  the  strong  bonds  of  the  common  wel- 
fare. Of  this  union  we  have  had  the  gratifying  proof 
in  the  general  approval  with  which  the  recent  refonns 
have  been  received.     The  desire  for  their  happiness,  as 

[269] 


20  Annals  of  the  American  Academy. 

well  as  the  wisli  to  accustom  our  people  to  the  discussion 
of  public  affairs,  has  prompted  our  action  in  the  pro- 
jects for  future  reform.//  Now,  that  the  time  is  pro- 
pitious for  more  rapid  progress  in  this  direction,  it  is  our 
wish,  in  the  midst  of  changes  which  are  revolutionizing 
Italy,  to  give  most  solemn  proof  of  our  confidence  in 
the  loyalty  of  our  subjects.  At  the  present  moment  we 
are  fortunately  able  to  proclaim,  with  the  advice  of  our 
ministers  and  advisors,  the  following  principles  as  the 
basis  of  a  constitution  to  realize  in  our  States  a  com- 
plete system  of  representative  government."  Then 
followed  fourteen  articles  which  outlined  the  principles 
of  the  constitution: 

Art.  I.  The  Roman  Catholic  religion  is  the  only 
religion  of  the  State.  All  other  cults  now  existing  are 
tolerated  in  accordance  with  the  law. 

Art.  2.  The  person  of  the  King  is  sacred  and  inviol- 
able.    His  ministers  are  responsible. 

Art.  3.  To  the  King  alone  belongs  the  executive 
power.  He  is  the  supreme  head  of  the  State.  He  is 
commander-in-chief  of  the  army  and  navy,  declares 
war,  concludes  treaties  of  peace,  alliance  and  commerce,, 
appoints  public  officials,  and  gives  all  necessary  orders 
for  the  proper  execution  of  the  laws. 

Art.  4.  The  king  alone  sanctions  laws  and  promul- 
gates them. 

Art.  5.  Justice  emanates  from  the  king  and  is  admin- 
istered in  his  name.  He  has  the  power  of  pardoning 
offences  and  commuting  sentences. 

Art.  6.  The  legislative  power  is  to  be  exercised  by 
the  King  and  two  chambers  collectively. 

Art.  7.  The  first  Chamber  is  to  be  composed  of  mem- 
bers appointed  for  life  by  the  King;  the  second  is  to  be 

[270] 


Historical  Introduction.  21 

elected  upon  the  basis  of  qualifications  to  be  detennincd 
hereafter. 

Art.  8.  The  proposal  of  laws  belongs  to  the  King  and 
to  each  of  the  two  Chambers.  Every  bill  for  the  levying 
of  taxes,  however,  shall  first  be  presented  to  the  elective 
Chamber. 

Art.  9.  The  King  shall  convoke  the  two  hooaet 
annually.  He  has  the  power  to  prorogue  their  sessions, 
and  may  dissolve  the  elective  Chamber,  in  which  case, 
however,  the  new  house  shall  be  convoked  within  the 
succeeding  four  months. 

Art.  10.  No  tax  shall  be  levied  or  collected  without  the 
consent  of  both  Houses  and  the  approval  of  the  King. 

Art.  II.  The  press  shall  be  free,  but  subject  to 
restrictive  laws.* 

Art.  12.  Individual  liberty  shall  be  guaranteed. 

Art.  13.  Judges,  with  the  exception  of  those  insti- 
tuted for  special  purposes,  shall  hold  oflSce  for  life  after 
having  held  position  for  a  certain  number  of  years. 

Art.  14.  The  right  to  establish  a  communal  lyilitia  is 
reserved.  It  shall  be  composed  of  taxpayers  of  a  speci- 
fied grade,  be  subject  to  the  control  of  the  administrative 
authority  and  directly  responsible  to  the  Minister  of  the 
Interior.  The  King  may  suspend  or  dissolve  the  militia, 
whenever  he  shall  deem  fit. 

"  The  constitution  which  in  pursuance  of  our  wishes 
has  been  prepared  in  conformity  with  the  articles  above 
mentioned,  shall  take  effect  immediately  after  the  reor- 
ganization of  the  local  administration. 

"May  God  protect  the  new  era  which  opens  itself 
before  our  people  and  until  they  shall  be  able  to  exercise 

*  This  clause  refers  to  the  aboHtlon  of  the  criuormhlpw  "  RcMflctH*  hiW*  «» 
not  refer  to  provisions  for  previou*  examination  of  matter  lnteiMlc4  far  p^tiHc^' 
tion,  but  rather  to  the  sut>scqueDt  determination  of  liability  for  acta  committed. 


22  ANNAI.S  OF  THE  AmKRICAN  AcADKMY. 

the  greater  liberties  accorded  them,  of  which  they 
are  and  will  continue  to  be  worthy,  we  expect  of  them 
the  rigorous  observance  of  existing  laws  and  the  imper- 
turable  calm- so  necessary  to  complete  the  work  of  inter- 
nal organization." 

Civen  at  Turin,  February  8, 1848. 

The  constitution  announced  in  the  above  proclama- 
tion was  promulgated  on  the  fourth  of  March,  1848.* 

Although  no  provision  is  to  be  found  in  this  constitu- 
tion for  amendment,  most  Italian  constitutional  jurists 
have  held  that  Parliament,  with  the  approval  of  the 
King,  has  the  power  to  make  laws  amending  the  consti- 
tution, for  an  immutable  constitution  is  sure  in  time  to 
hamper  the  development  of  a  progressive  people.  It  is 
hardly  necessary  to  add  that  such  an  instrument  is  con- 
trary to  the  true  conception  of  an  organic  law.  As  a  mat- 
ter of  fact  several  provisions  have  been  either  abrogated 
or  rendered  null  and  void  through  change  of  conditions. 

Thus  the  second  clause  of  Article  28,  requiring  the 
previous  consent  of  the  bishop  for  the  printing  of  Bibles, 
prayer  books  and  catechisms,  has  been  rendered  of  no 
effect  through  subsequent  laws  regulating  the  relations 
of  Church  and  State.  Article  76,  which  provides  for  the 
establishment  of  a  communal  militia,  has  been  abrogated 
by  the  military  law  of  June  14,  1874.  The  fact  that  no 
French-speaking  provinces  now  form  part  of  the  king- 
dom has  made  Article  62  a  dead-letter.  So  also  Articles  53 
and  55  are  no  longer  strictly  adhered  to.  At  all  events 
their  observance  has  been  suspended  for  the  time  being. 

♦The  extension  of  this  constitution  to  the  various  parts  of  the  present  Kingdom 
of  Italy  was  effected  by  a  series  of  Plebiscites:  Lombardy,  December  7, 1859;  Emilia 
l>y  decree  of  March  18,  i860,  and  law  of  April  15,  i860;  Neapolitan  Provinces,  Decem- 
ber 17,  i860;  Tuscany,  decree  March  22,  and  law  April  15,  i860;  Sicily,  Marches  and 
ITmbria,  December  17,  i860;  Province  of  Venice,  decree  July  28,  1866;  Roman  Prov- 
inces, decree  October  9  and  law  December  31,  1870. 

