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CIVICS

FOR NEW YORK STATE

BY

CHARLES Deforest hoxie

Member of the New York Bar

NEW EDITION

'• • • •, • ' ' J •>,'•*')' '"

NEW YORK • : • CINCINNATI • ! • CHICAGO
AMERICAN BOOK COMPANY

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Copyright, 1901, by

CHARLES Deforest hoxie.

Copyright, 1910, by
AMERICAN BOOK COMPANY.

Entered at Stationers' Hall, London.

CIVICS for new YORK STATE.

W. p. 1'

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Preface

No text-book, however good, can take the place of the
teacher. The book may supply materials for study, furnish
an outline and guide for the student, stimulate him to orig-
inal thought and inquiry ; but it is the teacher, after all,
who must vitalize the subject.

It is the aim of Civics for New York State to help the
teacher in his efforts to help the boys and girls of New
York to an understanding of the several governments,
local, State and national, under which we live ; to arouse in
their minds an interest in the work which the different gov-
ernments are called upon to perform ; and to inspire our
young people with a love not only for their country and
State, but also for the city or other local division in which
they live, and a desire to see its public business wisely and
justly administered.

To accomplish these purposes the author has aimed, first
of all, to make the subject — often looked upon as a some-
what dry one — alive with interest ; secondly, to develop it
in accordance with true pedagogic principles; thirdly, to
treat it historically, so that present forms and institutions
may be traced to their historic origins ; and fourthly, to
combine all with a full and comprehensive summary of the
latest general laws and principles underlying the govern-
ments affecting the people of New York, and an account of
our more important public officers, their powers and duties.

255813

4 - . ' . PREFACE.

With these ends in view, the book at the same time fol-
lows closely the plan laid down by the New York State
Education Department in its Syllabus outlining the subjects
necessary to be mastered in order to pass its examinations
in civics ; and the student who makes a careful reading
of this book and its collateral references should be able
to pass any ordinary examination in civics.

Besides its use as a text-book, it is hoped that the book
may prove of interest and value to the general reader, lead-
ing him to realize more vividly the truth that governments,
laws and public officials are but the machinery by which he
and his neighbors secure the doing of needed public work ;
that he has a direct interest in the proper performance of
this work ; and that liis interest requires his attendance at
the caucus and the primary as well as at the public elec-
tions. In short, it is hoped that Civics for New York State
will stimulate good citizenship, not only in the schoolroom,
but in the busy world outside.

The summaries following the several chapters, and the
maps and diagrams accompanying the text, will aid the
student in his efforts to fix the subject clearly in mind.
Further sources of information will be found at the close
of a number of chapters under the title "Additional Read-
ing." The "New York Syllabus in Civics" (page 369),
with page references to this book, will be found helpful
to those who are preparing to pass the examinations of
the New York State Education Department.

C. DE F. HoxiE.

Contents

CHAP. PAGE

I. Preliminary Steps . . 7

II. Government by Town Meeting 15

III. Town Officers, Their Powers and Duties . . .23

IV. The Village and its Government ^^

V. The Government of Cities 42

VI. Greater New York 62

VII. The County 80

VIII. The State, and the People Who Made It . . . 94

IX. How New York Became a State 104

X. The State Constitution 113

XI. Personal Rights 123

XII. The Right to Vote 134

XIII. Departments of State Government — The Legislature . 141

XIV. The Legislature — (Continued) 149

XV. The State's Executive Department 165

XVI. The Judiciary Department — How Criminals Are

Brought to Justice 178

XVII. The Judiciary Department — Civil Suits at Law . .190

XVIII. The Public Schools 201

XIX. Assessment and Collection of Taxes 213

XX. The Conduct of Public Elections 226

XXI. The State and the United States 238

XXII. The United States, the States, and the People . .252

XXIII. Departments of United States Government . , . 275

XXIV. The United States and Other Nations .... 306
XXV. Personal and Property Relations ..... 323

5

6 CONTENTS.

Appendix

Constitution of the United States 337

Summary of New York State Constitution ...... 349

Table of the principal officers of local, state, and national governments,

with mode of election or appointment, term of office, and salary . 366
Syllabus in Civics, with references to corresponding topics in this book . 369
Index 382

Maps, Diagrams and Illustrations

City of New York, by Boroughs and Districts of Local Improvements 62, 63
City of New York, by Senate and Assembly Districts . . .66, 67
Map of Oneida County, showing towns, villages and cities . . .81

State, by Counties 82

State, by Senate Districts 148

Senate Chamber 144

State Capitol 150

State, by Judiciary Districts 195

Specimen Ballot 231

The State by Congressional Districts 279

CHAPTER I.

Preliminary Steps.

The work of government is much greater and more
important now than it was in.earher times. More than a
million people in our country are engaged in carrying on
our government, and the work they do is of many kinds.
Let us begin by making a list of some of the things that
are done for us by the government.

In our childhood we are (i) taught by public school
teachers, and (2) provided with a schoolhouse in which the
teaching is carried on. (3) Public libraries are kept up,
from which we may borrow books to read. Where is the
nearest library from which you can draw books ?

(4) Roads and (5) bridges are built and kept in repair,
so that we can travel about easily from place to place. If
we live in a large village or a city, the government provides
(6) waterworks to supply us with water, (7) sewers to
carry off the waste water from our houses, and (8) men and
machines to put out destructive fires. It may also (9) provide
parks for us to walk or play in, and may even (10) hire
bands to play music for us on certain days.

The government does what it can to protect us from
disease. (11) When anybody is sick with a contagious
disease, like scarlet fever or smallpox, government officers
enforce the rules that are necessary to keep the disease
from spreading to other people. (12) In sickness or old
age, if we cannot care for ourselves, we may be cared for
in public hospitals, asylums, or poorhouses. (13) When a
contagious disease attacks horses or cattle or sheep, govern-

7

8 GOVERNMENT OF NEW YORK.

ment officers will stop it from spreading ; if necessary, by
destroying the sick animals.

To protect our property, the government (14) keeps a
careful record of the ownership of every piece of land,
and provides courts (15) to settle disputes, and (16) to
punish thieves and robbers.*

What bank is nearest your school } Is it a safe place in
which to deposit money.-* Government officers (17) in-
spect banks, and close any that are likely to fail.

Is your house insured } Is your father's life insured }
Are the insurance companies sound and able to pay the
amounts insured .? Government officers (18) inspect insur-
ance companies, and put out of business any that are unsafe.

The government (19) coins and prints all our money, and.
(20) severely punishes counterfeiting. It (21) manages
all the post offices, and for two cents will carry a letter
thousands of miles and deliver it to the person addressed.

What other work do you know, that is done by the gov-
ernment ? Of all the different kinds of government work
mentioned, which do you think is the most important .'*

Governmental Units. — The things mentioned above are
done by many different officers, some acting for the whole
country, some for the State, some for the town, county,
village or city, and some for the school district. In our list,
the things numbered (i), (2) and (3) are done by officers
of a school district; (3), (6), (7), (8), (9) and (10), by
officers of the town, village or city; (14) by a county
officer; (13), (17) and (18) by officers of the State;
(19), (20) and (21) by officers of the United States. The
things numbered (4), (5), (11), (12), (15) and (16) are done
partly by officers of the town, village or city; partly by
county officers ; and partly by State officers.

PRELIMINARY STEPS. 9

Cooperative Control. — And why should these things
be done b)'- government officers ? Why not leave them to
be done by people for themselves ? Because some of them
can be done only by the authority of a whole community,
imposing its will on individuals ; and because others can be
done better and more cheaply by the united action of a
community than by individuals or private companies. For
instance, it takes far less time for one inspector to look
over the books of a bank and publish his report, than it
would for each depositor to do the work for himself. A
single schoolhouse built at public expense, and under
cooperative control, is better and cheaper than a separate
schoolroom in each house.

If each family employed its own school teacher, it might
manage its school as it liked ; while the public school can-
not be managed so as to suit everybody in all particulars,
because people do not all think aUke. It is necessary, in
any organized community, that the members shall give up
part of their individual control of their lives and actions.

Mending a Road. — How are things done by joint
effort } For example, if a washed-out country road is to
be repaired, who will superintend the workmen to be em-
ployed "i Who will pay their wages }

The natural answer to these questions is that the public
officers in charge of the road will see to its repair, and that
the taxpayers will meet the expense. But here again arise
more questions. Who and what are public officers .'' How
are they chosen } What gives them authority over roads
and other public affairs .? How does the money to pay for
needed public work find its way from the pockets of the
taxpayers into the hands of the proper public officers } In
attempting to mend our country road, we find ourselves

lo GOVERNMENT OF NEW YORK.

face to face with questions involving almost the entire
machinery and authority of government.

The first step naturally taken in the mending of the road
would be to call a meeting of the persons most immediately
interested, to discuss the work to be done, to decide on the
amount of money needed, to select suitable persons to super-
vise the work, to apportion each interested person's share of
the cost, and to arrange for collecting the money. This nat-
ural method of procedure corresponds very closely with the
legal method of securing the performance of most needed
public work in the country districts of New York. In these
places meetings of the voters are regularly held to discuss
and decide questions relating to the public business. These
meetings are known as Town Meetings. Regular town
meetings are held once in every two years in all the towns
of New York. This brings us to another question. What is
the town ?

The Town. — If we start from a country place in New
York, and drive off in any single direction for three or four
miles, we shall come to the borders of another town from
the one where we started. Wherever we go throughout the
State, except in the cities, we find the country cut up into
towns, or townships, as they are sometimes called. As a
rule, each town differs in size and shape from all the others;
but no town is so large that its voters may not conveniently
gather in town meeting. In many of the western States,
towns are laid out in blocks of territory, six miles long and
six miles wide, like the squares on a checkerboard, each
town containing about thirty-six square miles. Towns in
New York ^ and the older eastern States, are not thus laid

I Except in the western part of the State, and in some portions of the cen-
tral part.

PRELIMINARY STEPS. ii

out; but they were formed gradually as people from Hol-
land, England and other European countries came several
hundred years ago to this country, built stockades and forts
and established trading posts to trade with the Indians,
cleared the land of forests, laid out farms and gathered in
villages. As public necessity required, local governments
were estabHshed, to build roads and schools and administer
public affairs. Thus many towns of New York were formed,
here and there, with irregular boundaries and of different
shapes and sizes ; and out of these early forms have grad-
ually developed our present city, town and village govern-
ments. We may speak, then, of a town in New York, as
lying within a certain piece of territory, the voters of which
meet regularly to select town officers and order the town's
public work. Several towns united form a county,^ of
which there are sixty-one in New York.

The Town a Municipal Corporation. — But while a town
may be said to lie within a certain definite piece of territory
that may be shown on a map, the town itself is not terri-
tory. The real town consists of the townspeople living
within the territory, who are united for purposes of town
government. In this sense a town is a municipal corpora-
tion, which being explained, means a number of persons as-
sociated together for purposes of government, and hav-
ing by law power to do or direct the public affairs of a cer-
tain territory. A town, then, consists of the people of the
town united in a body politic, or municipal corporation.

The Town Governed by Its People through the Town
Meeting — The town's pubhc business is largely transacted
by its voters assembled in town meeting. In the town
meeting any voter may propose any action of interest to the

>The counties forming the city of New York have now no towns.

12 GOVERNMENT OF NEW YORK.

townspeople, allowed by the law ; his proposition may be
debated by the voters in open meeting, and decided, " yes "
or •* no, " by majority vote of those present. The final de-
cisions of a town meeting upon questions relating to its pub-
lic affairs, are known as the town's By-laws. The word " by "
in by-law comes from an old Norse word meaning town. It
probably crept into our language centuries ago, when the
Danes were masters in Great Britain and Danish kings sat
on the English throne. In our New York town meetings,
money needed for carrying on the town's public work may
be voted, Assessors may be chosen to apportion each per-
son's share of the money to be raised in town for public
purposes, and a Collector to collect this money. Money
thus lawfully assessed and collected from private persons
for public purposes is called a Tax ; and the power to assess
and collect taxes, possessed by the town meeting is one of
the most important powers of government.

The work of the town meeting, thus described, consti-
tutes very largely what we call " governing the town." In-
deed, for many purposes, we may say that the town meet-
ing, attended by the lawful voters of the town, discussing the
town's public work, electing officers to carry on that work,
and directing the assessment and collection of taxes,
is the government of the town actually assembled and doing
its work. We sometimes speak of " the government " as
if it were some mysterious, far-away institution, quite apart
from the common people. In the town meeting, we see
that " the government " consists of the people, assembled
according to the forms of law, discussing and directing their
own public work.

The Town an Example of Direct Democratic Govern-
ment The government of a town by its voters assembled

I

PRELIMINARY STEPS. 13

in town meeting, is an example of what is known as direct
democratic government, as distinguished from what is
known as representative democratic government.^ Un-
der direct democratic government, the voting population
decides directly, '• yes " or " no," questions relating to pub-
lic affairs. Under representative democratic government the
voters choose certain persons to represent them, and then
leave to these, their chosen Representatives, the decision of
public questions, and the direction and management of pub-
lic affairs. As the town is an example of direct democratic
government, so our city, county, and State governments, as
well as the government of the United States, are examples
very largely of representative democratic government, pub-
lic affairs under these governments being conducted mainly
by bodies of representatives chosen by the people. Thus,
the representative law-making body of the city is the Board
of Aldermen, of the county the Board of Supervisors, of the
State the State Legislature, of the United States the na-
tional Congress. This distinction between direct and repre-
sentative democratic government will be shown more fully
in examples given in later chapters of this book. Mean-
while it is well to remember that in no place do the people
of New York come into more direct relations with their
government than in the town meeting.

SUGGESTIVE QUESTIONS.

What officers have charge of public roads in your lo-
cality ?

^ Democratic comes from the Greek words, demos, the people, and
kraieo, to govern. Hence, democratic government means a government by
the people.

14 GOVERNMENT OF NEW YORK.

How is the money supplied for the care and maintenance
of such roads ?

Locate your town, with reference to other towns, and
describe its boundaries.

Describe the circumstances of the first settlement of your
town.

What is the town ?

What is a municipal corporation ?

What are town by-laws, and how are they made ?

What is a tax ?

How are town taxes voted ?

What would you say of a government that did not have
the power to tax ?

What is direct democratic government, and how does
it differ from representative democratic government.?

What services of government do you think are more im-
portant than the maintenance of roads ? What services less
important?

CHAPTER n.

Grovernment by Town Meeting.

Let us attend a town meeting held in one of the towns
of New York. Every town, we have learned, holds a regu-
lar town meeting once in two years, and special meetings
may be called at other times on petition of the taxpayers.
The biennial town meetings are held in odd-numbered
years, on some Tuesday in February, March or April,
or on the Tuesday after the first Monday in November.^
As we approach the town hall or other place where the
meeting is being held, we notice an unusual stir about the
building. Men are going in and coming out. Horses
and wagons stand waiting outside, for many of the voters
have driven considerable distances to attend the meeting.
Inside we meet with a crowd of townspeople — staid busi-
ness men, farmers bronzed and gray-bearded, bright young
fellows just reached twenty-one, the shrewd-faced country
lawyer, the doctor, the preacher and the schoolmaster.
Every wide-awake voter attends the town meeting.

At one end of the room, facing the people, sits a Justice

1 The latter date for town meetings is fixed in a few counties by special
State laws; in many others by order of the board of supervisors. The board
of supervisors of any county has power to fix the time for holding its biennial
town meetings on any day between February i and May i, inclusive, or on
the first Tuesday after the first Monday in November (General Election Day).
A town also may by vote change the date of its town meeting to General Elec-
tion Day. When the town meeting is held in connection with the General
Election, its deliberative features, as described in this chapter, are done away
with.

i6 GOVERNMENT OF NEW YORK.

of the Peace, the officer chosen to preside. Before him is
a row of ballot boxes. In charge of these are officers
known as Inspectors of Election. Near by is a row of
small booths or stalls with swinging doors, each just about
large enough to admit a man. Men are going in and com-
ing out of the booths, each with an official ballot, on
which are the names of fellow- towns men to be selected as
public officers of the town for the next two years or more.
The voters coming from the booths hand their ballots,
marked and folded, to an inspector of election. The in-
spector separates the "stub ends" and drops the ballots,
still folded, through a thin sHt in the top of the ballot box,
and the ballots fall among those already in the box. This
is the scene which has been going on in the town meeting
since sunrise.

Twelve o'clock noon comes. The presiding justice of
the peace now declares the meeting open for the discussion
of the business not to be decided by ballot. Any voter of
the town may now propose in open meeting any question
of interest to the townspeople, allowed by the law; the
voters present may debate it and decide it, " yes " or " no,"
by majority vote of the meeting ; and if adopted, it be-
comes one of the by-laws of the town. What are the
questions which the people may thus debate and decide in
the town meeting ?

Powers of a Biennial Town Meeting.— We find, laid
down in the laws of New York, that a biennial town meet-
ing, besides its power to select town officers, has these
additional powers :

Power to decide how many constables, not exceeding five, the town
may have ; to direct the prosecution or defense of lawsuits in which
the town is interested ; to pass by-laws for the destruction of noxious

GOVERNMENT BY TOWN MEETING, 17

weeds and animals in the town; to establish pounds or enclosures
where stray animals may be confined; to abate a public nuisance;
to make rules for the management of the public lands owned by the
town ; to make rules for ascertaining whether boundary fences are
properly built and kept ; to direct the raising of money for the sup-
port of poor people in the town who need assistance ; and finally,
a very broad power, described as "power to determine any other
question lawfully submitted." *

Any proposition relating to the carrying out of any of
these powers may be introduced by any lawful voter of the
town meeting, may be discussed, and decided, " yes '* or
** no," by majority vote of the meeting ; but no question
involving the spending of the town's public money may be
proposed after two o'clock in the afternoon, and any proposi-
tion to spend over ;^500 must be decided by ballot. The
Town Clerk acts as secretary during the discussions, record-
ing the result of each vote taken. The presiding justice
of the peace preserves order, and conducts the meeting
according to the rules of debate. When this deliberative
business is concluded, the meeting is again opened for the
election of public officers, and for the determination of
other questions to be decided by written or printed ballot.

Procedure in Case of Questions Decided by Written
or Printed Ballot. — Important propositions relating to a
town's public business are sometimes decided by written or
printed ballot, without previous debate in the town meeting.
In such a case the proposition is first submitted to the town
clerk, who has ballots prepared both for and against it.
The clerk causes notices of the proposition and the pro-
posed vote upon it, to be posted in conspicuous places at
least ten days before the meeting, so that every voter may

1 Laws of 1909, Chapter 63, constituting that part of the Consolidated Laws
called the " Town Law."

1 8 GOVERNMENT OF NEW YORK.

inform himself and come prepared to cast an intelligent
ballot.

Town Meeting a Very Old Form of Government. —
The principle underlying the town meeting — that of direct
local government by the people — .may be traced in the
practices of the earliest known ancestors of the English-
speaking people. More than half a century before the
Christian era the Roman general Julius Caesar found
the fair-haired Teutonic or German ancestors of the Eng-
lish, living in groups of related families, on the banks of the
Elbe, the Rhine, and the Weser, and along the borders of
the North Sea. These family groups moved each year from
place to place, taking with them their horses, cattle and
other possessions. The members of each group were
united by the tie of blood relationship, and each had its
head man or chief. Such a wandering family group is called
a clan. It is the first or primitive form of political organi-
zation among partially civilized people. Questions of inter-
est to the clan were decided by its fighting members ^ in
public meeting, much as questions are to-day decided by
the voters of a town meeting.

The Mark. — One hundred fifty years after Caesar, the

I " The earliest form of political union in the world is one which rests, not
upon territorial contiguity, but upon blood relationship, either real or as-
sumed," says Mr. John Fiske in American Political Ideas. The primitive
clan, existing as an enlarged kind of family, had its consultative or legisla-
tive body, which met for the discussion and decision of questions of interest
to the entire clan. This consultative or legislative body, according to Mr.
Herbert Spencer, was at first only a council of war. " Evidence coming
from many peoples in all times shows," says Spencer in his Political Insti-
tutions " that the consultative body is at the outset nothing more than a
council of war. It is in the open-air meeting of armed men that the cluster of
leaders is first seen performing that deliberative function in respect of military
measures, which is subsequently extended to other measures."

G O VERNMENT BY TO WN MEE TING. 19

Roman liistorian Tacitus wrote of our German ancestors.
The clan had then ceased to move from place to place.
Each group of related families had settled down in its own
village, on its own spot of cleared land in the forest, by
spring or running stream. About the village were the
flocks and herds and farms of the village community. Sur-
rounding such a farmer village was a thick-set hedge or
palisaded wall to protect it from its enemies ; and each
village, with its farms, was separated from neighboring
villages by a belt of waste or uncultivated land. This belt
was called a " mark," and the protecting hedge or wall
was called a " tun " (pronounced toon). In course of time
all within the mark, including the village itself, became
known as " the mark," " the tun," or " the town." Thus
arose the English words, " town " and " township." At first
the farm lands of such a village community were owned in
common, and once a year in early spring the freemen of the
town gathered in "tungemote" (town meeting) to parcel
out these common lands for cultivation. Here on a high
mound or under the spreading branches of a great tree, the
" tungemote " decided the customs of tillage and voted
"yes " or " no," on the question of admitting strangers to the
protection of the tun, and to a share of the common lands.*

1 For a complete account of the mark system, see Stubbs' Constitutional
History of England, Volume I., Sections 23, etc. Fiske says : « The Mark
community was a complete self-governing body. The assembly of the marks-
men, or members of the community, allotted lands for village cultivation,
determined the law, or declared the custom as to methods of tillage, fixed
the date for sowing and reaping, voted upon the admission of new families
into the village, and in general transacted what was regarded as the public
business of the community. In all essential respects this village assembly or
mark-mote would seem to have resembled the town meetings of Nevr
England."

20 GOVERNMENT OF NEW YORK.

The Town Meeting Carried into England. — The Ger-
man ancestors of the English crossed the North Sea to
Britain in the fifth and sixth centuries. On English soil
they planted the " tun " and set up the town meeting.
Here, as in the forests of ancient Germany, the freemen
met in "tungemote," passed "by-laws" for the ordering
of the town's public business, and chose a " reeve " or
head man, and a "tithingman," or petty constable.

Next, the land was divided into parishes, for managing
church affairs ; but soon town and church affairs came to
be managed in one meeting, -^.^ the "vestry meeting," — so
that the town was practically merged with the parish.
Soon, also, the land was parcelled out into great estates,
or manors, each owned by a lord ; but still the principle
of local self-government persisted to some extent, in a
meeting of the tenants called the Court Leet of the manor.

The Town Meeting in America. — When the Pilgrim
Fathers came to America in 1620 they brought with them
the principle of the town meeting. Before landing from
the Mayflozver^ they signed a written document which laid
down a plan for the government of the settlement which
they proposed to found. This document is sometimes
spoken of as the first written constitution adopted by the
people of America. Under it every freeman was to have a
voice and vote in the decision of public affairs. The Pil-
grims were one branch of the great body of religious re-
formers known as Puritans. Soon after the coming of the
Pilgrims great numbers of Puritans came to New England,
where they settled. They grouped themselves in villages
about the village church, each village surrounded by the
farms of the villagers, much as the ancestors of the English
had grouped themselves in the ancient German mark. Here

GOVERNMENT BY TOWN MEETING. 21

in its primitive simplicity was again set up the town and the
town meeting. All the grown men of a New England
township were expected to attend its annual town meeting,
held in the spring of the year, to pass by-laws and to elect
town officers.

The Town Meeting in New York. — The Dutch, who
settled New York, were descendants of the same Low-
German stock as the English. Holland, the home of the
Dutchmen, " early became an aggregate of towns, each pro-
viding for its own defense, administering its own finances
and governing itself by its own laws.^ The Dutch brought
the principle of the town meeting to " New Netherland," as
they called what is now New York ; and the Dutch settle-
ments on Long Island, and along the Hudson River, were
early given the privilege of choosing their own public offi-
cers and making by-laws for their own local government
" according to the customs and manners of Holland."^

In 1664 war between England and the Netherlands re-
sulted in New Netherland becoming an English province.
It passed into the hands of the English Duke of York and
became known thereafter as New York. Under English
rule town meetings were established in New York, at which
the landowners elected " a constable and eight overseers "
who acted as a local governing board for the town with
power to make town by-laws.' This form of government
was less democratic than in New England, where the town
officers simply carried out the wishes of the town meeting.
In the next chapter will be described town government as
we find it to-day in New York.

^^xoz.^^z.A\ History of New York.

' Elting's Dutch Village Communities on the Hudson River.

' Thwaites's Colonies. .

22 GOVERNMENT OF NEW YORK.

SUGGESTIVE QUESTIONS.

Where are town meetings held in your town ?

Are these meetings held in a single place for the town as
a whole, or are they held in the different election districts ?

What is the date of the next biennial town meeting in
your town ?

Who may vote at town meetings ?

What are some of the questions that may be decided by
the voters of a town meeting ?

What principle of government is common to the ancient
German clan, the German mark, the English parish, the
court leet of the manor, and the modern town meeting ?

In what way were the early town meetings of New Eng-
land more democratic than the first town meetings in New
York?

CHAPTER ni.

Town OfiBcers, Their Powers and Duties.

In the New York town meeting we saw the voters pass-
ing from the polling booths, each with an official ballot
marked and folded, to deposit it in the ballot box. Here
is the list of officers to be elected :

Town Officers. — One Supervisor, one Town Clerk, two
Assessors, one Collector, one or two Overseers of the Poor,
one Superintendent of Highways,^ not more than five
Constables, two Inspectors of Election for each election
district in town, two Justices of the Peace. Each is chosen
for a term of two years, except that the justices of the
peace and one assessor are chosen for four.^

These officers, except the justices of the peace, are known
as the town's Executive Officers, because they are chosen
to execute or carry out the will of the people as resolved in
town meeting, and to execute or enforce other town laws.
Besides these, two additional inspectors of election are ap-
pointed for each election district by the presiding officer of
the town meeting, from among the inspectors nominated by
the political party that cast votes next in number to the
party winning the election. And this brings us to the
question : How are the names of persons to be voted for
placed on the official ballot ?

iThe Superintendent of Highways may be appointed by the town board
if the town adopts that plan.

2 There are at any time three assessors for each town, one serving a two-
year term, one the first half of a four-year term, and one the last half of
a four-year term. In a few counties all three are elected for two-year terms.

23

24 GOVERNMENT OF NEW YORK.

Naming Candidates for Office. — In every town and city
of New York, there are, as we know, two or more political
parties — Republican, Democratic, Prohibition, Socialist,
etc., — whose members vote for public officers. The voters
of each party in a town meet before election day, at the
time and in the manner prescribed by State law, each
party in its own nominating convention or primary as-
sembly. In these meetings the voters choose the men
whom their party will support for public office at a coming
election. These " nominations," as they are called, are sent
to the officers whose duty it is to prepare the official bal-
lots, and the names are placed in separate party columns on
the ballot. There is also a column in which any voter may
write the name of any person for whom he wishes to vote,
though that person may not have been named by the con-
vention or primary assembly of any party. The voter takes
an official ballot, thus prepared, ^ into the voting booth, and
there indicates by a pencil mark the names of those for
whom he wishes to vote. The ballots thus marked are de-
posited in the ballot box, the nominee receiving the most
votes for a particular office being elected.

Town Executive Officers — The Supervisor. — The chief
executive officer of the town is the supervisor. This is a
comparatively modern office, the first supervisors in the
towns of New York having been elected under a State law
passed in 1703. The supervisor receives and pays out all
moneys raised for the public work of his town, except
moneys raised for highways and for the support of the poor.
Money for highways goes to the superintendent of high-
ways, and money for the support of the town poor to the
overseers of the poor. The supervisor, although elected
1 See Chapter XX., The Conduct of Elections, for specimen official ballot.

TOWN OFFICERS, THEIR POWERS AND DUTIES. 7.5

)y the people of the town, is a county as well as a town
officer ; and he represents his town in the law-making body
of the county known as the County Board of Supervisors.
This custom of representing the town in the county board
of supervisors may be traced to an old English custom of
sending the " reeve " or head man of each town, and " four
discreet men," to represent the English town in the polit-
ical gathering, known as the «' shire mote," (shire meeting)
the English shire corresponding to our county.

The Town Clerk. — The town clerk is a sort of general
clerk or secretary for the town. He keeps a record of the
public business transacted at town meetings, and has charge
of books and papers belonging to the town. Our modern
town clerk is a lineal descendant of the clerk elected by the
voters of the parish in the old English vestry meeting.

Superintendent of Highways. — The town superintend-
ent of highways has general charge of building and main-
taining roads and bridges in the town. Few things done
by the government are of greater importance, especially to
the farmer, who must haul heavy loads to market at various
seasons. Money for the town roads is supplied partly by
the State and partly by a tax levied by the town board
(p. 28) and collected like the general town tax.^

The State has built some State highways, and the State,
the county and the town have shared the cost of building
some county highways ; toward the cost of maintaining
these, the town pays a fixed sum for each mile of such
highways in the town. All roads must be built and re-

1 For every dollar of tax levied by the town for ordinary town roads, the
State contributes an amount varying from fifty cents to one dollar, depending
on the amount of taxable property per mile of roads in the town. Law of
1909, Chapter 30.

26 GOVERNMENT OF NEW YORK.

paired according to the methods prescribed by the State
highway commission. Under these provisions, the roads
throughout the State are being greatly improved. The
old earth road, "worked" each spring by the taxpayers'
own unskilled labor, was often impassable. It is being
gradually replaced by good roads of improved construc-
tion, over which heavier loads can be more easily drawn.

Overseers of the Poor. — Persons in town unable to care
and provide for themselves or who have no relatives to sup-
port them, are looked after by the overseers of the poor.
These officers may assist a poor person at his own home, or
send him to the County Poor House, to be provided for at
the expense of the town.

Constables. — The town constable, although his duties
are now comparatively humble, may boast of a famous de-
scent. The constable comes from an ancient German of-
ficer known as the " tithingman," who was responsible for
the good behavior of ten heads of families in the old Teu-
tonic division known as " The Hundred, " ^ a form of govern-
ment next above the German mark. In England the con-
stable was elected, sometimes by the townspeople, some-
times in the manor court, and sometimes in the vestry
meeting. His duties were to arrest criminals and to keep
the public peace. The New York constable carries out
the legal orders of the justices of the peace. On an order
from a magistrate he may arrest persons accused of crime,
or he may arrest suspected persons without such an order.
The name " constable " comes from two Latin words,
"comes stabuli," meaning a master of horse. It was

iThe Hundred was a political division between the town and the larger
tribal division corresponding to our county. The State of Delaware is to-day
divided into " Hundreds."

TOIVN OFFICERS, 7 HEIR POWERS AND DUTIES. 27

formerly applied by the kings of France to commanders of
the army. The name was introduced into England with the
Norman Conquest, and soon came to mean an officer who
supported the king in preserving the public peace.

Assessors and Collector. — The assessors fix, for pur-
poses of taxation, the value of each man's taxable property,
the amount of the tax which each individual taxpayer is to
pay being found by comparing the value of his taxable
property with the total value of the property in town sub-
ject to taxation. The collector collects each person's share
of the taxes, after it has been determined by the proper of-
ficers. ^

Inspectors of Election — Four inspectors of election pre-
side at each polling place ^ of the town meetings or other
public elections. They receive the official ballots from the
voters, place them in the ballot boxes, and count the bal-
lots at the close of election.

The Justice of the Peace The justice of the peace is

the town's judicial officer, and each town has four justices
elected for terms of four years each. The justice of the
peace hears and determines suits at law, where the sum sued
for does not exceed ^200, and he tries persons accused of
petty offenses. He issues warrants ^ for the arrest of persons
suspected of crime, and though he may not try persons for
grave offenses, such as murder and burglary, he may ex-
amine them when arrested and brought before him, and send
them to jail till they can be tried by the higher courts. A
justice of the peace may order a constable to summon be-

1 See Chap. XIX., Assessment and Collection of Taxes.
' A town meeting may sometimes be divided, the voters of each part of the
meeting casting their ballots at separate polling places.
* See Chap. XVI., How Criminals are Brought to Justice,

28 GOVERNMENT OF NEW YORK.

fore him twelve citizens of the town, who are property
owners, from among whom six may be drawn as a Justice's
Jury, to aid in determining the facts in suits tried before the
justice. The office of justice of the peace may be traced
to an old English officer known as Conservator of the
Peace whose duty it was to afford protection against unlaw-
ful force and violence, common during many periods of
early English history.

The Town Board. — Nearly all officers of the town re-
ceive and pay out town money in the discharge of their
public duties. They account for this money before what is
known as the town board. This is composed of the su-
pervisor, town clerk, and justices of the peace, or any two
of the justices. Any person having a claim against the
town may present it to the town board, which may allow
or reject it. Appeals from decisions of the town board
may be taken to the county board of supervisors, which
has power to reverse the decision of the town board. A
town may elect three Auditors to examine the accounts of
its officers, instead of having them examined by the town
board.

Pay of Town Officers. — Most of the town officers above
described are paid from two dollars to six dollars a day for
each day of actual service to the town. Justices of the
peace, town clerks, and constables are also paid for certain
services in fees fixed by State law.

Three Departments of Government. — In our study of
the town we have seen that its public work is of three quite
distinct and separate kinds — first, the making of the town
by-laws by the voters assembled in town meeting ; second,
the carrying out or executing of the laws by executive
officers elected at the biennial town meeting ; and, third, the

M TOW A
l^rork of 11

TOIVN OFFICERS, THEIR POWERS AND DUTIES. 29

^ork of judging criminals and trying civil suits at law, per-
formed by justices of the peace. These three kinds of work
are known respectively as legislative or lawmaking, execu-
tive or law-enforcing, and judicial ; and as we study the gov-
ernments of city, county, and State, and the government of
the United States, we shall find these three departments —
legislative, executive, and judicial — running through them
all.

The Town and the State. — ^Thus far we have spoken
almost entirely of the town as a self-governing political
unit, whose people make their own laws, and enforce them
by officers of their own choosing. We have seen, however,
that the town is a part of the county, and that county
officers may in some instances interfere in town matters.
We shall also see that the State government is superior to
both town and county. Our New York town meetings are
conducted in strict accordance with a plan laid down by the
law of the State, while the powers and duties of town
officers are fixed by State law. The State, while it leaves
to the people of each town, large freedom in managing
their own local public affairs, thus provides a uniform plan
of government for all the towns.

Paramount Importance of Local Government. — This
local self-government of town and county under the State
law, gives at once stability and elasticity to our institutions.
It permits freedom of action and self-help in every locality,
and at the same time gives strength and uniformity through-
out the State. While it is important to have a State gov-
ernment strong enough to defend the people from public
enemies, and able to maintain justice, it is supremely im-
portant that all possible freedom be allowed the people in
the management of their local affairs, such as is provided in

30 GOVERNMENT OF NEW YORK.

the government of the town meeting. In this meeting the
people come face to face with questions concerning their
personal and financial interests. They examine, discuss,
and decide these questions largely for themselves. Before
they vote money for public improvements they must know
where it is coming from, and that ultimately it will come out
of their own pockets. They learn prudence as they de-
velop strength in self-government. In the government of
their own town they tend to acquire the skill and knowledge
necessary to govern the State and the nation, and if need
be, to extend our sway over foreign peoples in distant col-
onies.