[272] 


THE  CONSTITUTION  OF  ITALY.* 
(Chari.es  Albert,  by  the  Grace  of  God,  King  of  Sar- 
dinia, Cyprus  and  Jerusalem,  Duke  of  Savoy,  Genoa, 
Monferrato,  Aosta,  of  the  Chiablese,  Genovese  and  of 
Piacenza;  Prince  of  Piedmont  and  Oneglia;  Marquis  of 
Italy,  Saluzzo,  Ivrea,  Susa,  Ceva,  of  the  Maro,  of  Oris- 
tano,  of  Cesana  and  Savona;  Count  of  Moriana,  Geneva, 
Nice,  Tenda,  Romonte,  Asti,  Alexandria,  Goceano, 
Novara,  Tortona,  Vigevano  and  of  Bobbio;  Baron  of 
Vaud  and  Faucigny;  Lord  of  Vercelli,  Pinerolo,  Taran- 
tasia,  of  the  Lomellina  and  of  the  Valley  of  Sesia,  etc., 
etc.,  etc.) 

With  the  fidelity  of  a  king  and  the  affection  of  a 
father,  we  are  about  to-day  to  fulfill  all  that  we  promised 
our  most  beloved  subjects  in  our  proclamation  of  the 
eighth  of  last  February,  whereby  we  desired  to  show,  in 
the  midst  of  the  extraordinary  events*  then  transpiring 

1  The  bibliographical  note  which  follows  this  translation  will  indicate  variovs 
Italian  texts  and  French  translations  of  the  constitution  as  wril  as  refcrmce  to 
several  commentaries.  The  only  English  translation  of  which  we  have  kaowl- 
edge  is  that  made  by  the  English  Embassy  and  published  ia  a  toIosm  of  Parli«> 
mentary  Reports  entitled,  "Correspondence  Respecting  the  AflUra  of  Italy 
1846-47,"  Part  ii,  p.  130,  ff,  I/>ndon,  1848. 

«  Here  reference  is  made  to  the  insurrections,  riota,  etc.,  many  of  them  of  a  vety 
serious  nature,  which  gave  expression  to  the  rising  spirit  of  democracy  throog boat 
all  Italy,  and  was  even  the  subject  of  correspondence  with  foreign  coantrica  aa 
endangering  the  peace  of  Europe.  The  weakness  of  the  petty  rulers  la  mmnj 
of  the  provinces,  who  maintained  their  position  only  throogli  tiM  aid  of  Aaa- 
trian  arms,  so  increased  the  desire  of  the  population  to  be  fntd  from  ferelfa  nilc 
that  some  form  of  representative  government  became  Imperative.  Bvea  ia  tar* 
dinia,  with  the  more  able  government  of  Charles  Albert,  the  feellaf  of  < 
and  opposition  to  the  existing  government  was  so  strong,  that  the 
of  Turin  finally  petitioned  the  King,  on  Pebntary  5.  iM.  for  a 
the  country.  These  petitioners  included  among  their  aumber  wmmj  of  llM 
nobiUty  and  high  officiaU  of  SUte.  as  well  aa  large  laadcd  propridoc*.     Tbt 

[273] 


24  Annaxs  of  thk  American  Academy. 

throughout  the  country,  how  much  our  confidence  in 
our  subjects  increased  with  the  gravity  of  the  situation, 
and  how,  consulting  only  the  impulse  of  our  heart,  we 
had  fully  determined  to  make  their  condition  conform 
to  the  spirit  of  the  times  and  to  the  interests  and  dignity 
of  the  nation. 

We,  believing  that  the  broad  and  permanent  repre- 
sentative institutions  established  by  this  fundamental 
statute  are  the  surest  means  of  cementing  the  bonds  of 
indissoluble  affection  that  bind  to  our  crown  a  people 
that  has  so  often  given  us  ample  proof  of  their  faithful- 
ness, obedience  and  love,  have  determined  to  sanction 
and  promulgate  this  statute.  We  believe,  further,  that 
God  will  bless  our  good  intentions,  and  that  this  free, 
strong  and  happy  nation  will  ever  show  itself  more 
deserving  of  its  ancient  fame  and  thus  merit  a  glorious 
future. 

Therefore,  we,  with  our   full   knowledge   and  royal 

serious  condition  of  affairs  at  Milan  and  Naples  influenced  public  opinion  at 
Turin.  At  Milan  an  attempt  was  made  to  increase  the  public  revenue  by  increas- 
ing the  tax  on  tobacco,  and  this  measure  was  so  obnoxious  that  the  young  men 
of  the  city  banded  together  to  resist  it  by  refusing  to  consume  tobacco  until  it 
was  removed,  and  holding  up  as  their  example  the  action  of  the^American  colo- 
nists when  opposed  to  the  tea  tax  in  Revolutionary  days.  In  Naples  the  greatest 
disorder  prevailed.  An  order  to  disperse  the  students  to  their  homes  was  issued 
by  the  authorities,  but  subsequently  revoked  as  a  measure  that  tended  to  spread 
discontent.  Finally,  on  January  29,  1848,  a  decree  was  issued  at  Naples  promising 
that  the  Sicilian  king  would  grant  his  people  a  constitution.  This  promise  inten- 
sified  the  demands  made  in  other  provinces,  and  King  Charles  Albert,  of  Sardinia, 
after  several  secret  sessions  of  his  Council,  answered  the  petition  of  the  Turin 
municipality  by  his  proclamation  of  February  8,  declaring  that  he  of  his  "  free 
and  entire  will "  believed  the  time  ripe  for  granting  his  subjects  a  complete 
representative  system  of  government.  He  further  stated  his  intention  to  grant 
them  a  fundamental  statute  then  in  preparation,  but  the  character  and  principal 
points  of  which  he  gave  an  outline.  This  action  gave  immediate  satisfaction,  not 
lessened  by  the  appearance  of  the  statute  itself  some  weeks  later. 

[274] 


The  Constitution  op  Italy.  95 

authority  and  with  the  advice  of  our  Council,  have 
ordained  and  do  hereby  ordain  and  declare  in  force  the 
fundamental  perpetual  and  irrevocable  statute  and  law 
of  the  monarchy  as  follows: 

Article  i.  The  Catholic,  Apostolic  and  Roman 
religion  is  the  only  religion  of  the  State.  Other  cults 
now  existing  are  tolerated  conformably  to  the  law.* 


1  The  evident  purport  of  thia  article  upon  the  relation  of  the  State  lo  the  < 
has  been  very  radically  changed  by  subsequent  laws.  A  decree  dated  October  9^ 
1870,  and  the  laws  of  December  31,  1870,  and  May  13,  1871.  have  (ivea  it  quite  a  diA 
ferent  meaning  from  that  in  vogue  at  the  time  of  the  adoption  of  the  1 
The  latter  law  has  attained  particular  importance  since  the  Oooadl  of 
declared  (March  3,  1878),  that  it  may  be  considered  to  all  Intents  and  purpoaca  as 
part  of  the  fundamental  law  of  the  kingdom.  It  is  known  aa  the  "Gnanuitec 
I«aw,"  and  its  full  text  may  be  found  in  an  excellent  oollcctioa  of 
laws,  together  with  the  text  of  the  Statute  issued  by  the  firm  of  O.  Barberm. 
ence,  and  entitled  "  Codiu  Balitico  Amministrativo,"  with  notes  and  InfrrprrtaHnea 
by  Professor  Cogliolo  and  Aw.  B.  Malchiodi.  It  is  this  Guarantee  Law  tliat  tho 
Pope  has  never  accepted,  and  under  which  he  declares  himself  to  be  the  priaooer 
of  the  Italian  Government.  A  synopsis  of  its  provisions  may  be  given  aa  fotlowa: 
(i)  The  person  of  the  Pontiff  is  sacred  and  inviolable;  (a)  any  attempt  or  proveca* 
tion  to  take  the  life  of  the  Pope  as  well  as  any  personal  assault  or  offence  by  pablie 
act  or  speech  is  punished  under  the  same  law  as  that  protecting  the  person  of  th« 
king.  The  right  to  discuss  religious  matters  is,  however,  entirely  free,  (j)  Tli« 
Italian  Government  guarantees  to  the  Pope  when  in  Italian  territory  aU  hottort 
customarily  shown  him  by  Catholic  sovereigns  and  permits  him  to  maintnin  th« 
usual  number  of  guards  and  personal  attach6i  without  vioUtion  of  law.  (4)  Aa 
annual  income  of  3,225,000  lire  is  reserved  for  the  Holy  See  as  a  dotation  far  Vbm 
expenses  of  the  Holy  ApostoUc  Palace,  Holy  CoUege,  ecdesiaaCkml  OfinrfiMna 
and  diplomatic  represenUtion.  This  doUtion  forms  part  of  the  poblk  debt  la  Um 
form  of  a  perpetual  and  inalienable  income  which  remains  free  ftom  all  to»«tlo« 
and  may  not  be  diminished  even  in  case  the  government  should  Uter  dccido  to  b* 
responsible  for  the  expenses  of  the  museums  and  of  the  library;  (s)  bcaldoa  thla 
the  Sovereign  Pontiff  has  the  use  of  the  Vatican  and  Laterua  Palaec*,  wllk  tXi 
gardens,  etc.,  appertaining  thereto,  and  also  the  Villa  di  CaatcOo  Ooadolfe.  All 
these  palaces,  villas,  as  well  as  museums,  library  and  hiMorle 
inalienable  and  exempt  from  taxation  and  appropriation.  (6) 
of  the  Pontifical  Chair  no  political  or  judkHal  authority  may  hinder  or  limit  tbe  per- 
sonal  liberty  of  the  Cardinals.  The  government  will  protect  aasemblies  of  cooclav* 
and  oecumenical  coundls  from  exterior  distnrbonce  and  violeacc.    (7)  »» 

[275] 


26  Annals  of  the  American  Academy. 

Art.  2.  The   State  is  governed  by  a  representative 

official  in  the  performance  of  the  duties  of  his  office  may  enter  the  residence  of 
the  Pop>e  or  the  Papal  palaces  during  the  sessions  of  an  oecumenical  council  or 
when  the  Cardinals  are  united  in  conclave  without  the  previous  permission  of  the 
Pope,  Conclave  or  Council.  (8)  Papers,  documents,  books,  registers,  etc.,  deposited 
in  pontifical  offices  and  invested  with  a  purely  spiritual  character  may  not  be  ex- 
amined by  process  of  law.  (9)  The  Sovereign  Pontiff  is  entirely  free  to  fulfill  the 
functions  of  his  spiritual  ministry  and  to  this  end  may  put  notices  on  basilicas 
and  churches  of  Rome.  (10)  The  clergy  at  Rome  in  the  exercise  of  their  spirit- 
ual functions  cannot  be  subjected  to  any  examination,  investigation  or  control 
on  the  part  of  the  civil  authorities.  Every  foreigner  invested  with  ecclesiastical 
functions  at  Rome  shall  enjoy  all  the  privileges  and  immunities  of  Italian 
citizens.  (11)  Envoys  of  foreign  governments  to  the  Holy  See  are  entitled  to 
the  same  prerogatives  and  immunities  accorded  to  other  diplomatic  agents 
according  to  the  tisages  of  international  law.  Also  envoys  of  the  Holy  See 
are  entitled  to  rights  of  the  same  nature  while  going  or  returning  from  their 
mission.  (12)  The  Pontiff  has  the  right  to  establish  his  own  post  office  and 
telegraph  service  at  the  Vatican.  This  post  office  may  transmit  sealed  pack- 
ages of  correspondence  direct  to  foreign  offices  or  through  the  medium  of  the 
Italian  Post.  In  either  case  transmissions  in  Italian  territory  are  made  free  of 
charge.  Telegrams  received  with  Pontifical  mark  are  transmitted  within  the 
Kingdom  like  teleg^rams  of  the  State,  free  of  charge.  (13)  Within  the  city  of  Rome 
the  six  subsidiary  Sees,  the  seminaries,  academic  colleges  and  other  Catholic  insti- 
tutions, founded  for  ecclesiastical  education  remain  under  the  sole  control  of  the 
Holy  See  and  may  not  be  subjected  to  any  interference  on  the  part  of  the  educa- 
tional authorities  of  the  State.  (14)  Every  special  restriction  of  the  right  of  the 
members  of  the  Catholic  clergy  to  assemble  is  abolished.  (15)  The  government 
renounces^the  right  to  an  apostolic  legation  in  Sicily  and  to  the  appointment  to  the 
major  benefices  throughout  the  kingdom.  Bishops  are  no  longer  required  to  swear 
fidelity  to  the  King.  Major  and  minor  benefices  may  be  conferred  only  on  citizens 
of  the  Kingdom  except  in  Rome  and  its  subsidiary  Sees.  (16)  The  governmental 
authorization  for  the  publication  of  ecclesiastical  acts  is  abolished,  but  until  pro- 
vision is  made  in  a  special  law,  this  authorization  {exequatur  et  placet  regio)  is 
maintained  for  acts  disposing  of  ecclesiastical  goods  and  making  appointments  to 
the  major  and  minor  benefices,  except  in  Rome  and  its  subsidiary  Sees.  (17)  In 
matters  of  spiritual  discipline  there  is  no  appeal  from  decisions  of  ecclesiastical 
authorities,  nor  is  there  accorded  to  these  decisions  any  execution  by  the  public 
authority.  If,  however,  these  acts  are  contrary  to  law,  they  are  subject  to  civil 
jurisdiction  and  punishment.  (18)  A  future  law  will  provide  for  the  reorganiza- 
tion, preservation  and  administration  of  the  ecclesiastical  estates  of  the  Kingdom. 
(19)  All  regulations  now  in  force  contrary  to  this  law  are  hereby  declared  to  be 
null  and  void. 

[276] 


Tan  Constitution  op  Italy.  27 

monarchical  goverament,  and  the  throne  is  hereditary 
according  to  the  Salic  law.^ 

Art.  3.  The  legislative  power  shall  be  exercised  col- 
lectively by  the  King  and  the  two  Chambers,  the  Senate 
and  the  Chamber  of  Deputies. 

Art.  4.  The  person  of  the  King  is  sacred  and  inviolable. 

Art.  5.  To  the  King  alone  belongs  the  executive 
power.  He  is  the  supreme  head  of  the  State;  commands 
all  land  and  naval  forces;  declares  war;  makes  treaties 
of  peace,  alliance,  commerce  and  other  treaties,  com- 
municating them  to  the  Chambers  as  soon  as  the  interest 
and  security  of  the  State  permits,  accompanying  such 
notice  with  opportune  explanations;  provided  that 
treaties  involving  financial  obligations  or  change  of 
State  territory  shall  not  take  effect  until  they  have  re- 
ceived the  consent  of  the  Chambers. 

Art.  6.  The  King  appoints  to  all  the  ofl&ces  of  the 
State  and  makes  the  necessary  decrees  and  regulations 
for  the  execution  of  the  laws,  provided  that  such  decrees 
do  not  suspend  or  modify  their  observance. 

Art.  7.  The  King  alone  sanctions  and  promulgates 
the  laws. 

Art.  8.  The  King  may  grant  pardons  and  commute 
sentences. 