Things to Remember. — In our study of the town and its
government we should remember :

1 . That the town is a municipal corporation or body
politic, having many powers of self-government conferred
upon it by State law ;

2. That the town is a subdivision of the county for pur-
poses of county government, the supervisor of the town
being its representative in the county board of super-
visors ;

3. That the town by-laws are made by the voters of the
town assembled in town meeting ; that they are enforced by
the town's executive officers — supervisor, town clerk, con-
stable, etc. ; that the justice of the peace is the judicial
officer of the town ; that these three departments of govern-
ment— legislative, executive and judicial — extend through-
out our county, city. State, and national governments ;

4. That the town meeting, representing the primary as-
sembly of freemen, is the oldest form of government known
to the ancestors of the English-speaking people ; appearing
at different times as the assembly of the clan, the mark, the

^m TO pvj\

TOPVJV OFFICERS, THEIR POWERS AND DUTIES. 31

"parish and the manor ; and that this gathering of the free-
men in mark-mote, vestry meeting, manor court, and town
meeting, where by majority vote of " yes " and " no," they
order the pubhc affairs, is our nearest approach to that
direct democratic government described by President Lin-
coln as " a government of the people, by the people and for
the people."

SUGGESTIVE QUESTIONS.

What officers are elected at a biennial town meeting?
For what terms of office ?

Describe the official ballot voted at town meeting.

How are the names of candidates for town officers placed
on the official ballot?

What officers constitute the town's executive officers?
Why are they so called ?

Of what county law-making body is the town supervisor a
member ?

Describe the duties of the town clerk, highway super-
intendent, overseers of the poor, constables, assessors,
inspectors of election, town board.

The justice of the peace is called the town's judicial
officer. What does that mean }

Describe some good roads ; some bad roads.

ADDITIONAL READING.

For a comparison of different kinds of township government in
the United States, including the New York town, see Bryce's Amer-
ican Commonwealth, Volume I., Chapter XLVIII. On the origin
of the township, read The Germanic Origin of New England Towns,
by Herbert B, Adams, in Volume I. of the Johns Hopkins University
Studies in Historical and Political Science ; also "The Township,"

32 GOVERNMENT OF NEW YORK.

in Howard's Local Constitutional History of the United States, in
the same series. For an account of the transfer of the German mark
government to Enghsh soil, and the development therefrom of the
English parish and the English manor, see Hannis Taylor's Origin
and Growth of the English Constitution, Part I ; also Stubbs's Con-
stitutional History of England, Volume I., Sections 20 to 45. For a
picturesque description of the mark system of government as it ap-
pears in modern times in the smaller Swiss Cantons, see Freeman's
Growth of the English Constitution From the Earliest Times, Chapter I.

CHAPTER IV.
The Village and its Government.

As we drive along a road in the country, a sudden turn
of the road, or an opening in the trees ahead of us, will
sometimes show us, all at once, as if set in the frame of a
picture, the roofs and walls of half a hundred cottages,
rising from the masses of green foliage surrounding them ;
while from the center of the clustering mass a church spire
points its sharp finger skyward. As we go nearer, paved
or wooden sidewalks replace the footpath along the road.
We see a store or two, a blacksmith's shop, a shoemaker's
sign, a post office, a schoolhouse and a mill. Perhaps there
is a factory with rows of staring windows and rumbling
machinery. Such a spot of busy hfe, set among green
fields and surrounded by farms and rural scenery, we call a
village. It may have grown up near a waterfall or rapids
that afforded water power, or on the banks of a navigable
river or lake, or on a railroad or canal ; or it may have
none of these advantages. There is always some reason for
the location of a village, however. If you live in or near
a village, you should find why it was located where it is.

Such a village may or may not have its own local govern-
ment distinct from the government of the town in which it
has grown up. If it is a village with a population of at least
200 persons, all living within a square mile,^ its people may,
under the law of the State, vote to form themselves into a
distinct municipal corporation, with a village government.

^ Or occupying a whole town ; Laws of 1909, Chapter 64. Qiapter 258 of
the Laws of 19 10 makes the minimum population 50 under certain conditions.

32

34 GOVERNMENT OF NEW YORK,

Why a Separate Village Government. — Why should
the people of such a village wish a government independent
of the town government under which they live ? Because
in a village sidewalks and curbs must be built, streets must
be macadamized or paved and kept clean, refuse must be
removed, street lamps must be erected and lighted, water-
works and sewers must be established, a fire engine must
be provided, special rules must be enforced to preserve the
public health, policemen must b,e employed and paid, and
many other common public wants must be supplied, which
are not demanded by the people in the sparsely settled
farming districts of the town.^ It would not be just to ask
the farmers of the town to help pay for the street lamps
and waterworks of the village ; and it would not be right for
these farmers to interfere in matters which concern the
villagers alone. So a village government is set up within
the town, but separate from it, to do the pubUc business of
the village.

The Village Still a Part of the Town.— Such a sepa-
rate village government does not, however, exempt the
village people from the operations of the government of the
town in which the village is situated. The village is still a
part of the town for town purposes, and the villagers must
join with the farmers of the town, and with the residents
of other villages, in attending town meeting, and in electing
a supervisor, town clerk, and other town officers.

Plan of Village Government.— As the State law lays
down the general plan for the government of the town, so it
lays down the general plan of village government ; but the
State leaves to the people of the village, as it leaves to the

1 The demand for graded and higher schools is often met by the formation
of a union free school district. See Chapter XVIII., "The Public Schools."

THE VILLAGE AND ITS GOVERNMENT. 35

people of the town, the actual management and carrying on
of their own local government.^ The State permits the
people of the village to make local by-laws or ordinances
to regulate the conduct of persons within the village, as it
permits the town meeting to make by-laws for the govern-
ment of the town. The village, like the town, also elects
its own village officers to enforce its by-laws.

The Village Charter. — In former times, when the
people of a certain territory had voted to incorporate them-
selves into a village and had decided upon its boundaries
and the details of its government, they took the plan to the
State legislature at Albany, and asked that it be enacted
into law. If the legislature considered the plan for the
proposed village and its government satisfactory, the plan
was enacted into law, and became the Village Charter.
Special village charters thus formed still occupy many
pages in the statute books of the State, and they may be
as carefully drawn and as elaborate as the State Constitu-
tion. The following paragraphs refer especially to villages
organized under the general State law which serves as the
charter for many villages.

Four Classes of Villages. — The State law divides vil-
lages into four classes, as follows : First class, villages with
a population of 5,000 and over; second, population be-
tween 3,000 and 5,000; third, population between 1,000
and 3,000; fourth, population less than 1,000. There are

1 Article XII., section i, of the New York State Constitution says: "It
shall be the duty of the Legislature to provide for the organization of cities
and incorporated villages, to restrict their power of taxation, assessment,
borrowing money, contracting debts and loaning their credit, so as to prevent
abuses in assessments and in contracting debt by such municipal corpora-
tions." Under this rule the Legislature has provided a general plan of gov-
ernment for the villages of the State.

•36 GOVERNMENT OF NEW YORK.

different State laws governing the villages of each particular
class, although each separate village, as before said, makes
its own local by-laws or village ordinances.

The Village Trustees. — The village by-laws are made
by a body of officers called the village board of trustees.
A village trustee must own a house, land or other prop-
erty, on which taxes are paid to carry on the village gov-
ernment ; and the State law requires every village to have
at least two trustees. Villages of the fourth or third class
may have as many as four ; second class, six ; first class,
eight. The village trustees have the management of any
public property belonging to the village, such as the village
lock-up, fire engines and engine houses, or the village
waterworks. They also have control of its public money.
Village trustees serve without pay. They are elected — one
half the board each year — at the Annual Village Election,
which takes place on the third Tuesday in March or the
third Tuesday in June.^ The right to vote for village offi-
cers is given to male residents of the village who have the
usual qualifications of voters (p. 135).

Powers of the Board of Trustees. — Among the powers
given by State law to the village board of trustees are the
following :

Power to establish a village lockup, pound, clock, scales, and
market ; to establish village fire limits, name streets, employ a village
attorney, construct drains and regulate water courses, establish and
regulate the village water supply, and provide lights ; and the trus-
tees, as a board, have all the powers of separate boards of fire, water,
light, sewer, and cemetery commissioners,^ if the village have no such

1 Unless a town meeting in which the villagers take part is held on that
day; in such case the village election is held the day after. A separate date
is provided for the village election, so that village affairs may not be unduly
influenced by town affairs, or by State or national politics.

THE VILLAGE AND ITS GOVERNMENT. 37

sqjarate boards.^ The trustees may make ordinances for the pres-
ervation of peace and order in the streets and public places of the
village, regulate public amusements, regulate the speed of locomotives
and cars at street crossings, subject to the State railroad law ; regu-
late the use and sale of fireworks, inflammable materials, and gunpow-
der, and may issue certain uniform licenses. The board holds an
annual meeting on the Monday following the annual village election.
A majority, including the village president, constitute a quorum to
do business. Laws made by the board are known as village ordi-
nances.

The Village President. — The village president is the
chief executive officer of the village. He is elected at the
village election, and he holds office for one year. He acts
as president of the village board of trustees, and has a vote
in that body. He is the head of the village police force,
and he must see that all by-laws and resolutions of the vil-
lage boards are carried out. He may sue in the name
of the village for any penalties due it. He serves without
pay, and must own property paying taxes to the village.^

Other Executive Officers. — Other executive officers of
the village are Treasurer, Collector, Assessors, Clerk, Street
Commissioner, and Village Engineer. The first three are
elected by the voters and serve for one year ; the others
may be appointed by the board, or the clerk and street
commissioner may be elected. Every village must have a
Board of Health of from three to seven members, appointed
by the trustees. This board elects a Health Officer, who
must be a physician. The board takes measures to do

^ Such separate boards usually consist of three commissioners each, ap-
pointed by the trustees. Or a " municipal board " of three or five com-
missioners may be appointed to exercise the powers of all such boards.

2 In villages of over 14,000 population, however, the president holds office
two years, is salaried, and the voters may establish a separate board of police
commissioners.

38 GOVERNMENT OE NEW YORK.

away with public nuisances, such as open drains and cess-
pools, and makes regulations to prevent the introduction
and spread of disease. The village treasurer receives and
handles the public moneys of the village raised by taxation
and otherwise. The village clerk has charge of the public
documents and records of the village and of its corporation
seal. He also acts as clerk of the village board of trustees.
The village street commissioner has, under the direction of
the village trustees, the general care and supervision of the
public streets,^ parks, walks, culverts and wells of the vil-
lage. The compensation and power of all these officers are
largely fixed by the village board of trustees.

The Village Police Court. — A Police Justice may be
elected every four years by the voters of a village. Persons
charged with offenses against the village ordinances are
brought before the police justice, tried and sentenced. The
police justice, like a justice of the peace, may also com-
mand the arrest of criminals ; and he may hold a Court of
Special Sessions for the trial of misdemeanors committed
in the village.

Special Village Elections. — A special village election,
similar to a town meeting, may be held, whenever a question
of interest to the villagers is to be decided, or such a question
may be decided at the regular election. At such elections
each proposition must be voted upon by ballot, and no per-
son may vote on a proposition, unless he owns property
paying taxes to the village.^ Thus the village taxpayers

^ The cost of pavement, curbs, sidewalks, or a sewer on a street is paid
sometimes by the property owners on the street, sometimes by the village, and
sometimes partly by each.

2 Women taxpayers may vote on a village proposition, af m possession of
the other qualifications of voters.

THE VILLAGE AND ITS GOVERNMENT. 39

decide such questions as, " Shall garbage, or ashes, or both,
be removed from the buildings in the village at public ex-
pense?" " Shall the village establish or purchase a sys-
tem of waterworks ? " " Shall it put in electric lights ? "
" Shall it have a separate board of water commissioners ? "

Important Questions. — Among the most important
problems likely to arise in any village, is the question
whether waterworks or a lighting plant (gas or electric
light) should be owned by the village corporation.

What are the advantages of private ownership as com-
pared with public ownership? Business enterprises are
usually conducted more economically and efficiently when
under the control of an individual or a private company,
than when under the control of public officials. PoUtical
pressure is often brought to bear on pubhc officers, so as
to increase the cost of building and operating public works.
Government employees usually receive higher wages than
company employees, and sometimes use their influence as
voters to have their wages raised still higher.

What are the advantages of public ownership ? Capital
for the construction of public enterprises can be borrowed
at a lower rate of interest than for private enterprises. A
village or city government is under strong influence to
charge private consumers of water and light as low rates
as possible, and has little temptation to do otherwise ; while
a private company naturally desires large profits from the
business, so that the economies of private management tend
to increase profits instead of lowering rates. Because of
the lower interest charges to be met, it is possible for an
honest and efficient village or city government to supply
water and light, both for the public streets and for private
consumption, at lower rates than a private company can.

40 GOVERNMENT OF NEW YORK.

Moreover, one of the strongest arguments for municipal
ownership is that it would put an end to a powerful cor-
rupting influence — that of rich private companies intent
upon securing special favors from public officers.

An increasing number of villages and cities in this coun-
try are building or buying their waterworks and electric-
lighting plants, especially the former. The cost of such
undertakings is usually met by issuing bonds payable in
thirty years. ^ When a franchise is granted to a private-
company its terms should be carefully discussed, and the
interests of the village should be properly safeguarded. It
is no uncommon thing for a village or city to pay large sums
to buy back a too liberal franchise that was recklessly or
dishonestly given away in the first place.

An adequate water supply is needed partly for use in
putting out fires. In most villages large enough to have
any fire apparatus, companies of volunteer firemen are
organized to operate it. In villages of the first or second
class, however, a few paid firemen may be employed.

Things to Remember. — The village, like the town, may
be organized as a municipal corporation, with its village
government independent of town government; but the
people of such a village are still a part of their town and
subject to town government.

The village lawmakers are its president and board of
trustees. The president is also the chief executive officer
of the village. The village police justice is its judicial
officer, though any justice of the peace of the town in
which a village is located, may exercise his powers in the
village.

1 Often the cost of construction and operation may be reduced by combin-
ing the waterworks and lighting plant under one management.

THE VILLAGE AND ITS GOVERNMENT. 41

Special village elections, similar to town meetings, may
be held in a village to decide, " yes " or " no," by vote of
its taxpayers, questions ot interest to the village.

SUGGESTIVE QUESTIONS.

Why does a village need a government independent of
the government of the town in which it is situated ?

What are village ordinances ? By whom are they made ?

Tell how a village may obtain a charter form of govern-
ment.

What name is given to a member of the village legislative
body ?

Name some of the powers of the village board of trus-
tees.

What is the chief executive officer in a village govern-
ment ?

What judicial officer in the village government corre-
sponds to the justice of the peace in the town government ?

Name some purposes for which a special village election
may be held. Who may vote at such elections ? What
distinction is made between the voters at a special village
election, and those who may vote for village officers }

To what class does your village belong .? Is it organized
under the general law or under a special charter .? What
natural advantages or conditions caused the growth of
your village ?

Does your village have public or private waterworks }
A pubHc or a private lighting plant ? Answer these ques-
tions also for other near-by villages. How do the water
and light rates in your village compare with those in others.?

CHAPTER V.

The Government of Cities.

A CITY is a village grown large, and all that has been said
of the need and value of a separate government for the in-
corporated village, applies with even greater force to the
city. The village contains a few hundreds or thousands of
people with common public interests, but the city has a pop-
ulation of tens or hundreds of thousands, and has highly
organized and complex public activities. The few hundred
rods of sidewalk and roads in the village, become miles of
sidewalk and paved streets in the city, traversed by horse
and electric railroads, honeycombed with sewers and gas
pipes, crossed and lined by thousands of telegraph and tele-
phone connections, and studded with a forest of street lamps.
The village needs a constable or two to keep the peace ; but
the city must have its trained and disciplined police army,
with detective bureau, station houses, patrol wagons and
city prison. 1 The village spends a few thousands of dollars
to bring pure water from near-by springs into its streets and
houses ; but the city must spend hundreds of thousands,
perhaps millions, on its system of waterworks. It must
have costly aqueducts and water stations, and employ a
corps of trained engineers. The village may have its single
fire engine and volunteer fire company ; but the city must
have a paid fire department, with perhaps hundreds of sig-
nal stations and dozens of engines. A city may have its
street-cleaning department, its charities department, its park

1 The police help to enforce a vast number of laws and city ordinances;
patrol the city night and day to prevent crime and to protect life and property;
guard street crossings to regulate traffic and prevent accidents ; attend large
meetings to keep order; and have many special duties,

42

THE GOVERNMENT OF CITIES. 43

department, its department of law, arid its department of
finance — all under competent and well-paid ofificers.

Special Forms of City Government. — To do the vast and
complicated public work of a city requires a special form of
government, depending on the size and location of the city.
But though differing in detail, the general plan of govern-
ment for cities is much the same throughout the State.
Each city, like each town and incorporated village, is a
municipal corporation having its own local legislative, exec-
utive, and judicial ofificers ; each makes and enforces its own
local by-laws or city ordinances, as they are called ; and each
is dependent upon the State for its particular form of mu-
nicipal government.

City Charters. — Up to within a comparatively recent
time there have been few general State laws for the govern-
ment of cities in New York ; but each village, as it became
large enough to feel the need of a city government, has
framed a special plan of government for itself, and applied
to the State legislature to have it enacted into law. Such
a plan of city government, defining the powers and duties
of city officers, is called a charter. Changes in it are made,
when necessary, by act of the State legislature.

Ancient Charters. — The practice of giving special char-
ters to particular cities by the governing power in the state,
is a very old one ; and many rights and liberties which the
people now enjoy have come down to us through this cus-
tom. In very early times the kings of England and other
European countries had almost unlimited power over the
people living on the great estates and in the cities of their
realms. The king parcelled out the land to his chief war-
riors and nobles, who lived in great fortified castles, and
were bound to serve him and fight for him, and to furnish

44 GOVERNMENT OF NEW YORK.

soldiers for the king's army in payment for the use of their
lands. As cities increased in size and men began to turn
their attention from fighting and farming to trading and
manufacturing, it became customary for the people of a city,
when called upon to furnish soldiers for the army of the
king or their overlord, to pay instead a sum of money.
This custom gradually grew into the plan of paying an an-
nual rent to the king or lord. But it sometimes happened
that the king or lord of a city wanted more money than its
customary rent. At such times the city might pay the
money demanded, on condition that its lord give it some
privilege or right of self-government, such, for example, as
the right to have a city court with a judge chosen by the
people, instead of appointed by the lord. The rights thus
given at different times to a city were preserved, and to-
gether formed its charter, which its king or lord could not
lawfully violate. The great city of London, thus obtained
in the year I lOi from King Henry I. of England the right
to elect its own chief magistrate and sheriff.

Origin of the English Boroughs At its beginning the

English city was little more than an ordinary Enghsh town-
ship more thickly populated than usual. Such towns grew
up at the mouths of rivers, on bays or arms of the sea, or
at the meeting of highways where the people gathered for
manufacture or trade. As such a town increased in popula-
tion, and its inhabitants became wealthy, a high and thick
stone wall, with heavy gates and towers that could be de-
fended against bands of robbers or other enemies, took the
place of the original hedge or protecting " tun." The town
was now called a " burh " or borough, which means a fortified
place. Within the walled borough, government went on
much as in the ordinary town. The free townspeople or

THE GOVERNMENT OF CITIES. 45

« burghers " met in " borough mote "( borough meeting),
chose a head man or ** borough reeve," and made by-laws
for the government of the borough. Sometimes the bor-
ough was composed of several closely united towns or par-
ishes, in which case its government had features somewhat
like the government of the English shire or county, the
borough having its " shire reeve," or sheriff, appointed by
the king. The free burghers united in guilds or companies
of weavers, dyers, armorers, gold beaters, merchants, etc.;
and each guild, as a rule, occupied a different part of the
town. Each sent its own head man, or " aeldorman " (alder-
man), chosen by its members to a common city meeting
or council ; though in some cities the merchant guild seems
to have been the governing body. When the people of a
borough had purchased or otherwise received the right of
self-government, a Mayor chosen by the people took the
place of the sheriff formerly appointed by the king, and the
borough community became a municipal corporation, quite
like our modern cities, with full power to regulate its own local
affairs and to make by-laws for its own local government.^

City Government in the Netherlands. — In much the
same way as in England, city government grew up in the
Netherlands, from which came the Dutch, who first settled
New York. Dutch towns grew into walled cities having
charters purchased from their counts or lords, giving the
townspeople the right to levy their own taxes, elect their
own magistrates, and make their own laws.^ The cities of

1 Hannis Taylor, Origin and Growth of the English Constitution.

2 The oldest known city charter is dated a. d. 1217, and may still be seen
in the town hall in Middleburg. It was given by William I., Count of
Holland, and Joanna, Countess of Flanders, and declares that "To all
Middleburgers one kind of law is granted."

46 GOVERNMENT OF NEW YORK.

New Netherland, as New York was called, were governed
in much the same manner, though not at first with the same
popular liberty, as the cities of Holland. In New Amster-
dam (the Dutch name given to the present city of New York)
there were elected as early as 1652, a schout, two burgo-
masters, and five schepens, to act as a local court, and to per-
form some of the functions of a legislative body.^ Later,
the English substituted a mayor and a Board of Aldermen
for the Dutch schout, burgomasters and schepens.

Three Classes of Cities. — In the United States cities
are organized under charters granted by the State legisla-
tures, or under general State laws.^ Cities of New York

1 Similar powers were given in a charter granted in 1674 to New Orange
(now Albany). The word " schout," or " schoudt," is said to be an abbrevia-
tion of the Dutch "schuld-rechter," or righter of crimes. The schout, both
in Holland and in New Netherland, performed duties somewhat analogous to
those of our modern sheriff and district attorney. See Broadhead's History
of the State of New York; Holland Docmnents^ Volume I., page 621 ; The
Documentary History of New York, Volume I., Part XXL, " Papers Relating
to the City of New York," pages 598, etc. See also Elting's Dutch Village
Communities on the Hudson River.

2 The development of the city is a subject of peculiar interest for the stu-
dent of civics. The first cities were originally unions of tribes that had ceased
wandering and had settled down about a common altar and a common citadel
of defense. Such a city was the first form of the state. The early Greek or
Roman city-state had a king who was, at the same time, the high priest.
Later we find other officers, besides a Senate or council of the " fathers " repre-
senting the confederated tribes. A meeting of all the people was often held
to approve matters previously agreed upon by the chief magistrate and senate.
In Italy, Rome gradually conquered the other city-states, which, upon acknowl-
edging Roman supremacy, generally retained to a considerable extent their
own local independent government and were known as municipia.

During the Middle Ages, as we have seen, the cities became centers of
trade and independent political action. Guild schools were established in
them for the education of the children of the guild members, and later
developed into public schools supported in many cases largely by the munici-
pal authorities. In Italy leading cities, like Genoa, Venice, Florence, and
Milan, acquired complete political independence. Venice was ruled by a

THE GOVERNMENT OF CITIES. 47

are now divided into three classes. Cities of the first class
have a population of 175,000 and over; second class, a
population between 175,000 and 50,000; while cities of the
third class include all others. The following outline of
government applies generally to all cities of the State.

City Governnient — The Board of Aldermen. — A city
is usually divided for convenience in administering the laws,
into local subdivisions called Wards ; and each ward may
send its own representative, alderman, or councilman, to
the Board of Aldermen or Common Council, which is the
city's law making or legislative body. Sometimes, however,
the entire board of aldermen or common council is elected
on one general ballot, by the voters of the entire city. Some
cities elect an alderman or councilman from each ward
with a certain number of aldermen-at-large, the latter being
voted for by the voters of tlie entire city. Aldermen, in
common with all elective city officers (except in cities of the
third class) are elected at the time of the General State
Election of an odd-numbered year,^ and they hold office for

doge elected at first by the common people and afterwards by a Great Council,
membership in which became hereditary. In all these cities the workmen
organized in guilds and struggled with the nobles for the control of the city.
During the thirteenth century, some ninety towns of northwestern Europe,
largely independent, united in the Hanseatic League (" Hansa," meaning trade
guild) for the purpose of checking disorder and of keeping open the roads
for trade.

At the present day the problem of city government is one of great and
growing importance. In 1790 the ratio of urban population in the United
States to the total population was 3.4 per cent. In 1900 the urban population
had increased to 31.1 per cent.

^ Laws of 1909, Chapter 55. State officials are elected in the even-num-
bered years. The purpose of the law requiring different dates for State and
city elections is to keep State and city politics independent of each other, so
that a citizen may vote freely and intelHgently in a city election without
being influenced by his desire to support a particular party in the State.

48 GOVERNMENT OF NEW YORK.

two years. The powers exercised by the board of alder-
men or common council are somewhat similar to those of
the board of trustees in the village, and to the town meet-
ing in the town. The board of aldermen may make by-
laws or ordinances for the general local government of the
city, including its streets, sewers, docks and public build-
ings. They may grant local franchises or licenses for the
regulation of particular trades and kinds of business. They
may fix the tax rate for local purposes, not exceeding the
limits fixed by State law, and they may vote money from
the city treasury for the conduct of the public business.

The Mayor. — The mayor is the city's chief executive
officer. He is elected by the voters of the entire city. It is
his duty to enforce the by-laws or ordinances enacted by the
board of aldermen, and to preserve the peace of the city.
He has control of the city's police force, and he may call
out any regiment of State militia located in the city, to sup-
press riots or other disorders. In some cities the mayor is a
member of the common council and presides at its meet-
ings, and in all cities the mayor has what is called a Veto
over acts or ordinances passed by the common council.
" Veto " comes from the Latin and means " to forbid " ; and
the mayor exercises his veto by forbidding or failing to
approve of a measure passed by the common council. An
act of the council " vetoed " by the mayor fails to become
law, unless the council repasses it by a two-thirds affirma-
tive vote. This is called " passing a bill over the mayor's
veto." Such acts become the law without the mayor's con-
sent. The mayor may appoint and remove many officials
and heads of departments in the city government, but in
exercising this power he is subject to the State •' Civil
Service laws," which declare that all appointments and

THE GOVERNMENT OF CITIES. 49

promotions in the civil service (that is, in the public service
outside the army and navy), " shall be made according
to merit and fitness, to be ascertained so far as practicable,
by examinations, which so far as practicable shall be com-
petitive." ^

Other Executive Officers of the City. — Associated with
the mayor in the executive work of the city, some appointed
and some elected by the people, are such officers as City
Treasurer, Assessors, Tax Collectors, City Auditors, City
Attorney or Corporation Counsel, Street Commissioners,
Superintendent of Schools, Park Commissioners, Civil Serv-
ice Commissioners, etc., each with his special part of the
public service to superintend or perform.

City Courts. — Each city in the State has its own local
court or courts. Some of the city courts try only criminal
cases, some try civil suits at law, and some try both kinds
of cases. Most of the city courts have jurisdiction limited
to cases of small importance, and are inferior to the county
and State courts. An important and growing reform in
our largest cities is the establishment of juvenile courts,
where children's cases can be tried without bringing the
youthful offenders into contact with hardened criminals.
The world is coming to look upon criminals as people to be
reformed rather than punished; and this is especially pos-
sible with the young. Offenders sentenced by city courts
are usually confined in prisons, reformatories, or jails con-
ducted by the State or the county ; but some cities have
special penal institutions of their own.

Special Laws Affecting Cities. — To give the people
of a city an opportunity to express themselves freely for or
against measures proposed by the State lawmakers, which

1 New York State Constitution, Article V., Section 9.

so GOVERNMENT OF NEW YORK.

apply specially to their city, there was placed in the last
revision (1894) of the State Constitution, a section^ which
provides that the legislature may not enact a special law
applying to a particular city, without first sending a copy
of the proposed law to the city, and giving the people a
chance to be heard for or against it. In cities of the first
class, the mayor — in others the mayor and common coun-
cil— may accept or reject such a proposed law, and return
it within fifteen days to the legislature, or to the governor
of the State if the legislature has adjourned. A proposed
law thus rejected by a city, or not returned within the speci-
fied fifteen days, may be passed by the legislature, if in
session, and signed by the governor, as though it had been
accepted by the city. If, however, the legislature adjourn
before the expiration of the fifteen days, and the proposed
law is returned within that time as accepted by the city,
the governor may act upon it as in the case of other pro-
posed laws passed by the legislature; but if after the
adjournment of the legislature the proposed law is not re-
turned, or is returned as rejected, it fails to become a law.

Limitation of City Indebtedness. — ^To protect the prop-
erty owners from a wasteful and careless expenditure of the
public money, the State Constitution declares that no city,
county, town, or village, may incur any indebtedness except
for strictly public or municipal purposes. No county or
city may go into debt in excess of ten per cent, of the
assessed valuation of the houses and lands which pay taxes
within its borders ; and the amount to be raised by tax for
county or city purposes in any county containing a city of
over 100,000 inhabitants, or in any such city, cannot in any
one year exceed two per cent, of the assessed valuation of

1 New York State Constitution, Article XII., Section 2.

THE GOVERNMENT OF CITIES. 51

its taxable property, aside from the amount to be raised
for paying the principal and interest on its existing debt.
Whenever the boundaries of a city become the same as
those of a county, the county can go no further into debt,
but the existing county debt is not included as a part of
the city debt^

Government in Cities of the Second Class. — Govern-
ment in cities of the second class is carried on by a common
council, mayor, and the following departments : Depart-
ment of Finance, Department of Public Works, Department
of Contract and Supply, Department of Public Safety,
Department of Public Instruction, Department of Assess-
ment and Taxation, Department of Charities, Judiciary
Department, and Department of Law.

The common council has authority to enact any ordi-
nance not inconsistent with the laws of the State for the
government of the city and the management of its business,
for the preservation of good order, peace and health, for the
safety and welfare of its inhabitants and the protection and
security of their property. The mayor must call the heads
of the different departments together for consultation on
the affairs of the city at least twelve times a year. A
police justice is elected by the people for a term of six
years. Other officers elected are Comptroller, Treasurer,
President of the Common Council, four Assessors from the
city at large, and one alderman and one supervisor from
each ward. The mayor appoints a Corporation Counsel,
City Engineer, Commissioner of Public Works, Commis-
sioner of Public Safety, Commissioner of Charities, and a
Sealer of Weights and Measures. The mayor, comptroller,
corporation counsel, president of the common council and

1 New York State Constitution, Article VIII., Section 10.

52 GOVERNMENT OF NEW YORK.

the city engineer constitute a board of estimate and ap-
portionment, with partial control over the city's finances.

Government in Other Cities. — The government of New
York, our largest city, is described in the next chapter.
In a first-class city there are more officers, and in a third
class city, fewer, than in cities of the second class. There
are many arguments in favor of a radically new plan of
city government, called the commission plan, which origi-
nated in Galveston, Texas, and has since been adopted in
more than sixty other cities.^ This plan abolishes the sepa-
rate legislative and executive branches of city government,
and confers all such powers upon an elected commission,
usually of five members, who act as heads of as many
executive departments, and together act as the city legisla-
ture, with full powers of appointment, removal and com-
pensation of all minor city officers. This plan concentrates
power in so few hands that the people are able to fix the
responsibility for good or bad government.^

Special Rights and Duties of Citizens. — The resident
of a city has more civic rights and duties than the country-
man. The government does more for him, and imposes
more restrictions on him. He has the use of expensive
parks and streets, for instance ; but he is forbidden to
drive through them at high speed, and must observe various
other traffic regulations. He has no right to make a speech
on the street, or to organize a parade, without a permit from

1 Among them are Gloucester and Haverhill, Mass. ; Memphis, Tenn. ;
Des Moines and Burlington, Iowa ; Leavenworth and Topeka, Kansas ;
Colorado Springs, Colo.; St. Joseph, Mo.; and several cities in Texas.

2 In cities governed under the usual plan, the responsibility for an unwise
measure may sometimes be shifted about from one official or board to another,
so that the voter cannot tell whom to blame. In a few States, some city
officials can be removed by vote of the people (the " recall ").

THE GOVERNMENT OF CITIES. 53

the proper officer. Most important of all his rights and
duties are those of a voter, taking part not only in elections,
but also in the primaries, where his influence is often most
powerful for good.

The Street. — The citizen's interest in municipal affairs
may well begin at home — in his own street. The street is
the central and distinctive element of city Hfe, the scene of
a large part of the city's activities. For some purposes
each street is a unit of administration and taxation. Origi-
nally, the land occupied by a street may have been dedicated
to the city by deed of the owners; or it may have been
acquired in whole or in part through condemnation pro-
ceedings,^ the cost usually being charged against the
property benefited.

The first cost of grading, curbing and paving ^ the street,
and building sewers, is met wholly or partly by assessments
against the property on the street.^ After it has been con-
structed, the city cares for, cleans and maintains it. Side-
walks are built or paid for by each owner individually, and
must be kept clean by him. When it is necessary to tear

1 The common council orders the laying out of the street, and has it mapped.
Commissioners are appointed by a court to hear evidence offered, a,ward the
damages for property taken, and assess the cost of the whole proceeding
against the owners of property on the new street. The fees charged by such
commissioners for their services are sometimes large.

2 The cost of paving varies with the location, cost of labor, etc. Block
stone pavements sometimes cost $2 or ^3 per square yard ; asphalt, about
the same ; wood block, a little more ; and brick, a little less. Macadam or
broken stone roads cost from 50 ^ to 75 ^ per square yard ; the butolithic,
first introduced in 1901, and combining the excellent qualities of macadam and
asphalt, $2 to ^2.50. The proper kind of pavement for a given street depends
on the kind of traffic and the grade of the street. The city by ordinance
sometimes forbids heavy traffic on certain streets.

8 The entire cost of bridges, on the other hand, is usually paid by the city.

54 GOVERNMENT OF NEW YORK.

up the pavement to make connections with water mains
or sewers, or for other purposes, permission to do so must
be secured from the proper city officer, and the pavement
must be properly replaced without cost to the city. In a
poorly governed city it may happen that sewers are built,
gas mains laid, and the like, shortly after a street is paved,
instead of before, thus causing extra expense because of
the necessity of replacing the pavement. The citizens on
any street should be especially interested in seeing that
work on the street is done properly. Much good can often
be accomplished by personal interviews with the responsi-
ble city officials.

Special City Problems. — The good citizen must make
himself famiUar with the problems of city government, so
that he may exert an intelligent influence in their solution.
These problems are many.

Sewers. — In former years, sewers were almost always
built to empty directly into the nearest stream or large
body of water. This is usually, but not always, the
cheapest method of sewage disposal; but in many cases
it causes serious pollution of waters and shores, and great
danger of spreading infectious diseases. A newer and
better method is to have the sewage flow first into under-
ground tanks (where the solids in it quickly become liquid,
through the action of bacteria); and then intermittently
through beds of broken stone, gravel, and sand, where the
oxygen of the air completes the work of purification, so
that the liquid finally flowing away is entirely harmless.

Profit-paying Public Utilities. — The problems of water
and light supply are similar to those of a village, but greater.
The privilege of putting water or gas mains or electric
wires or car tracks in the streets is very valuable, and

THE GOVERNMENT OF CITIES, 55

if it is given to a private company, the interests of the city
and of private consumers should be carefully guarded in
the franchise by which the board of aldermen grants the
privilege.^ Most cities in this country have publicly owned
waterworks, some have municipal lighting plants,^ and in a
few it is proposed that the city shall own street railways.
Some of the advantages and disadvantages of pubHc
ownership are as stated on pages 39-40, but the difficulties
of public management increase with the complexity of the
service, while large cities lack an important advantage of
a village — the personal acquaintance of most of the citi-
zens with their public officers, which often serves as an
incentive to efficiency. Many cities in Europe own such
public utilities and manage them with success. Whether
they are publicly or privately owned, no modern city can
exist without them, and the welfare of any city depends
largely on their proper management

There are very many details calling for careful consideration and
good judgment. As cities grow larger, for instance, it is necessary to
free some of the streets from overhead wires strung on poles, and they
must be transferred to underground pipes or conduits. Also, to carry
passengers long distances quickly, some of the street railways in very
large cities must be built in subway tunnels, or on elevated structures,
where they will not interfere with traffic on the street level.

Steam railways have in a few cases been given the right to lay tracks
in city streets ; with the growth of the city and of the railway traffic,
this leads to many accidents. Accidents occur also where a railway

1 One important clause in some franchises limits the privilege to a certain
number of years (as 25 or 50), at the end of which the city may come into
ownership of the mains, wire, or track, or may readjust the terms of the
franchise. Such readjustment is very important because of rapidly changing
conditions.