Art.  9.  The  King  convokes  the  two  Chambers  each 
year.  He  may  prorogue  their  sessions  and  dissolve  the 
Chamber  of  Deputies,  in  which  case  he  shall  convoke  a 
new  Chamber  within  a  period  of  four  months. 

»The  Salic  I^w  originated  with  the  Salian  Pranks.  The  famous  clause  of  thto 
law,  which  now  bears  the  name  of  the  whole,  is  the  fifth  paragraph  of  chapter 
59,  which  prescribes  conditions  for  the  inheritance  of  prirate  property  t>y  which 
women  are  excluded  from  the  line  of  succession.  ThU  clause  was  Uter  appUed  to 
the  succession  to  the  throne,  and  now  the  term  "  Salic  Law"  is  used  solely  in  thit 
sense  and  means  male  succession. 

[277] 


28     Annai^  of  thk  American  Acadkmy. 

Art.  10.  The  initiative  in  legislation  belongs  both  to 
the  King  and  the  two  Houses.  All  bills,  however,  im- 
posing taxes  or  relating  to  the  budget  shall  first  be  pre- 
sented to  the  Chamber  of  Deputies. 

Art.  II.  The  King  shall  attain  his  majority  upon 
completion  of  his  eighteenth  year. 

Art.  12.  During  the  King's  minority,  the  Prince  who 
is  his  nearest  relative  in  the  order  of  succession  to  the 
throne,  shall  be  regent  of  the  realm,  provided  he  be 
twenty-one  years  of  age. 

Art.  13.  Should  the  Prince  upon  whom  the  regency 
devolves  be  still  in  his  minority  and  this  duty  pass  to  a 
more  distant  relative,  the  regent  who  actually  takes 
office  shall  continue  in  the  same  until  the  King  becomes 
of  age. 

Art.  14.  In  the  absence  of  male  relatives,  the  regency 
devolves  upon  the  Queen-Mother. 

Art.  15.  In  the  event  of  the  prior  decease  of  the 
Queen-Mother,  the  regent  shall  be  elected  by  the  legis- 
lative Chambers,  convoked  within  ten  days  by  the  Min- 
isters of  the  Crown. 

Art.  16.  The  preceding  provisions  in  reference  to  the 
regency  are  also  applicable  in  case  the  King  has  attained 
his  majority,  but  is  physically  incapable  of  reigning. 
Under  such  circumstances,  if  the  heir  presumptive  to  the 
throne  be  eighteen  years  of  age,  he  shall  be  regent  of 
full  right. 

Art.  17.  The  Queen-Mother  has  charge  of  the  edu- 
cation of  the  King  until  he  has  completed  his  seventh 
year;  from  this  time  on  his  guardianship  passes  into  the 
hands  of  the  regent. 

Art.  18.  All  rights  pertaining  to  the  civil  power  in 
matters  of  ecclesiastical  benefices  and  in  the  execution 

[278] 


The  Constitution  of  Italy.  29 

of  all  regulations  whatsoever  coming  from  foreign  coun- 
tries shall  be  exercised  by  the  King.* 

Art.  19.  The  civil  list  of  the  Crown  shall  remain, 
during  the  present  reign,  at  an  amount  equal  to  the 
average  of  the  same  for  the  past  ten  years.  The  King 
shall  continue  to  have  the  use  of  the  royal  palaces,  villas, 
gardens  and  their  appurtenances,  and  also  of  all  chattels 
intended  for  the  use  of  the  Crown,  of  which  a  speedy 
inventory  shall  be  made  by  a  responsible  ministerial 
department.  In  the  future  the  prescribed  dotation  of 
the  Crown  shall  be  fixed  for  the  duration  of  each  reign  by 
the  first  Legislature  subsequent  to  the  King's  accession 
to  the  throne.^ 

Art.  20.  The  property  that  the  King  possesses  in  his 
own  right,  shall  form  his  private  patrimony,  together 
with  that  to  which  he  may  acquire  title  either  for  a  con- 
sideration or  gratuitously  in  the  course  of  his  reign. 
The  King  may  dispose  of  his  private  patrimony  either 
by  deed  or  will  exempt  from  the  provisions  of  the  civil 
law  as  to  the  amount  thus  disposable.  In  all  other  cases, 
the  King's  patrimony  is  subject  to  the  laws  that  govern 
other  property. 

Art.  21.  The  law  shall  provide  an  annual  civil  list 
for  the  heir  apparent  to  the  throne  when  he  has  attained 
his  majority,  and  also  earlier  on  occasion  of  his  mar- 
riage; for  the  allowances  of  the  Princes  of  the  royal 
family  and  royal  blood  within  the  specified  conditions; 
for  the  dowries  of  the  Princesses  and  for  the  dowries  of 
the  Queens. 

iThe  clause,  "Regulations  from  forcigrn  coantries,"  refcn  to  Papal  decrccti 
ecclesiastical  ordinances,  judicial  sentences,  and  matters  relating  to  cxtraditioo. 
At  time  of  adoption  of  this  constitution  Rome  was  foreign  territory. 

«  After  King  Humbert  I.  ascended  the  throne,  a  Uw  dated  June  rj,  i88<\  fl«dtht 
annual  dotation  of  the  Crown,  but  the  »um  then  agreed  upon  has  alnce  been  la- 
creased  to  14,250,000  lire. 

[279] 


30  Annai^  of  the  American  Academy. 

Art.  22.  Upon  ascending  the  throne,  the  King  shall 
take  an  oath  in  the  presence  of  the  two  Chambers  to 
observe  faithfully  the  present  constitution. 

Art.  23.  The  regent,  before  entering  on  the  duties 
of  that  office,  shall  swear  fidelity  to  the  King  and  faith- 
ful observance  of  this  constitution  and  of  the  laws  of 
the  State. 

OF  THE  RIGHTS  AND  DUTIES  OF  CITIZENS. 

Art.  24.  All  the  inhabitants  of  the  Kingdom,  what- 
ever their  rank  or  title,  shall  enjoy  equality  before  the 
law.  All  shall  equally  enjoy  civil  and  political  rights 
and  be  eligible  to  civil  and  military  office,  except  as 
otherwise  provided  by  law. 

Art.  25.  All  shall  contribute  without  discrimination 
to  the  burdens  of  the  State,  in  proportion  to  their  pos- 
sessions. 

Art.  26.  Individual  liberty  is  guaranteed.  No  one 
shall  be  arrested  or  brought  to  trial  except  in  cases  pro- 
vided for  and  according  to  the  forms  prescribed  by  law. 

Art.  27.  The  domicile  shall  be  inviolable;  No  house 
search  shall  take  place  except  in  the  enforcement  of 
law  and  in  the  manner  prescribed  by  law. 

Art.  28.  The  press  shall  be  free,  but  the  law  may 
suppress  abuses  of  this  freedom.^  Nevertheless,  Bibles, 
catechisms,  liturgical  and  prayer  books  shall  not  be 
printed  without  the  previous  consent  of  the  bishop.^ 

Art.  29.  Property  of  all  kinds  whatsoever  shall  be 
inviolable.     In   all    cases,    however,    where  the  public 

^  The  first  law  issued  under  this  clause  was  that  of  March  26,  1848.  (Text  is  in 
collection  referred  to  in  note  i  on  page  25.)  This  law  has  since  been  modified  by 
the  following  acts:  February  26,  1852;  June  20,  1858;  May  6,  1877,  and  again  by  the 
Penal  Code  of  1889. 

« The  second  section  of  this  article  has  been  practically  abrogated  by  subse- 
quent legislation. 

[280] 


The  Constitution  op  Italy.  31 

welfare,  legally  ascertained,  demands  it,  property'  may  be 
condemned  and  transferred  in  whole  or  in  part  after  a 
just  indemnity  has  been  paid  according  to  law.* 

Art.  30.  No  tax  shall  be  levied  or  collected  without 
the  consent  of  the  Chambers  and  the  sanction  of  the  King. 

Art.  31.  The  public  debt  is  guaranteed.  All  obliga- 
tions between  the  State  and  its  creditors  shall  be  in- 
violable. 

Art.  32.  The  right  to  peaceful  assembly,  without 
arms,  is  recognized,  subject,  however,  to  the  laws  that 
may  regulate  the  exercise  of  this  privilege  in  the  inter- 
est of  the  public  welfare.^  This  privilege  is  not  appli- 
cable, however,  to  meetings  in  public  places  or  places 
open  to  the  public,^  which  shall  remain  entirely  subject 
to  police  law  and  regulation. 

OF  the  senate. 

Art.  33.  The  Senate  shall  be  composed  of  members, 
"having  attained  the  age  of  forty  years,  appointed  for  life 
by  the  King,  without  limit  of  numbers. 

They  shall  be  selected  from  the  following  categories 
of  citizens: 

1.  Archbishops  and  Bishops  of  the  State. 

2.  The  President  of  the  Chamber  of  Deputies. 

3 .  Deputies  after  having  served  in  three  Legislatures, 
or  after  six  years  of  membership  in  the  Chamber  of 
Deputies. 

4.  Ministers  of  State. 

5.  Secretaries  to  Ministers  of  State. 

6.  Ambassadors. 

"»  I^w  of  June  25,  1865. 

«Law  for  public  safety,  dated  March  ao,  1865,  was  modified  by  the  law  of  Juty  6, 
1871.  Law  now  in  force  is  dated  June  30.  1889.  (Text  in  collection  mentioned 
note  I  on  page  25.) 

•Such  as  theatres,  concert  halls,  etc. 

[28.] 


3(2  Annals  of  the  American  Academy. 

7.  Envoys  Extraordinary  after  three  years   of  such 
service. 

8.  The  First  Presidents  of  the  Courts  of  Cassation  ^ 
and  of  the  Chamber  of  Accounts.^ 

9.  The  First  Presidents  of  the  Courts  of  Appeal.^ 

10.  The  Attorney-General  of  the  Courts  of  Cassation 
and  the  Prosecutor-General,  after  five  years  of  ser\dce. 

11.  The  Presidents  of  the  Chambers  of  the  Courts  of 
Appeal  after  three  years  of  service. 

12.  The  Councillors  of  the  Courts  of  Cassation  and 
of  the  Chamber  of  Accounts  after  five  years  of  service. 

13.  The  Advocates-General  and  Fiscals-General  of  the 
Courts  of  Appeal  after  five  years  of  service. 

14.  All  military  officers  of  the  land  and  naval  forces 
with  title  of  general.  Major-generals  and  rear-admirals 
after  five  years  of  active  service  in  this  capacity. 

15.  The  Councillors  of  State  after  five  years  of  service. 

16.  The  members  of  the  Councils  of  Division*  after 
three  elections  to  their  presidency. 

i.These  are  Courts  of  Review  and  Appeal  in  second  instance  with  appellate  juris- 
diction in  civil  and  criminal  cases  for  appeals  in  error,  in  form,  or  in  fact.  There 
are  at  present  five  of  these  courts  in  Italy,  and  parliamentary  eflforts  to  unite 
them  in  one  have  thus  far  been  unsuccessful.  The  court  at  Rome  has  some- 
what more  extensive  powers  than  either  of  the  other  four.  (Florence,  Naples, 
Palermo  and  Turin.)  Each  court  has  a  first  president  and  one  or  more  presidents 
of  sections,  and  eight  to  sixteen  councillors.    Seven  members  constitute  a  quorum. 

2  This  corresponds  to  the  French  '^cours  des  compies,'^  with  jurisdiction  over  mat- 
ters concerning  the  public  revenue.  It  is,  in  reality,  a  Court  of  Audit;  the  accounts 
of  fiscal  agents  being  submitted  to  it  for  approval. 

'  The  Courts  of  Appeal  in  first  instance  with  the  same  form  of  organization  as 
the  Courts  of  Cassation.    They  number  at  present  twenty. 

<  At  the  time  of  the  adoption  of  this  Constitution  the  "Division"  in  Piedmont 
corresponded  to  the  "Province"  in  modern  Italy.  The  "Councils  of  Division  " 
are  therefore  the  elective  representative  bodies  of  the  Provinces,  now  known  as 
the  Provincial  Councils.  There  are  at  present  69  provinces.  See  law  of  Feb.  10, 
1889. 

[282] 


The  Constitution  op  Itai.y.  ^ 

17.  The  Provincial  Governors  {Intendenti  generaliy 
after  seven  years  of  service. 

18.  Members  of  the  Royal  Academy  of  Science  of 
seven  years  standing. 

19.  Ordinary  members  of  the  Superior  Council  of 
Public  Instruction  after  seven  years  of  service. 

20.  Those  who  by  their  services  or  eminent  merit 
have  done  honor  to  their  countr>\ 

21.  Persons  who,  for  at  least  three  years,  have  paid 
direct  property  or  occupation  taxes  to  the  amount  of 
3000  lire. 

Art.  34.  The  Princes  of  the  Royal  Family  shall  be 
members  of  the  Senate.  They  shall  take  rank  imme- 
diately after  the  President.  They  shall  enter  the  Senate 
at  the  age  of  twenty-one  and  have  a  vote  at  twenty-five. 

Art.  35.  The  President  and  Vice-Presidents  of  the 
Senate  shall  be  appointed  by  the  King,  but  the  Senate 
chooses  from  among  its  own  members  its  secretaries. 

Art.  36.  The  Senate  may  be  constituted  a  High 
Court  of  Justice  by  decree  of  the  King  for  judging 
crimes  of  high  treason  and  attempts  upon  the  safety  of 
the  State,  also  for  trying  Ministers  placed  in  accusation 
by  the  Chamber  of  Deputies.'  When  acting  in  this 
capacity,  the  Senate  is  not  a  political  body.  It  shall  not 
then  occupy  itself  with  any  other  judicial  matters  than 
those  for  which  it  was  convened;  any  other  action  is 
null  and  void. 

Art.  37.  No  Senator  shall  be  arrested  except  by  virtue 
of  an  order  of  the  Senate,  unless  in  cases  of  flagrant 

1  InUndenti  generali  were  the  head*  of  U»e  divitionu  They  correapoadcd  to  Um 
actual  Pre/etti,  the  poliUcal  and  adminUtraUve  beada  of  the  Prorlocca.  appolatcd 
by  the  Government, 

«  The  judicial  regulationa  of  the  Senate  when  constituted  a  BIgh  Ooart  of  JoAiec 
bear  date  May  7,  1870.    (For  text  see  collection  of  laws  referred  to  la  doU  i.  p.  as4 

[*83] 


34  Annai^  of  the  American  Academy. 

commission  of  crime.      The  Senate  shall  be  the  sole 
judge  of  the  imputed  misdemeanors  of  its  members/ 

Art.  38.  Legal  documents  as  to  births,  marriages  and 
deaths  in  the  Royal  Family  shall  be  presented  to  the  Sen- 
ate and  deposited  by  that  body  among  its  archives. 
OF  THE  chamber  OF  DEPUTIES. 