2 In a few cases these supply gas or electricity for street lights only; but
generally they sell to private consumers also.

56 GOVERNMENT OF NEW YORK.

crosses streets at grade ; therefore, many grade crossings are being
abolished, by raising or lowering either the street or the railway, and using
a bridge, — the cost being divided between the railway and the public.

Street Cleaning. — Efficient cleaning of the city streets
is now known to be essential to health as well as to comfort.
In cities where the winters are mild, traffic is carried on by
wheeled vehicles the year round, and after each snowstorm
it is necessary to remove the snow from the busiest streets.
Such removal of snow often causes a large increase in the
expenditure for street cleaning.

Building Laws. — Much of the land in cities is held at
such high prices that it pays to put up buildings many
stories high. If constructed improperly, buildings may
fall, or may be especially liable to fires, or may have
inadequate water and sewer connections, and so little light
and ventilation as to be unhealthful dwelling places. To
protect citizens from unscrupulous builders, the State
legislature and the city councils have made many regula-
tions concerning the erection of buildings. In parts of
the city only fireproof materials are allowed to be used ;
buildings may be erected only after the plans have been
submitted to the city authorities, and a permit given ; and
often the work is watched by city inspectors as it pro-
gresses from day to day, to see that in all details it meets
the requirements of the city to secure safety and health.
The code of building laws in some cities is longer and
more elaborate than a State constitution.

In a city with wise and well-enforced building laws, and with a well-
equipped and efficient fire department, there will be few destructive fires.
As a result, insurance rates there will be lower than in other cities.

The tenement-house problem is especially serious in some cities,
where many tenements have been built without sufficient provision for

f

THE GOVERNMENT OF CITIES. 57

light and air, A five-story house twenty-five feet wide and seventy-five
feet deep, for instance, with no space between it and adjoining houses,
may be cut up into ten or even twenty different tenements, each
occupied by one or more families. Tuberculosis and other diseases are
apt to flourish in crowded, dirty and ill-ventilated tenements. Modern
requirements for new buildings call for adequate air shafts, or vacant
spaces between buildings, so that each room may have an outside win-
dow. It has been necessary, also, to forbid the carrying on of some
kinds of manufacturing in tenements.

Parks, Museums, Hospitals, etc. — For the welfare of its
citizens the city does many things that can be done most
satisfactorily by cooperative effort. Parks, playgrounds,
recreation piers, public baths and washhouses maintained
by the city are important aids to the public health and
happiness. The city may also provide free concerts, and
free lectures either in connection with its schools or other-
wise.^ It sometimes contributes to the support of museums
and hospitals estabHshed by private effort. So many sick
and injured are unable to care for themselves that the city
may also build and support hospitals of its own. A city
may also give temporary relief to the poor, and may main-
tain, or contribute toward supporting, special institutions
for the care of the poor. Many hopelessly poor are sent
to the county almshouse, the expense of their support being
paid by the city.

City Finances. — The cost of various operations of city
government must be met chiefly by taxation of the citizens.
In cities generally the largest expenses are for main-
taining streets and schools, and the police and fire
departments. For example, the following table shows one
year's ordinary expenses of one city in this State, with a

1 For city schools, the compulsory school law, etc., see Chapter XVIII,
" The Public Schools."

58 GOVERNMENT OF NEW YORK.

population of about 70,000, with the proportions of the
total expenditure devoted to each purpose :

Per cent of Total.

Fire Department $125,000 8.3 %

Police Department 165,000 10.9

Health Department 40,000 2.6

Schools 455,000 30.1

Parks and Recreation Centers . . . 13,000 .9

Baths (net cost of maintenance) . . 2,500 .2

Free Concerts 500 .03

Public Library . . 10,000 .7

Care of Poor 15,000 i.o

Care of Sick and Injured 14,000 .9

City Courts 17,000 i.i

Street Lighting 108,000 7.2

Care of Streets, and Garbage Disposal . 215,000 14 2

Miscellaneous Salaries and Expenses . 137,000 9.1

Interest on Bonds and Notes .... 192,000 12.7

$1,509,000

The revenue of the city is derived partly (i) from fees
charged for licenses to carry on certain kinds of business
in the city, according to the ordinances of the city council ;
(2) from fees charged for the services of some city offi-
cials; (3) from fines levied on offenders against the city
ordinances ; (4) from part of certain special taxes levied
by the State; (5) in some cases from the profits of munic-
ipal water works, lighting plants, etc.; (6) in some cases
from rentals of public property owned by the city ; ^ but
(7) chiefly from taxes levied on the real estate in the city,
and the personal property owned by the citizens, in the
manner described in Chapter XIX.

Most of this direct tax on property falls on real estate, because all
land and buildings are easily found and assessed by the assessors,

1 New York city, for instance, derives a large revenue from the publicly
owned docks.

THE GOVERNMENT OF CITIES, 59

while valuable personal property is concealed from them. A person
assessed for personal property may "swear off" the assessment by
making oath that he does not own so much, or may avoid the tax by
establishing his legal residence elsewhere. Assessors dislike to make
honest men pay more than dishonest, and dislike to increase unfairly
the proportion of the county and State tax to be paid by their own
locality. For these reasons only a part of the personal property owned
by citizens in this State is taxed, and the proportion is becoming stead-
ily smaller. The special assessments made against property benefited
by the opening and improving of city streets (p. 53) of course fall
entirely on real estate.

Because of the various activities of the city in ways that cost much
money per capita, the city tax is much larger than the proportion of
State and federal taxation paid by the same citizens. The annual city
tax may be as much as i or 2 per cent of the value of the property.

The Budget. — The common council fixes the tax rate
for each year. In first and second class cities the head of
each department requests certain appropriations for the
ensuing year; the board of estimate and apportionment
considers these and prepares a budget, in which it may
recommend greater or smaller appropriations ; and the
common council then passes upon it, lowering such items
as it deems too large (but with no power to increase any),
and fixing the tax rate necessary to yield the proposed rev-
enue, as calculated from the budget and from reports of
the preceding year's income and expenses.

SUMMARY.

A city is a municipal corporation, created by State law,
and provided with a special form of government fixed by
the city charter.

The city charter is granted by the State legislature, and
may be amended or abolished at any time by that body.

6o GOVERNMENT OF NEW YORK.

Charters were granted to the early cities in England and
the Netherlands by the king or other feudal lord of the city,
usually in return for money payments made by the city.

The board of aldermen or common council constitutes
the city's legislative department. The mayor is the city's
chief executive officer. It is the duty of the mayor to en-
force the law within his city, and he has a veto power over
ordinances passed by the city's legislative body. The
mayor's power of appointment is limited by the State civil
service law. Each city has its special city court or courts,
with powers and duties fixed by the city charter.

Special State laws limit the power of a city to go into
debt. No law applying specially to any particular city may
be enacted by the State legislature, unless submitted to the
common council or mayor of the city for acceptance or
rejection by the city. But such rejection of a proposed law
may not necessarily prevent the legislature from enacting it.

City government is so important, and has so many diffi-
cult problems to meet, that it should receive the careful
study and help of all citizens.

SUGGESTIVE QUESTIONS.

What is a city charter } What power may grant, amend,
or abolish such a charter }

What classification of cities exists in New York State ?

Describe the legislative body of a city in this State ?
How are its members chosen ?

What is a city ordinance ?

Who is the city's chief executive officer ? What power
has he in the making of city ordinances ?

What State law limits a mayor's power to appoint officers
in the city government ?

THE GOVERNMENT OF CITIES. 6i

What limit is there to the power of a city to go into
debt ?

How are the people of a city given opportunity to be
heard for or against laws proposed in the State legislature,
which apply specially to their city ?

What natural advantages and other conditions h'ave led
CO the growth of your city ?

To which class does your city belong ?

Make out a table showing the chief officials of your city,
and their duties. (Get a copy of the city charter.)

Which official in your city is responsible for the care of
the streets 1 the bridges } the sewers "i street lights t street
cleaning ? the water supply } How does their work com-
pare with that of similar officials in other cities in this and
other States.** How does each get his position.? How
may he be made to do his work properly }

Make out a table for your city like that on page 58.
(Get a copy of the city comptroller's report.)

Discuss the advantages of public or private ownership
()f waterworks, lighting plants, street railways. How are
these utilities managed in your city t How are franchises
for private companies obtained }

ADDITIONAL READING.

For an account of the development of the English borough, see
Hannis Taylor's Origin and Growth of the English Constitution, Book
III.; also Stubbs's Constitutional History of England, Volume I., Sec-
tions 20 to 45. Read also "The English Towns," Section IV. of
Chapter IV., Green's Short History of the English People. For a gen-
eral account of American city governments, see Bryce's American
Com?nonwealth, Volume I., Chapters L. and LI. For a discussion of
important municipal problems, see Bemis's Municipal Monopolies;
Judson's City Roads and Pavemeftts ; Hazen's Clean Water and How
to Get it ; Rowe's Problems of City Governtnent.

62

City of ^iiw york

BOROUGHS AND

DISTRICTS FOR HOME RULE AND
LOCAL IMPROVEMENTS

SCALE OF MILES

0 1 2

4 5

^

^

CHAPTER VI.
Greater New York.

At the mouth of the Hudson River, facing the ghttering
waters of New York Bay, through whose narrow strait the
ships of all nations carry on a mighty commerce between
the old world and the new, stands the city known as Greater
New York. Four counties of the State — New York, Kings,
Queens, and Richmond — are included within its borders ; and
it unites under a single city government the former cities of
New York, Brooklyn, and Long Island City, and the teeming
villages on Staten Island, and in Kings and Queens coun-
ties, outside the former Brooklyn and Long Island City.^
The population of Greater New York is now more than
four millions, making it the second city in size on the
globe, and by far the largest city on the American conti-
nent. It contains considerably more people than the com-
bined States of Maine, New Hampshire, Vermont, Connecti-
cut, Rhode Island and Delaware, with the District of
Columbia and Wyoming thrown in for good measure.

This mighty city — New York — was created by the State
legislature of 1897, its people having previously expressed
themselves by ballot taken at a regular election, as in favor
of uniting their separate governments in a single munici-
pality. The legislature then enacted a charter for the
great city, which is now entitled under the law to sixty-three

1 Three towns of the former Queens County have been erected by the
legislature into the County of Nassau.
64

GREATER NEW YORK. 65

of the one hundred fifty assemblymen of the State, and to
twenty-one of the fifty-one State senators. This teeming
population, equal in number to about half the population of
the State, and to more than the entire population of the
United States when Washington was made President, and
holding more than seventy per cent, of the taxable property
in the whole State,^ is, however, under the law of the State,
as powerless to govern itself as the smallest town or incor-
porated village. Its vast public activities are confined
rigidly within its charter fixed by the State, and it cannot
lay out a new park, widen an old street, establish a munici-
pal ferry or subway, or spend a dollar for public purposes,
except as the State legislature gives it power to do these
things through specific provisions of the city charter.

The Government of New^ York. — New York, like the
other municipal corporations of the State, has its own local
legislative, executive, and judiciary departments of govern-
ment, with powers and duties fixed by the city charter.
For the purpose of administering its local government, the
city is divided into five Boroughs. These are the Boroughs
of Manhattan and The Bronx, embracing the former city
of New York, and the present New York county ;2 the Bor-
ough of Brooklyn, including Kings county and the former
city of Brooklyn; the Borough of Queens, including the

^ The equalized value of real estate and taxable personal property in 1909
for the whole State was ^9,666, 118,681. Of this amount the four counties of
New York city had ^6,977,772,530.

2 The Borough of Manhattan includes Manhattan Island, Governors Island,
Bedloes Island, Ellis Island, the Oyster Islands, Blackwells Island, Ran-
dalls Island, and Wards Island. The Borough of the Bronx includes that
portion of the city of New York lying northerly or easterly of the Borough of
Manhattan between the Hudson River and the East River or Long Island
Sound, including a large area of mainland and several islands.

68 GOVERNMENT OF NEW YORK.

present Queens county; and the Borough of Richmond
having the boundaries of the present Richmond county.

The Board of Aldermen. — New York's chief local legis
lative body is the Board of Aldermen. Formerly this'
board, under authority given to it by the State legislature,
made all important local regulations or by-laws for the
government of the city. It now shares this law-making
power to a considerable extent with other local boards
Thus the Board of Estimate and Apportionment grantF
franchises for the use of the streets and other pubUc prop-
erty, while the Park Commissioners, the Board of Educa-
tion, and the Health Board make certain by-laws pertaining
to the work of their respective departments. The Board
of Aldermen is composed of seventy-three aldermen, elected
from as many aldermanic districts ; a president elected by
the voters of the entire city at the time of the election of
the mayor and for the same term of office ; and five bor-
ough presidents. Each assembly district in the city has
usually constituted an aldermanic district ; but a few have
been divided into two or three aldermanic districts each.
Manhattan and the Bronx elect forty-one aldermen ; Brook>
lyn, twenty-four ; Queens, five ; and Richmond, three.

The aldermen are elected by the voters of their respec-
tive aldermanic districts at the general elections in the odd-
numbered years. They hold office two years, and receive
an annual salary of $2,000 each. The aldermen appoint a
clerk of the board, who is also the city clerk. He serves
six years at an annual salary of ;^7,0CX). The president of
the board of aldermen is the acting mayor of New York
during the absence or disability of the mayor. *He receives
an annual salary of $^,000. A majority of the board
constitutes a quorum for the purpose of doing business.

GREATER NEW YORK. 69

Powers of the Board of Aldermen. — The board of alder-
men sits in the Borough of Manhattan, and it must hold at
least one meeting a month, except during the months of
August and September. The board has power to pass
local by-laws or ordinances for the city upon subjects enu-
merated in the charter. Ordinances are passed by a majority
of all the voting members of the board ; but no ordinance
involving the spending of the public money, or the mak-
ing of a specific pubHc improvement may be passed ex-
cept by unanimous vote of the board, until at least five
days after an abstract of its provisions has appeared in
the official paper known as the " City Record." This
prevents undue haste and gives the people an opportu-
nity to be heard. The board has power to make and enforce
local police, health, park, fire, and building regulations, not
inconsistent with the charter, nor contrary to the laws of
the State and of the United States. The board may make
by-laws, among other things for :

The establishment and regulation of public markets, parks, streets,
boulevards, bridges, docks, waterworks, schoolhouses, and other pub-
lic buildings of the city ; for the inspection and sealing of weights
and measures ; the inspection, weighing and measuring of coal,
wood, hay, etc. ; for the numbering of houses and lots ; for regu-
lating public cries, advertising noises, steam whistles, etc. ; regulating
the use of guns, pistols, fireworks, etc. ; regulating places of public
amusement, the construction and use of hydrants, cisterns, sewers,
pumps, etc. ; regulating partition walls and fences ; for licensing
truckmen, hackmen, expressmen, pawnbrokers, and others; for the
suppression of vice and immorality, and the prohibition of gambling
houses. The board may also restrict the height of buildings ; change
ward boundaries; and it may on recommendation of the board of
estimate and apportionment, fix generally the salary or compensa-
tion of any officer or person paid out of the city treasury, except
day laborers, teachers, examiners and members of the supervising

7° GOVERNMENT OF NEW YORK.

staff of the department of education. It may reduce salaries recom-
mended by the board of estimate and apportionment, subject, how-
ever, to the veto power of the mayor. The board may, within the
Hmits fixed by State law, authorize the city to issue its bonds for
needed public improvements.

The Mayor. — The mayor is the executive head of the
city. He is chosen at the general elections in the odd-
numbered years, for a term of four years, by the voters of
the entire city. He receives an annual salary of ^15,000.
The mayor must be vigilant and active in enforcing the city
ordinances and the laws of the State. He must keep him-
self informed of the doings of the different departments of
the city government, and once a year he must communicate
in a written message to the board of aldermen a general
statement of the finances, government and improvements
of the city, recommending such measures as he deems ex-
pedient. The mayor appoints in most instances the heads
of the different departments in the city government, and he
has power to remove generally any city official holding
office by appointment of the mayor.^ The mayor himself
may be removed from office by the governor of the State.

Veto Power of the Mayor. — All by-laws or ordinances
passed by the board of aldermen must be sent to the mayor
for his approval or rejection. If the mayor approve a pro-
posed ordinance, he must sign it and return it within ten
days after receiving it to the board of aldermen or to the
board at its next meeting.^ If the mayor disapprove a

iThe exceptions are members of the board of education, the aqueduct
commissioners, the trustees of the College of the City of New York, the
trustees of certain hospitals, and judicial officers whose removal is provided for
by the constitution.

2 A proposed ordinance involving the appropriation of public money, the
granting of a franchise, or the making of a specific improvement, must be

GREATER NEW YORIC. 71

proposed ordinance he must return it within the time speci-
fied with his written objections. This is the mayor's veto.
The board of aldermen, after ten days and within fifteen
days after receiving the veto, may repass the proposed ordi-
nance over the mayor's veto by an affirmative vote of at
least two thirds of the members ; except that a proposed
ordinance involving the expenditure of public money, the
creation of a debt, or the laying of an assessment may be
passed over the mayor's veto only by an affirmative vote of
three fourths of the members. The mayor also has a
final veto on resolutions granting a franchise (p. 72).

City Administrative Departments. — Associated with the
mayor in the executive government of the city, are fifteen
departments, with heads in nearly every instance appointed
by him.* These are the department of finance, law
department, police department, department of water supply,
gas and electricity, department of street cleaning, department
of bridges, department of parks, department of pubHc
charities, department of correction, fire department, depart-
ment of docks and ferries, department of taxes and assess-
ments, department of education, health department, and
tenement house department. Each of these departments is
headed by one or more men, usually called commissioners.

The Department of Finance. — ^Very important among
the administrative departments is the department of finance,
headed by the comptroller, who is elected at the time of the
election of the mayor, by the voters of the entire city. The

returned within the time specified after an abstract of its provisions has been
published in the " City Record."

1 The exceptions are the head of the department of finance, and the head
of the department of education, who are elected — the former by the people,
the latter by the members of the board of education.

72 GOVERNMENT OF NEW YORK.

comptroller serves four years at an annual salary of ;^ 15,000.
He has general charge of the financial affairs of the city,
and revises the accounts of its various departments. The
department of finance includes bureaus for investigation
and the preparation of statistics ; for the collection of inter-
ests, rents and moneys due from sales ; for the collection of
taxes ; for the collection of arrears ; for the auditing of city
accounts ; and for the reception of all moneys into the city
treasury, and the paying out of the same. The last-named
bureau is in charge of the city treasurer or chamberlain,
appointed by the mayor at an annual salary of ;^i 2,000.^

The Board of Estimate and Apportionment. — The mayor,
comptroller, president of the board of aldermen, and the five
borough presidents, constitute a board of estimate and
apportionment. It is the duty of this board once a year to
make up a budget or statement of the estimated expenses of the
city, which is afterward passed upon by the aldermen.
The board may by a three-fourths vote (subject to the
mayor's veto) give private persons or corporations a fran-
chise or right to use the streets, wharves, parks, or other
public property of the city. In this board the mayor,
comptroller, and president of the board of aldermen have
three votes each, the president of the Borough of Man-
hattan and the president of the Borough of Brooklyn two
votes each, and the presidents of the Boroughs of The
Bronx, Queens, and Richmond, one vote each.

The Law Department. — The head of the city's law
department is the corporation counsel, appointed by the
mayor, at an annual salary of ;^i 5,000. He has charge of
the official law business of the city and its various depart-
ments, and he is the legal adviser of the city government.

* The city chamberlain also acts as treasurer of New York county.

GREATER NEW YORK. 73

The Police Department. — The head of the poHce depart-
ment is the police commissioner, appointed by the mayor
for a'term of five years at an annual salary of $7,500. The
police commissioner is chief of police. He appoints four
deputies, a chief inspector, sixteen inspectors, and an army
of policemen.

Borough Officers. — The voters of each borough of New
York elect a borough president. He is elected for a term
of four years, but may be removed by the governor. He
receives an annual salary of 1^7,500 in the Boroughs of Man-
hattan, Brooklyn, and The Bronx, and ;^5,ooo in Queens and
Richmond. Each borough president has general charge
and oversight of the public streets, sewers, bridges, tunnels,
and buildings ^ within his borough. He looks after the con-
struction of new streets, regulates the construction and lay-
ing of surface railroads, looks after the filling in and fencing
of vacant lots, and the removal of encumbrances. He may
appoint, and at pleasure remove a commissioner of public
works and a superintendent of buildings for his borough.
In Queens and Richmond the borough presidents also have
charge of street cleaning.

Boards of Local Improvements. — For purposes of home
rule and local improvements, the city is divided into twenty-
five districts of local improvements corresponding quite gen-
crally in size and extent to the senate districts.^ In each

1 Except schoolhouses, almshouses, penitentiaries, fire and police stations.

*The districts of local improvements are as follows: i, Borough of Rich-
mond; 2, western and southern parts of Borough of Queens; 3, eastern part
of Borough of Queens ; 4, third senate district ; 5, fourth senate district;
6, fifth senate district ; 7, sixth senate district ; 8, seventh senate district;
9, eighth senate district; 10, ninth senate district; 11, tenth senate district;
12, eleventh senate district; 13, twelfth senate district; 14, thirteenth senate
district ; 15, fourteenth senate district ; 16, fifteenth senate district ; 17, six-

74 GOVERNMENT OF NEW YORK.

district of local improvements there is a board of local
improvements, known as the " local board." Each local board
is composed of members of the board of aldermen Within
the district, and each is presided over by the borough presi-
dent of the borough in which the board is located. A local
board has power to open streets, establish parks, and con-
struct tunnels and bridges where the adjoining property
bears a part of the expense ; but plans for such improve-
ments must be first approved by the borough president, and
by the board of estimate and apportionment,^ and, in a case
where the charge imposed upon the whole city is more than
;^ 500,000, by the board of aldermen also.

Other Departments. — The department of water supply,
gas and electricity, the department of street cleaning, and
the department of bridges are headed respectively by the
commissioner of water supply, gas and electricity, the com-
missioner of street cleaning, and the commissioner of bridges,
each appointed by the mayor, and each receiving an annual
salary of ;^7,500. Each commissioner administers his depart-
ment under regulations imposed by the board of aldermen.
The department of parks is headed by the park board, com-
posed of three commissioners of parks, appointed by the
mayor at an annual salary of ;^5,ooo each. Other heads of
departments appointed by the mayor are the commissioner
of pubHc charities, salary, ;^7,500; the commissioner of cor-

teenth senate district; 18, seventeenth senate district; 19, eighteenth senate
district; 20, nineteenth senate district; 21, twentieth and part of the twenty-
first senate district; 22, part of twenty-first senate district, between the Harlem
and Bronx rivers; 23, territory east of the Bronx; 24, southeastern part of
the twenty-second senate district; 25, remainder of twenty-second senate
district.

1 Proposed improvements costing less than ^2,000 need not be submitted to
the board of estimate and apportionment.

GREATER NEW YORK. 75

rection, salary, ;^7,5CX); the fire commissioner, salary, 1^7,500;
the commissioner of docks, salary, ;^7,5oo; seven commis-
sioners of taxes and assessments, salary, ^7,000 (the presi-
dent receiving ;^8,ooo); a tenement house commissioner,
salary, ;^7,500.

Department of Education. — The mayor appoints the
Board of Education, consisting of forty-six members —
twenty-two from Manhattan, fourteen from Brooklyn, four
from The Bronx, four from Queens, and two from Richmond.
The members are appointed for terms of five years each,
and they serve without pay. The board has the manage-
ment and control of the public schools of the city ; appoints
a city superintendent of schools, eight associate superintend-
ents, and twenty-six district superintendents. The board
has power to divide the city into forty-six local school
board districts, corresponding to the forty-six members;
and each borough president appoints five members of a
local school board for each district within his borough.
These, with the member of the board of education living in
the district, and the district superintendent, constitute a
local school board for the district.

Department of Health. — The commissioner of health,
appointed by the mayor, at a salary of ^7,500, the police
commissioner, and the health officer of the port constitute the
board of health. This department has authority to enforce
the laws for the preservation of life and health throughout
the city, and over the waters within its jurisdiction.

County Government in the City of New York. — Each
county included within the borders of New York has its
separate county government, independent of the govern-
ment of the city, and in many respects the same as county
government in other parts of the State. There are, how-

76 GOVERNMENT OF NEW YORK.

ever, no town governments in Greater New York, and con-
sequently no such officers as town supervisors or county
boards of supervisors. Each county has, however, its
sheriff, county clerk, district attorney, and other county
officers, and, except in New York county, its county court.

Courts in New York — The Supreme Court. — ^The first
judicial department and the first judicial district of the State
have the same boundaries as New York county ; while the
Boroughs of Brooklyn, Queens, and Richmond are included
in the second judicial department and the second judicial
district. In all boroughs of the city the Supreme Court and
its appellate division have jurisdiction, as in other parts of
the State ; and special laws largely increase the compensa-
tion of supreme court judges.

County Courts in New York. — Kings, Queens, and Rich-
mond counties have each a county court and a surrogate's
court, with powers and duties quite similar to such courts
in other parts of the State. Kings county elects two county
judges. New York county has no county court, but elects
two surrogates for terms of fourteen years each, at annual
salaries of ;^ 1 5,000 each.

The City Court. — ^Two courts in New York county take
the place of a regular county court. These are the City
Court, and the Court of General Sessions ; and both have
jurisdiction in New York county only. Ten judges of the
city court are elected for terms of ten years each at annual
salaries of $12,000 each. The city court hears and deter-
mines civil suits in which the amount sued for does not
exceed ;^2,ooo. Appeals from its decisions are to the ap-
pellate division of the supreme court.

The Court of General Sessions — The court of general
sessions is mainly a criminal court. It has jurisdiction to

GREATER NEW YORK. 77

try all crimes cognizable within the county, including those
punishable with death. It is in five parts, its judges being
seven in number, all elected by the voters for terms of
fourteen years each, at annual salaries of ^15,000 each.
A grand jury is drawn for this court. All the foregoing
are courts of record.

Inferior Courts in New York. — Two inferior courts
not of record have jurisdiction throughout the entire city.
These are the Court of Special Sessions, and the Munici-
pal Court of the City of New York. In both these courts
cases are tried by the judges without the aid of a jury.

Court of Special Sessions. — The Court of Special Ses-
sions consists of a chief justice and fourteen associate jus-
tices appointed by the mayor — seven from the boroughs
of Manhattan and The Bronx, five from Brooklyn, and one
each from Queens and Richmond. The court sits in
parts, as assigned by the chief justice, for the purpose
of trying cases of misdemeanors committed in the city and
not brought up on indictment or presentment of a grand
jury, and some other offenses. Three justices sitting to-
gether constitute each part, and the concurrence of two
is necessary to a decision ; except that a single justice
ordinarily presides over one part in each county in the
city, set aside as a children's court. The justices of the
Court of Special Sessions hold office for terms of ten years
each.

City Magistrates — The city magistrates' courts are
divided into two divisions, the first in Manhattan and the
Bronx, and the second in Brooklyn, Queens and Rich-
mond. For each division the mayor appoints a chief city
magistrate and sixteen city magistrates for terms of ten
years. In the second division ten must be residents of

78 GOVERNMENT OF NEW YORK.

Brooklyn, four of Queens, and two of Richmond. The
chief magistrate of each division determines the number
of magistrates' courts to be held, the hours, etc. ; other
regulations are made at meetings of the magistrates. The
magistrates hold court singly for the hearing and trial of
petty offenses, and the commitment of accused persons.
Special courts are established for night duty, and for the
trial of certain cases arising under the laws governing
domestic relations (man and wife, or parent and child,
etc.).

The Municipal Court — The lowest court of civil juris-
diction in Greater New York is the Municipal Court of the
City of New York. For the purpose of administering jus-
tice through this court the city is divided into twenty-four
districts as follows : borough of The Bronx two districts,
Manhattan nine, Brooklyn seven, Queens four, Richmond
two. In each district the municipal court sits in one or
more parts, each presided over by a justice. The justices
are elected by districts, for a term of ten years. The
municipal court has general jurisdiction in civil suits where
the amount sued for does not exceed ;^50o.

SUMMARY.

The city of New York includes within its borders the
counties of New York, Kings, Queens, and Richmond, and
the former cities of New York, Brooklyn, and Long Island
City.

For administrative purposes the city is divided into five
boroughs : Manhattan, The Bronx, Brooklyn, Queens, and
Richmond.

The board of aldermen composed of seventy-three mem-
bers elected from as many districts, a president elected by

GREATER NEW YORK.

79

the voters of the entire city, and the five borough presidents,
constitute the chief branch of the city's legislative department.

The mayor is the head of the city's executive depart-
ment, and has a veto power over ordinances enacted by
the board of aldermen.

The local courts of the city include a city court and a
court of general sessions, for New York county, and a
court of special sessions and a municipal court for the
whole city.

SUGGESTIVE QUESTIONS.

Name and describe the boroughs of New York.

Describe the board of aldermen and its powers.

Describe the board of estimate and apportionment.

What officer is at the head of the city's finance depart-
ment ? May he be removed from office ? If so, in what
manner ? What are the duties of the city chamberlain ?

Name six administrative departments included in the city
government. Describe the boards of local improvements,
their powers and duties.

Name two duties of a borough president. How is he
placed in office ?

What are the duties of the corporation counsel ? How
do his duties dififer from the duties of the district attorney
of New York county ?

What judicial department is coextensive with the bound-
aries of the former New York? What State courts are
maintained in this department? What courts take the
place of a county court in New York county ? Which of
these courts is a court of civil jurisdiction only?

CHAPTER VII.

The County.

More than two thirds of the people of New York
live in cities ; the remainder Hve in towns ; but every
person, whether Hving in city or town, Hves in a county.
What is a county ? If we look on a large map of New
York we see that it is cut up into sixty-one coun-
ties. Every county ^ is, in turn, composed of towns, and
many contain cities and villages, the people of the different
towns, cities, and villages being united under a county gov-
ernment. We have seen the incorporated village, with its
separate village government, lying within the town, the
village being at the same time a part of the town and
the villagers subject to town laws. In the same way a
town or city lies within its county, the people of city and
town be'ing subject to county laws, as well as to their own
town and city laws.

Why We Have County Government. — Why do we have
counties and county government? First, because some
kinds of public work are most effectively and conveniently
carried on by the people of several towns and villages united
in a county government. But there are other reasons for
the existence of counties than mere convenience. We have
counties, because, hke the town and the town meeting, they

> Except New York, Kings, Queens, and Richmond, which lie within the
city of New York.
80

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REFERENCE

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THE COUNTY. 83

have come down to us, in one form or another, from the
earliest history of the English-speaking race.

The Ancient German Tribe. — We have seen our Teutonic
ancestors living in self-governing village communities, or
marks, in the forests of ancient Germany. We saw the
peaceful affairs of such a community ordered by its freemen
assembled in the ancient mark meeting, the forerunner of
the modern town meeting. We learned that the inhabitants
of such a mark community are supposed to have been
united by the tie of common blood, the mark representing
originally a group of related families. But running through
these various isolated mark communities, separated by their
belts of waste and woodland, was another tie — the tie of
similar speech and nationality. When war threatened, this
tie took form in the tribal or national assembly, attended by
freemen from the different kindred villages. In these tribal
meetings, held in field or forest, the freemen, each man
armed with spear and shield — the visible sign of his free-
dom— ^joined hands against a common foe. Here they
chose chiefs of the tribe, sentenced traitors to be hanged
and cowards to be smothered in mud, judged disputes be-
tween tribesman and tribesman and between village and vil-
lage. Here questions of interest to the tribe were debated,
the warriors shouting their opposition or expressing their
approval by the clashing of shield and spear. Sometimes
the freemen of several mark communities united in what was
called the " ga" or " gau," and sent a hundred fighting men
under their own leader to the army of the tribe. The " ga,"
or " Hundred," as it afterwards came to be called, also had
its " hundred mote," or meeting of freemen from the villages
composing the " hundred."

The English Shire — ^The organization of our German

84 GOVERNMENT OF NEW YORK.

ancestors in tribes and hundreds, as well as in marks and
towns, was carried by Angle, Saxon, Jute and Friesian into
the conquered territory of Britain. We have seen how the
mark community became the old English town, and how
later it became the parish and the manor. In Britain the
German " ga " and the German tribe became respectively
the English " hundred " and the little English kingdom. In
course of time the various little kingdoms that developed on
English soil united in the single Kingdom of England, each
petty kingdom becoming a share, or " shire," in the greater
EngHsh nation. <' Out of a union of townships," says a
modern writer, " grew what was finally known in England
as the hundred ; out of a union of hundreds grew the
modern shire; out of a union of modern shires grew the
EngHsh kingdom." The king or head man of the former
petty kingdom became the -^Idorman, or earl, under the
greater King of England ; and its national or tribal assembly
became the English " shire mote," or shire meeting.^ In the
shire meeting, laws were made for the shire, and criminals

> " The primitive states in which the settlers originally grouped themselves in
Britain were reproductions in every material particular of the Continental
Teutonic states, as described by Csesar and Tacitus. The unit of organiza-
tion in the primitive state was the village community, which appeared in
Britain as the tun or township. By a union of townships was formed the dis-
trict generally known in Germany as a gau or ga, a name which yielded in
England to that of scir or shire. By a union of gas or shires was formed
the primitive state. The scir or shire was simply what the word implies, a
division of the larger whole ; and it is now maintained, with greater or less
emphasis, by the highest authorities that scir or shire was the term originally
employed in Britain to describe a district which arose out of a union of town-
ships. But the early shire, which thus represented the largest division of the
primitive state, must not be confounded with the modern shire, which repre-
sents the largest division of the consolidated kingdom." — Hannis Taylor,
Origin and Growth of the English Constitution, Part I., Chap. V.

THE COUNTY. 85

were judged, much as in the ancient tribal assembly. After
the Norman conquest of England, the shires became known
as " Counties " from their resemblance to districts of France
then governed by counts.

The County in America. — When our English ancestors
came to America they brought with them the English plan
of county government. In Massachusetts and other New
England colonies, counties were formed by a union of
towns, and each county had its " county court " for the trial
of criminals and suits at law. In Virginia, counties were
established without towns, and in that State the county is
to-day the chief unit of local government. New York had
town government before it had counties. The Dutch early
established a system of local government in the different
settlements and towns; and the Enghsh, in 1683, divided
the province into twelve counties. Each had its county
court, as in Massachusetts, and in each the governor ap-
pointed a sheriff to collect provincial taxes, and to act as
the chief executive officer of the county in enforcing pro-
vincial laws.

The Modern County in New York. — ^The sixty-one
counties into which New York is now divided have been
formed at different times by the State legislature. The
law defines a county as " a municipal corporation compris-
ing the inhabitants within its boundaries, and formed for
the purpose of exercising the powers and discharging the
duties of local government, and the administration of public
affairs conferred by law." In plain words, this means that
the people of a county, like the people of the town, village,
and city, may act together as a body politic, in doing such
public work as the State allows them to do ; that, through
their representatives, they may acquire and own houses and

86 GOVERNMENT OF NEW YORK.

lands and other property for county purposes ; buy, sell and
make contracts ; sue and be sued in a court of law, much as
a single person. Each county in New York acts as an
agent for the State in collecting taxes and enforcing State
laws ; and each has its own local capital or *' county seat,"
the meeting place of its county board of supervisors, and
the place where the county court house and jail are main-
tained.

The County Board of Supervisors.— The law-making
body of the county, like that of the village and city, is a
body of representatives chosen by its voters. This is the
county board of supervisors, composed of one supervisor
from each town and city ward ^ in the county. Each mem-
ber is elected for a term of two years by the voters of his
town or ward, and each supervisor, as we have seen,'* is an
officer of his town or city, as well as a county officer.