Art.  39.  The  elective  Chamber  is  composed  of  depu- 
ties chosen  by  the  electoral  colleges  as  provided  by  law.^ 

Art.  40.  No  person  shall  be  a  member  of  the  Chamber 
who  is  not  a  subject  of  the  King,  thirty  years  of  age, 
possessing  all  civil  and  political  rights  and  the  other 
qualifications  required  by  law. 

Art.  41.  Deputies  shall  represent  the  nation  at  large 
and  not  the  several  Provinces  from  which  they  are 
chosen.  No  binding  instructions  may  therefore  be  given 
by  the  electors. 

Art.  42.  Deputies  shall  be  elected  for  a  term  of  five 
years;  their  power  ceases  ipso  jure  at  the  expiration  of 
this  period. 

iln  judg^ing  misdemeanors  of  a  criminal  nature,  the  Senate  is  constituted  a 
High  Court  of  Justice. 

2  The  election  law  long  in  force  was  that  of  December  17,  i860,  which  was  subse- 
quently modified  in  July,  1875,  and  in  May,  1877.  In  January,  1882,  a  comprehen- 
sive electoral  reform  was  inaugurated  by  which  the  electoral  age  qualification  was 
reduced  from  twenty-five  to  twenty-one  years,  and  the  tax  qualification  to  an 
annual  payment  of  nineteen  lire  eighty  centesimi  as  a  minimum  of  direct  taxes. 
This  law  introduced  a  new  provision  requiring  of  electors  a  knowledge  of  reading 
and  writing.  It  is  an  elaborate  law  of  107  articles  (see  reference  in  note  i  on 
page  25  for  text).  The  provisions  relating  to  the  elections  by  general  ticket 
were  further  revised  by  law  of  May  and  decree  of  June,  1882,  and  the  text  of  the 
whole  law  was  co-ordinated  with  the  preceding  laws  by  Royal  Decree  of  September 
24,  1882.  It  was  again  modified  May  5th,  1891,  by  the  abolition  of  elections 
on  general  tickets  and  the  creation  of  a  Commission  for  the  territorial 
division  of  the  country  into  electoral  colleges.  The  number  of  electoral  colleges 
is  at  present  fixed  at  508,  each  electing  one  Deputy.  Twelve  articles  of  this  law 
of  1882,  as  thus  amended,  have  been  again  amended  by  a  law  dated  June  28,  1892, 
prescribing  further  reforms  in  the  control  and  supervision  of  elections,  and  bylaw 
of  July  II,  1894,  on  the  revision  of  electoral  and  registration  lists. 

[284] 


The  Constitution  op  Italy.  35 

Art.  43.  The  President,  Vice-presidents  and  Secre- 
taries of  the  Chamber  of  Deputies  shall  be  chosen  from 
among  its  own  members  at  the  beginning  of  each  session 
for  the  entire  session. 

Art.  44.  If  a  Deputy  ceases  for  any  reason  whatsoever 
to  perform  his  duties,  the  electoral  college  that  chose 
him  shall  be  convened  at  once  to  proceed  with  a  new 
election. 

Art.  45.  Deputies  shall  be  privileged  from  arrest 
during  the  sessions,  except  in  cases  of  flagrant  commis- 
sion of  crime;  but  no  Deputy  may  be  brought  to  trial  in 
criminal  matters  without  tlie  previous  consent  of  the 
Chamber. 

Art.  46.  No  warrant  of  arrest  for  debts*  may  be 
executed  against  a  Deputy  during  the  sessions  of  the 
Chamber,  nor  within  a  period  of  three  weeks  preceding 
or  following  the  same. 

Art.  47.  The  Chamber  of  Deputies  shall  have  power 
to  impeach  Ministers  of  the  Crown  and  to  bring  them  to 
trial  before  the  High  Court  of  Justice. 

PROVISIONS  RELATING  TO   BOTH   HOUSB& 

Art.  48.  The  sessions  of  the  Senate  and  Chamber  of 
Deputies  shall  begin  and  end  at  the  same  time,  and 
every  meeting  of  one  Chamber,  at  a  time  when  the  other 
is  not  in  session  is  illegal  and  its  acts  wholly  null  and 
void. 

Art.  49.  Senators  and  Deputies  before  entering  upon 
the  duties  of  their  office  shall  take  an  oath  of  fidelity  to 
the  King  and  swear  to  observe  faithfully  the  Constitution 
and  laws  of  the  State  and  to  perform  their  duties  with 

J  This  article  has  been  pracUcally  abolished  by  Uic  Maadal  Uw  of  December  6, 

1877,  doing  away  with  personal  arrest  for  debts. 

[285] 


36  Annaxs  of  the  American  Academy. 

the  joint  welfare  of  King  and  country  as  the  sole  end 
in  view/ 

Art.  50.  The  office  of  Senator  or  Deputy  does  not 
entitle  to  any  compensation  or  remuneration.^ 

Art.  51.  Senators  and  Deputies  shall  not  be  held  re- 
sponsible in  any  other  place  for  opinions  expressed  or 
votes  given  in  the  Chambers. 

Art.  52.  The  sessions  of  the  Chambers  shall  be  pub- 
lic. Upon  the  written  request  of  ten  members  secret 
sessions  may  be  held. 

Art.  53.  No  session  or  vote  of  either  Chamber  shall 
be  legal  or  valid  unless  an  absolute  majority  of  its 
members  is  present.^ 

Art.  54.  The  action  of  either  Chamber  on  any  ques- 
tion shall  be  determined  by  a  majority  of  the  votes  cast. 

Art.  55.  All  bills  shall  be  submitted  to  committees 
elected  by  each  House  for  preliminary  examination.  Any 
proposition  discussed  and  approved  by  one  Chamber  shall, 
be  transmitted  to  the  other  for  its  consideration  and 
approval;  after  passing  both  Chambers  it  shall  be  pre- 
sented to  the  King  for  his  sanction.  Bills  shall  be  dis- 
cussed article  by  article.'* 

Art.  56.  Any  bill  rejected  by  one  of  the  three  legis- 
lative powers  cannot  again  be  introduced  during  the 
same  session. 

Art.  57.   Every  person  who  shall  have  attained  his 

*  According  to  the  law  of  December  30,  1882,  a  Deputy  loses  all  claim  to  his  seat  if 
he  docs  not  take  the  prescribed  oath  within  two  months  after  election. 

«  A  law  to  salary  the  Deputies  was  introduced  in  1882  by  Francisco  Crispi,  when 
Deputy,  but  was  rejected  by  the  Chamber  of  Deputies. 
'This  article  is  not  observed  in  actual  parliamentary  practice. 

♦  This  provision  has  necessarily  been  somewhat  modified  by  the  exigencies  of 
business  before  the  Chambers.  Articles  are  therefore  grouped  as  far  as  possible 
for  purposes  of  debate,  but  always  voted  upon  separately. 

[286] 


The  Constitution  op  Italy.  37 

majority  has  the  right  to  send  petitions  to  the  Chambers, 
which  in  turn  must  order  them  to  be  examined  by  a 
committee;  on  report  of  the  committee  each  House  shall 
decide  whether  they  are  to  be  taken  into  consideration, 
and  if  voted  in  the  affirmative,  they  shall  be  referred  to 
the  competent  Minister  or  shall  be  deposited  with  a 
Government  Department  for  proper  action. 

Art.  58.  No  petition  may  be  presented  in  person  to 
either  Chamber.  No  persons  except  the  constituted 
authorities  shall  have  the  right  to  submit  petitions  in 
their  collective  capacity. 

Art.  59.  The  Chambers  shall  not  receive  any  depu- 
tation,  nor  give  hearing  to  other  than  their  own  members 
and  the  Ministers  and  Commissioners  of  the  Govern- 
ment. 

Art.  60.  Each  Chamber  shall  be  sole  judge  of  the 
qualifications  and  elections  of  its  own  members. 

Art.  61.  The  Senate  as  well  as  the  Chamber  of  Depu- 
ties shall  make  its  own  rules  and  regulations  respecting 
its  methods  of  procedure  in  the  performance  of  its 
respective  duties.^ 

Art.  62.  Italian  shall  be  the  official  language  of  the 
Chambers.  The  use  of  French  shall,  however,  be  per- 
mitted to  those  members  coming  from  French-speaking 
districts  and  to  other  members  in  replying  to  the  same.* 

Art.  63.  Votes  shall  be  taken  by  rising,  by  division, 
and  by  secret  ballot.  The  latter  method,  however,  shall 
always  be  employed  for  the  final  vote  on  a  law  and  in 
all  cases  of  a  personal  nature. 

1  The  manual  of  rules  now  in  use  in  the  Senate  and  Chamber  of  Deputies  were 
adopted  in  1876  and  1868  respectively,  but  both  hare  been  subjected  to  tam»  revis- 
ion.   The  text  is  to  be  found  in  collection  already  referred  to,  note  1.  peg*  «. 

•Second  clause,  now  of  no  effect,  appUed  to  Savoy  and  Nice,  now  p«rt  of  Rr»aoe, 
by  terms  of  treaty  of  March  24,  i860. 

[287] 


38  Annals  of  the  American  Academy. 

Art.  64.  No  one  shall  hold  the  office  of  Senator  and 
Deputy  at  the  same  time. 

OF  THE  MINISTERS. 

Art.  65.  The  King  appoints  and  dismisses  his  minis-^ 
isters.^ 

Art.  66.  The  Ministers  shall  have  no  vote  in  either 
Chamber  unless  they  are  members  thereof.  They  shall 
have  entrance  to  both  Chambers  and  must  be  heard  upon 
request. 

Art.  67.  The  Ministers  shall  be  responsible.^  Laws, 
and  decrees  of  the  government  shall  not  take  effect  until 
they  shall  have  received  the  signature  of  a  Minister. 

OF  THE  judiciary. 

Art.  68.  Justice  emanates  from  the  King  and  shall  be 
administered  in  his  name  by  the  judges  he  appoints. 

Art.  69.  Judges  appointed  by  the  King,  except  Can-- 
tonal  or  District  judges  (di  mandamento\  shall  not  be 
removed  after  three  years  of  service.^ 

1 A  Royal  Decree  dated  August  25,  1876,  contains  the  rules  for  the  proceedings, 
in  Cabinet  Council  {ConsigUo  dei  Ministeri).  The  Act  of  February  12,1888,  concern- 
ing the  Council  of  Ministers,  provides  that  their  number  and  functions  shall  be 
determined  by  Royal  Decree.  This  is  in  accordance  with  the  settled  principle  of 
Italian  public  law  by  which  the  King  may  modify  the  internal  organization  of  the 
executive  department  of  the  government  by  royal  decree. 

2  The  responsibility  of  ministers  has  not  as  yet  been  defined  by  law  ;  the  Man- 
cini  ministry  in  1878  api>ointed  a  commission  to  prepare  such  a  law,  but  its  labors 
came  to  naught. 

•After  some  attempts  to  do  away  with  this  guarantee,  a  law,  passed  December 
6.  1865.  gave  the  government  the  right  to  remove  judges,  provided  the  latter  were 
guaranteed  the  same  grade  and  salary.  This  prerogative  of  the  government 
was  later  weakened  by  a  decree  of  January  4,  1880,  which  instituted  a  Commis- 
sion of  the  Ministry  of  Justice,  composed  of  four  Councillors  of  the  Courts  of  Cas- 
sation and  one  member  of  the  bar  at  the  same  courts,  charged  with  the  duty  of 
giving  advice  upon  the  removal  of  judges.  Judges  di  mandatnento  are  known  as 
pretore  and  have  jurisdiction  over  political  divisions  comprising  several  com- 
munes.   There  are  1535  such  divisions  or  Mandamenti. 

[288] 


The  Constitution  of  Itai.y.  39 

Art.  70.  Courts,  tribunals  and  judges  are  retained  as 
at  present  existing.  No  modification  shall  be  introduced 
except  by  law.^ 

Art.  71.  No  one  shall  be  taken  from  his  ordinary 
legal  jurisdiction.  It  is  therefore  not  lawful  to  create 
extraordinary  tribunals  or  commissions.* 

Art.  72.  The  proceedings  of  tribunals  in  civil  cases 
and  the  hearings  in  criminal  cases  shall  be  public  as 
provided  by  law. 

Art.  jT)'  "^^^  interpretation  of  the  laws,  in  the  form 
obligatory  upon  all  citizens,  belongs  exclusively  to  the 
legislative  power. 

GENERAL  PROVISIONS. 

Art.  74.  Communal  and  provincial  institutions  and 
the  boundaries  of  the  communes  and  provinces  shall  be 
regulated  by  law.^ 

Art.  75.  The  military  conscriptions  shall  be  regu- 
lated by  law.* 

Art.  76.  A  communal  militia  shall  be  established  on 
a  basis  fixed  by  law.*^ 

1  See  law  of  December  6,  1865,  for  organization  of  the  Judiciary,  and  the  Offaaic 
law  for  the  Court  of  Assizes  and  for  jury  trials,  dated  June  8,  1874. 

•The  code  of  penal  procedure,  however,  in  Article  766  aeems  to  run  directly 
counter  to  this  clause  by  the  provision  that  in  case  of  reasonable  suspicion,  or  on 
the  grounds  of  public  safety,  the  accused  may  be  removed  for  trial  from  the  reg«* 
larly  constituted  jurisdiction. 

>  Law  of  March  20.  1865.  A  new  law  was  diacuMed  by  the  Chamber  of  Ocpatiet 
May,  1880,  but  the  favorable  report  of  the  committee  was  rejected  by  the  Chamber 
in  December,  1881.  On  the  tenth  of  February,  1S89,  a  new  law  was  paaacd.  since 
modified  by  the  Acts  of  July  5,  1889,  and  that  of  1894. 

« Ivaw  of  June  7,  1875,  as  modified  by  miliUry  legislation  in  tSSa. 

6  The  first  law  on  this  subject  was  dated  March  4,  1848;  this  was  followed  by  law 
of  February  27,  1859,  regulating  the  election  of  officers,  the  division  into  corps. 
Another  law  dated  August  4,  1861,  applies  to  the  militia.  The  national  goard  as 
such  became  extinct  after  the  military  law  of  June  14,  1874. 

[289] 


40  Annai^  of  the  American  Academy. 

Art.  77.  The  State  retains  its  flag,  and  the  blue  cock- 
ade is  the  only  national  one.' 

Art.  78.  The  knightly  orders  now  in  existence  shall  be 
maintained  with  their  endowments,  which  shall  not  be 
used  for  other  purposes  than  those  specified  in  the  acts 
by  which  they  were  established.  The  King  may  create 
other  orders  and  prescribe  their  constitutions. 

Art.  79.  Titles  of  the  nobility  are  guaranteed  to 
those  who  have  a  right  to  them.  The  King  may  confer 
new  titles. 

Art.  80.  No  one  may  receive  orders,  titles  or  pen- 
sions from  a  foreign  power  without  the  King's  consent. 