Powers of the Board of Supervisors. — The powers and
duties of the board of supervisors, like the powers *and
duties of the town meeting, are fixed by State law. They
may be summarized as follows :

The board of supervisors has the custody of the corporate prop-
erty of the county ; audits accounts and charges against the county,
and directs the raising by taxation of sums necessary to defray them ;
has power to direct the raising in each town of a sum to defray the
town's necessary expenses; to cause to be assessed, levied and col-
lected any taxes due from the town to the State ; to fix the salaries of
county treasurer, district attorney, and county superintendent of
the poor ; to borrow money for the use of the county, and to author-

* Special laws govern in the city of New York as we have seen. The State
Constitution also provides that in cities, whose boundaries are the same as a
county, that the common council or board of aldermen shall have the duties
and powers of a board of supervisors.

3 Chapter III., page 25.

THE COUNTY. 87

ize a town to borrow for town purposes ; to purchase land and erect a

courthouse, jail, almshouse, and other county buildings ; to make local
laws for the destruction of wild animals and noxious weeds, and for the
protection of fish and game within the county ; to divide towns, alter
their boundaries, and erect new towns ; to form assembly districts under
State law within the county; to establish fire districts outside cities
and incorporated villages ; to establish a county hospital for persons
suffering from tuberculosis ; to open and discontinue county highways,
and erect bridges. The board also makes a list of persons who may be
called upon to serve as grand jurors in the courts sitting within the
county,^ and in some counties the board has power, on application of
the taxpayers, to alter the boundaries of incorporated villages.

Town and County Government.— As we study these
powers of the board of supervisors, we see that in many things
the county government is superior to and over the govern-
ments of the towns in the county, as the colonel of a regi-
ment is superior to and over his regimental captains. The
county may force a town to raise money for town purposes
or for the State. It may even do away altogether with a
town, joining its people to another town. In his great
work, The American Commonwealth, Mr. James Bryce de-
scribes the system of local government carried on in the
towns and counties of New York, as being almost a perfect
one. He says :

" Of the three or four forms of local government that I have de-
scribed, that of the town or township with its popular primary assem-
bly is admittedly the best. It is the cheapest and most efficient ; it
is the most educative to the citizens who bear a part in it. The town
meeting has been not only the source but the school of democracy. The
action of so small a unit needs, however, to be supplemented, perhaps
also in some points supervised, by that of the county, and in this respect

* This is done by commissioners of jurors in some counties.

88 GOVERNMENT OF NEW YORK.

the mixed system of the Middle States ' is deemed to have borne its
part in the creation of a perfect type."

County Executive Officers. — The county, like the town,
village, and city, has its executive officers, to enforce its
laws. The principal county executive officers are the
Sheriff, District Attorney, County Clerk, County Treasurer,
and Superintendent of the Poor. These officers are elected
by the voters of the entire county, on the Tuesday follow-
ing the first Monday in November, and they hold office for
terms of three years each. Besides administering county
affairs, most of them are agents of the State in enforcing
State laws within the county. Any of them may be removed
by the governor of the State, on charges, after a hearing.

The Sheriff. — The sheriff is the principal executive officer
of the county. It is his business to preserve its peace, arrest
offenders against the law, and to have the care and custody
of convicted criminals, and of persons detained on suspicion
of breaking the law. He summons witnesses and jurors to
attend courts held within the county, and executes the legal
orders and sentences of the judges. The sheriff formerly
hanged convicted murderers sentenced to the death pen-
alty. So important is he in executing and enforcing the

» In the New England States the town is more important than the county,
the latter existing largely as a court district. The town meeting is the prin-
cipal source of local government. In Rhode Island and Connecticut the
towns send representatives to the State legislature. In most Southern States,
on the contrary, few if any towns exist, the county being the principal unit of
local government. In the Middle and Western States, represented by New
York, Pennsylvania, New Jersey, Ohio, Indiana, Illinois, Iowa, etc., the
town is the principal unit of local government, while the county is in a
measure a supervising government. Neither towns nor counties in New
York send representatives to the State legislature, but these are chosen in
senate and assembly districts.

THE COUNTY. 89

decrees of the courts, that the sheriff has been called ** the
right arm of the judge." If a riot breaks out, the sheriff has
power to call out the Posse ComitatuSy that is, all able-
bodied men in the county, to suppress it. If then unable
to bring about order, the sheriff may call upon the governor
of the State to come to his aid with the State militia. The
sheriff appoints an Under Sheriff, and also one Deputy
Sheriff for every three thousand population in his county
to assist him. So great is his power, that to prevent its
possible abuse, the Slate forbids the election of a particular
sheriff for two terms in succession.^ The sheriff is paid in
fees fixed by State law, and in a percentage of the money
which he collects from the sale of property ordered by the
courts to be sold for the payment of debt in execution of
civil judgments. The office of sheriff is derived from the
"shire reeve," or head man of the ancient shire, who was
chosen by its freemen to preside over the "shire mote."

The District Attorney. — The district attorney is the
public prosecutor of criminals in his county, and the legal
adviser of its executive officers and grand jury. When
prosecuting persons charged with crime, the district at-
torney acts as an agent of the State, all crimes being prose-
cuted by him in the name of " The People of the State."
He is paid a salary, which comes out of the county treas-
ury, and is fixed by the county board of supervisors.

The County Treasurer. — The county treasurer has
charge of the public moneys of the county. He receives
money collected by the town collectors for county and State
taxes, and pays the latter to a State officer known as the
Comptroller. He also receives from the comptroller money
raised by the State for the public schools of his county,
> New York State Constitution, Article X., Section i.

90 GOVERNMENT OF NEW YORK.

paying it over to the supervisors of the several towns. In
some counties the county treasurer is paid a salary fixed
by the board of supervisors, and in others a percentage of
the moneys handled by him.

The County Clerk. — The county clerk keeps the public
records of the county, such as records of deeds,^ mortgages,
and the judgments of its courts. He acts as clerk of the
county court and of the Supreme Court when sitting within
his county. He is usually paid in fees.

Other Officers. — From one to three superintendents of
the poor are elected or appointed in each county. They
have charge of the county poorhouse, where poor persons
are cared for, and they make a report annually to the State
Board of Charities. The supervisors may appoint a county
superintendent of highways. A county may, if it chooses,
elect a county comptroller. In some counties having a
large population, an officer known as a Commissioner of
Jurors is appointed by the courts.^ Every county officer
who handles money of the county must account for it in a
yearly report to the board of supervisors.

The County Court.^ — Every county in the State, except
New York county, has a county court for the trial of per-
sons charged with crime and for the trial of civil suits at
law. A County Judge, elected by the voters of the entire
county, for a term of six years, presides over the county
court. All ordinary crimes against persons and property,
except murder, may be tried in a county court ; also gen-
erally any civil suit at law when the sum sued for does not
exceed $2,000. A person aggrieved by the decision of a
justice of the peace, may take the matter to the county

1 In a few counties, deeds and mortgages are recorded by a register of
deeds. 2 See Chapter XVI. » See Chapter XVII.

THE COUNTY, 91

court for a re-trial. Such action is called " appealing to the
county court." County judges are paid salaries, differing
in different counties, their pay being fixed by State law and
coming out of the county treasury.

Coroners. — Four coroners, as a rule, are elected in
each county. It is a coroner's duty to investigate the causes
of sudden or suspicious deaths, and he may, on request, in-
quire into the cause of any suspicious fire. For these pur-
poses he may summon and examine under oath any person
whom he thinks may have a knowledge of the matter under
investigation. Coroners were formerly allowed to summon
a jury in connection with their investigations, which are
termed inquests. The coroner's jury was, however, abol-
ished, except in counties wholly or partly in a city of the
first class, by State law in 1899. Under old English law
the coroner was a peace officer like the sheriff. From this
ancient view of the dignity of his office, has probably come
the modern practice of requiring the coroner to act in place
of the sheriff when the latter is disqualified. The modern
New York coroner is usually a practicing physician, though
this is not required by law.

The Surrogate and His Court — Each county has a sur-
rogate's court ^ through which the property of persons who
have died is distributed among those who are entitled by
law to receive it.^ The surrogate's court also has a general
oversight of the property of persons not of full age. The
duties of the surrogate were at one time performed largely
by officers of the church, usually the bishop, and the word,
♦•surrogate," meant literally one who was substituted for
another. In New York the surrogate is elected by the

* Also called a Probate Court.

* See Chap. XXV., Personal and Property Relations.

92 GOVERNMENT OF NEW YORK.

voters of the county for a term of six years.^ In counties
having less than 40,000 population the county judge acts
as surrogate.

County Finances. — The county's expenses are chiefly
for work on roads and bridges, the maintenance of county
buildings, various expenses of courts in the county, the
salaries of county officers, and the support of inmates of
the county almshouse and county jail. To meet these
expenses, the county levies and raises a tax on property in
the county, as explained in Chapter XIX.

Things to Remember. — The county is a municipal
corporation, created by the State law, and standing in im-
portance between the town and the State. The county gov-
ernment supervises in some respects the government of the
town ; and it acts, at the same time, as an agent for the
State in collecting State taxes, prosecuting criminals, and en-
forcing State law. Each town and city ward is represented
in the county board of supervisors, the lawmaking depart-
ment of the county. This board is an example of repre-
sentative democratic government, as the town meeting is an
example of direct democratic government.

The people of the county as a whole elect a sheriff,
county clerk, county treasurer, and other county executive
officers.

The judicial officers of the county are the county judge,
surrogate, and coroners.

SUGGESTIVE QUESTIONS.

In what year was your county organized } Is it one of
the original counties of the State, or was it formed by divid-

1 Fourteen years in New York county.

THE COUNTY. 93

ing one of these counties ? What is the name of its county-
seat ?

Give an instance of the value of county government as a
matter of convenience in administering the law. Give a
historical reason for county government. What powers has
the New York county, not generally possessed by the
county in New England ?

What is the origin of the English shire ? What legisla-
tive body in the New York county corresponds to the Eng-
lish shire- mote ? Is the county legislative body an example
of direct or representative democratic government ?

Name some powers of a board of supervisors in the
county government ; in the government of its several towns.

Describe the duties of the sheriff, district attorney,
county treasurer, county clerk, county superintendents of
the poor.

What is the jurisdiction of the county court ?

Name two duties of coroners.

What are the powers of a surrogate's court ?

ADDITIONAL READING.

For the origin and development of the English county, see Hannis
Taylor's Origin and Growth of the English Constitution, Part I., Chap.
III., IV., and v.; Stubbs's Constitutional History of England, Vol. I.,
Sections 30 to 50; Vol. II., Section 200, etc. See also Howard's
Local Constitutional History of the United States, Part III. For a
comparison of county government in different parts of the United
States, see Btyce'? Amertfan Commonwealth, Vol. I., Chap. XLVIH.

CHAPTER VIII.
The State, and the People Who Made It.

We now come to a government greater and more power-
ful than the governments of town, village, city, and county
— the government of the St-ate of New York. What is the
State? How did it arise? What does it do for the peo-
ple? What are its relations to these lesser govern-
ments ?

If we look on a map of New York, we see spread out be-
fore us a representation of the visible territory of the State.
On the north we see Lake Ontario, River St. Lawrence, and
Canada ; on the east, Lake Champlain and the New Eng-
land States ; on the south, Pennsylvania and New Jersey,
and Long Island, stretching like a huge foot out into the
Atlantic, with the city of New York at its heel ; on the west
we see Lake Erie, the Niagara River and Niagara Falls.
We see forty-nine populous cities and sixty-one counties, the
whole crossed and lined by canals and railroads, and making
a territory larger than the combined European kingdoms of
Belgium, the Netherlands, and Denmark.

The State a Municipal Corporation. — But the State of
New York, like the town and the county, is something more
than territory. The real State consists of the people of
New York, united in a political organization for pur-
poses of government. In this sense the State, like the town,
village, city, and county, is a municipal corporation, having
the power to perform its own public work, manage its
94

THE STATE, AND THE PEOPLE WHO MADE IT, . 95

own public property, and make and enforce its own State
laws.^

But the State is immeasurably superior in power and au-
thority to the lesser municipal corporations of school district,
town, village, city, and county. The State creates and con-
trols these lesser political bodies, determining what officers
each shall have, and how they shall be chosen, and even re-
taining the power to remove the officers chosen in some cases.
It is only by authority of State law that the lesser units ex-
ist and do business as distinct and separate governments.

The State as a " Sovereign." — Because of the great
powers exercised by the State government, New York and
other States of the United States, are sometimes spoken of as
"Sovereign States." What does this mean? We read of
kings and rulers who have power to make and enforce laws,
whose word is life or death to their subjects, whose people
obey them without question. We speak of such powerful
rulers as " sovereigns " ; and the word means one having
power to rule, and one whose rule is actually obeyed. The
State of New York possesses in large degree such '• sovereign
power " over its people and over the lesser governments,
within its borders. Thus, the people of the State of New
York, through their representatives, have made a law pun-
ishing the crime of murder by death, and any individual
member of the State convicted of murder may be made to
suffer the death penalty. In the same way, the people of
New York as a political unit, may compel individual mem-

> In a strictly technical sense, only the lesser governments created by the
State — such as the town, village, city, and county — are included in the term
" municipal corporation." But in its broader sense a municipal corporation
means a body politic. This includes the State " and each of the govern-
mental subdivisions of the State." — American and English Cyclopedia of Law.

96 GOVERNMENT OF NEW YORK.

bers of the State to shoulder muskets and fight for its de-
fense, even at the cost of their own Hves. So the State may
punish as guilty of treason individual citizens who strike at
its life. It may also compel its individual citizens to give
up their houses and lands for a reasonable compensation,
when needed for pubHc purposes. None of these sovereign
powers are possessed by the lesser municipal corporations.
No town, village, city, or county may take life, or force its
people to take up arms in its defense, punish its enemies for
treason, or take private property for public purposes. Only
the State possesses such powers.

The United States the Real Sovereign Power. — But
while we use the term, " Sovereign State," in speaking of
New York and other States of the Union, we must not con-
found the sovereignty possessed by such States with the
sovereign powers exercised by the United States, for na-
tional purposes and in our relations with foreign nations. In
the sense of being a sovereign power, capable of dealing
with foreign nations, of making war and peace, and of enter-
ing into treaties with foreign powers, the United States is
our only sovereign. The relations of the United States to
the individual States composing it, are fully described in a
later chapter of this book.^

Some Powers of the State. — Notwithstanding the limita-
tions of State sovereignty, the powers of New York and
other States of the Union over individuals living within
their borders, are supreme in many of the most important
matters connected with our daily lives. Thus the State of
New York makes laws punishing all ordinary crimes which
are not offenses against the United States government. It
is State law that prohibits murder, arson, burglary, forgery,

> Chapter XXII.

THE STATE, AND THE PEOPLE WHO MADE IT. 97

theft, and drunkenness. State law prescribes the form of
marriage, and defines the rights and duties of married peo-
ple. State law controls and orders the relations between
parents and children, masters and servants, guardians and
wards, principals and agents.^ Our laws regulating ordinary-
business relations are mostly State laws. When we sue a
man and compel him to pay a debt or to perform an
agreement, we do it in accordance with the forms prescribed
by the State. Houses and lands cannot be legally bought,
sold, or transferred from one person to another, except ac-
cording to laws made by the State. Business corporations are
created and (except those engaged in interstate commerce)
controlled by State law. The State controls railroads,
steamboats and other common carriers operating within the
State. It enforces regulations to preserve the public health,
and it licenses and controls the Hquor business in the State.
Our public schools are carried on and our teachers licensed
and paid under the authority of State law. The State main-
tains prisons and reformatories for the delinquent, and vari-
ous institutions for the insane, the blind, the deaf, and other
defectives, and for certain classes of the poor. Finally, it
is the State that authorizes the levying of taxes for its own
support and for the use of all the subdivisions of the State.

Duties of the State. — But while the State exercises these
vast powers over the individuals composing it, the State has
also duties to perform in return. The State must protect
the people composing it in the enjoyment of their personal
rights to life, Uberty, and property. It must suppress crime,
preserve the public peace, and as far as possible, insure the
safety and freedom of all its individual members.

Such are some of the functions performed by the people

1 See Chapter XXV., " Personal and Property Relations."

98 GOVERNMENT OF NEW YORK.

of New York through their organization in the political
form known as the State. Whence originated this power-
ful government? What are the forms under which it is ex-
ercised ? In order to answer these questions intelligently,
let us turn for a moment to a study of the people who made
New York.

The People Who Made New York— The Dutch. — New
York was planted as a Dutch colony. The Dutchmen came
from that small corner of Europe called the Netherlands,
where the land is low, and the North Sea breaks threaten-
ingly on the thin coast. Much of the soil, reclaimed from
the ocean, lies below the level of the sea, and is protected
from overflow by huge dikes of timber and stone, some of
it brought hundreds of miles from Norway.

On this battlefield of the elements the ancestors of the
men who planted New York built and maintained their
homes. The Dutchman's struggle, first to wrest his home
from the ocean, and then to preserve it, made him fearless,
resolute, far-seeing and independent. As he would not
yield to the sea, so he could not be conquered by man. As
early as the year 1477 — fifteen years before Columbus set
foot on the shores of America — the Dutch had forced their
rulers ^ to agree to the principle of " No taxation without

» The first General Assembly or Congress of the Netherlands was called
together in 1477 by the Duchess Mary of Burgundy. It refused to vote any
money to the government until its complaints had been heard and justice had
been done to the Dutch people. The assembly forced Duchess Mary to
agree to " Het Groote Priviligie," — The Great Privilege— or Magna Charta
of the Dutch people. " The Great Privilege," among other things gave the
Netherlands' Congress power to levy taxes, coin money, regulate manu-
factures and commerce, declare war and raise armies and navies. It was for
violating the provisions of The Great Privilege that the Dutch people in 1581
deposed Philip II. of Spain, and established the Dutch Republic. A very in-

THE STATE, AND. THE PEOPLE WHO MADE IT, 99

consent." In a war lasting from 1 563 to 1648 — ten times as
long as our American war for independence — the Dutch won
their independence from Spain. When, in 1609, the clumsy
" Half Moon " rounded the western end of Long Island,
bringing Henry Hudson and his crew in sight of the lower
end of Manhattan Island, the Dutchman in his small corner
of Europe, was choosing his own rulers, paying taxes levied
only by his own consent, and the seven provinces of the
United Netherlands were under a republican form of govern-
ment much like the United States of to-day.

The English. — While the Dutch were settling New
Netherland, as they called New York, the " Mayflower "
landed her Pilgrim band on the rocky shores of New Eng-
land. The Pilgrims left their homes to obtain personal and
religious freedom. They were brothers of the Puritans who,
in 1649, a few years after the ** Mayflower's" voyage, over-
turned monarchy in England, cut off the head of the
tyrannical Charles I., abolished the House of Lords, de-
clared " the people under God to be the origin of all just
powers," ^ and established the English Free State or Com-
monwealth. One of the first acts of the Pilgrims and other
Puritans on reaching America was to establish a system of
direct democratic government in town meetings. But the
New England Puritans, although driven from their European
homes by intolerance, themselves became intolerant. They
allowed only church members to vote and hold public office.

teresting account of this struggle, in which the Dutch people won their inde-
pendence from Spain, is given in a book called Brave LittU Holland and
What She Can Teach Us, by Prof. William Elliot Griffis. The author
draws many parallels between the struggle for freedom in Holland and the
Struggle for American Independence. Mr. John Lothrop Motley, a famous
American author, also tells the story in his Rise of the Dutch Republic.
» Resolution of the " Rump " Parliament, 1648.

loo GOVERNMENT OF NEIV YORK.

They hanged inoffensive Quakers. They drove Roger Wil-
liams into the wilderness for daring to exercise his right to
think and speak freely. Because of persecutions like these
many of the more liberal Puritans left New England, and
settled in the territory which is now New York. Hundreds
of Englishmen, including many important families,^ thus
came to New York, bringing the New England town meet-
ing to the shores of Long Island. These liberty-loving
Puritans were heartily welcomed by the tolerant Dutch.

The French. — The common people of France enjoyed as
late as the twelfth century, a freedom unsurpassed in most
parts of Europe. In many rural communities public affairs
were " directly regulated " by " a general assembly of the
inhabitants." ^ The French towns had charters which gave
the townspeople power to make and enforce their own local
laws, and to assess and collect their own taxes, as well as
taxes due to the king. Gradually, however, these rights
were taken away by the powerful kings of France, who tried
also to dictate what religion Frenchmen should practice.
The Protestant French Huguenots were forbidden to hold
meetings, were denied the right to hold office, and forced
from the principal trades and professions. Thousands of
them fled to Holland, where French colonies took root in
the principal cities of the Dutch Republic.^ In the early
part of the seventeenth century many of these liberty-loving
Huguenots emigrated from Holland to America. The first
actual settlers of New York were French Walloons, "in-
genious, brave and persistent," * and the first director general

* Lamb's History of the City of New York.

* The State, Woodrow Wilson, Sees. 356-366.

3 Baird's The Huguenot Emigration to America.

* Lamb's History of the City of New York,

THE STATE, AND THE PEOPLE W^^O ''MAI)EVlX-\'^^^ :

of New Netherland was a Frenchman. In 1685, Louis
XIV., king of France, revoked the famous law, known as the
Edict 6f Nantes, which gave protection to the Huguenots.
Thousands more of the bravest and best Frenchmen, includ-
ing many famous in letters, art and science, then left their
country. Many came to New York, bringing with them
education, habits of industry, graceful accompHshments, and
love of personal and religious freedom.^

Other Nationalities. — The Dutch early invited " persons
of tender conscience " to settle in New Netherland. The
result was that strangers were constantly arriving. Among
them were Germans, Swedes, Scotch and Irish. Love of
freedom seems to have been a strong motive in most of
these immigrations. Such were the people whose blood
mingled at the birth of the " fearless, thoughtful, energetic,
constructive people, politically alive and religiously free,"
who " rejected hereditary leaders " and laid broad the
foundations of the Empire State.

SUMMARY.

The State is a municipal corporation with powers superior
to the municipal corporations of town, village, city and
county.

The State is the creator of these lesser municipal corpo-
rations, and may alter or abolish them at will.

The State is, in a limited sense, a sovereign, having power
to take the lives and property of its citizens. Most laws
punishing crime and regulating our ordinary social and
business relations are State laws ; but the power of the State
does not extend to questions of national interest, or to those

' Lamb's History of the City of New York.

lofe ? „-: fl ° V.'^C? VKF:NMENT OF NE W YORK.

affecting our relations with foreign nations. These are con-
trolled by the United States, which is the supreme power in
this country.

As the citizen owes obedience to the State, so the State
must protect the citizen in the enjoyment of his freedom,
and in his personal and property rights.

Liberty-loving people from Holland, England, France, and
other European countries, settled New York, bringing with
them many of the fundamental ideas underlying our present
institutions.

SUGGESTIVE QUESTIONS.

What are the relations generally of the State to the lesser
municipal corporations of town, village, city, and county?

What is meant by the term, " a sovereign State " ?

Mention some powers of the State that indicate its
sovereignty.

Has a county government the right to take life as a pun-
ishment for crime ? Under what laws may life and property
be taken for public purposes ?

What power in this country is superior to the State of
New York ? For what purposes is it superior ?

Mention three important subjects controlled by State law.

ADDITIONAL READING.

For a discussion of the nature of the American State, see Bryce's
American Commonwealth, Volume I., Chapter XXXVI. See also
"Character, Organs and Functions of the States," Sections 1087,
1088, etc., in Prof. Woodrow Wilson's The State. For a discussion
of the meaning of the term sovereignty, see Burgess's Political Science
and Constitutional Law, Part I., Book II., Chapter I. For an
interesting but exaggerated account of the influence of the Dutch in

THE STATE, AND THE PEOPLE WHO MADE IT 103

the development of American political institutions, see Douglass
Campbell's, The Puritan in Holland, England and America. Brave
Little Holland and What She Can Teach Us, by Prof. William
Elliot Griffib, contains many interesting and suggestive comparisons
between the development of free democratic institutions in the Dutch
Republic and the United States.

CHAPTER IX.
Ho'vr Nevr York Became a State.

When the Dutch settled in the country discovered by
Henry Hudson, the United Neth'&rlands, the home of the
Dutchmen, were at war with Spain. The latter owned vast
colonies in America, and Spanish ships crossed the Atlantic
carrying fabulous treasures of gold and silver, the spoil of
her American possessions, home to Spain. In 1620, lead-
ing merchants in the Netherlands organized the West India
Company, secured powerful fighting vessels, and the per-
mission to attack Spain's American possessions. They also
hoped to capture the Spanish treasure ships as they crossed
the Atlantic. As a part of its plan of operations the West
India Company agreed to colonize and defend the country
discovered by Hudson, in return for the exclusive right of
trading with the Indians there. This right the United Neth-
erlands granted to the West India Company, and the latter
thus came into possession of the country between the Con-
necticut and Delaware rivers. Through the middle of this
vast territory flowed the Hudson River, and the company
built forts, one at the mouth of the Hudson, on the site of
the present city of New York, and another well up towards
its source, where Albany now stands.

To this country, which the Dutch called New Nether-
land, the West India Company at once began to send colo-
nists. It framed a plan of government for its new posses-
sions, and appointed a Director General to govern them, who
104

HOW NEW YORK BECAME A STATE, 105

was himself given power to appoint a Council. Director
and council made laws for New Netherland, subject to the
approval of the West India Company, and the government
of the United Netherlands. The company forbade its colo-
nists to engage in manufacturing or trade, and parcelled out
the land lying along the Hudson and Delaware rivers to
great proprietors called " Patroons," who agreed to plant
colonies on their lands. Each patroon ruled like a little
king on his vast estate. The actual settlers of New Nether-
land, the hard-working farmers and mechanics, had no voice
in the management of public affairs.

The Beginnings of Representative Government. — In 164 1
Director General Kieft, of the Dutch West India Company,
quarreled with the Indians, and called a meeting of tne heads
of the families living in New Amsterdam and vicinity (now
New York city) to obtain their advice. At this meeting
the people chose " Twelve Select Men," all emigrants from
Holland, to act for them. The twelve asked that they be
given a place in the director's council, that the people might
have a voice in their own government. The director there-
upon dismissed the twelve men and ordered them to hold
no more meetings. In 1643 the people again chose eight
men, who appealed to the government of the United Neth-
erlands and asked for the removal of the director.

In 1646 the West India Company made Peter Stuyvesant
director general. Stuyvesant told the people that he had
come to "govern them as a father does his children," but
he soon found himself in difficulty over the taxes which he
laid upon the people without their consent. He then asked
the different settlements to choose eighteen men, from whom
he would select nine men to act " as the people's tribunes "
to advise the director and council. The nine men chosen

lo6 GOVERNMENT OF NEW YORK.

by Stuyvesant did not wait, however, to be called upon for
advice, but boldly appealed to the government of the United
Netherlands, and asked that New Netherland be taken from
under " the intolerable rule " of the West India Company ;
" for no man," said they, " is unmolested or secure in his
property." They asked that New Netherland be made a
province under the rule of the States General or Congress
of the United Netherlands, and that each town be given a
local government " resembling the laudable government of
the fatherland." As a result of these appeals the West
India Company gave the people of the different settlements
power to choose certain persons from whom the director
general should select local officers known as "schout,"
" schepens," and " burgomasters " for each settlement.

The Assembly of 1653. — In December, 1653, an assembly,
composed of two men from each settlement on Long Island
and along the lower Hudson, met in New Amsterdam and
denounced Director Stuyvesant for making laws and ap-
pointing officers without the consent of the people, declaring
such practices "contrary to the granted privileges of the
Dutch government, and odious to every free-born man."
Troubles now came thick and fast in New Netherland. The
English seized the land west of the Connecticut River. The
towns on Long Island rose in rebellion. The Indians threat-
ened war, and the treasury of the West India Company was
empty. In the midst of these troubles, Director Stuyve-
sant, at the request of the burgomasters and schepens of
New Amsterdam, called together the first Provincial As-
sembly ever held on the soil of what is now New York.

New York's First Provincial Assembly. — This assembly
met April 10, 1664. It was composed of twenty- four men,
two being chosen by the people of each of the twelve towns

HO IV NEW YORK BECAME A STATE, 107

or settlements in New Netherland. It called on the West
India Company to protect New Netherland from the Indians
and English, but refused to vote a tax proposed by Stuy-
vesant. A few months later English warships sailed into the
harbor of New Amsterdam. The Dutch flag was hauled
down and New Netherland passed, September 8, 1664, from
the rule of the West India Company into the hands of the
English.

New York Under the English. — Charles II. was then
king of England. He gave New Netherland to his brother
James, Duke of York. The duke sold the land lying be-
tween the Hudson and the Delaware, and called the remain-
der " New York," after the county in England over which
he ruled. He appointed Col. Richard Nicholls to be
governor of New York, and the governor was allowed to
appoint a council. Governor Nicholls was given power to
make and interpret the laws of the province. He thereupon
prepared a code known as " The Duke's laws," which he
presented to a convention of representatives from the towns
of the proviHce. This code was even less Hberal than the
laws of the West India Company, for under it the people
were not allowed to choose their own local officers, or to
have a voice in the laying of taxes which they must pay.
The convention objected to ** The Duke's laws," but the
governor told its members that he was the real master in
New York, and if they wanted a larger share in the govern-
ment they must go to the king. Under his new laws the
governor appointed a mayor, aldermen, and a sheriff, in
place of the Dutch schepens and burgomasters of New
Amsterdam, and named local officers in each of the other
towns.

The Duke Consents to an Assembly. — After many de-

lo8 GOVERNMENT OF NEW YORK.

mands by the people, the Duke of York at last consented,
as a means of raising revenue from New York, to give it a
provincial assembly. In 1683 he gave the freeholders, or
landowners, power to choose representatives to an assembly
with liberty " to consult and debate on all affairs of public
interest." This assembly met in 1683. It was composed
of ten councilors, appointed by the governor, and of seven-
teen representatives, elected by the freeholders. It is
memorable for having gathered into one historic document
a summary of the more important rights and privileges
known to the people who made New York, and for enacting
them into law, under the title of " The Charter of Liberties
and Privileges."

The Charter of Liberties and Privileges.— This famous
charter, enacted more than two centuries ago, and nearly
one hundred years before the American Declaration of In-
dependence, contains in substance most of the rights for
which the war of the revolution was afterwards fought, and
in outline many of the more important rights possessed by
the people of New York to-day. •

The charter of liberties and privileges declared the supreme law-
making power of the province to be in the governor, council, and
people of New York, met in general assembly ; that every freeholder
and freeman should be allowed to vote for representatives without
restraint ; that no freeman should suffer under the law except by the
judgment of his equals ; that all trials at law should be by jury of
twelve men ; that no tax should be levied except by the consent of
the assembly ; that no seaman or soldier should be quartered on the
people against their will ; that no martial law should prevail ; and
that no person professing faith in God by Jesus Christ, should be at
any time questioned for any difference of opinion.*

1 Lossing's Empire State,

HO IV NEW YORK BECAME A STATE. 109

The Duke Becomes King. — The Duke of York is said
to have signed and sealed the charter of hberties and
privileges, but it was never delivered to the people. Two
years later the duke became James II., Kmg of England.
Fearing the growing spirit of independence in the colonies,
he rejected New York's charter of liberties and privileges,
abolished the assembly, took away the charters of the New
England colonies, forbade the people to gather in town
meetings, and levied oppressive taxes without their consent.
In 1688 the English people drove him from the throne and
invited William, Prince of Orange, the Stadtholder * of the
Dutch Republic, with his wife, Mary, the daughter of the
deposed James, to the throne of England.

King William Establishes a Government for New York,
— King William ordained a government for New York,
composed (i) of a governor, appointed by the king; (2) a
council, which consisted first of seven and afterwards of
twelve members, also appointed by the king ; and (3) an
assembly elected by the freeholders of each county of the
province. In their mimic sphere these departments cor-
responded to the king, lords, and commons of England.
All laws were required, after passing the governor and as-
sembly, to be submitted to the king ; and no law could be
passed contrary to the general laws of England. To the
assembly was given the important power of levying taxes
for the support of the provincial government.

Governors Against Assembly. — Now began a long and
bitter struggle, ending only with the war of the American
Revolution, between the governors representing the king,
and the assembly representing the people of New York.
The governors demanded that the assembly give them

J An officer something like our President of the United States.

no GOVERNMENT OF NEW YORK.

a. regular and permanent income for the support of the
provincial government. The assembly refused to grant
any money except for short periods, and asserted its
right, as representing the people who paid the taxes, to re-
ceive a statement of the government's expenses. The royal
governors dissolved assembly after assembly, only to find
the next one equally determined and fearless. " No-
where," says the historian Bancroft, " had the relations of a
province to Great Britain been so sharply controverted as
in New York." In 1753 the British government yielded,
and consented to yearly grants of money by the assembly.
The governors were also obliged to give a yearly statement
of expenses to the assembly. New York had won its most
important right of self-government — the right to levy its
own taxes and to say how they should be spent.

New York Becomes a State. — New York had now,
after nearly ninety years of English rule, become almost
wholly English in customs and feelings. The people looked
upon themselves as possessing, by residence and legislative
conquest, all the rights of Englishmen. But when the
Stamp Act was passed in 1765, by the British Parliament,
it seemed to the people of New York to overthrow at one
stroke all that had been gained for liberty on this side of
the Atlantic. Great Britain's insistance led to the union
of the colonies in the Continental Congress, which recom-
mended that each colony set up for itself an independent
government under the general authority of the Congress.
A provincial convention, elected by the people of New
York, met at Kingston in 1/77, framed the first constitution
of the State, and adopted it April 20. It was at once pub-
lished as the law of the land by the secretary of the con-
vention mounting a barrel in front of the courthouse where

HOPV NEW YORK BECAME A STATE. in

the convention was sitting, and reading the constitution to
the assembled multitude. Thus New York took its place
as one of the States in our great American Union.

SUMMARY.

New York was settled under the direction of the Dutch
West India Company, a private corporation which was
given the power to govern, as well as colonize the country.
The West India Company, under the general supervision
of the government of the United Netherlands, made and en-
forced the laws of New York, and the people had at first no
voice in public affairs.

At public meetings called by the director generals of the
West India Company, the people chose at different times
twelve, eight, and nine men to act for them in public
matters. This was the beginning of popular representation
in the province. Delegated conventions, whose members
were chosen by the towns of the province, demanded local
self-government and the right to tax themselves, as under
the home government in the Netherlands.

In 1664 New Netherland became the English province
of New York; and in 1683 the freeholders were given the
right to elect a representative provincial assembly.

The first provincial assembly, under English rule, enacted
in 1683, the charter of liberties and privileges, which
contained in outline many of the most important rights
guaranteed by the present State constitution.

In 1 69 1 the assembly obtained the important power of
levying taxes for the support of the provincial government ;
and in 1753 — sixty-two years later — the right of saying how
the taxes, so levied, should be spent.

In 1777 a constitutional convention, elected by the

U2 GOVERNMENT OF NEW YORK.

people, adopted and published the first constitution of New
York State.

SUGGESTIVE QUESTIONS.

How did the Dutch West India Company come into
possession of the territory which is now New York ?

Describe the beginnings of representative government in
New Netherland.

What were " the Duke's laws " ?

Give an account of the assembly which enacted the
charter of liberties and privileges.

What important right was given to the New York assembly
by William and Mary?

Give an account of the controversy between the royal
governors of New York and the assembly. How did this
controversy end ?

Give an account of the formation of the first constitution
of New York.

CHAPTER X.
The State Constitution.

We have seen a Dutch colony planted on the banks of
the Hudson, become the home of a cosmopolitan and liberty-
loving people, and develop under more than a century of
English rule into the State of New York. Let us now look
at the form of government under which the people of New
York live and work and conduct their public business.

The State Constitution. — If you have helped to form a
debating club or a Hterary society, you will probably
remember that one of the first things done was to appoint a
committee to draw up a set of rules for the orderly govern-
ment of the club. These rules defined and fixed the powers
and duties of the officers and the rights and duties of
the members. Such a set of rules is called a constitution.
The constitution, when reported by the committee,
is voted upon, "yes" or "no," by the members of the
club. If accepted it becomes the law of the club, and
cannot be altered or done away with except by the club.
No officer or member may lawfully do anything contrary to
the constitution. In a somewhat similar way, and for much
the same purposes, the people of New York have adopted a
written constitution as the fundamental or underlying law
of the State.