Art.  81.  All  laws  contrary  to  the  provisions  of  the 
present  constitution  are  hereby  abrogated. 

Given  at  Turin  on  the  fourth  day  of  March,  in  the 
year  of  Our  Lord,  one  thousand  eight  hundred  and  forty 
eight,  and  of  Our  Reign  the  eighteenth. 

transitory  provisions. 

Art.  82.  This  statute  shall  go  into  efifect  on  the  day 
of  the  first  meeting  of  the  Chambers,  which  shall  take 
place  immediately  after  the  elections.  Until  that  time 
urgent  public  service  shall  be  provided  for  by  royal 
ordinances  according  to  the  mode  and  form  now  in  vogue, 
excepting,  however,  the  ratifications  and  registrations  in 
the  courts  which  are  from  now  on  abolished. 

Art.  83.  In  the  execution  of  this  statute  the  King 
reserves  to  himself  the  right  to  make  the  laws  for  the 

1 A  few  days  after  the  promulgation  of  this  Constitution,  King  Charles  Albert 
issued  a  proclamation  (March  25,  1848),  to  the  inhabitants  of  Ixjmbardy  and  the 
Province  of  Venice  saying  that  he  had  adopted  the  three  Italian  colors,  green, 
white  and  red.  Two  subsequent  decrees,  dated  April  11  and  28,  1848,  gave  the 
'•new  colors"  to  the  marine  and  to  the  communal  militia,  and  these  acts  of  exec- 
utive power  have  been  held  to  be  legal  because  the  Constitution  was  not  yet  in 
force  according  to  the  terms  of  Article  82. 

[290] 


The  Constitution  op  Italy.  41 

press,  elections,  communal  militia  and  organization  of 
the  Council  of  State.  Until  the  publication  of  the  laws 
for  the  press,  the  regulations  now  in  force  on  this  subject 
remain  valid. 

Art.  84.  The  Ministers  are  entrusted  with,  and  arc 
responsible  for  the  execution  and  full  observance  of 
these  transitory  provisions. 

Charles  Albert. 

The  Minister  and  First  Secretary  of  State  for  Internal 

Affairs,  BoRELLi. 
The  First  Secretary  of  State  for  Ecclesiastical  Affairs 

and  for  Pardon  and  Justice,  Director  of  the  Great 

Chancery,  AvET. 
The  First  Secretary  of  State  for  Finance,  Di  Revkl. 
First  Secretary  of  State  for  Public  Works,  Agriculture, 

and  Commerce,  Des  Ambrois. 
First  Secretary  of  State  for  Foreign  Affairs,  E.  Di  San 

Marzano. 
First  Secretary  of  State  for  War  and  Navy,  Broglia. 
First  Secretary   of   State  for  Public    Instruction,   C. 

Alfieri. 


[291] 


BIBLIOGRAPHICAI.  NOTE. 

For  the  text  of  the  Italian  Constitution,  with  many 
of  the  laws  of  a  supplementary  nature  and  some  com- 
mentary from  a  legal  point  of  view,  see: — 

Codice  Politico  Amministrativo.  Raccolta  completa 
di  tutte  le  leggi  e  regolamenti  concernenti  la  pubblica  am- 
ministrazione  nei  suoi  rapporti  politici  e  amministrativi. 
Con  commenti  copiosi  ed  esteri,  raffronti,  giurisprudenza 
completa,  note  esplicative  per  cura  delPAnnuario  Critico 
di  Giurisprudenza  Practica  dell 'Aw.  Prof.  Pietro 
COGLio  con  la  speciale  collaborazione  delPAvv.  Er- 
MiNio  Malchiodi.  Firenze,  G.  Barbera,  Editore.  1892. 
Pp.  1 1 23.     Prezzo,  Lire  5. 

Statuto  fondamentale  del  Regno  dUtalia,  Milano, 
Tipografia  Luigi  di  Giacomo  Pirola.  Text  only,  pam- 
phlet pp.  16. 

Costituzioni  Italiane.  Raccolta  di  tutte  le  costituzioni 
antiche  e  modeme.     Torino,  1852,  2  vols. 

Statuto  fondamentale  del  Regno  d'^ Italia,  Bologna, 
1 881.     Text  only. 

Codice  politico- amministrativo  del  Regno  d^  Italia  ovvero 
collezione  metodica  delle  leggi  e  dei  decreti  d'interesse 
generale  e  permanente  dal  1861  in  poi.  Roma,  1879. 
I  vol.  Leggi  constituzionale  e  amministrazione  ge- 
nerale. 

Le  leggi  di  uniHcazione  amministrativa  precedute 
dalla  legge  fondamentale  del  regno.  V.  GioiA,  Palermo, 
1877,  2  vols. 

[292] 


Bibliographical  Note.  43 

Les  constitutions  de  tous  les  pays  ctvilisis,  Rccueil- 
lies,  mises  en  ordre  et  annot^es  par.  Mme.  la  Princesse  de 
Lesignano.     Bruxelles,  1880,  pp.  604. 

Les  Constitutions  Modernes.  Recueil  des  constitu- 
tions actuellement  en  vigeur  dans  les  divers  &tats 
d' Europe,  d\\m^rique  et  du  monde  civilis^.  Traduites 
sur  les  texts  et  accompagn^es  de  notices  historiques  et 
de  notes  explicatives.  Par  F.  R.  Dareste,  avec  la  colla- 
boration de  P.  Dareste,  Paris,  1883,  2  vols.,  pp.  573 
678. 

For  commentaries  and  discussions  of  the  principles  of 
the  Italian  Constitution,  see: 

Demombynes,  Constitutions  Europkennes,  R^um6de 
la  legislation  concernant  les  parliaments,  les  conseils 
provinciaux  et  communaux  et  I'organisation  judiciare 
dans  les  divers  Etats  de  PEurope  avec  une  notice  sur  le 
Congr^s  des  Etas-Unis  d'Am^rique.  Paris,  1881,  2 
vols.     1893.    There  is  a  second  edition  enlarged  of  Vol.  I. 

Marquardsen,  Handbuch  des  Offentlichen  Rechts  det 
Gegenwart,  Abtheilung  fiir  Italien.  Das  Staatsrecht 
des  Konigreiches  Italien  von  Herm  Prof.  Brusa,  1888, 
Freiburg. 

ViSMARA,  Statuto  fondajnentale  commenlato,  Milano, 
1875,  Theoretical  Commentary. 

FiORENTiNi,  Lo  Statuto  spiegato  al  popolo,  Roma, 
1879. 

Brunialti,  La  costituzione  Italiana      Torino,  i88x. 

Lo  Statuto  fondatnentale  del  Regno  d"* Italia  annotato. 
Cesena,  1881-82. 

Casanova,  Del  diritto  costitusionah,  2  vols.,  third 
edition.     Firenze,  1875. 

Garelli,  Lezioni  di  diritto  costitusionaU  Italiano, 
Vol.  I,  third  edition.     Torino,  1876. 

[293] 


\ 


44  AnnaIvS  of  the  American  Academy. 

L.  Pal]MA,  Corso  di  diritto  costituzionale,  3  vols., 
Firenze,  1877-81. 

Borgeaud,  Etablissement  et  Rkvision  des  Constitutio7is 
en  Am^rique  et  en  Europe^  Paris,  1893. 

UrtollER,  Lo  Statiito  fondamentale  del  Regno 
d Italia,  First  Part  *'  Of  the  State  and  the  Monarchy/' 
Cesena,  1881.     pp.  208. 


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