The Constitution the Supreme Law of the State. —
The written State constitution, adopted by a majority of
the voters of the State, establishes in outline the government

"3

"4 GOVERNMENT OF NEW YORK,

of the State, as the constitution of the debating club
estabhshes in outHne the government of the club. No
public officer or citizen may lawfully do anything contrary
to the constitution, and no law may be passed by the State
legislature that is not in harmony with it, for the constitution
is itself the supreme law of the State. There is no law in
New York superior to its State constitution, except the law
found in the constitution and statutes of the United States,
dealing with subjects which the people of the United States
have taken away from the States, and placed in the hands
of the national government.^

Beginnings of the Idea of the Constitution Found in the
Ancient City Charter. — The written constitution, in which
the people outline their form of government, and limit the
powers and duties of their public officers, is generally spoken
of as having its origin on American soil ; but the beginning
of the idea may be traced to a much earlier period than the
formation of the States of the American Union. In our
study of the city, we learned how the ancient towns and
cities of Holland, England and other European countries,
obtained written charters from their kings or lords. We
saw how the people bargained for the right to elect their
own local officers and to obtain their own courts of justice.
We saw the rights thus obtained written upon parchment
and preserved as the charter of the city. In such written
charters may be traced the beginning of the idea of the
written State constitution.

Magna Charta. — In the year 1 21 5, the English people
lived under the reign of the tyrannical and wicked King
John. He cruelly murdered his nephew, Prince Arthur,
and did not hesitate to take the lives and property of his

» See Chapter XXII., "The United States, The States and the People."

THE STATE CONSTITUTION, 1 15

subjects for his own selfish purposes. At last the great
lords and barons of England could stand John's injustice no
longer. They gathered an army, and met the king at the
meadow of Runnymede, by the River Thames, •' where
rushes grow in the clear water and its banks are green with
grass and trees." Here they forced the king to sign a
paper known ever since as the great charter of English
liberty — Magna Charta. In this great charter, a copy of
which, yellow with age, is still preserved in the Lincoln
Cathedral, King John promised that he would not sell,
delay, or deny justice to any man ; that he would imprison
no man without a fair trial; that he would observe the
liberties granted in the charters of the towns and cities, and
that he would lay no taxes upon the people except by con-
sent of their representatives in the " general council of the
kingdom " — that is, the English Parliament. The king
signed the great charter with a smile on his lips, but when
he had parted with the barons he raved like a madman,
flinging himself on the floor, and gnawing sticks and straw
in his impotent rage ^ — all because he had signed a paper
agreeing to observe the laws and not to oppress his people.
This great charter, signed by John, is often spoken of as
being a part of the English constitution, ^ and many pro-

» Green's History of the English People.

' The English have no formal written document known as The Constitu-
tion, such as we have in the United States. They consider those things to
be constitutional which have been long established by custom and usage, or
which have been enacted by Parliament. The English from the earliest
times have claimed certain rights and privileges as belonging to the people,
because they were held to be in accord with the good customs and laws of
the past. These rights and privileges have been summarized from time to
time in such historic documents as Magna Charta, the Petition of Right of
1628, the Habeas Corpus Act, and the Bill of Rights of 1689. Hence these
documents are spoken of as forming a part of the English constitution.

Ii6 GOVEJRNMENT OF NEW YORK.

visions in our American State constitutions may be traced
to it.

The Constitution of the Dutch Republic. — In 1477 an
event took place in the Netherlands quite similar to the
signing of Magna Charta in England. A congress of
representatives from the different States of the Nether-
lands forced Duchess Mary, their ruler, to sign " Het
Groote Priviligie," (The Great Privilege), in which she
promised to observe the liberties granted in the ancient
charters of the Dutch cities, and to lay no taxes on the peo-
ple except by consent of their representatives. When the
Dutch threw off the yoke of Spain, and the Republic of
the United Netherlands was formed in 1581, "Het Groote
Priviligie," signed by Duchess Mary, was made the basis
of the written constitution of the Dutch republic.^

Charters in the American Colonies. — Most of the Eng-
lish colonies in North America were planted and grew up
under written charters. Some of these charters were
granted by the English king to companies of merchants
similar to the Dutch West India Company, which settled
New York. These charters usually gave the company the
right to settle the land, and to govern the colonies which
it planted, by officers appointed by the company. Such
were the first charters issued to the companies who
colonized Massachusetts and Virginia. Other colonies,
like Pennsylvania, and Maryland, were planted under the
rule of great proprietors like William Penn, who owned the
land, and gave charter government to the people who
settled upon it. Still others, like Rhode Island and Con-
necticut, received charters directly from the king, under
which the people were allowed to choose their own officers,

* Motley's Rise of the Dutch Republic, condensed by Griffis.

THE STATE CONSTITUTION. 117

and, within certain limits, make their own laws. The first
written constitution actually made by the people of America
was framed by the freemen of the three towns of Windsor,
Hartford, and Weathersfield, lying in the Connecticut valley.
It was called " The Fundamental Orders of Connecticut."
King Charles II. accepted it as a lawful form of govern-
ment for the colony of Connecticut, which retained the
" Fundamental Orders," with scarcely any change, down to
the time of the revolutionary war.

Colonial Charters Become State Constitutions. — Under
these various charters the American colonies grew up with
governments having general features much alike in every
colony. Each colony had a governor and council, gener-
ally appointed by the king, and an assembly usually elected
by the people. These constituted the law-making power
of the colony, subject to the government of England.
When the colonies became States, soon after the Declara-
tion of Independence, it was easy for the people, by mak-
ing some alterations, to change their written charters
granted by the king or great proprietor, into written State
constitutions.^

» " When they (the colonies) cast oflF their allegiance to Great Britain their
self-constitution as independent political bodies took the shape of a re-casting
of their colonial constitutions simply. Rhode Island and Connecticut did
not find it necessary to change their charters in any important particular;
they already chose their own governors and officials as well as made their
own laws. The other colonies, with little more trouble, found adequate
means of self-government in changes which involved hardly more than sub-
stituting the authority of the people for the authority of the English Crown.
'But the charter, the written constituent law, was retained: the new govern-
ments had their charters which emanated from the people, as the old govern-
ments had had theirs given by the king. . . . The colonists were not
inventing written constitutions ; they were simply continuing their former
habitual constitutional life." — Woodrow Wilson, The State, Section 1062.

Ii8 GOVERNMENT OF NEW YORK.

How the Constitution of New York Was Made. —
New York did not have a charter government, unless we
speak of the charter given by the Netherlands States
General to the West India Company, as such a government.
It is true that the first provincial assembly under the rule
of the Duke of York, enacted in 1683 the charter of
liberties and privileges, but it was not accepted by the
duke. Our first State constitution was the work of a con-
vention of delegates chosen by the voters of the State soon
after the Declaration of Independence. This convention
was given power to frame the outline of a government for
the new State. It completed its work, as we have seen,
while sitting at Kingston, in 1777. The newly-framed con-
stitution declared that the power to govern the State rested
in the people of the State. It continued the assembly as
under the old provincial government, and provided for a
governor to be elected by the landowners or freeholders of
the State, and for a Senate of twenty-four freeholders, also
elected by the freeholders, to take the place of the council,
formerly appointed by the king. This constitution was not
submitted to the people. The times were perilous; a
British army was about to invade the State. The constitu-
tion makers simply published the result of their work,
which at once became the law of the State.

Revising the Constitution. — New York's constitution has
been revised or remodeled several times by conventions
elected for that purpose by the voters of the State. The
first important revision took place in 1 82 1, the second in
1846, and the third in 1894. When the members of a con-
vention elected to revise the constitution have carefully
considered proposed changes, and have agreed among
themselves upon a new or revised constitution, it is sub-

THE STATE CONSTITUTION, 119

mitted to the voters of the State for their approval or rejec-
tion. Printed ballots are prepared and distributed to each
voter as he reaches the polling place at the time of the elec-
tion. On these ballots are the words, " yes " or " no," in-
dicating whether or not the voter wishes to vote for or
against the proposed new constitution. If a majority of the
" electors voting thereon " ^ vote in favor of the new consti-
tution, it becomes the law of the State. If not, the pro-
posed constitution is rejected, and the people continue to
live under their old constitution. We thus see that the
people of a great State, adopt their fundamental law much
as the voters of a town meeting vote " yes " or " no," upon
propositions submitted to them.

What the Constitution of New York Contains — When
we look at the constitution, as found in the " Red Book," or
Legislative Manual of the State, we see that it may be
naturally but somewhat roughly divided into four parts.
The first is a sort of great charter of liberties or enumera-
tion of the people's rights, which may never be taken away
or abridged by the people's rulers. This part of the consti-
tution is sometimes called the "Bill of Rights."^ The
second part states who may vote in New Yorjc, prescribes
the qualifications of voters, and the manner of conducting
public elections. The third part lays down the form and
framework of the State government, fixes the boundaries of
legislative and judiciary districts, and defines the powers
and duties of the State officers. The fourth part con-
tains miscellaneous provisions relative to the money, cred-
its, debts and laws of the State, relative to corporations,
public charities, the schools, the powers and duties of

> New York State Constitution, Article XIV., Section i.
2 See Chapter XI.

120 GOVERNMENT OF NEW YORK.

local officers, and the government of cities, counties and
villages.

Amending the Constitution. — In a government like ours
it is important for the freedom and safety of the people, that
ample opportunity be given to amend the constitution.
Otherwise constitutional government might become a
tyranny, and its only remedy a revolution. A constitution
that could not be changed when a majority of the people
wished it, would be like a house too small for a growing
family. To giv^ opportunity for the people to change their
constitution, the revised State constitution of 1894 provides
that, beginning with the year 1916, and every twenty years
afterwards, and also at such other times as the legislature
shall direct, there shall be submitted to the voters of the
State this question, " Shall there be a convention to revise
the constitution and amend the same ? " The constitution
may also be amended by any two consecutive State legis-
latures, agreeing by majority vote of all the members of
each house of both legislatures, to any proposed amend-
ment, and then submitting it to the voters of the State for
their adoption or rejection. If a majority of those voting vote
" yes " on ^proposed amendment it becomes the law, other-
wise it is rejected.

SUMMARY.

The constitution, adopted by the voters of the State, is its
fundamental law. The legislature may pass no law not in
accord with the constitution ; and no law is superior to the
State constitution, except the constitution and laws of the
United States.

The idea of the written State constitution may be traced
in the written charters of cities. Magna Charta is spoken

THE STATE CONSTITUTION. 121

of as a part of the English constitution. Most of the
British colonies in America had some form of written
charter as an outline of government. During the revolu-
tionary war these colonial charters were changed into State
constitutions.

New York's constitution contains a summary of the per-
sonal rights possessed by the people of the State, and lays
down the form and framework of the State government.

The constitution may be revised and amended by a con-
vention elected by the people for that purpose, which must
afterwards submit its work to the voters of the State ; or two
successive legislatures may submit any amendment to the
voters.

SUGGESTIVE QUESTIONS.

What is meant by the State constitution ? How does it
differ from other State laws ?

Describe in outline the various parts of the constitution of
New York State, What is meant by the " bill of rights,"
as contained in the constitution ?

Trace the beginnings of the idea of the written constitu-
tion, in (i) the ancient city charter, (2) Magna Charta, (3)
"Het Groote Priviligie," (4) the charters of the early
American colonies.

Describe the formation of the Fundamental Orders of Con-
necticut.

What law-making bodies were estabhshed by the New
York State constitution of 1777 ?

Name a provision of the State constitution that in-
dicates a distrust, on the part of the people, of the State
legislature.

When was our State constitution last revised ? By what

122 GOVERNMENT OF NEW YORK.

body ? Under what authority ? How did the revised draft
finally become law ?

Decribe the usual manner of amending the constitution.

ADDITIONAL READING.

Read Green's Short History of the English People, Chapter III.,
Sections II. and III., for an account of the origin and signing of Magna
Charta. Read the same work. Chapter IV.. Section IV., " The Eng-
lish Towns," for the growth and development of charter government
in English cities. For an account of charter government in the
American colonies, see Schouler's Constitutional Studies, Part I.,
Chapter II., "The Colonial Governments." For an account of the
transition from colonialto State government, see Woodrow Wilson's
The State, sections 1050 to 1065. On the nature, growth and de-
velopment of American State constitutions, read Bryce's American
Commonwealth, Vol. I., Chapters XXXVII. and XXXVIII.

CHAPTER XI.

Personal Rights.

Our forefathers went into the war of the revolution to
defend their personal rights. They did not want independ-
ence from Great Britain, so much as they wanted the right
to make an honest living as British subjects on American
soil. They did not want to be hampered by laws prohibit-
ing them from making horseshoe nails, or from building
vessels in which to carry their produce to market. They
wished to be allowed to trade with their neighbors, or
wherever they could get the most money for their goods,
and they did net want to be forced to pay taxes which they
had no part in assessing or collecting, and in the spending
of which they had no voice.

When the First Continental Congress met in Philadelphia,
in 1774, its members drew up a petition to Parliament and
king in which they said : " Permit us (in America) to be as
free as yourselves, and we shall ever esteem a union with
you to be our greatest glory and our greatest happiness."
The British home government rejected this appeal for free-
dom, and left the men of New York, Massachusetts, Vir-
ginia, and the other colonies, no choice but submission or
resistance by arms.

When the people of the thirteen colonies, in 1776, de-
clared Iheir independence of Great Britain, and began to set
up State governments of their own, naturally the first thing
they wished to make sure of was the preservation of their

123

124 GOVERNMENT OF NEW YORK,

personal rights. Accordingly we find standing first in nearly
all the State constitutions adopted during the revolution-
ary war, declarations of rights — rights which may never be
abridged or taken away from the people.

Declarations of Personal Rights in Early State Consti-
tutions.— Such a declaration of rights, placed at the head
of a newly-made State constitution, was usually known as a
" bill of rights " ; and these included nearly every impor-
tant personal right known to our liberty-loving ancestors.
Thus, the " bill of rights " at the head of Virginia's new
constitution, declared all political power to be vested in and
derived from the people, and that the magistrates and pub-
lic officers are the people's trustees and servants ; the Penn-
sylvania " bill " that all freemen have a right to elect or to
be elected public officers ; the Massachusetts " bill " that if
private property is taken for public purposes it must be
upon reasonable compensation; and the North Carolina
*' bill " that every person has an inalienable right to worship
God according to the dictates of his own conscience.

Called " Bills of Rights " from the English Bill of Rights
of 1689. — It is probable that these declarations of rights in
the newly-made constitutions, were called " bills of rights,"
in imitation of the great Declaration of Right, drawn up by
the English Parliament in 1689, after the tyrannical James
had been driven from England; this was presented to
William and Mary, and accepted by them before Parliament
would allow them to take the throne ; and afterwards it was
enacted into law under the title of the " Bill of Rights."
Like Magna Charta, the Bill of Rights of 1689, is often
spoken of as being a part of the English constitution.

The " Bill of Rights " in the New York State Constitu-
tion.— New York's constitution, adopted in 1777, did not at

PERSONAL RIGHTS. 125

first contain a formal " bill of rights," although it embodied
the utterances of the Declaration of Independence and in-
cluded an endorsement of the Dutch principle of freedom in
matters of religion. Before the close of 'the revolutionary-
war, however, a formal declaration of rights was placed in
our State constitution.

Looking at the constitution, as adopted by the voters
after the last revision, in 1894, we find standing first, and
before its various numbered sections this preamble :

" We, the people of the State of New York, grateful to
Almighty God for our freedom, in order to secure its bless-
vigs do establish this constitution^

There is here condensed in twenty-five words the history
of the authority for our State government. Following the
preamble is Article I. of the constitution, composed of
eighteen sections, being the New York " bill of rights."

Arbitrary Power Not to be Exercised. — Article I., Sec-
tion I of the State constitution reads : " No member of the
State shall be disfranchised or deprived of any of the rights
or privileges secured to any citizen thereof, unless by the
law of the land or the judgment of his peers." What does
this mean ? In plain words it means that no person of the
State, however poor or humble, may, without just cause, as
decided in a trial before a court of law, be deprived of his
right to vote, of any money or property belonging to him,
or of any other lawful right ; that if he loses any of his
rights, it must be in consequence of crime, of which he has
been found guilty by due process of law.

To understand fully this section of the constitution, we
must go back to the time when the English barons met
King John at Runnymede and forced him to sign the Great
Charter. In that charter there is a famous promise made

126 GOVERNMENT OF NEIV YORK.

by the king which reads : " No freeman shall be seized, or
imprisoned, or dispossessed, or outlawed, or in any way
brought to ruin, save by the law of the land ^ and the legal
judgment of his peers." John, we remember, had taken the
lives and property of his subjects for his own selfish pur-
poses. He had imprisoned men without trial or authority
of the law, and had tortured them to make them give up
their possessions. In this clause of Magna Charta he
promised to stop such abuses. Section i of Article I. of
our State constitution, is this famous promise of Magna
Charta applied to modern conditions.

Trial by Jury. — Section 2 of Article I. of the State con-
stitution reads : " The right of trial by jury in all cases in
which it has heretofore been used shall remain inviolate
forever." This fixes more firmly the guaranty against
arbitrary power given by Section i. Trial by jury is a part
of "the law of the land," or due process of law, by which
the guilt or innocence of a person accused of crime is to be
determined. It gives an accused person the right to de-
mand that a jury of twelve impartial men ^ shall examine in
open court the proofs of his innocence or guilt, and that
only after the twelve have decided him guilty, is he to be
punished. The jury is also used in determining the truth

i"The words 'by the law of the land,* as used in Magna Charta, are
understood to mean due process of law ; — that is, by indictment or present-
ment of good and lawful men ; and this, says Lord Coke, is the true sense
and exposition of the words." — Kenfs Commentaries. " By * the law of the
land 'is most clearly intended the general law — a law that hears before it
condemns, which proceeds upon inquiry, and renders judgment only upon
trial. The meaning is that every citizen shall hold his life, liberty and prop-
erty and immunities, under the protection of the general rules which govern
society." — Webster in the Dartmouth College Case.

' The jury in the court of the justice of the peace consists of six men.

PERSONAL RIGHTS. I27

in private disputes, wherein one person sues another in a
court of law. This right to a trial by a jury of twelve men
is a very old one, and its beginning may be traced in a
number of early English customs. When, in 1066, William
the Conqueror crossed the channel, defeating the English at
the battle of Senlac, he ordered a census of their houses,
lands and cattle to be taken. For this purpose he ordered
that twelve men in each neighborhood should give him the
facts, swearing to their truth. This was termed ascertaining
the facts " by inquest." ^ It had long been a custom of the
English people to settle disputes in folk meeting, where the
freemen of the hundred or shire gathered in hundred-court
or county-court to discuss and decide the public business.
At such meetings, both the person complaining and the
person defending himself, after swearing each to his side of
the matter, would, if possible, get twelve friends or neigh-
bors to swear that they believed him to be a truthful man.
It finally became a custom, about the time of King Henry
II., to have the facts in all such disputes left to an impartial
jury of twelve men, who were to ascertain the truth. Thus
arose the legal right of trial by jury.

The Right of Freedom of Conscience and Worship. —
Section 3 of Article I. of our State constitution guarantees
" the free exercise and enjoyment of religious profession and
worship without discrimination or preference," forever to
every person in the State ; and declares that " no person
shall be rendered incompetent as a witness on account of his
opinion in matters of religious belief." Thus, Catholic,
Protestant, Jew, and Agnostic, stand on an equal footing
under the law of New York. All have equal rights ; all may
vote or hold office. None is denied any public privilege.

* Hence, possibly, the origin of the term " Coioner's Inquest,"

128 GOVERNMENT OF NEW YORK.

But this liberty of conscience granted by the constitution,
may not be construed to protect vicious or immoral practices
carried on in the name of religion.

The Writ of Habeas Corpus.^—Section 4 of Article I. of
the State constitution preserves to the people of New York
the Writ of Habeas Corpus, and declares that this privilege
shall not be suspended " unless when in case of rebellion or
invasion, the public safety may require its suspension." The
writ of habeas corpus is an order that may be obtained from
a judge by the relatives or friends of a prisoner, command-
ing those restraining him to bring him into court, that it
may be lawfully decided whether or not he is justly and
legally restrained. The right to this writ or order is one of
the oldest and most highly-prized rights of the English-
speaking people. It is based on the famous promise of John
in Magna Charta, that no freeman shall be taken, or im-
prisoned, but by the lawful judgment of his peers.^ The
right to the writ of habeas corpus applies in all cases where
a person is believed to be unlawfully restrained.

Excessive Bail Shall Not be Required, Nor Cruel Pun-
ishments be Inflicted. — Section 5 of Article I. of the State
constitution reads : " Excessive bail shall not be required
nor excessive fines imposed, nor shall cruel and unusual
punishments be inflicted, nor shall witnesses be unreasonably
detained." As we shall see in another chapter,^ when a
person is arrested and accused of crime, instead of being put

* Habeas corpus, from the Latin, habeo, to hold ; and corpus, the body.

' Another clause in Magna Charta reads : " Nothing from henceforth
shall be given or taken for a writ of inquisition of life or limb, but it shall be
granted freely, and not denied." «« This important writ," says Mr. John
Fiske, " may have been the prototype of the writ of habeas corpus, and was
granted for a similar purpose,"

3 Chapter XVI., " How Criminals are Brought to Justice."

PERSONAL RIGHTS. 129

at once into jail to await his trial, he is sometimes allowed to
go free, on giving a pledge that he will appear in court to be
tried at a future time. Giving such a pledge is called
" giving bail," and this section of the constitution means
that a court or judge cannot require a pledge so large that
an accused person may not take advantage of this right.
All of Section 5, except the part referring to witnesses, is
taken word for wordirom the Bill of Rights of 1689.

Other Rights of Accused Persons. — Section 6, of Arti-
cle I., gives a person accused of crime the right to have the
matter examined by a grand jury,^ and the further right of
a public trial, at which the accused person is allowed to have
a lawyer to defend him. It also says : " No person shall
be subject to be twice put in jeopardy for the same offense ;
nor shall he be compelled to be a witness against himself; nor
be deprived of hfe, liberty or property without due process
of law ; 2 nor shall private property be taken for public use
without just compensation."

Private Rights, and the State's Right of Eminent

Domain As will be seen from the last section, the law

gives the people of the State the right to take private prop-
erty for public purposes. This right is called the right of
eminent domain. Under it the State can compel a man to

» See Chapter XVI., " How Criminals Are Brought to Justice."
' " It, (the phrase, * due process of law ') has long been in use among law
writers and judicial decisions as implying correct and orderly proceedings,
which are due because they preserv* all the securities for private rights which
are applicable to the particular case. In this sense it is synonymous with
Maw of the land,' as used in the famous thirty-ninth chapter of Magna
Charta, which declared that no * freeman shall be taken, or imprisoned, or
disseized or outlawed, or banished, or otherwise destroyed, nor will the king
pass upon him or commit him to prison unless by the judgment of his peers or
** the law of the land," ' The identity of the two in meaning and purpose is
now well settled." — Cooley, Principles of Constitutional Law.

I30 GOVERNMENT OF NEW YORK.

give up his house and land, if the premises are needed for a
pubHc institution, such as a schoolhouse, hospital, or park.
Under the right of eminent domain, we see that the in-
dividual holds his property subject to the greater right of
the people of the State; but the individual thus compelled
to yield his private rights, is under the constitution, entitled
to just and reasonable compensation.

The Right of Freedom of Speech. — Section 8, of Article
I. reads : " Every citizen may freely speak, write and pub-
lish his sentiments on all subjects, being responsible for the
abuse of that right ; and no law shall be passed to restrain
or abridge the liberty of speech or of the press." In prosecu-
tions for libel the truth may be given in evidence. These
are rights fully enjoyed in but few countries outside the
United States.

Freedom of Petition. — Section 9, of Article I. declares
that " no law shall be passed abridging the right of the peo-
ple peaceably to assemble and to petition the government or
any department thereof." This right has its origin in the
English Bill of Rights of 1689, in which it was declared
** that it is the right of subjects to petition the king and all
commitments and prosecutions for such petitions are illegal."

Rights in Land. — Other sections of Article I. declare
that the people of the State possess the original and ulti-
mate ownership of the land of the State ; and that any land
losing its private owner must j;evert to the State. Every
private owner of land is given full right to sell or dispose of
it, except that agricultural lands may not be leased for a
longer period than twelve years. No one may buy land
from the Indians without consent of the legislature ; and no
alien may own land in New York without formally declar-
ing his intention of becoming a citizen.

PERSONAL RIGHTS. 131

English Common Law and the Battle of Lexington. —
Section 16, of Article I. declares that all parts of the com-
mon law of England,^ not repugnant to the State constitu-
tion, which were in force in the colony of New York on
April 19, 1775, shall remain as a part of the law of the
State. This is the date of the famous battle of Lexing.
ton, in the beginning of the war of the revolution. After
that assault upon American liberty, the people of New York
no longer considered themselves as living under the laws of
Great Britain.

Civil and Political Rights.— The personal rights above
described, as guaranteed to the people of New York by the
State constitution, are known as civil rights, to distinguish
them from other rights known as political rights. Civil
rights belong equally to every man, woman and child of the
State, while political rights are more in the nature of special
privileges given to certain classes of people. Thus the
right to vote is a political right, and is given generally to
male citizens, twenty-one years old and over; while the
rights of freedom of speech, liberty of the person, personal
security, freedom of conscience, and the right to hold prop-
erty, are civil rights, belonging equally to all members of
the State, whether men or women.

Criminals May Lose Their Personal Rights. — A mem-
ber of the State loses his political rights, such as the right to
vote and to otherwise take part in the government of the
State, on being convicted of a felony ; and he cannot there-
after exercise these rights, unless restored to citizenship by
the governor. This is not the case, however, as regards the
civil rights of a convicted criminal. He is still entitled,
after serving the sentence imposed for his crime, to the pro-

1 See " Sources of State Law," Chapter XXV.

132 GOVERNMENT OF NEW YORK.

tection of the State in the enjoyment of his Hfe, Hberty, and
property; but a person condemned to prison /(?r /^<? loses
all property rights, and is regarded by the State as legally
dead.

SUMMARY.

Article I. of our State constitution, known as the " Bill of
Rights," guarantees the free exercise of many personal
rights to the people of the State.

Among the personal rights so guaranteed are freedom
of the person, the right of trial by jury, freedom of
conscience in religious matters, the right to the writ of
habeas corpus, reasonable bails and fines, humane legal pun-
ishments, reasonable compensation for private property
taken for public uses, freedom of speech, and freedom to
petition the government.

Many of these personal rights are inheritances from
Magna Charta, the English Bill of Rights of 1689, and
customs of our English and Dutch ancestors.

These personal rights belong equally to all the people of
the State, and are known as civil rights. They are distin-
guished from political rights, which are given only to certain
classes of citizens.

Criminals may lose both their civil and political rights.

SUGGESTIVE QUESTIONS.

What is the origin of the expression, " bill of rights " ?

In what part of our State constitution do we find the
" bill of rights " ?

What does the constitution mean when it says that no
member of the State shall be deprived of his rights " unless
by the law of the land, or the judgment of his peers " ?

PERSONAL RIGHTS,

m

Describe the duties of a trial jury.

What provision in the State constitution guarantees free-
dom of conscience ?

What is the writ of habeas corpus ? How is it obtained ?
For what purpose ?

What is bail ? What provision of the constitution guar-
antees the right of bail ?

Name three legal rights of a person accused of crime.

Describe the right of eminent domain. For what pur-
pose may it be used ?

What is meant by " freedom of petition " ?

What is the difference between a civil right and a politi-
cal right ? Have all citizens equal political rights ? Have
they equal civil rights ? How may a citizen lose his civil
and political rights ?

CHAPTER Xn.
The Right to Vote.

As we walk the streets of a city or village in New York
on the first Tuesday after the first Monday in November,
we see here and there groups of men gathered in front of
certain buildings designated as " polling places." Some are
hurrying into the polling places, or standing in Une waiting
for their turn to go in and vote. Others, having cast their
ballots, are coming out. A policeman, with club and badge,
stands near — the visible symbol of the law. Men of every
class — rich and poor, the merchant prince and the day
laborer, the hard-working farmer and mechanic, and the idle
fellow — all gather at the polling places on election day.

What is it all about ? Why is this voting going on ?
Because this is the manner in which the people of the State
of New York engage in the business of self-government.
Every man, as he puts his ballot into the box on election
day, is for the time being a part of the government, as much
as the sheriff who arrests a criminal, or the judge who
sentences him from the bench. On election day the voter
helps to choose public officers to do the public work. At
the polling place he says, " yes " or " no," to a proposed
State constitution. Here he votes for legislators to make
the laws, a governor to enforce the laws, and judges to in-
terpret the laws and to apply them in particular cases.
The individual voter, as he casts his ballot, is thus the
fundamental governing power in the State.
134

THE RIGHT TO VOTE, 135

Who May Vote. — The New York State constitution
says : ^ " Every male ^ citizen of the age of twenty-one years,
who shall have been a citizen for ninety days, and an in-
habitant of this State one year next preceding an election,
and for the last four months a resident of the county, and
for the last thirty days a resident of the election district in
which he may offer his vote, shall be entitled to vote at such
election in the election district of which he shall at the time
be a resident, and not elsewhere, for all officers that now are
or hereafter may be elective by the people, and upon all
questions which may be submitted to the vote of the people."
An exception to this is made in favor of soldiers and sailors
in time of war. They may vote, though they may not at
the time of voting be in their home election districts, and
their ballots will be counted as if cast in the home districts.

Who Are Citizens. — Who are citizens, and what is the
citizenship that gives a man the right to vote in New York ?
First, citizenship is a national rather than a State affair.
A person must be a citizen of the United States in order to
be a citizen of his State. " All persons born or naturalized
in the United States and subject to the jurisdiction thereof,
are citizens of the United States and of the State wherein
they reside," reads the fourteenth amendment of the United
States constitution. A law of the United States ^ also de-
clares that all persons born out of the country but of citizen
parents are citizens. Citizenship, for purposes of voting in
New York State, implies therefore :

I. That the voter must have been born in the United

> Article II., Section i.

*By State law of 1901, women taxpayers are allowed to vote in town and
village elections on propositions involving the spending of the public money.
'United States Revised Statutes 2d ed., Section 1993, Title 25.

136 GOVERNMENT OF NEW YORK.

States, and that he is not the subject of another na-
tion; or

2. That, if born out of the United States, he is the child
of parents who are citizens ; or

3. That, though born in another country, he has been
naturalized as a citizen of the United States.

Some States allow immigrant residents, who have de-
clared their intention of becoming citizens of the United
States, to vote; but in New York only the full-fledged
male citizen, twenty-one years of age or over, may vote at
the general elections. The State confers the right to vote
and fixes the qualifications of the voter in all elections.

How an Alien ^ May Become a Citizen. — A foreigner
who can speak English may become a citizen of the United
States, and thus a citizen of New York State, by :

1. Living five years continuously in the United States,
and one year in the State where naturalization is sought ;

2. Making oath before a court of record ^ at least
two years before his admission to citizenship, that it is
his intention to become a citizen and to renounce forever
his allegiance to any foreign state or ruler, and to re-
nounce any foreign titles or orders of nobility he may
hold;

3. Making a formal petition, in due form ; and

4. Taking an oath to support the constitution of the
United States.

The court must also be satisfied, by the evidence of
the applicant and of two witnesses, that the applicant for
citizenship has during the year before he takes this oath

1 An alien is a person born in a foreign country and not a subject of the
United States.

2 A court which has a clerk and an official seal.

THE RIGHT TO VOTE. 137

behaved as " a man of good moral character," attached to
the principles of the constitution of the United States,
and well disposed towards the good order and happiness of
the same.^

Some Exceptions to the Rule. — An alien, over twenty-
one years of age, who has been honorably discharged from
the army or navy of the United States, may take the oath
admitting to citizenship, without any previous declaration of
his intention to become a citizen, if he has lived a year in
the United States and is a person of good moral character ;
it being thought that a man willing to fight for the country
is entitled to the rights of a citizen of the country. Minor
children of naturalized parents, living in the United States,
are considered as citizens ; and the naturalization of a hus-
band makes his wife a citizen ; but New York does not
allow a woman citizen to vote except at school district elec-
tion s.^ Indians not taxed and Chinese are excluded from
citizenship ; and idiots, lunatics, and criminals sentenced to
State prison, are not allowed to vote.

The people of New York seem to have a growing feeling
of the importance and value of citizenship in the State, and
desire only the best people from foreign lands to become
citizens here ; so in order to prevent the hurried naturaliza-
tion of unfit persons on the eve of election, the people placed
in the constitution of 1894 the rule that a man must be a
citizen of the United States for at least ninety days before
being allowed to vote. Thus a naturalized citizen who has
not been naturalized at least ninety days before an election,
may not vote at that election.

> United States Revised Statutes, 2d ed.. Section 2165, Title 30.
2 See note, "Voters at School District Meetings," Chapter XVIIL, " The
Public Schools; " also note, page 135.

138 GOVERNMENT OF NEW YORK.

Citizens May Lose the Right to Vote. — A man convicted
of bribery or of desertion from the army or navy of the
United States, or of an infamous crime punishable in a
State prison, loses the right to vote, unless afterwards re-
stored to citizenship. A person convicted of accepting
money or any other bribe for voting, loses the right to vote
for five years. A person who bets on the results of an
election is also disqualified for voting at that election ; and
no person may vote at a general, special, or city election in
New York, unless he has registered his name and address
with the election officers at least ten days before the elec-
tion. This helps to prevent fraudulent voting, by giving the
officials and others interested, an opportunity to look up the
person registering and to find out if he be entitled to vote.
This rule requiring registration does not apply in town
elections, or in villages having a population of 5,000 or less,
except by special law of the State; it being supposed that
in such small places every voter is known, and that oppor-
tunities for illegal voting are consequently small.

In School District Meetings. — In the school district elec-
tions held in the country districts of the State, the men and
women of the district, who are citizens of the United States
and of full age, and who own or rent houses or lands in the
district, or who pay taxes on personal property of the value
of fifty dollars in the district, or who have living with them
children who have attended the district school for at least
eight weeks during the year, meet and vote much as in the
town meeting. The women join with the men in electing
school officers and in determining the amount of money to
be raised and expended for school purposes.

Voting a Political Right. — The right to vote is a political
right rather than a civil right. That is, the right to vote is

THE RIGHT TO VOTE. I39

not a right inherent in a citizen of a State, like the right of
freedom of speech, or of Hberty of conscience ; but it is a
privilege to participate in the government, conferred upon a
certain class deemed competent to exercise it. Thus while
the constitution guarantees to all persons in the State — men,
women and children — the exercise of the civil right of free
speech, it limits the general political right of voting to cer-
tain male citizens, twenty-one years of age and over. A
State has power to restrict or extend the right to vote ; but
the United States constitution, Amendment XV., forbids
any State to abridge or deny the right of any citizen to
vote " on account of race, color, or previous condition of
servitude."

Voting a Duty. — No man enjoying the protection of the
laws, and wishing to see them faithfully executed, and the
public business properly performed, should fail to exercise
his right to vote ; for constitutions and statutes avail but
little in the ordinary management of public affairs, unless
they have back of them honest, faithful, and efficient public
officers. How the people of New York vote, and the
manner of choosing public officers, are described in detail in
Chapter XX., "The Conduct of Public Elections."

History of the Suffrage. — At the time of the Revolu-
tionary War the male landowners, as a rule, constituted
the voters. Early in the nineteenth century citizen suffrage
was substituted for landowners' suffrage. In 1870 the
Fifteenth Amendment forced negro suffrage upon the
States. Later the privilege of voting gradually assumed
a position of more importance. The States of Connecti-
cut, Massachusetts, Maine, Delaware, California, and
Wyoming require the citizen to be able to read and write
before allowing him to vote. Mississippi, Louisiana, Ala-

I40 GOVERNMENT OF NEW YORK.

bama, and the Carolinas have adopted provisions which
WDrk to exclude negro iUiterates from the suffrage, but by
indirect methods admit most native whites. Many States
allow women to vote at school elections. Wyoming,
Colorado, Utah, and Idaho have equal suffrage for both
men and women.

SUMMARY.

The ordinary citizen takes part in the government of his
State when he votes at public elections.

The general right to vote in New York is confined to
male citizens of the United States, twenty-one years of age
and over, but exception is made in favor of certain women
in school-district, town and village elections.

Aliens, resident for five years in the United States, may
become citizens on making formal declaration of their inten-
tion so to do, and on taking the oath of allegiance.

The United States confers citizenship, but the State con-
fers the right to vote.

SUGGESTIVE QUESTIONS.

Is the right to vote a civil or a political right .?

What government in this country confers the right to
vote.'* What government confers citizenship.''

Mention five requirements of a legal voter in New York
State.

Who are citizens ?

How may an alien obtain citizenship in the United
States ?

Mention three ways in which a citizen may lose his vote
at a particular election.

CHAPTER XIII.

Departments of State Government — The Legisla-
ture.

If we go through a large cotton manufactory, during the
height of the busy season, we see in one part of the factory
huge bales of cotton fiber brought in from the trucks, un-
packed and assorted. In another part we hear the roar of
machinery, as clashing looms and flashing shuttles lengthen
inch by inch the new-made woof into good cloth. In
another department we see this cloth in the process of
bleaching ; while in a fourth, busy packers and shippers are
preparing to send it to market. In still another part of the
establishment is the manager's office, with its small army of
clerks and bookkeepers. Each department has a different
work to do, but all are working harmoniously for a common
purpose. As in the manufactory, so in the vast and com-
plicated business known as the government of the State, the
work is carried on in different departments, yet all with the
single aim of service to the people.

Three Departments of Government. — There are, as we
have seen, three general departments running through the
government of the United States, the governments of the
several States, and the local governments of town, village,
city, and county, organized under the government of the
State. These are the Legislative, Executive, and Judiciary
Departments. The legislative department makes the laws.
The executive department enforces the laws, and the

141

142 GOVERNMENT OF NEW YORK,

judiciary department interprets the law, and applies it in the
trial of criminals and civil suits at law. The legislative de-
partment is represented in the State by the legislature, in
the county by the board of supervisors, in the town by the
town meeting, in the city by the common council or board
of aldermen, and in the village by the board of village
trustees. The head of the executive department of the State
is the governor, of the city the mayor, and of the village the
village president. It is not so easy to point out the executive
head of the county and the town; for while the sheriff may
be the most important county executive officer and the
supervisor the most important executive officer of the town,
neither sheriff nor supervisor can be said to be over or
superior to the other county and town executive officers.
The judiciary department is composed of courts and judges.
Three Departments Not Always Separate and Dis-
tinct.— While the work of these three departments is, as a
rule, quite separate and distinct, each department having its
own officers usually unconnected with the other depart-
ments, there are many public officers who perform duties in
more than a single department. Thus the governor of the
State, while at the head of its executive department, is an
important part of the legislative department, most bills
before becoming laws being approved by him. The gover-
nor also exercises judicial functions in reviewing the facts in
cases where criminals sentenced by the courts appeal to him
for pardon or commutation of their sentences. In other
countries there is often much less separation of the three
departments of government than in ours. Thus, in Eng-
land, the cabinet, comprising the chief executive officers of
the government, is composed of active members of the
British Parliament, the law-making body ; while in such

THE LEGISLATURE. 143

countries as Morocco and Siam the head of the state is at
once the chief law-making, law-enforcing and law-interpret-
ing power.

Development of the State Legislature. — In our study of
the town meeting we saw the freemen of the ancient Ger-
man mark gather beneath some giant oak, parcel out the
common land, and decide upon the rules for its cultivation.
In the German tribal assembly we saw warriors from the
different villages meet in field or forest to debate questions
of peace or war. We heard their shouts of opposition, or
the clashing of spears on shields as they signified their as-
sent to some favored proposition. Such were the rude be-
ginnings of legislation among our German ancestors.
Later, in the English shire meeting, the " reeve and four
discreet men" from each town in the shire, were sent to take
the place of the original primary assembly of freemen now
grown too large to handle conveniently. In the shire meet-
ing laws were thus made by representatives of the people,
instead of directly by the people, as in the mark meeting
and the town. Our modern State legislature is a still
further extension of the principle of law making by the peo-
ple's representatives, and over a much larger territory than
the English shire.

New York's Legislature. — The State legislature derives
its authority to make laws from the constitution adopted by
the voters of the State ; and it is composed of representa-
tives chosen by these voters. It meets regularly once a
year on the first Wednesday in January at the State capitol
at Albany. It comprises two divisions, or "houses" — a
Senate of fifty or more members elected biennially, and
an assembly of 1 50 members elected annually. Each house
has its separate meeting place or " chamber," magnificently

144

GOVERNMENT OF NEW YORK,

decorated and furnished in the State capitol building. The
lieutenant governor of the State is the presiding officer of
the senate, but he does not vote in that body except in case
of a tie. The assembly elects one of its own members to
preside over it. He is called ** The Speaker," and he may

SENATE CHAMBER, ALBANY, N. Y.

vote on all measures coming before the assembly. A ma-
jority of each house constitutes a quorum for the purpose
of doing its ordinary business, and the members receive an
annual salary of ;^ 1,500 each, paid out of the State treasury.*

* In addition travelling expenses of ten cents a mile are allowed each mem-
ber, from his home to Albany and return, once during each session of the
legislature.

THE LEGISLATURE, 145

The Legislature and the People. — The legislature, thus
constituted, is in theory the servant of the people, created by
the people through the constitution, and empowered to
make laws for the State. In town meeting we see the
voters decide directly, "yes" or "no" propositions affecting
their interests. In the legislature we see representatives of
the people, chosen by the voters, deciding for the people.
Why do we not have direct democratic government in the
State at large, as in the town meeting ? As in the case of
the English shire and the modern American county; prin-
cipally because it would be impracticable for all the voters
of the State to meet and vote directly upon the complicated
matters involved in the vast public business of the State.
So the people, through the constitution, have provided that
the State shall be divided into senate districts, and into as-
sembly districts, and the voters in each senate district choose
every two years a senator, and the voters in each assembly
district every year an assemblyman, to speak and act for
them in matters of law making left to the State legislature.

Why a Legislature of Two Houses. — ^Why do the peo-
ple choose a legislature of two houses with varying terms
of office ? Could not a single legislative house do the work
in a manner satisfactory to the voters ? Yes, and no. A
single legislative body chosen to-day may represent to-day
the views of a majority of the voters upon some burning
public question. Six months from to-day the sober second
thought of the majority may modify or entirely change its
former view of the question at issue. If there be a second
legislative house elected for a term of office differing from
the first, the sober sense of the mass of the people is likely
to be in the long run better represented than by a single
house. Two legislative houses act as checks upon each

146 GOVERNMENT OF NEW YORK.

other, and tend to prevent the making of careless, ill-timed
and hasty laws. It is also, however, more difficult to get
a good law passed by two houses than by one. A few
States^ began with a legislature of a single house, but
they soon gave up the plan. New York's two-chambered
legislature grew naturally out of the old provincial assem-
bly, composed, first, of the governor's council, and second,
of representatives elected by the people of the counties.

Legislatures May Misrepresent the People. — It has been
said that the legislature is in theory the servant of the peo-
ple, carrying out in its acts or laws the wishes of the people
who have elected it. In practice, however, a legislator in a
modern American State may be anything but the people's
servant. A senator or assemblyman, once chosen, is under
the law absolutely independent of the people of his district.
He may vote against their interests, and as long as he vio-
lates no law of the State, the people have no relief against
his ^/^-representation, except to elect another man in his
place when his term of office expires. To remedy partially
this apparent defect in our present form of representative
government, it is proposed by some to make what is known
as the Initiative and Referendum a part of the State funda-
mental law. Under the initiative and referendum it is pro-
posed, when a certain number of voters petition for a law,
that the legislature shall frame the proposed law and
submit it to a vote of the people for adoption or rejection,
much as amendments to our State constitution are now sub-
mitted. The petition of the voters for a proposed law is
known as the initiative, and its submission by the legislature
to the voters as the referendum. Such a practice would
involve a considerable extension of the principle of direct

> Pennsylvania, Georgia, and Vermont.

THE LEGISLATURE. ' I47

democratic government. The initiative and referendum
is in use in several other States, and in Switzerland.

The Constitutional Convention. — An important part of
the State legislative department is the constitutional con-
vention, elected from time to time, by the people, for the
purpose of revising the constitution or of preparing amend-
ments to it. The manner of electing the members of a con-
stitutional convention, and of submitting the work of the
convention to the people, has been described in a previous
chapter.

SUMMARY.

State and local government is carried on in three depart-
ments, legislative, executive and judiciary.

The legislative department makes laws, the executive
department enforces the law, and the judiciary department
interprets the law and applies it in particular cases.

The legislature, composed of a senate of fifty or more
members and an assembly of one hundred and fifty mem-
bers, is the chief constituent of the State's legislative de-
partment.

The legislative houses act as checks upon each other to
prevent ill-advised and hasty legislation.

SUGGESTIVE QUESTIONS.

What are the departments of State government } De-
scribe generally the purposes of each.

Describe the constitution of the New York legislature.

How do the powers of the speaker differ from those of
the lieutenant governor, while presiding over the senate }

What are the advantages and disadvantages of a legis-
lature composed of two houses instead of one ?

What is meant by initiative and referendum }

CHAPTER XIV.

The Legislature— (Continued).

Every ten years the people of New York are counted-
for the purpose of apportioning senators and assemblymen
among them. This count takes place in the years ending
with the figure 5. On the result of such count or " census,"
as it is called, are fixed the boundaries of the senate and
assembly districts.

Senate Districts and Senators. — ^The State constitution ^
says that the ratio for apportioning senators shall always be
found by dividing the whole number of inhabitants of the
State, aliens excepted, by fifty. Thus if the State at a par-
ticular census be found to contain a population of ten mil-
lions, each 200,000, or one fiftieth part of the whole, would
be entitled under the ratio, to elect one State senator. This
strict mathematical rule is not however carried out in prac-
tice ; for the constitution further says, that in forming senate
districts, no county may be divided, except to form two or
more districts wholly within it ; and further, that no one
county may have more than one third of all the senators ;
and that no two counties joining each other may have more
than one half of the senators of the State. This rule is
intended to prevent a small section of the State, with a
preponderance of population, from making laws in the
interest of the section as against the interests of the State
as a whole.

> Article III., Section 4.

149

THE LEGISLATURE. 151

When There May be a Senate of More than Fifty Mem-
bers.— Though the ratio for apportioning State senators
among the people is one fiftieth of the entire population, the
senate is not limited to exactly fifty members. " The senate
shall always be composed of fifty members," says the constitu-
tion, " except, that if any county, having three or more sen.
ators at the time of any apportionment, shall be entitled on
such ratio (the population of the State divided by fifty) to an
additional senator or senators, such additional senator or sen-
ators shall be given to such county in addition to the fifty " ;
and the whole number of State senators shall be increased
by the additional number allowed the particular county.
In the apportionment made after the census of 1905, Kings
county was given eight senators instead of the seven it
formerly had ; so for the following ten years the number
of State senators was made fifty-one. For the senate dis-
tricts, see pp. 148, 66.

Assembly Districts and Assemblymen. — The quotient
obtained by dividing the entire population of the State,
aliens excluded, by the whole number of assemblymen, is
the ratio for apportioning assemblymen among the people ;
but each of the sixty counties of the State organized before
1894 must have at least one assemblyman, except the Adi-
rondack counties of Fulton and Hamilton, which together
have but one. Under this rule every part of the State has
its representative in the more popular branch of the legis-
lature. Every county having a population of one and
one half times the ratio, or more, must have at least two
assemblymen. The remaining assemblymen are appor-
tioned among counties having a population of more than
two ratios, and in proportion to the population of each.

152 GOVERNMENT OF NEW YORK,

In the apportionment for 1906-1916, New York county
has thirty-five assemblymen ; Kings, twenty-three ; Erie,
nine ; Monroe, five ; Queens and Westchester, four each ;
Albany, Oneida, and Onondaga, three each ; Chautauqua,
Dutchess, Jefferson, Niagara, Orange, Rensselaer, St. Law-
rence, Steuben, Suffolk, and Ulster, two each ; forty other
counties, one each; and Fulton and Hamilton together, one.

The board of supervisors of any county, entitled to more
than one assemblyman, divides the county into assembly
districts. Where the county has no supervisors, and its
limits are included within the limits of a city, the common
council of the city divides the county. No town and no
city block may be divided in forming assembly districts.

Representation of New York City in the Legislature.
— The four counties embraced in the city of New York
have together twenty-one senators out of the total fifty-one,
and sixty-three assemblymen out of the total 1 50. The city
therefore elects more than two fifths of the legislature ; and
to defeat a measure supported by the whole city, the rest
of the State must be pretty well united in opposition.

Who May be Elected to the Legislature.— The people
may elect any citizen of the State twenty-one years of age,
to either the senate or assembly ; but no person may be a
member of the legislature and hold at the same time an-
other public office. The same is true of a person who,
within one hundred days of his election as senator or
assemblyman, has been a member of Congress, or a civil or
military officer of the United States, or an officer of any
city government.^ These are rules adopted by the people
to keep the lawmakers free from the influence of other de-
partments of government, and free from national or local
» New York State Constitution, Article III., Section 8.

THE LEGISLATURE. 153

influences that might interfere with their impartial action in
favor of the State.

Organization — The first work of each house of the
legislature on meeting in January, is to organize by choos-
ing its officers. The assembly, as we have seen, elects its
speaker, and each house elects, from outside its member-
ship, a clerk to keep the journal, a sergeant-at-arms to
maintain order, a chief doorkeeper and some other officers.
Many minor officers and assistants are appointed by the
clerk, and many by the presiding officer of each house.

The choice of officers is conducted on party lines. In
each house the members belonging to each political party
hold unofficial meetings by themselves, called ** caucuses."
The elective officers of each house are really chosen in the
caucus of the majority party. The caucus of each party
also selects a leader to look after the interests of the party
during the session ; and from time to time the caucus may
meet on call of the leader to decide what position the party
shall take on proposed laws.

How State Laws are Made. — First, a proposed law, or
" bill," as it is called, is introduced by some member of the
senate or assembly, who thus becomes sponsor for the bill.
If in the assembly, the bill goes to the clerk of that body
and from him to the speaker, who at the proper time
announces its introduction and reads the title of the bill.
This is called ** the first reading of the bill." In the
senate each senator personally introduces his own bills.
After its " first reading " a bill is printed and is sent ^ by
the presiding officer to a committee previously appointed
by him to consider proposed laws upon similar subjects.

Committees of the Legislature. — The members of each

^ After " first reading " in assembly; after " second reading " in senate.

154 GOVERNMENT OF NEW YORK.

house — senate and assembly — are, at the beginning of each
session of the legislature, divided into committees to con-
sider proposed laws. In the assembly the members com-
posing such committees are named by the speaker;^ in the
senate by the Heutenant governor or other presiding officer.^
In both senate and assembly standing committees, of from
five to fifteen members each, are appointed on each of
such subjects as finance, judiciary, affairs of cities, canals,
commerce and navigation, insurance, railroads, taxation and
retrenchment, internal affairs of towns and counties, public
education, affairs of villages, agriculture, revision, rules.^
Besides its standing committees, each house may have a num-
ber of select or special committees to consider matters out-
side the Hnes of ordinarily proposed legislation. On each
committee, as a rule, a majority of members are from the
majority party, and a minority from the minority party.
The speaker acts as chairman of the assembly committee
on rules.

Work of the Legislative Committees. — When a bill,
after its introduction, has been referred to the proper com-

1 The speaker, as presiding officer, is addressed by any members rising to
speak in the assembly; and no one can "have the floor" until the speaker
has "recognized" him. As chairman also of the committee on rules, the
speaker exerts a powerful influence on legislation, and is a more important
officer than the heutenant governor.

2 The lieutenant governor is the constitutional president of the senate;
but the Constitution, Article III., Section lo, provides that the senate shall
choose a temporary president (president /r^ tempore), in case of the absence
or impeachment of the lieutenant governor, or in case he refuses to act as
president, or is acting as governor.

^ A complete list of the standing committees of senate and assembly, with
the members composing them at any session of the legislature, may be found
in the " Red Book," or State Legislative Manual for that particular year. The
Red Book contains also much other valuable information.

THE LEGISLATURE. 155

mittee, its members proceed to hear the arguments both
for and against it. These hearings may be pubHc, and
prominent men on both sides of the question may be invited
to present their views. After sufficient consideration, and
perhaps alteration of the bill, the committee reports it either
"favorably" or "unfavorably" to the house in which it
originated. An " unfavorable " report is often sufficient to
" kill the bill," that is, to prevent further action being taken
in its favor; but not always. Sometimes a committee
makes no report on a bill unless ordered to do so by the
house. Failure to report upon bills is an effective way of
preventing much undesirable legislation. The great ad-
vantage of the committee system is that it enables the leg-
islature to do more business than it otherwise could. For
lack of time, the full house can give careful consideration
to only a few bills. By means of committees the work is
practically divided.

The committee system has been extended also to include the work
of investigating various questions and problems on which the legislature
may need to pass laws. Thus a commission of members of either house,
or a joint commission of members from both, may be instructed to take
evidence concerning the conduct of insurance companies, or the govern-
ment of cities, or the con-uption of public officials. Such a commission
may hold meetings at Albany and elsewhere, and may even sit while
the legislature is not in session.

Debating Proposed Laws. — When a bill has been for-
mally reported to senate or assembly by the committee
having it in charge,^ it may then be taken up section by
section, debated, amended if thought necessary, perhaps
recommitted to the original committee or some other com-

1 If the bill has been amended by the committee, it must be again printed
to show the changes made.

156 GOVERNMENT OF NEW YORK.

mittee for further consideration and report,^ and finally-
agreed to by a majority of the house. Such favorable ac-
tion is called passing a bill " on its second reading ";2 or
the bill may be defeated, on motion to pass it on a second
reading. A bill passed on its second reading ^ is then printed
in its final form, and it cannot be afterwards changed. In
this final form the bill must lie for three legislative days
(unless the governor certify that the bill should at once
become a law) on the desks of the members of the house,
before it can be passed on its " third " or final reading.^
This deliberation gives each legislator an opportunity to
examine carefully all bills before finally voting upon them.
"Committee of the Whole." — Before its final passage on
third reading, a bill is often considered and debated in what
is termed " Committee of the Whole." The committee of
the whole includes the entire senate, or the entire assembly.
In committee of the whole the strict formal rules of the
legislative body are laid aside, the speaker or other presid-
ing officer leaves the chair, naming some member of the
house to take his place, and free and informal debate upon
the merits of the proposed law is indulged in. When such
discussion is completed, the committee of the whole resolves
itself into senate or assembly, as the case may be, and the
chairman of the committee reports what action has been
taken. The committee of the whole cannot conclude any

* A bill sometimes includes provisions that fall within the province of more
than one committee. There is also a revision committee in each house. Fur-
thermore, three competent persons are engaged by the temporary president
of the senate and the speaker of the assembly to give expert assistance in the
drafting and revision of proposed bills, whenever asked by either house of the
legislature, or by any committee or member.

^ In the assembly ; the senate acts in committee of the whole at this stage.

* New York State Constitution, Article III., Section 15.

THE LEGISLATURE. 157

business and cannot adjourn ; it is simply a legal fiction for
securing freedom of debate.

Bills Must Pass Both Houses.— A bill, after passing the
house in which it originated, goes to the other house, where
it is referred to the proper committee to go through a pro.
cedure similar to the one in the house where it originated.
No bill may become a law, except by the assent of a ma-
jority of the members elected to each branch of the legis-
lature.^ If the two houses disagree on some parts of a bill
which both wish to pass, they may appoint conference com-
mittees to act together in reconsidering the bill. The form
of the bill recommended by such committees (often a com-
promise) may or may not then be passed by both houses.

Whenever public money is appropriated for any purpose,
at least three fifths of the members of each house must be
present when the vote is taken.^ Bills appropriating pub-
lic money for private purposes, must receive a two-thirds
affirmative vote of the members elected to each legislative
house, in order to become laws.^ These restrictions are
placed on the legislature by the people of the State, in
order to prevent a careless and hasty spending of the public
money.

Action by the Governor on Bills. — Bills which pass in
both senate and assembly, go to the governor of the State
for his signature. If the governor approves a bill, he signs
it and it becomes a law. If he disapproves it, he returns
it to the house in which it originated, with a statement of
his objections. This is called the "governor's veto" of the
bill. The bill may then be reconsidered, and if finally ap-

1 New York State Constitution, Article III., Section 15.

2 New York State Constitution, Article III., Section 25.
^ New York State Constitution, Article III., Section 20.

1S8 GOVERNMENT OF NEW YORK.

proved by two thirds of the assembly and two thirds of the
senate, it becomes a law without the governor's signature.^

If a bill sent to the governor be not returned by him
within ten days (Sunday not counted) after it is presented to
him for his signature, it becomes a law without his signa-
ture, if the legislature is still in session. On adjournment
of the legislature, the governor has thirty days in which
to consider unsigned bills in his possession. If he sign
them within that time, they become laws ; if not, they fail.

In an appropriation bill the governor may veto one or
more items while approving the rest; thus practically divid-
ing such a bill into two parts, one of which is vetoed while
the other becomes law.

The governor, though the head of the executive depart-
ment, is thus an important part of the law-making power.
For through his veto, he may prevent the passage of ill-ad-
vised and hasty measures, by compelling their reconsidera-
tion by the legislature.

What the Legislature May and May Not Do.— The leg-
islature may enact any general law, applying to the people
of the whole State, that is not in conflict with the constitu-
tion and laws of the United States ^ and the State constitu-
tion. Similarly the legislature may also repeal any law
previously enacted. Each legislative house makes its own
rules, and judges of the qualifications of its members. The
legislature is prohibited from enacting private or local laws
in the following cases :

Changing names of persons ; laying out or affecting roads or drain-
ing swamps ; locating or changing county seats ; locating or changing

1 New York State Constitution, Article IV., Section 9.

2 For Acts forbidden a State by the Constitution of the United States, see
" Acts Forbidden to the Governments of the Several States," Chapter XXII.

THE LEGISLATURE 159

venue in civil or criminal cases ; incorporating villages ; providing
for electing supervisors or summoning jurors ; regulating the rate of
interest on money ; conducting elections ; creating or changing fees
of public officers during their term ; granting the right to lay railroad
tracks ; granting to any private corporation, association or individual
any exclusive privilege, immunity or franchise; providing for build-
ing bridges, except oh the Hudson below Waterford, on the East
River, or over waters forming the boundaries of the State. But the
legislature may pass general laws applying to any of these subjects.

The legislature may not audit or allow any private claim
against the State, but it may grant money for the payment
of claims, after they have been audited and allowed by the
proper public officers.

By imposing these and other restrictions on the legislature (pp. 125-
131, 156, 157), the people to some extent show distrust of it; but this
distrust exists to a much greater extent in some other States. In most
of the States the legislature meets only once in two years ; many States
fix a time limit for sessions of the legislature ; and several have adopted
the initiative and referendum (p. 146). This distrust is shown also in
the fact that the newer State constitutions are generally longer than the
old ones, because they contain so many minute provisions which might
have been left to the legislature to make. The Constitution of Okla-
homa, an extreme case, is many times as long as the Constitution of the
United States, and several times as long as the older State constitutions.

Not only do the State constitutions differ greatly in detail, but the
laws passed by the different legislatures are widely diverse. On some
subjects this diversity is proper and wise, because local conditions vary
in the several States, and laws suited to one State may be unsuitable
for another. But, on the other hand, frauds, immorality and other
serious evils have been fostered by diversity in laws governing marriage
and divorce, the regulation of corporations and some other subjects.^

1 In 1908 the President of the United States invited the governors of all
the States to meet in Washington to discuss some subjects requiring State
legislation. The assemblage was often spoken of as the " House of Govern-
ors." Other meetings of a similar unofficial character have been held since

i6o GOVERNMENT OF NEW YORK.

State Finances. — One of the most important duties of
the legislature is to control the finances of the State : levy
taxes and decide what appropriations shall be made. The
State has borrowed large sums for the improvement of
highways and canals ; the legislature provides for paying
the interest on this public debt and for paying the princi-
pal when due. The ordinary running expenses of the
State are more than ;^30,poo,ooo a year, of which nearly 1 5
per cent is for the various State administrative depart-
ments; about 4 per cent for the legislature (and legislative
printing), 4 per cent for the State courts, 4 per cent for
prisons and reformatories, and 30 per cent for charitable
purposes, hospitals for the insane, etc. ; more than 20 per
cent for educational purposes; about 2 per cent for the
organized militia, and about 1 5 per cent for pubUc works,
such as highways, public buildings, etc.^

Freedom of Speech and the Legislature. — Each legisla-
tive house — senate and assembly — is the sole judge as to
whether its members have been properly elected to it, and
as to whether or not they are entitled to seats in it. No
member of either house may be made to suffer, under the
law, for any speech he may make in the legislature, or for
any information he may furnish to enable it to perform its
duty to the people. This is a rule of law placed by the
people of the State in the constitution 2 for the purpose of
giving members of the law-making branch of the govern-
ment absolute freedom in their discussions of what is for
the best interests of the State. It is similar to a provision

then, and by the interchange of opinion they have a tendency to lessen the
diversity of State laws.

1 For the revenue of the State, see Chapter XIX.

2 New York State Constitution, Article III., Section 12,

THE LEGISLATURE. i6l

in the English Bill of Rights of 1689, in which it was de-
clared that '♦ freedom of speech and debates or proceedings
in parliament ought not to be questioned in any court or
place out of parliament."

Election of United States Senators. — An important duty
of the legislature is the election of senators to represent the
State in the United States senate. When a United States
senator is elected the two houses sit in joint session — that is
the senate and assembly meet as a single body — and vote at
least once a day till a senator has been chosen by a major-
ity of the votes cast.^

Power to Impeach and Remove Public Officers. —
A public officer guilty of wrongdoing, may be tried and
removed from office by what is called the process of im-
peachment. In such cases the assembly makes a formal
charge against the offending officer, reciting the facts of his
wrongdoing. This charge is called the impeachment. The
impeachment is heard by the members of the State senate,
the judges of the State court of appeals, and the lieutenant
governor, sitting together as a court for the trial of impeach-
ments. A majority of the senators and judges must be
present to constitute this court, and a two-thirds vote of all
present is necessary to convict the accused public officer,
who, if declared guilty, may be removed from his office and
disquahfied from holding any other office of honor, trust, or
profit under the State. Besides his impeachment and re-
moval from office, a public officer found guilty of wrong-
doing may be punished like a common criminal, by sentence
of the ordinary courts of the State.

Other Legislative Powers. — It is provided by State law
that the governor shall appoint many important public offi-

i See " Election of Senators," Chapter XXIII.

1 62 GOVERNMENT OF NEW YORK.

cers, " by and with the advice and consent of the senate."
Under this provision the governor names the persons to fill
certain offices, sending these " nominations," as they are
called, to the senate, which then, by majority vote, confirms
or rejects them. This power of the senate to reject a
nomination to office is an important check in preventing
possible bad appointments.

SUMMARY.

Senators and assemblymen are apportioned among the
people of the State on the basis of population. For this
purpose a State census is taken every ten years.

The ratio for apportioning senators is one fiftieth of the
State's population, and the ratio for apportioning assembly-
men is the whole population of the State divided by the en-
tire number of assemblymen.

Every county in the State, except Fulton and Hamilton,
is entitled to at least one assemblyman ; and the supervisors
of a particular county, entitled to more than a single assem-
blyman, divide it into assembly districts.

Any citizen of the State is generally eligible for the office
of either senator or assemblyman ; but no man while a
member of the State legislature may hold any other public
office.

Laws are made by their passing both senate and assem-
bly by a majority vote in each. They are then signed by
the governor. The governor may veto a proposed law, but
it may be re-passed over his veto by a two-thirds vote of
both senate and assembly.

The legislature is prohibited by the constitution from en-
acting private or local laws in many specified cases. The
senators and assemblymen, sitting in joint session, elect

THE LEGISLATURE. 163

United States senators to represent the State in Congress.
The assembly may bring impeachment cases against public
officers before the senate, the judges of the court of appeals
and the lieutenant governor, sitting together as a court for
the trial of impeachments. The senate passes upon nomi-
nations to office made by the governor.

SUGGESTIVE QUESTIONS.

In what years, and for what purposes, is the State census
taken ?

What provisions in the constitution prevent New York
city from ever obtaining a preponderance of power in the
State legislature ?

What two counties of the State are together allowed but
one assemblyman ? •

What body divides a county into assembly districts ?

Why is a member of the State legislature not allowed to
hold at the same time another office ?

What provision of the constitution guarantees freedom of
debate in the legislature ?

Mention six steps in the passing of a law through the
State legislature. What provision of the constitution en-
sures deliberation in the passing of laws? What special
provision applies to the passing of bills appropriating public
money ?

Describe the work of standing committees of the legisla-
ture. How are these committees named ?

Describe in detail the action necessary to pass a bill over
the governor's veto.

Mention three cases in which the legislature may not
pass private or local laws.

How are private claims against the State allowed ?

i64 GOVERNMENT OF NEW YORK.

What is meant by impeachment ? For what purposes are
impeachment proceedings brought ? What body conducts
such proceedings ? What persons constitute the court for
the trial of impeachments?

What power has the senate to reject nominations made to
office by the governor ?

CHAPTER XV.
The State's Executive Department.

Among the early Germans every tribe or nation had
its head man. He led its army in battle and presided over
its assembly in time of peace. When Angle, Saxon, Jute,
and Dane crossed the North Sea and made their homes in
Britain, the head man of the tribe became the petty king in
the little English kingdom, which afterwards became the
"shire." These little kingdoms, as we have seen, finally
united in the greater kingdom of England, and one king
ruled over the English people. The king, through his sub-
ordinates, enforced the laws of the land ; and no general
law could be made without his consent. The king had
power to pardon criminals condemned for violating the law.
He called the lawmakers together in parliament, and dis-
missed them, much as he pleased. He appointed the chief
judges and other officers of the realm.

The governor of the modern American State has in-
herited many of these attributes of kingship. He is the
head of the State's executive department, and responsible
for the enforcernent of State law. He is commander in
chief of the State's military forces. He has a veto power in
its legislative department. He has the royal power of
pardoning criminals condemned by its courts. He takes
the initiative in the appointment of many high State offi-
cers. Yet, though he seems to be a great and glittering
figure, the governor, like members of the legislature, can do

165

i66 GOVERNMENT OF NEW YORK.

only those things permitted by the constitution. The gov-
ernor's right to rule comes from the people, and under the
law he is the people's chief servant.

New York's Early Governors. — ^The first governors of
territory included in what is now New York, were, as we
have seen, appointed by the Dutch West India Company,
and they represented the interests of this money-making
corporation, rather than the interests of the people over
whom they ruled. Under the English, the early governors
represented at first the Duke of York, and afterwards the
king of England. Like the Dutch governors, they cared
little for the rights of the people. After the Declaration of
Independence, when New York became one of the United
States, the freeholders or landowners elected the governor.
But their experiences under colonial governors made them
suspicious of their elective governor, and they gave him at
first no veto power in the legislature. Neither was he al-
lowed to appoint any subordinate State officers, except as a
member of a council of appointment, in which the governor
had one vote out of five. When the State constitution was
revised in 1821, the people gave the governor the veto
power, and the further power to appoint, by and with the
advice and consent of the State senate, all judges except
justices of the peace. Since then the office of judge has
been made elective ; and the powers of the governor have
been enlarged with almost every subsequent revision of the
State constitution.

Powers and Duties of the Governor. — The governor of
New York is now elected by a plurality of the citizens vot-
ing at the general State election held in even-numbered
years. He holds office for two years, and receives an
annual salary of ;^ 10,000. He has power to call together

THE STATE'S EXECUTIVE DEPARTMENT 167

the State legislature (or the senate alone) in extraordinary
session, with the right to deal only with matters he submits
to it; and one of his duties is to send a " message" to the
legislature at every regular session of that body, describing
the condition of the public business, and recommending the
passing of such new laws as he may think wise. The gov-
ernor may reprieve, pardon, or commute the sentence of
any criminal convicted in the courts of the State.^ The gov-
ernor is said to reprieve a criminal when he postpones the
date of the execution of the sentence against him. He
pardons the criminal when he forgives the offense and sets
the offender free. He commutes the sentence when he
makes the punishment lighter than the punishment fixed by
the court. The only exceptions to this pardoning power of
the governor, are in the case of a person convicted of treason,
and in the case of a public officer who has been impeached.
In the former case the governor may suspend the execution
of sentence till the next meeting of the legislature, and
leave the final decision of the matter to that body.^ The
governor has power to suspend the State treasurer during a
recess of the legislature, and to appoint a temporary treasurer
in his place. Thus the governor can protect the moneys
of the State from a dishonest or incompetent treasurer.

The Lieutenant Governor. — The lieutenant governor is
elected at the same time as the governor, in the same man-

1 In some other States this powei; is given instead to a board of pardons,
of which the governor is only one member.

2 Ordinary crimes, such as murder, burglary, arson, etc., are committed
directly against the individual and only indirectly against the State; while
treason, on the other hand, is committed directly against the State, and is re-
garded as being most heinous because it aims to take the life of the State.
Treason in New York consists in making war against the people of the State,
or during war adhering to or aiding the enemies of the State.

i6S GOVERNMENT OE NEPV YORK.

ner, and for the same term of office. His salary is ^5,000
annually. He takes the place of the governor, should the
latter die, resign, be impeached, or otherwise become unable
to perform the duties of his office. The Ueutenant governor
presides over the State senate, and he has a vote in that
body in case of a tie. He is also, by reason of his office, a
member of various boards of State officials. Both the gov-
ernor and heutenant governor^ must be citizens of the
United States, must be at least thirty years old, and must
have lived in the State for at least five years preceding their
election. Like the members of the legislature, they may
hold but one public office at a time. If both governor and
heutenant governor become at the same time incapable of
performing their official duties, a president of the senate
elected by that body, acts as governor ; and should the lat-
ter become disqualified, the speaker of the assembly be-
comes the acting governor.

Other State Officers Elected by the Voters.— -At the
same time as the election of the governor and lieutenant
governor, the voters of the State elect for terms of two years,
the following officers of the State executive department:
Secretary of State, Comptroller, Treasurer, Attorney-Gen-
eral, and State Engineer and Surveyor. These officers re-
ceive annual salaries varying from $6,000 to ;^ 10,000 each
(see table, page 366). For misconduct in office, the senate
may depose any of these officers, upon the governor's rec-
ommendation, by a two-thirds vote of all the senators.

The Secretary of State. — The secretary of state is the
chief clerk of the State executive department. He has
charge of public records and documents belonging to the
State, and he supervises the printing of the laws passed by
the legislature. He keeps the great seal of the State, and

THE STATE'S EXECUTIVE DEPARTMENT. 169

the original copies of deeds of lands belonging to the State.
In general, the secretary of state may be said to perform for
the State such duties as are performed by the county clerk
for the county, and by the town clerk for the town. His
office is not to be compared in dignity and importance with
that of the United States officer known as the secretary of
state. The latter is a member of the President's cabinet,
and the chief officer in arranging our relations with foreign
nations.

The Comptroller. — The comptroller manages the finan-
cial affairs of the State government, under the direction of
the legislature and governor. He reports to the legislature
the State's annual revenue and expenses, superintends the
collection of State taxes, examines and audits claims and
other accounts due to or from the State; and arranges for
securing any temporary loans needed for carrying on the
different departments of State government. No public
money of the State may be paid out except upon the order
or warrant of the comptroller directed to the State treasurer.

The State Treasurer. — The State treasurer receives from
the comptroller moneys collected from State taxes and from
other sources, and pays out the money as ordered by the
comptroller. His duties are similar to the duties performed
by a county, town, or city treasurer.

The Attorney-General. — The attorney-general is the law
officer of the State government, and the State's chief public
prosecutor. His duties to the State may be compared with
the duties of district attorneys in the several counties. The
attorney-general conducts for the State all important suits
or legal proceedings in which it is an interested party, and
he prosecutes criminals before the supreme court, when
requested to do so by the governor or by the judges of this

IT© GOVERNMENT OF NEW YORK.

court. The attorney-general is also the legal adviser of the
State legislature and other State officers.

The State Engineer and Surveyor. — The State engineer
and surveyor has charge of the surveying and mapping of the
public lands of the State. He also superintends the engi-
neering department of the State canals. He must be a prac-
tical civil engineer.

State Executive Officers Appointed. — ^The governor, " by
and with the advice and consent of the senate," appoints a
large number of officers in the different branches of the
State executive department; these officers usually serve
for fixed terms, but they may be removed by the senate on
the recommendation of the governor. Among the more
important of these officers are: superintendent of public
works, superintendent of banks, superintendent of insur- |
ance, superintendent of State prisons, three tax com-
missioners, commissioner of excise, three commissioners of
highways, ten public service commissioners, three civil ser- 1
vice commissioners, commissioner of agriculture, commis-
sioner of labor and two deputy commissioners, forest, fish
and game commissioner, a State commissioner of health.
State board of charities, three commissioners of lunacy,
superintendent of public buildings, and a, health officer of
the port of New York. The governor's nominations to
office are almost always confirmed by the senate, but its
power to reject such a nomination is an important one, and
may be effectively used to prevent a bad man from taking
office.

The governor has power to appoint some officers without
the confirmation of the senate; and to fill vacancies in some
important county, State, and judicial offices.

Executive Officers Elected by the Legislature. — The

THE STATE'S EXECUTIVE DEPARTMENT. 171

members of the two houses of the legislature — senate and
assembly — sitting together in joint session, elect the Re-
gents of the University of the State of New York, who
in their turn choose a State commissioner of education
(p. 211). The State commissioner of education and
the regents have general supervision of schools and public
education in the State. Their duties are described in
detail in Chapter XVIII.

The State Militia. — An important branch of the State
executive department is the State militia. The militia
consists of " all able-bodied male citizens between the ages
of eighteen and forty- five who are residents of the State," ^
except a few already considered to be acting in the public
service, such as legislative and executive officers, judges,
teachers, ministers, physicians, etc. Every member of the
militia is a possible soldier, and the State legislature is re-
quired by the constitution to maintain at all times a force of
" not less than ten thousand enlisted men, fully uniformed,
armed, equipped, disciplined and ready for active service." *
This requirement is met at present by the voluntary enlistment
of young men in regiments known as the National Guard.
The members of the national guard choose their own local
officers, and the State furnishes the men with arms and
armories. The State militia, including the national guard,
is under the command of the governor of the State, who
appoints the chiefs of the staff, and, with the consent of the
senate, the major general. The governor may call out the
militia whenever necessary to suppress disorder or enforce
the laws of the State.

The State's Civil Service. — Outside of the possible mili-

'New York State Constitution, Article XI., Section i.
2 New York State Constitution, Article XI., Section 3.

1758 GOVERNMENT OF NEW YORK.

tary service required of every citizen of the State, there are
many persons employed in what is called the civil service
of the State. This includes all public offices of the State not
classified as naval or military. Officers in the State's civil
service are either elected by the people or appointed by
other officers. These appointed officers constitute by far
the larger number of officeholders, and consist chiefly of
persons occupying comparatively inferior positions, such as
clerks in the legislative, executive and judiciary departments
of the State and the various local governments. Up to
within a few years ago this army of petty officeholders held
their positions, not so much because of their peculiar fitness
for holding office, as a reward for services rendered to some
politician or political party. In this way, many unfit per-
sons came into the public service and many abuses arose.
In consequence, it became necessary to enact both national
and State laws, regulating appointments to the civil service.^

1 See " The President and the Civil Service," Chapter XXIII. The words
" civil service " have been applied almost exclusively in practice to appointive
officers in the executive department. In the earlier years of the national gov-
ernment these appointees held their positions, as a rule, during good behavior.
Jefferson introduced the practice of appointing and removing such officers for
political party reasons. Jackson greatly extended this practice, which be-
came known as the " spoils system," and subsequent presidents continued the
practice. To reduce the evils of the "spoils system," Congress in 1883 passed
a law creating a national Civil Service Commission of three persons, not more
than two from one political party, to devise a system of appointment and pro-
motion in the civil service free from the influence of party politics. This was
the beginning of the present system of competitive examinations. Professional
politicians, as a rule, oppose this civil service reform, for the reason that they
desire appointments to be made as a reward for party loyalty. These poli-
ticians are supported by a small army of partisans who aid in the manipulation
of party caucuses and conventions in the hope of making personal gain out
of office-holding. The opposition of the professional politicians tends at
times to render difficult the enforcement of the civil service laws.

THE STATE'S EXECUTIVE DEPARTMENT I73

Appointive officers are, under the State civil service law,
divided into a " classified " and an " unclassified " list. Most
of the more prominent appointive offices are in the unclassi-
fied Hst, while the classified list is made up of minor offices.
An applicant for a position in the classified list must pass
an examination to determine his fitness for the position, and
once appointed he cannot usually be removed from office
except for good cause. Appointments in the State or local
municipal civil service are made under supervision of, and
in accordance with rules laid down by, the State civil service
commissioners, who have their headquarters at Albany.
Different cities have local boards of civil service commis-
sioners, each acting under the direction of the State com-
missioners.

Some State Executive Officers, their Powers and
Duties.^ — The State Superintendent of Public Works has
general charge of the construction and repair of the State
canals, and he sees to the execution of the laws relating to
navigation upon them.

The State Superintendent of Insurance has general super-
vision of insurance companies doing business in the State,
and these companies are required to report to him at least
once a year on their financial condition, for the protection
of persons doing business with them.

The State Superintendent of Banks performs similar duties
with reference to banks and trust companies doing business
in the State. These institutions report to the superintendent
of banks, and such reports, including the reports from in-
surance companies, are laid before the State legislature.

The Superintendent of State Prisons has the supervision,

1 For a table of public officers, their salaries and terms of office, see Ap-
pendix.

174 GOVERNMENT OF NEW YORK.

management, and control of the State prisons in New York
where persons convicted of grave crimes are confined. He
appoints agents, wardens, physicians and chaplains in these
prisons, while the State comptroller appoints clerks employed
in them. Persons convicted of lesser offenses, as we have
already learned, are confined in the county jails, which are
under the supervision of the sheriffs of the several counties.

The Tax Commissioners visit the different counties of the
State to determine the value of the taxable property in each
county. The amount of property upon which the people
of each county must pay State taxes, is finally determined
by the State board of equalization. The duties of these
officers are more fully explained in Chapter XIX.

The Highway Commissioners have oversight and control
of the State and county public roads.

Two Public Service Commissions^ of five members each,
one for New York City and the other for the rest of the
State, supervise railroads, street railroads, express, tele-
phone, telegraph, gas and electrical companies. The com-
missioners regulate charges, investigate the causes of
accidents, and look generally after the comfort and safety
of the traveling public. The commissioners may also
decide upon the necessity of a proposed new railroad and
give permission for it to be built. They report annually
to the State legislature.

The Commissioner of Agriculture collects facts and statis-
tics relating to farming, and through his subordinates con-
ducts Farmers' Institutes, where facts as to the best methods
of cultivation are disseminated among the people. It is a
part of the commissioner's duties to prevent the spread of
infectious diseases among farm animals, fruit trees and bees,
and also to prevent the adulteration of food products.

THE STATE'S EXECUTIVE DEPARTMENT I75

The Commissioner of Labor collects facts and statistics
relative to wages and conditions of laborers, and, in con-
junction with two deputy commissioners, conducts a bureau
of factory inspection and a board of mediation and arbitra-
tion which is empowered to give advice in the settlement
of disputes between employers and employees.

The Foresty Fish and Game Commissioners have
charge of fish hatcheries for stocking the streams and
lakes of the State, and generally enforce the laws protect-
ing fish and other game. They also supervise the vast
quantity of wild forest land owned by the State in the
Adirondack region and other places, wherein lie the
sources of the streams which supply water for the State
canals.

The State Board of Charities visits the reformatory and
charitable institutions of the State, and the county and city
poorhouses, where paupers are cared for at public expense,
and reports on the condition of these institutions to the State
legislature.

The State Commissioner of Healthy the quarantine com-
missioners, and the health officer of the port of New York
act together, under State law, to prevent the introduction
and spread of disease.

The Commissioner of Excise supervises the execution of
the liquor tax law.

Executive Power Divided. — Since the governor ap-
points many executive or administrative officials, and under
certain conditions can remove them, he has great influence
over the conduct of their offices. As we have seen, how-
ever, the important offices of secretary of state, comptroller,
treasurer, attorney-general and state engineer and surveyor,
are filled by popular election ; after a close election some

176 GOVERNMENT OF NEW YORK.

of them will be of a different political party from that of
the governor. These important officers do not form a
cabinet for the chief executive as do the corresponding
officers in the United States government. The executive
power of the State is " in commission," parceled out among
officers independent of one another. Each is accountable
directly to the people, but the arrangement has the dis-
advantage that the administration of the State government
may sometimes lack harmony and effectiveness.

SUMMARY.

The governor is the head of the State executive depart-
ment, and the commander in chief of the State's military
forces. He has a veto poWer in the legislative department.

The governor is elected for a term of two years by a plu-
rality of the votes cast for this office at a State election.

The lieutenant governor takes the place of the governor
on the death or disability of the latter. He is the presid-
ing officer in the State senate, and he has a casting vote in
that body in case of a tie.

Other executive officers who are elected by the voters of
the State are: secretary of state, comptroller, treasurer,
attorney-general, and State engineer and surveyor.

The governor, by and with the advice and consent of the
senate, appoints such State executive officers as State super-
intendent of public works, superintendent of banks, public
service commissioners, etc.

The legislature, in joint session, elects regents of the
University of the State of New York.

The State militia, including the national guard, is an
important feature of the State's executive department,
under the control of the governor.

THE STATE'S EXECUTIVE DEPARTMENT, 177

SUGGESTIVE QUESTIONS.

When and by whom is the governor of New York
elected ?

What is meant by the governor's " message " ?

What powers has the governor in the case of a criminal
convicted by the State courts ?

In what cases is the governor unable to exercise his
pardoning power?

Define treason against the State.

What officers of the executive department, besides gov-
ernor and lieutenant governor, are elected by the voters of
the entire State ?

In what important particular does the office of secretary
of state in New York, differ from the national office of
secretary of state ?

How do the duties of the comptroller differ from those
of the State treasurer ?

With the duties of what county officer may we compare
those of the attorney-general ?

Name six important State executive officers appointed by
the governor, with the advice and consent of the senate.
What officers are elected by the legislature ?

What is meant by the State militia ? How does it differ
from the regular army ?

What is meant by the State's civil service ? Describe the
duties of the State civil service commissioners. For what
purpose have civil service examinations been instituted ?

Describe the duties of State superintendent of public
works. State superintendent of insurance, State superin-
tendent of banks, the public service commissions.

CHAPTER XVI.

The Judiciary Department — How Criminals are
Brought to Justice.

A PEACEABLE man walking along the street, is attacked
by a highwayman, knocked down, and robbed of his purse.
The robber hurries away, and the injured man crawls to the
nearest house or to the police station, and tells the story of
the crime. What is the duty of the State in such a case ?
First, it is the duty of the peace officers of the vicinity, —
sheriff, constables, or policemen — to search for the robber,
and if they find him, to take him before the courts for the
trial of his offense.

Arrest by " Hue and Cry." — But the robber may even
now be running from a pursuing policeman, who saw from
a distance, his attack on the citizen. As the policeman
hurries after the robber, he shouts to the people in front of
him to stop the fleeing criminal. The law gives the police-
man the right to demand this help, and all persons called
upon are bound to give it. With shouts of " Stop thief!"
the people take up the pursuit, and the robber is cornered
and captured. Such pursuit and capture is called arresting
a criminal by " hue and cry." It comes down to us from
an old English custom, under which the people turned out
with shouts and blowing horns to capture an escaping
criminal.

Arrest by Warrant. — But suppose the robber escapes
the arrest by " hue and cry ". What is to be done ? The
178

I/O IV CRIMINALS ARE BROUGHT TO JUSTICE. 179

injured man, or some person knowing the facts, then goes
before a magistrate, such as the judge of a court, or a
mayor, tells him that a crime has been committed, and de-
scribes as best he can the criminal. The magistrate, if he
believes that a crime has been committed, issues, in the
name of and by the authority of the people of the State, a
paper called a warrant. The warrant is directed to a peace
officer — sheriff, constable or policeman. It describes the
criminal and directs the peace officer to arrest him and
bring him before the magistrate. The robber may be dis-
covered hiding in a building, by the officer having the war-
rant. Still having the power to summon the people to his
aid, the officer forces his way into the building, breaking
down the door if necessary. He may shoot the robber and
cripple him, if necessary, in order to make him submit.
The law gives the officer power even to take the life of the
criminal, rather than that he should escape, but the officer
must use no unnecessary force.

Rights of Accused Persons. — When the prisoner is
brought before the magistrate, he must be told of the
charges against him, and the facts tending to prove their
truth. Every accused person is presumed by the law to be
innocent until he is proven guilty, and the prisoner is not
obliged to answer any questions that will tend to prove his
guilt. Such is the rule inherited from the common law of
England. The prisoner may be immediately examined by
the magistrate, or the magistrate may, at the request of the
prisoner, commit him to jail to await a future examination
into his offense. The magistrate may also commit the
prisoner when he finds himself unable to examine at once
into the facts.

The Right of Bail. — Instead of sending the prisoner to

l8o GOVERNMENT OF NEW YORK,

jail, the magistrate may, in certain cases described by law,
give the prisoner into the keeping of his friends, on con-
dition that they give a sufficient pledge of money or
property for the prisoner's appearance in court at a future
time to answer the charges against him. Such action on
the part of a prisoner and his friends is called " giving
bail " ; but a person accused of a capital offense,^ such as
murder, which is punishable by death, is not allowed to
give bail. Should an accused person who has given bail,
fail to appear in court at the time set for him to answer the
charges against him, the property pledged for his appear-
ance is forfeited to the State. But the forfeiture of the
money does not protect the criminal. He may be again
arrested, and in such case the magistrate would be justified
in refusing to allow him to give bail a second time.

Inquiring into the Charge Against the Prisoner. —
If the offense charged against the prisoner be a minor one,
or one which the magistrate before whom the prisoner is
brought may finally try and determine, the formal trial of
the prisoner may proceed without postponement or bail.
If, however, the offense charged be an infamous crime, or
one punishable by death,^ it must be formally inquired into
by a grand jury of the county where the crime was com-
mitted.

"Capital, from the Latin "caput," meaning "the head." Literally a
capital offense is one for which the punishment is loss of the head.

« Article I., Section 6, of the New York State constitution says : "No per-
son shall be held to answer for a capital or otherwise infamous crime (except
in cases of impeachment, and in cases of militia when in actual service, and
the land and naval forces in time of war, or which this State may keep
with the consent of Congress in time of peace, and in cases of petit larceny,
under the regulation of the legislature) unless on presentment or indictment
of a grand jury."

HOPV CRIMINALS ARE BROUGHT TO JUSTICE. i8i

The Grand Jury. — The grand jury is a body of men
selected from among the taxpayers of the county, to in-
quire into crimes supposed to have been committed therein.
The supervisors of the several towns of the county make
up a list of 300 men " of approved integrity, fair character
and sound judgment," each supervisor furnishing names
in proportion to the population of his town. The names
are then written, each on a separate slip of paper, and put
into what is called the grand jury box. When a court for
the trial of criminals is to be held, the county clerk in the
presence of the sheriff and county judge, draws at random
from the grand jury box the names of twenty- four persons.^
These persons constitute the grand jury to inquire into"
crimes at a particular term of court. Not more than
twenty-three nor less than sixteen grand jurymen are allowed
to sit in any particular case, and it takes the votes of twelve
to hold an accused person for trial.

The Indictment. — The grand jury when inquiring into
the facts of an alleged offense, sits in secret session. Before
them may come the district attorney, who is the public
prosecutor of criminals in the county. He presents to the
jury a written accusation, called a bill of indictment, con-
taining the charges against the person whose alleged offense
the jury is investigating, and brings witnesses and evidence

^ Thirty-six in New York county. In all counties of the State having a
population of 500,000 or more, the duty of making up the jury lists is in the
hands of officers appointed by the courts and known as commissioner of
jurors and special commissioner of jurors. Chapter 369 of the Laws of
1895 ^'^° creates the office of commissioner of jurors in each county having a
population of 300,000 or more, except New York and Kings which already
had such officers; while by chapter 194 of the laws of 1897 ^^ office of
commissioner of jurors is created in each county having a population between
150,000 and 190,000, except the county of Albany.

1 82 GOVERNMENT OF NEW YORK.

in support of the charges. If twelve of the grand jury,
after hearing the evidence against the accused person, be-
Heve it to be such as, if uncontradicted, would warrant a
trial jury in convicting him, the foreman of the grand jury
writes across the back of the indictment the words "A
true bill," and returns the indictment to the court. The
accused person must now be tried on the charges made in
the indictment. If the grand jury does not think the evi-
dence sufficient to hold him for trial, the indictment is
returned to the court endorsed with the words, " Not a true
bill." The accused person is then allowed to go free, or he
may be held to await a new indictment.

Origin of the Grand Jury and Its Presentment. — This
custom of formal presentation of a bill of indictment against
an accused person through a grand jury, may be traced to
a period not very much later than the conquest of England
by William of Normandy.* Almost immediately after the

>"The primitive Teutonic suit was a simple demand made by the actor on
the defendant for compensation. . . . The demand and denial which
made up the issue were unattended by any tllegations of fact in support of
either. The vitally important point in the procedure . . . was the ques-
tion of proof. . . . Proof, as understood by the Teutonic barbarian, was
not a judicial means of bringing conviction to the mind of the court ; it was
simply a satisfaction due and given by the party to his adversary in the form
prescribed by custom. . . . Three independent means of proof were
allowable — oath, ordeal and documents. The oath could be accompanied or
supported by the oaths of compurgators or oath-helpers, or by the oaths of
witnesses. After the party making the proof had sworn to his demand, his
oath-helpers swore to their belief, not in their chiefs assertion, but in his
credibility." . . . But " the conclusion is now firmly established that
out of the inquest of proof, which was chiefly employed in judicial matters
in suits relating to rights in land, was developed by the lawyers of the
Plantagenet period the jury of judgment, the trial jury of modern times." —
Hannis Taylor, Origin and Growth of the English Constitution^ Book I.,
Chapter V.

now CRIMINALS ARE BROUGHT TO JUSTICE. 183

conquest, in connection with juries of inquest, previously
described,^ we find accusatory juries presenting offenses
committed within their district or hundred to the king, or
to his commissioned justices, who afterwards tried the per-
sons thus accused, convicting or discharging them accord-
ing as the evidence showed their guilt or innocence. From
these ancient accusatory juries, is probably also derived our
modern proceeding known as presentment by grand jury.^
In this proceeding the grand jury does not wait for a formal
presentation to it of a bill of indictment against an accused
person, but the jury itself takes the initiative against the
offender, by sending to the court a written accusation known
as the presentment. The presentment is employed in cases
of public nuisance or wide-spreading evils. On receiving
the presentment of a grand jury, the judge usually orders
an indictment to be framed, and issues a warrant for the
arrest of the alleged offenders.

Appearance of Prisoner for Trial. — The grand jury, hav-
ing returned to the court the indictment, endorsed with the

> See Chapter XI., " Personal Rights."

' Professor Stubbs in his Constitutional History of England, Volume I.,
Chapter XIII., Section 164, says that compurgators have nothing in common
with the jury but the fact that they swear. Yet this is a step in the history
of the jury. The first form in which the jury appears is that of witnesses.
The whole system of recognition by sworn inquest was introduced into Eng-
land by the Normans. Under this system the sworn recognitors were rather
witnesses than judges; they swore to facts within their own knowledge ; the
magistrate to whom the inquest was entrusted was the inquirer, and he in-
quired through the oath of men sworn to speak the truth, and selected in
consequence of their character and local knowledge. Such was the instru-
ment introduced in its rough simplicity at the conquest, and developed by
the lawyers of the Plantagenet period into the modern trial jury. Henry .II.
expanded and consolidated the system. It became under his hand a part of
the settled law of the land, a resource open to every suitor.

l84 GOVERNMENT OF NEW YORK.

words " A true bill," the person accused in the indictment
must now appear in open court for formal trial of the offense
charged against him. When charged with a felony, that is,
with a crime punishable by confinement in a State's prison,
the prisoner must be personally present in court ; when tried
for a lesser offense, or a misdemeanor,^ he need not be pres-
ent himself but may be represented in court by his lawyers.
The complaint against the prisoner is made out in the name
of <* The People of the State of New York " ; and the peo-
pie, as complainant, are represented in court by the district
attorney.

The Arraignment and Plea. — The prisoner is now ar-
raigned in open court before the judge. The indictment is
read to him and he is required to answer to its charges.
The prisoner may plead that he has been at some former
trial in a court of law, already convicted or acquitted of the
particular charge in the indictment ; and if this is found to
be true, the rule of the constitution that no man shall be
" twice put in jeopardy for the same offense " applies, and
the prisoner must go free. If the prisoner plead " Guilty "
to the charge in the indictment, the judge sentences him to
the punishment fixed by State law for his crime. If, how-
ever, he plead " Not guilty " to the charge, a question of
fact arises, and the prisoner has a right to demand that it
be tried by a trial jury.

Trial by Jury.^ — A trial jury is a body of twelve

> All crimes which are neither treason, directed against the life of the
State, nor felony, are misdemeanors. Crimes may be classified as felonies
or misdemeanors by the State legislature.

* The jury of presentment, is also according to Stubbs, a creation of Henry
II. It was brought into close connection with the system of compurgation,
the jurors who presented the list of criminals representing the compurgators
of the accuser. " As a matter of history it seems lawful to regard the pre-

HOW CRIMINALS ARE BROUGHT TO JUSTICE. 185

men ' selected from among the people of the county, where the
crime is committed or triable, and sworn to decide accord-
ing to the evidence, the issue of fact (in libel cases the issue
of law also) that has arisen between the people and the ac-
cused. Trial jurors are selected from lists of property own-
ers furnished by the supervisors, town clerks and assessors.
They must be between the ages of twenty-one and seventy,
must be citizens of the United States and residents of the
county in which they are drawn to serve as jurymen. As
in the case of the selection of grand jurymen, the county
clerk 2 draws the names of thirty-six men to serve as trial
jurors at a particular term of court; and twelve are chosen
as a trial jury in a particular case. Before this jury the
district attorney presents the people's case against the per-
son accused. The prisoner defends himself through his
lawyer, who is an officer of the court, producing the evi-
dence of witnesses, if he has any, in support of his defense.

sentment as a part of the duty of the local courts for which an immemorial
antiquity may be claimed, with at least a strong probability." The same
author also says that at an early period, before the abolition of the trial by
ordeal, by the Lateran Council of 121 5, a petit jury was allowed to disprove
the truth of the presentment, and after the abolition of the ordeal that ex-
pedient came into general use. The further change in the character of the
jury, by which they became judges of fact instead of witnesses, is common to
the civil and criminal jury alike. " As it became difficult to find jurors per-
sonally well informed as to the point at issue, the jurors summoned were
allowed at first to add to their number persons who possessed the requisite
knowledge, under the title of AfForcement. After this proceeding had been
some time in use the afforcing jurors were separated from the uninformed
jurors, and relieved them altogether from their character of witnesses. The
verdict of the jury no longer represented their previous knowledge of the
case, but the result of the evidence afforded by witnesses of the fact ; and
they became accordingly judges of the fact, the law being declared by the
presiding officer acting in the king's name."

1 Six in courts of a justice of the peace. 2 See note page 181.

i86 GOVERNMENT OF NEW YORK,

Poor prisoners unable to hire a lawyer are assigned one by
the court to help in their defense; and when it can be
shown that there is a probability of the people of a county
being so prejudiced against the prisoner that a jury of the
county cannot render a fair and impartial decision, a trial
jury may be selected from an adjoining county ; or the trial
itself may be removed to another county. Such removal is
called " a change of venue." ^ ^

The Judge's " Charge." — The judge rules upon questions
of law as they arise in the trial of the prisoner ; and at the
close of the trial " charges " the jury, explaining the law
governing the matter and reviewing any evidence which he
thinks necessary to a clear understanding of the subject.

The Verdict. — The jury then retires behind closed doors,
and deliberates in secret upon the probable guilt or inno-
cence of the prisoner. The agreement of the entire twelve
jurymen is necessary to convict or acquit the prisoner. The
jury must find the prisoner "Not guilty," if after hearing all
the evidence its members have a reasonable doubt of his
guilt. The formal decision of a trial jury, delivered in open
court, for or against a prisoner, is called " The Verdict of
the Jury." If a trial jury cannot agree upon a verdict of
" Guilty " or •♦ Not guilty," the accused person must have
another trial before a new jury, till he is either convicted or
acquitted.

The Sentence. — After a verdict of " Guilty " the judge
pronounces upon the prisoner, the sentence fixed by State
law as a punishment for his offense. The judge is usually
allowed to use his judgment as to whether the prisoner shall
be made to suffer a maximum or a minimum penalty. Old

* Venue is from the Latin " vicinia," or the Norman French, " visne,"
meaning neighborhood.

HOW CRIMINALS ARE BROUGHT TO JUSTICE. 187

and hardened offenders are usually given the maximum
penalty allowed by the law, while young criminals, whose
offenses are accompanied by mitigating circumstances, are
given a penalty less than the maximum. In some cases the
judge suspends the enforcement of the sentence during the
good behavior of the person convicted. If the verdict of the
jury be " Not guilty," the judge discharges the prisoner, and
he cannot be tried again for the offense.

Appeals. — A prisoner may appeal from a jury's verdict
of " Guilty " to a higher court, and ask for a new trial of his
case, on the ground of error committed in the first trial, or
of a verdict not in accordance with the law or the evidence.
The higher court appealed to, after reviewing the proceed-
ings in the lower court, will, if it thinks no error has been
committed, dismiss the appeal, in which case the prisoner
must suffer the penalty imposed by the judge's sentence in
the lower court. But if the higher court finds the error
complained of it will order a new trial of the prisoner before
the lower court.

These proceedings in the trial of criminals have most of
them come down to us, either directly or in a modified
form, from the customs of the early English law. Taken
together, they constitute the " due process of law " of our
State constitution, without which no person may be de-
prived of his life, liberty, or property. They also show the
exceeding care with which the descendants of our free
Teutonic ancestors guard the sacred personal liberty of even
the worst of criminals, that no wrong may be done to any
person. Here we see what is meant by the famous clause
of Magna Charta, repeated in so many charters and constitu-
tions of the English-speaking people, that "No freeman
shall be taken, or imprisoned, or outlawed, or brought to

l88 GOVERNMENT OF NEW YORK.

ruin, unless by the lawful judgment of his peers, or by the
law of the land."

Duty of Citizens. — Jurors receive pay by the day, or
sometimes a certain sum for each case on which they
serve. The pay is not large, and for many men the call
to jury service means inconvenience and financial loss.
Nevertheless it is their duty to serve, for the good of the
State, which keeps its courts open to all. Judges have
discretion to excuse men in cases of special hardship.
Certain classes of men, also, are by law entirely exempt
from jury duty: namely, clergymen, certain State officers
and employees, physicians, druggists, lawyers, college and
academy teachers, editors and reporters of daily papers,
certain employees on railroads and steamboats, members
of fire companies or of the National Guard, or men who
have served therein for five years, and some others.

Perjury. — Jurors must make solemn oath or affirma-
tion that they will perform their duty truly and faithfully.
Witnesses are required to swear (or affirm) that they will
tell the truth, and similar formalities are observed in sign-
ing various legal documents. The violation of such an
oath or affirmation is perjury, and is punished as a crime.

SUMMARY.

Offenders against the law are arrested by the officers of
the executive department, and are tried before the courts
of the judiciary department.

A person accused of crime is held to be innocent until
proven to be guilty. He has the right, in many instances,
when arrested, to "give bail " for his future appearance in
court to answer the charges against him.

HOW CRIMINALS ARE BROUGHT TO JUSTICE. 189

Charges of infamous crime against a person must be pre-
sented in the form of an indictment by a district attorney
to a grand jury of the county where the offense is triable.

SUGGESTIVE QUESTIONS.

Describe two ways in which a criminal may be arrested.

What is a warrant of arrest ? By whom is it issued ?
What facts must it contain ? To whom is it directed ?

Describe the right of bail. For what offenses are prison-
ers not allowed to give bail }

What is a grand jury } How is it selected ? Describe
its duties.

State the difference between a bill of indictment and a
presentment.

What is meant by the " prisoner's plea " }

Describe the trial jury. Tell how it is selected. De-
scribe its duties in court, on the trial of a prisoner.

Explain the meaning of "judge's charge," "verdict,'*
"sentence," "appeal," as used in trials at law. When will
a higher court order a new trial }

Why ought a man not to shirk jury duty ?

What is perjury }

ADDITIONAL READING.

On the origin of the jury, see Green's Short History of the
English People^ Chapter II., Section 8, "Trial by Jury," and the same
work, Chapter IV., Section 4, "The English Towns." See also the
works of Stubbs and Hannis Taylor on the constitutional history of
England, under the index title " jury."

CHAPTER XVII.
The Judiciary Department — Civil Suits at Law.

Two farmers, living side by side, have a dispute about the
division hne between their farms. Each claims to own the
same piece of land; each believes himself right; neither
will yield, and there is a long and bitter quarrel. Who is to
decide the matter finally and put the rightful owner into
possession of his property ? If the farmers can come to no
agreement, they may take the matter into a court of law.
Here each will present the facts supporting his own claim to
the land, with the testimony of any witnesses in his favor,
and leave the truth to be determined by process of law.
Such a suit at law, involving the ownership of property, is
called a civil suit, to distinguish it from a criminal suit, such
as described in the last chapter. Much of the time of the
judiciary officers of State and local governments is spent in
hearing and determining the facts in civil suits at law.

Proceedings in Civil Suits at Law. — The person who
begins a civil suit at law is called the plaintiff. In a paper
called the complaint, he presents to the court an outline of
the facts in support of his claim, and prays that the judg-
ment of the court may be given in his favor. The person
opposed to the plaintiff in the suit is called the defendant.
In a written answer the defendant opposes the claim of the
plaintiff. Should the defendant fail to answer the complaint,
and should he fail to appear in court, after he has been
served with a legal paper called a summons, in which he is
190

CIVIL SUITS AT LAW. 191

ordered to appear and answer, the plaintiff may prove the
truth of his claim, by the testimony of himself and his wit-
nesses ; after which the judge will order the sheriff or other
executive officers to put him in possession of the rights
which were in dispute. If, however, the defendant answers
the plaintiff's complaint, denying its statements, an issue of
fact arises, the truth of which may be determined, as in a
criminal suit, by a trial jury. The jury after hearing both
sides, gives its verdict, and the judge orders the party found
to be in the right, to be put in possession of the disputed
property.

The Courts as Interpreters of the Law. — Besides de-
ciding questions in dispute between individuals, the courts
are often called upon to decide on the meaning and ap-
plication of various laws. A bill passes the legislature and
is signed by the governor, in which different persons who
are interested in the rights affected by it, read quite differ-
ent meanings. One man understands the statute^ to mean
one thing ; another quite a different thing. Who is to decide
what it really does mean ? As in the case of the farmer's
dispute over the land, the courts must decide ; and a de-
cision is obtained by some one bringing a suit to determine
his rights under the disputed law.

Statutes May Be "Constitutional" or "Unconstitu-
tional."— Suppose, for example, the State legislature passes
a bill declaring the business of slaughtering animals within
any city to be a nuisance, dangerous to the health of the
people, and orders such slaughtering stopped. Butchers,
who have built large and expensive slaughterhouses, sud-
denly find themselves deprived of the lawful right to use

» A bill after passing the legislature, and being signed by the governor, is
called a statute.

192 GOVERNMENT OF NEW YORK,

their property. If they obey the law they must sell or dis-
pose of their buildings as best they can, and remove their
business outside the city. But perhaps they pay no atten-
tion to the prohibitory statute. In that case a suit may be
brought against the butchers by the district attorney, charg-
ing them with violating the law. The butchers may defend
the suit, pleading that the statute prohibiting slaughtering is
not in accordance with the fundamental law ; that they are
being deprived of their property without the " due process
of law " required by the constitution. An issue of law now
arises between the people of the State and the butchers,
which must be decided by the courts. If the highest court,
having the right to try and determine the matter decides
the statute to be in harmony with the constitution, the
butchers must close up their slaughterhouses, or take them
outside the city limits. But if the court decides the statute
to be not in accord with the constitution, it is void, and no
man is bound to obey it.

Courts Enumerated— Courts of Justices of the Peace.—
Let us briefly consider the different courts, established by
the people of the State, to do the important work above de-
scribed.

The lowest courts — and those nearest to the people— are
the courts presided over by justices of the peace. The peo-
ple of each town elect four justices of the peace for terms of
four years each. This is required by State law. A jus-
tice of the peace holds two courts — a court for the trial of
civil suits, called a Justice's Court ; and a court for the trial
of petty criminals, called a Court of Special Sessions. As
a general rule no civil suit may be tried in a justice's court,
when the amount sued for exceeds $2QO. In courts of spe-
cial sessions certain small offenses enumerated by State law

CIVIL SUITS AT LAW. 193

may be tried, but persons accused of crime before a justice
of the peace, usually give bail to await the action of a grand
jury in a higher court. Issues of fact in a court presided
over by a justice of the peace, are determined by a justice's
jury, composed of six citizens and freeholders of the town.
The constable summons twelve men from the jury list of the
town, to appear in court, and six of them are drawn to sit in
a particular case. Justices of the peace are paid in " fees,"
fixed by State law, for services performed.

County Courts. — The court next above those of a justice
of the peace, is the county court, and an appeal from the
decision of a justice of the peace may be heard before the
county judge, who presides over the county court ; but the
principal business of the county court is in trying cases too
important to be heard in the courts of justices of the peace.
Each of the sixty-one counties of the State, except New
York county, ^ has a county court presided over by a county
judge, who is elected for a term of six years by the voters of
his county, and who is paid out of the county treasury. The
county judges receive different salaries, fixed by State law, in
the different counties. All crimes, except those punishable
by death, may be tried in a county court. Civil suits, in
which the sum sued for does not exceed ;^2,ooo, may be
tried in a county court. Issues of fact in a county court are
determined by a trial jury of twelve men selected as in the
case of a criminal trial.

' The Court of General Sessions in New York county and the City Court of
New York take the place of a county court. The former has jurisdiction
mainly in criminal cases, including crimes punishable by death, and the lat-
ter in civil cases where the amount sued for does not exceed ^2,000.
King's county has two county judges and the jurisdiction of its county court
extends to crimes punishable by death.

194 GOVERNMENT OF NEW YORK,

The Supreme Court. — Next above the county court is
the supreme court. This is in many respects the most im-
portant court of the State. Before it may be tried all grave
crimes against the laws of the State and all important civil
suits. For convenience in administering justice through
the supreme court, the State is divided into four judicial de-
partments, and these in turn are divided into nine judicial
districts. The first j udicial department and the first j udicial
district are co-extensive, and embrace the county of New
York. The second judicial department includes the second
judicial district (embracing Kings, Queens, Richmond,
Nassau and Suffolk counties) and the ninth judicial dis-
trict (embracing Rockland, Westchester, Putnam, Orange
and Dutchess counties). The third judicial department
includes the third, fourth, and sixth judicial districts; and
the fourth judicial department, the fifth, seventh, and eighth
judicial districts.^ There are ninety-seven supreme court
judges, and they are elected by the voters of the nine
judicial districts for terms of fourteen years each, as fol-
lows : First district, thirty judges ; second district, seven-
teen judges; third, fourth, and sixth districts, six judges

1 The third judicial department includes the third judicial district, embrac-
ing Columbia, Rensselaer, Sullivan, Ulster, Albany, Green, and Schoharie
counties ; the fourth judicial district embracing Warren, Saratoga, St. Law-
rence, Washington, Essex, Clinton, Franklin, Montgomery, Hamilton, Ful-
ton, and Schenectady counties ; and the sixth judicial district embracing
Otsego, Delaware, Madison, Chenango, Tompkins, Broome, Chemung,
Schuyler, Tioga, and Cortland counties. The fourth judicial department in-
cludes the fifth judicial district embracing Onondaga, Jefferson, Oneida,
Oswego, Herkimer, and Lewis counties ; the seventh judicial district em-
bracing Livingston, Ontario, Wayne, Yates, Steuben, Seneca, Cayuga, and
Monroe counties ; and the eighth judicial district embracing Erie, Chautau-
qua, Cattaraugus, Orleans, Niagara, Genesee, Allegany, and Wyoming coun-
ties.

196 GOVERNMENT OF NEW YORK.

each; fifth district, eight judges ; seventh district, seven
judges; eighth district, twelve judges; ninth district, five
judges.

Supreme Court — Trial and Special Terms. — In each
county of the State there are held at certain designated
times, trial terms of the supreme court, each presided over
by a single supreme court judge. At these trial terms civil
and criminal cases are tried with the aid of a trial jury.
Civil suits are also tried by the judge without the aid of a
jury, if the parties to the suit so agree. In each county
also the supreme court holds special terms, presided over by
a single judge, who hears and decides various legal motions
without the aid of a jury. The supreme court, both at trial
term and special term, acts as a court of original jurisdiction,
that is, it hears cases and motions originally presented" to it
and not on appeal from the decisions of the lower courts.

Supreme Court — Appellate Division. — In each of the
four judicial departments there is an appellate division of
the supreme court, composed of certain judges selected by
the governor from among the ninety-seven supreme court
judges of the State. Seven judges constitute the appellate
division in the first judicial department, and five constitute
the appellate division in each of the other departments.
The appellate division of the first department sits in the
city of New York (borough of Manhattan) ; the second
department, in the borough of Brooklyn ; the third depart-
ment, at Albany ; and the fourth department, at Rochester.
Terms of this court may be held in other places whenever
the judges of a department deem that the public interests
will be served thereby. Appeals from decisions of the
county courts, and from the trial and special terms of the
supreme court, in any judicial department, are heard in the

COURTS. 197

appellate division of the supreme court of the department
Judges of the appellate division are appointed for terms of
five years each.

The Court of Appeals. — Highest above all these courts,
and the court of last resort in questions arising under the
State law, is the court of appeals. This court is composed
of seven justices — one chief justice and six associate justices,
elected by the voters of the entire State for terms of four-
teen years each, at annual salaries of ;^ 13,700 each, (the chief
justice, ^14,200); and the governor may appoint not more
than four supreme court judges to sit temporarily as asso-
ciate justices in this court. The court of appeals reviews
questions of law brought up to it from the appellate divi-
sions of the supreme court. No questions of fact are re-
viewed by the court of appeals, except in criminal cases
where the sentence is death. Five justices of the court of
appeals constitute a quorum, and the concurrence of at least
four is necessary to a decision. The decisions of the court of
appeals, with the arguments and explanations of its judges,
constitute the final interpretation of the law of the State.
There is no higher court in the land, except the supreme
court of the United States.

Coroners* and Surrogates' Courts. — Besides the courts
above described, there is in each county a coroner's court,
held for the purpose of inquiring into the causes of sudden
and suspicious deaths. The coroner may summon witnesses
before him and examine them, and he may issue a war-
rant for the arrest of any person who may be charged with
the commission of the crime under investigation. Coroners
formerly had power to summon a jury in connection with
their investigations which are termed " Coroner's Inquests " ;
but this power was abolished by State law in 1 899, except

198 GOVERNMENT OF NEW YORK.

in case of inquests held in a county situated wholly or
partly in a city of the first class, when not less than nine nor
more than fifteen persons, qualified to serve as jurors, may
be summoned by the coroner.

Each county has a court presided over by a surrogate
who takes proof of the wills of deceased persons, and at-
tends to the settlement and division of the estates of per-
sons who die without having made a will. This court also
appoints guardians for the care of the persons and property
of minors. In counties having a population of less than
forty thousand, the county judge performs the duties of
surrogate.

Courts " of Record " and " Not of Record."— A number
of cities also have minor civil and criminal courts specially
allowed them by State law.^ The surrogate's court, county
court, supreme court and court of appeals are Courts of
Record. That is, each has its official seal and an official
clerk, who keeps a detailed record of its proceedings.
Courts of justices of the peace, coroner's courts, and most
minor courts of cities, are designated as Courts Not of
Record.

The Court for the Trial of Impeachments.'— Differing
from the law courts above described, is the court for the
trial of impeachments. This court tries, and if found
guilty, removes from office high public officials, especially
judges, who, by reason of their offenses, are no longer fit
to serve the people in the offices which they hold. Im-
peachment cases are brought by the assembly and are tried
before the State senate and its president, and the judges of

> The courts of the city of New York are described in Chapter VI.,
« Greater New York."
' «See also Chapter XIV., "The Legislature."

COURTS. 199

the court of appeals, sitting together as a court of impeach-
ment. A two-thirds vote of this court is necessary to con-
vict and remove an official from office. When the governor
or lieutenant governor is tried before the court for the trial
of impeachments, the latter official does not, for obvious
reasons, sit as a member of the court.

Court of Claims. — A State cannot be sued in a court of
law by one of its own citizens, or by the citizens of another
State ; but any one having a claim against the State may
take it to the court of claims, and if the court finds the claim
to be valid, it must be paid after deducting any just claim
of the State. This court consists of three judges of claims
appointed by the governor, by and with the advice and
consent of the senate, for terms of ten years each, at annual
salaries of ;^8,ooo each. The court of claims holds four ses-
sions a year at the State capitol at Albany.^ Appeals from
its decisions may be made to the appellate division of the
supreme court. A State may be sued however by another
State, the suit being brought in a United States court ; but
no private person is allowed to bring suit against any one
of the United States.

General Provisions. — No judge of the court of appeals or
of the supreme court may hold at the same time another
public office, and no judge except a justice of the peace,
may accept any fee for the performance of his public duties.
This latter provision is intended to keep the judges free
from the temptation to entertain any legal proceedings, or
to perform, as judges, any acts that might increase their
own personal incomes. No person may hold the office of
judge longer than until and including the last day of Decem-
ber next after he shall be seventy years of age.

» Laws of 1897, Chapter 36.

aoo GOVERNMENT OF NEW YORK.

SUMMARY.

Besides trying persons accused of crime, the courts of the
judiciary department hear and determine questions of private
rights in dispute between individuals.

Questions of private rights are brought before the courts
in civil suits at law, in which the aggrieved person is the
plaintiff, and his opponent is the defendant.

The courts also act as interpreters of the law, and they
decide whether or not statutes enacted by the legislature
are in accord with the constitution.

The courts, beginning with the lowest, include in regular
order, courts of justices of the peace and the local courts of
cities, county courts, the supreme court and the court of
appeals.

Appeals are made from decisions of the lower courts to
the higher courts.

The courts also include a coroner's and surrogate's court
in each county, the State court of claims, and the court for
the trial of impeachments.

SUGGESTIVE QUESTIONS.

What is a civil suit at law ? How does it differ from a
criminal trial ?

Explain the meaning of the word plaintiff. Defendant.
Summons. Issue of fact.

Under what circumstances and by whom may a statute
of New York be legally declared to be unconstitutional?
Must an unconstitutional statute be formally repealed by the
legislature ?

Give an account of the two courts of a justice of the
peace. How many and what persons may constitute a jury-
in the court of a justice of the peace ?

CHAPTER XVni.

The Public Schools.

The laws of New York require the children living within
the State to attend some school regularly. Under these
laws public schools have been opened in every part of the
State, where free instruction is given to residents between
the ages of five and twenty-one years. Should any child
between the ages of seven and sixteen years/ able to go to
school, fail to attend one of these free public schools, his
parent or guardian must show to the satisfaction of the
school officers, that the child is receiving regular instruc-
tion elsewhere, equivalent to the instruction in the free
public schools.

Why does the law provide for free public schools, and
compel the children of the State to attend regularly some
school ? Because every male citizen, twenty-one years old
and over, and otherwise qualified, has been given the right
to vote at public elections held within the State. At these
elections public officers are chosen to make, mterpret and
enforce the State laws. Thus every voter, as he puts his
ballot into the box on election day, helps to determine the
kind of government under which we all live. It is su-
premely important that the voter shall be sufficiently in-
telligent and well-informed to cast a ballot for the best in-
terests of the State. Such inteUigence and information the
State aims to develop by its system of free public schools,
and its law requiring the children to attend school.

The State's Public School System. — The free public

^ With exceptions noted on pages 208-209.

201

202 GOVERNMENT OF NEW YORK.

schools of New York are carried on under both State and
local laws. The State constitution ^ directs the legislature
to " provide for the maintenance and support of a system of
free common schools, wherein all the children of this State
may be educated." This has been done in the cities and
larger villages, by placing provisions in their charters, pro-
viding for free public schools to be carried on under the di-
rection of a local board of education and a local superintend-
ent of schools. Outside of the cities and larger villages the
territory of the state is divided into supervisory districts,
each under an officer known as the District Superintend-
ent.2 A district superintendent is chosen every five years
by a board of school directors consisting of two directors
elected by each town in the district. The district superin-
tendent has general supervision, subject to State law, of the
free common schools within his district. Every supervisory
district is in turn divided into school districts, in each of
which there is maintained a free common school, supported
partly by the people of the district and partly by the State.
These are the schools carried on in the ** little red school-
houses " that dot the hillsides and stand like sentinels at the
country crossroads, each under its own proudly waving
"stars and stripes," all over the Empire State. Over all
these district superintendents, school districts, boards of
education, city and country schools — there is a State com-
missioner of education (p. 211), who is the head of the free
school system of the State and the last resort in all disputes
affecting the public schools.

The District Superintendent and His Duties.— Every

1 Article IX., Section i.

2 Beginning with 19 1 2. Before then, a school commissioner, instead, was
elected by the people in each county or commissioner's district.

THE PUBLIC SCHOOLS. 203

county in the State, outside of those composing New York
City, has one or more supervisory districts, lying wholly
within the county. The district superintendent is partly
a State and partly a local officer. The State, through the
commissioner of education, pays each superintendent a
salary of ;^I200 annually,^ and the supervisors of the towns
in his district may by majority vote increase his salary, the
increase being paid by taxes levied on the towns in the
district.

It is the superintendent's duty to supervise the free
common schools of his district and to see that proper in-
struction and discipline are maintained in them. He may
form new school districts in his supervisory district, and
under certain restrictions may alter the boundaries of ex-
isting school districts. Under the direction of the State
commissioner of education he also examines and licenses
would-be teachers. He may condemn a public schoolhouse
as unfit for use and order the people of the district to repair
it or to build a new one ; but the people may appeal from
his decision to the State commissioner of education. Any
person of full age, a citizen of the United States and a
resident of the State, is eligible for the office of district
superintendent, provided he has a State teachers' certificate,
and can pass an examination on the teaching of agriculture.
He must, while acting as such, be a resident of the county
in which his district is situated. Women may be chosen,
and some of our best superintendents (formerly called
school commissioners) have been women who had gained
practical experience as teachers in the free common schools.

The School District and Its Government. — For school
purposes the State has made each school district a self-
J He is also allowed tyxi for traveling expenses.

204 GOVERNMENT OF NEW YORK.

governing unit, in many respects similar to the self-gov-
erning municipal corporations of town, village, city and
county. The law-making power of the school district is
the School District Meeting. All citizens of full age, ir-
respective of sex, who live in the district, who send one or
more children to the district school, or who own property
in the district liable to be taxed for school purposes,^ are
lawful voters at all regular and special school district
meetings. The regular annual school district meeting is
held on the fir-st Tuesday in May, usually in the district
schoolhouse. It elects by ballot, of the majority of the
voters present, the following executive officers of the school

1 Voters at District Meetings. — Section 203 of the Education Law
thus describes the qualifications of voters at school district meetings :

A person shall be entitled to vote at any school meeting for the election of
school district officers, and upon all other matters vi^hich may be brought before
such meeting who is :

1. A citizen of the United States,

2. Twenty-one years of age,

3. A resident within the district for a period of thirty days next preceding
the meeting at which he offers to vote; and who in addition thereto possesses
one of the following four qualifications :

a. Owns or hires, or is in the possession under a contract of purchase of
real property in such district liable to taxation for school purposes, or

b. Is the parent of a child of school age, provided such child shall have
attended the district school in the district in which the meeting is held for a
period of at least eight weeks during the year preceding such school meet-
ing, or

c. Not being the parent, has permanently residing with him a child of
school age who shall have attended the district school for a period of at least
eight weeks during the year preceding such meeting, or

d. Owns any personal property, assessed on the last preceding assessment-
roll of the town, exceeding fifty dollars in value, exclusive of such as is exempt
from execution.

No person shall be deemed to be ineligible to vote at any such meeting, by
reason of sex, who has the other qualifications required by this section.

THE PUBLIC SCHOOLS.

205

district : One or three trustees, a district clerk, a collector,
and (if the district so decides) a treasurer.

All of these officers must be residents of the school dis-
trict, and qualified voters at the district meeting ; and they
must also be able to read and write. They hold office for
one year, except where the district elects three trustees, in
which case the term of a trustee is three years, one trustee
going out of office each year.

Powers of the School District Meeting. — Besides the
power to elect district officers, a school district meeting has
power to fix the amount of bonds which the collector and
treasurer shall give for the faithful performance of their
work ; power to designate, with the consent of the district
superintendent, a site for a schoolhouse ^ ; power to vote a
tax upon the taxable property of the district for school
sites, supplies, buildings, and furniture; for school apparatus
not exceeding twenty-five dollars in one year; for school
libraries ; and for teachers' wages.

The School Trustee. — The State law makes the trustee
or trustees of a school district a corporate body, or board,
for the purpose of holding and managing the school prop-
erty of the district ; and the trustee is the chief executive
officer of the school district. The trustee may call special
meetings of the school district voters. He makes out a
list of persons in the district who are liable to pay taxes
for school purposes, putting the amount of each person's
school tax opposite his name on the tax list, and directs
the district collector to collect this tax. He may also raise
by direct tax any reasonable sum needed to pay teachers'
wages. He buys or leases property for school purposes,
and purchases school apparatus, as directed by the district

1 School sites may be chosen only at special district meetings.

2o6 GOVERNMENT OF NEW YORK.

meeting; hires the teachers who teach in the district
school ; makes rules for the government and discipline of
the school ; and prescribes its course of study, subject to
the State laws governing these matters, and to the general
supervision of the district superintendent and of the State
commissioner of education.

Union Free School Districts. — Under directions laid
down by State law, the voters of any school district, or the
voters of adjoining districts voting to consolidate their
school districts, may establish a union free school, and
elect a board of education of from three to nine members,
having generally the powers and duties of school trustees.
This board may establish an academic department in the
union free school for higher instruction under the super-
vision of the State education department. In union free
school districts of sufficient population, the board of educa-
tion may elect a local superintendent of schools.

Money for the Schools. — Besides the moneys voted at
school district meetings, the State distributes each year
large sums for the support of the free public schools.
Part of this money is appropriated by the State legislature
from moneys in the State treasury, the proceeds of various
taxes ; and part of it is the income from certain educa-
tional funds belonging to the State, which the people,
through the constitution, have declared shall be kept in-
violate for school purposes.^ These are known as the
Common School Fund, the United States Deposit Fund
and the Literature Fund.

The common school fund had its beginning in 1805, when
the State sold some 500,000 acres of pubhc land " to raise
a fund for the encouragement of common schools." The

iNew York State Constitution, Article IX., Section 3.

THE PUBLIC SCHOOLS. 207

United States deposit fund is a portion of a surplus of
;^30,ooo,ooo of United States funds that had accumulated
in the United States treasury, and that was distributed in
1832 among the States, to be kept until called for by the
national government. These two funds are for the sup-
port of common schools, while the income from the third
fund, the Hterature fund, goes to the academies.

Distribution of School Moneys. — From the moneys pro-
vided by the State, the State commissioner of education
apportions annually the sums prescribed by State law for
each city, incorporated village, union free school district,
and each common school district, depending upon assessed
valuation, number of teachers employed, number of chil-
dren attending school, and some other details. The money
is paid through the county treasurer's office, and part of
it, for the common schools, passes through the hands of
the town supervisors, who pay it over on order of the
trustees of the school districts.

Out of its school moneys the State supports a Normal
College at Albany and ten other Normal Schools for the
instruction and training of public school teachers. It also
pays for the maintenance of teachers' training classes in
connection with academies and the academic departments
of union free schools, and for the teachers' institutes car-
ried on in the various supervisory districts, where teachers
already employed in the public schools may receive instruc-
tion.

Schools in Cities. — The public schools of each city, while
being subject generally to the State laws regulating public
education, and to the general supervision of the State com-
missioner of education, are carried on in accordance with
special provisions in the various city charters; each city

2o8 GOVERNMENT OF NEW YORK.

having generally its own local board of education, elected or
appointed, and its superintendent of schools, usually elected
by its board of education, and exercising the power to
appoint teachers.

School-teachers are Public Officers. — Teachers in the
free public schools are pubUc officers, paid partly by the
State and partly by the local government employing them ;
and no person may teach in the public schools without first
receiving a teacher's license. A license may be obtained
(i) by passing a graded examination prepared by the State
commissioner of education and conducted by a district
superintendent, the license being good only in the super-
intendent's district; or (2) by passing an examination con-
ducted by the State commissioner of education for a license
good for life, which gives permission to teach in any public
school in the State ; or (3) by graduating from a State
Normal School ; or (4) by passing the local examination of
a city superintendent. Some other special certificates may
be given by the State commissioner.

The Compulsory School Attendance Law. — The State
requires every child between seven (or eight) and sixteen
years old^ who is in proper physical and mental condi-
tion, to attend the common schools or to have equivalent
instruction.2 But children between fourteen and sixteen

^ The compulsory school age is between seven and sixteen years in a city
or school district having a population of 5,000 or more and employing a
superintendent of schools. In other districts the age is between eight and
sixteen years, and the required attendance is only from October i to June i
each year.

2 The law reads : " If any such child shall so attend upon instruction else-
where than at a public school, such instruction shall be at least substantially
equivalent to the instruction given to children of like age at the public school
of the city or district in which such child resides ; and such attendance shall
be for at least as many hours of each day thereof, as are required of children

THE PUBLIC SCHOOLS. 209

years old, regularly and lawfully engaged in some useful
employment,^ are not required to attend school; except
that, in cities of the first and second class, boys between
fourteen and sixteen, who have gone to work, but who are
not graduates of the public schools, or who do not hold
certain certificates, must attend night school for sixteen
weeks in each year.^ Attendance officers, called truant
officers, who have power to arrest truants without a war-
rant, must be appointed in each city, village and town to
enforce compulsory attendance. Parents who neglect to
cause their children to attend school in accordance with
the law are guilty of a misdemeanor. The State commis-
sioner of education may withhold school moneys from
cities or districts that fail to enforce compulsory school
attendance, and he may depose any school officer who
willfully neglects his duties.

of like age at public schools ; and no greater total amount of holidays or
vacations shall be deducted from such attendance during the period such
attendance is required, than is allowed in such public school to children of
like age."

1 In cities and school districts having a population of 5,000 or more a child
between fourteen and sixteen years old, if lawfully employed, needs to have
an employment certificate issued under the provisions of the Labor Law.

"^ The law reads : " Every boy between fourteen and sixteen years of age
in a city of the first class or a city of the second class, in possession of an
employment certificate duly issued under the provisions of the Labor Law,
who has not completed such course of study as is required for graduation from
the elementary public schools of such city, and who does not hold either a
certificate of graduation from the public elementary school or the preaca-
demic certificate issued by the regents or the certificate of the completion
of an elementary course issued by the education department, shall attend the
public evening schools of such city, or other evening schools offering an
equivalent course of instruction, for not less than six hours each week for a
period of not less than sixteen weeks, or upon a trade school a period of eight
hours per week for sixteen weeks in each school or calendar year."

2IO GOVERNMENT OF NEW YORK.

The University of the State of New York and the
Regents. — At the head of the educational system of
the State is the corporation known as the University
of the State of New York. This university was incor-
porated by the State legislature in 1784, and the origi-
nal purpose was to make it an ordinary university; but
this plan was not carried out. Instead, the corporation
was reorganized as a federatioil of the higher institutions
of learning in the State, including universities, colleges,
professional and technical schools, some public libraries,
museums, and university extension centers. The Univer-
sity of the State of New York is governed and its powers
exercised by the regents. The regents consist of twelve
men, elected by the State legislature for terms of twelve
years each. One regent is elected annually in the second
week of February, and he takes office on April i, following.

Powers of the Regents. — The regents have power to
establish rules and regulations necessary to carry into
effect the State statutes relating to education. They may
incorporate, alter or revoke the charters of universities,
colleges and other institutions of higher learning in the
State, They visit and inspect such institutions, and re-
ceive reports from them. They have the management
and control of the great State Library, and of the State
Museum. They prepare regents' examinations covering
college preparatory studies and qualifications for admis-
sion to various technical and professional schools. They
also supervise the granting of academic and professional
degrees. They conduct a department of university exten-
sion work, sending out teachers and lecturers, conducting
examinations, and granting regents' certificates to students
passing the required examinations.

THE PUBLIC SCHOOLS, 211

The Commissioner of Education. — The regents elect
the State commissioner of education, who serves during
their pleasure, and receives a salary of 1^7,500 a year.^
This commissioner acts as the official secretary of the re-
gents, and he is also their executive officer. He appoints
many subordinates and assistants, subject to the approval
of the regents. He supervises the educational institutions
of the State, especially the free public schools and the
normal schools. He apportions the school moneys of the
State as previously described. He may, for cause, remove
a public school officer, or revoke a teacher's certificate.
He acts also as a judicial officer in the interpretation and
application of the school laws. Some cases are brought
before him in the first instance, as disputes over the elec-
tion of school officers ; also he must decide appeals from
the decisions of subordinate officers, especially the district
superintendents.

SUMMARY.

The State must have intelligent voters, if it would have
good government ; so it has established free schools and
requires the children to attend school.

Outside of cities, the State is divided into supervisory
districts ; and these are in turn divided into school districts,
each having its free common school, supported in part by
the State and in part by the district. Each city has its own
system of free public schools and its school superinten-
dent, as provided in its charter. All are under the super-
vision of the State commissioner of education.

The school district is a unit of local government for school
purposes. The school district meeting is the district legis-

^ Besides jj5i,5CX) for expenses.

212 GOVERNMENT OF NEW YORK.

lative body, and the school trustee is the chief executive
officer of the district.

Higher instruction in the State is under the supervision
of the regents of the University of the State of New York.

SUGGESTIVE QUESTIONS.

Give the substance of the law compelling children to at-
tend school in this State. What is the purpose of this law ?
How is it enforced?

Give an account of the district superintendent and his
duties.

What is a school district ? Describe in outline the gov-
ernment of the school district for school purposes. Who
is its chief executive officer ?

How are union free school districts formed ? For what
purposes ?

Describe the duties of the State commissioner of educa-
tion. How is he chosen ?

Name three sources from which money is obtained to
carry on the free public schools of this State. How may
a person obtain a license to teach in such schools ?

Describe the board of regents and its duties. How are
the regents chosen } For what terms } What is the Uni-
versity of the State of New York.!* Who was its first
chancellor } What is a regent's certificate }

CHAPTER XIX.
Assessment and Collection of Taxes.

Government cannot be carried on without money. The
town must have money to pay for roads and bridges ; the
village must have money for street lamps, village water-
works and police. The great city must spend millions of
dollars every year for lighting, paving, street cleaning, water,
police, schools, and a hundred other necessary public activi-
ties. In the county the sheriff, the county judge, county
clerk, and other officers must be paid. So in the State, the
governor and his army of assistants in the executive depart-
ment, the members of the legislature, and the judges of the
courts must all have their salaries. Without money, the
wheels of government would soon cease to revolve. Many
beneficial public activities would be suspended, schools
would close, courts and policemen would stop work, county
poorhouses and State asylums would be obliged to turn
their helpless inmates into the streets, law would remain
unenforced, and confusion, ignorance, and crime, would soon
triumph over the feeble and unorganized efforts of indi-
viduals.

But where is all the money, needed to carry on the vast
and complicated public activities of our government, to come
from ? How is it to be apportioned among the people bene-
fited ? How collected so as least to inconvenience the
people who are to pay it ? To answer these questions satis-

213

214 GOVERNMENT OF NEW YORK,

factorily has been from the beginning of civilized govern-
ment, one of its most difficult and delicate problems.

Money to Carry on the Government is Collected in the
Form of Taxes. — Money or service lawfully taken from the
people to meet the expenses of their government is called
taxes. Different governments have different methods of
assessing and collecting the taxes. Taxes for the support
of the government of the United States are collected very
largely as customs duties and internal revenue. The former
is a tax collected at the United States customhouses, on the
value of goods or products brought into this country from
foreign countries. The United States internal revenue taxes
are collected not on goods imported, but upon domestic
commerce and manufactures — especially liquors, tobacco,
etc. Internal revenue is often paid in the form of stamps
purchased from the government, and placed on the article
manufactured or sold. Both customs duties and internal
revenue taxes are known as indirect taxes, because they are
paid ultimately by the consumer or purchaser of the articles
taxed, in the increased price asked for such articles.^

State and Local Taxes. — Money for carrying on our
local governments, and sometimes for the State govern-
ment also, is collected very largely in the form of a tax on
the value of houses, lands and other permanent property,
called real property. Movable property, such as horses,

1 Indirect taxation has these advantages : the tax burden is distributed in
small amounts among many consumers, is not felt to be heavy, and the taxes
are easily collected. It has its dangers, however. The taxpayer, not realizing
the actual amount of the burden, is apt to feel too little interest in the tax and
too little responsibility, as a voter, for the wise and economical administration
of the government. Also, a customs duty often has the effect of raising the
price of domestic goods as well as that of the imported goods of the same
kind that are actually taxed.

ASSESSMENT AND COLLECTION Of TAXES. 215

cattle, the goods of a merchant, certain farm machinery,
etc., is also subject to taxation ; but this movable property,
which is called personal property, is a more difficult form
of property to tax than real property, owing to the com-
parative ease with which it can be concealed, and because
of its greater fluctuation in value. In the raising of direct
taxes, each owner of taxable property is required generally
to pay a tax equal to a certain definite percentage of the
value of his property subject to taxation. Thus if ;^ 100, 000
of taxes is to be raised in a certain city, and the value of
the taxable property in the city is $5,000,000, each dollar's
worth of property will pay two cents in taxes ; and John
Smith, who owns a house and lot valued at 1^2,500, must
pay fifty dollars. This form of taxation is called direct
taxation, because the tax money goes directly from John
Smith's pocket to the officers of the government, instead
of being paid indirectly, in the increased price which he
pays for an article which is taxed by the government.

Tax Districts. — For the purpose of collecting taxes, the
State is divided into tax districts, each district usually cor-
responding to a town or city. Officers are elected or
appointed in each town and city to ascertain the value of the
houses, lands, and other taxable property in the district, and
local officers often collect in a single sum, from each prop-
erty owner, the amount of taxes due from him to the State,
county, town, and city governments.

Fixing the Amount of the Taxes. — The State legislature
decides what sum must be raised each year from the prop-
erty in each county to carry on the State government. The
county board of supervisors in each county decides how
much money must be raised as a county tax to carry on the
county government ; and this is added to the sum to be

21 6 GOVERNMENT OF NEW YOKK.

raised in the county for State purposes. The amount to be
raised for town purposes is decided by the town meeting in
each town ; the sum is reported to the county board of
supervisors, and the board adds it to the town's proportion
of State and county taxes. The amount of money needed
to carry on a city government is usually fixed by its com-
mon council, which reports the sum to the board of super-
visors of the county in which the city is located ; and the
board adds to this sum the State and county tax for which
the city is liable, as in the case of a town. Village and
school-district taxes are collected independently of the State
and other local taxes, by the village and school-district
officers.

Assessors and Their Duties. — In each tax district of the
State, three assessors are elected by the people of the towns,
but special laws govern in the cities. It is the duty of the
assessors to " ascertain by diligent inquiry" all property and
persons in the district liable to be taxed. Generally all real
property — that is, houses and lands — must pay taxes, and a
mortgage given for a debt due upon a house or farm does
not lessen the amount of taxes the property must pay. A
man may also be taxed on his personal or movable prop-
erty after deducting his just debts from its value. Excep-
tion is made of public property belonging to the United
States or to the State, and of property of municipal corpora-
tions used for public purposes, such as a courthouse, jail,
park, cemetery, etc. Such property is not taxed. Neither
is the property of religious and charitable organizations, like
churches and hospitals, when used directly for religious or
benevolent purposes.

The Assessment Roll. — From information obtained by
the assessors, they make up what is called an assessment

ASSESSMENT AND COLLECTION OF TAXES. 217

roll for the tax district. This roll must contain the name
of each person in the tax district Hable to be taxed, the
value of his real property, and the amount of any personal
property or rents upon which he may be taxed. Having
made up the assessment roll, the assessors now notify the
people of the district that the roll is open for inspection.
The assessors fix a time and place for hearing any com-
plaints of persons, who may thmk themselves wrongly as-
sessed. As a result of these hearings, corrections may be
made in the assessment roll. This roll, when corrected, is
filed with the town or city clerk.

The County Board of Equalization. — The assessment
roll for each tax district is taken to the annual meeting of
the county board of supervisors ; and the board there ex-
amines the different rolls. If any person still feels aggrieved
at the amount he has been assessed, he may now appeal
from the decision of his local assessors to the county board
of supervisors, for its decision. This board, when examin-
ing the assessment rolls, sits as a County Board of Equaliza-
tion of Taxes, and has power to increase or decrease the
aggregate assessed value of the real property in any tax dis-
trict, in order to produce a just relation among the several
district valuations; but the board must not decrease the
total assessment of the county. The board apportions the
State and county taxes due from each town and city, adds
the town or city tax, and puts the amount of each person's
tax opposite his name on the assessment roll of his tax dis-
trict. The assessment roll, thus completed, becomes the
tax roll of the district. We will now go back to John
Smith, who owns a house and lot valued at ;^2,500. We
will suppose the county board of equalization finds that
;^ 1 00,000 is to be raised in taxes from the property of the

2i8 GOVERNMENT OF NEW YORK.

city where John Smith lives. Of this sum, $90,000 is
required by the city government to pay for schools, police,
streets, sewers, lights, etc.; ;^9,ooo is the city's share of
the money needed to carry on the county government; and
;^ 1,000 is due from the city to the State government. The
total tax on each dollar of taxable property in the city is
two cents. Of the fifty dollars taxes which John Smith will
pay on his property, valued at $2,500, forty-five dollars,
therefore, will go to the city government, four and one half
dollars to the county, and fifty cents to the State.

Collecting the Taxes. — The amount of each man's tax
having been ascertained, the board of supervisors directs the
collector in each tax district to collect the money due, and
pay it over to the officials entitled by law to receive it. The
superintendents of highways receive the money for building
and repairing the roads ; the superintendents of the poor,
the money for the support of the county's poor ; the super-
visor, the money for town expenses ; the city treasurer, the
money for the city government ; and the county treasurer,
the remainder. The county treasurer pays out of the money
received by him, any charges against the county, and he
pays to the State comptroller the tax on the property
of the county fixed by the legislature for State purposes.
Both the State comptroller and the county treasurer are
authorized by law to sell real property on which the tax
remains unpaid ; but the property so sold may be re-
deemed or bought back by its former owner, on his pay-
ing back taxes due, and the costs and expenses of the tax
sale. The local authorities of cities may sell in a similar
way real property on which certain city taxes have not
been paid.

The State Board of Equalization. — That the property in

I

ASSESSMENT AND COLLECTION OF TAXES. 219

each county may be justly assessed for the payment of taxes
due to the State, officers known as State tax commission-
ers, visit the different counties, ascertain the value of the
taxable property, and the manner of its assessment and valu-
ation by the assessors in the local tax districts. Once a
year, a State board of equalization, somewhat similar to the
county board just described, meets at Albany to examine and
revise the valuations of the taxable property reported from
the different counties. The tax commissioners are mem-
bers of this State board. The State board of equalization
may increase or decrease the aggregate value of the assess-
ment of the real property of any county, but it cannot de-
crease the total of the assessed valuation of property within
the State. Appeals from decisions of county boards of
equalization may be made to this State board.

"Tax Dodging" and its Penalty. — Sometimes persons
try to escape paying their just share of the taxes by con-
cealing their taxable property, or making false statements to
the assessors as to its value. Such attempted " tax dodg-
ing," the law of the State classes among the misdemeanors,
and a person thus trying to deceive the tax officers, may be
tried and punished by the criminal courts.

Revenues of the State. — Some years ago, the bulk of
the revenue of this State was derived from the direct prop-
erty tax described in this chapter. In recent years, how-
ever, the ordinary expenses of the State have been fully
met by revenues derived from special State taxes, etc., as
follows : on organization of corporations (about i per cent
of total State revenue) ; on the capital and income of rail-
road, telegraph, waterworks, lighting, and various other
corporations (about 30 per cent of the total revenue) ; on
certain inheritances of property (about 20 per cent) ; on trans-

220 GOVERNMENT OF NEW YORK.

f ers of stocks (about 1 5 per cent) ; on the liquor traffic (about
1 5 per cent) ; on mortgages (about 5 per cent) ; and from
numerous minor sources of income (about 10 per cent).
The only direct property tax now necessary is a small tax
levied to pay the interest and (gradually) the principal of
State debts authorized by the people ; ^ and even this need
not be levied if the legislature chooses to provide funds by
other means.2 Because of the large returns from the spe-
cial taxes, New York is thus in a very favorable position
in regard to the State tax on property. In most other
States there is a comparatively heavy State tax on property.

Private Corporations and their Nature. — We have
spoken of the taxes collected upon the capital stock and in-
come of private corporations operating railroads, telegraph
lines, etc. What is a private corporation, and how does it
differ from the municipal corporations of town, village, city
and county, previously described 1 Private corporations
are composed of persons united usually for the conducting
of money-making enterprises, like banking, insurance, rail-
roads and other enterprises too great to be successfully
managed by a single individual. A private corporation,
like a municipal corporation, must go to the State legisla-
ture for its charter for permission to do business ; and these
corporations are organized under a general law of the State,
known as the Corporation Law. When the individuals
composing a private corporation have obtained their char-
ter, they may buy, sell and hold property, carry on the
corporate business permitted by their charter, sue and be
sued, as a single individual.

Banks and Banking. — Important private corporations,

1 New York State Constitution, Article VII., Section 4.

2 New York State Constitution, Article VII., Section ii.

ASSESSMENT AND COLLECTION OF TAXES. 221

subject to the laws of New York, are the State banks, which,
under the general laws of the State, are allowed to issue
their banknotes, or promises to pay, for circulation among
the people as money. For the security of those who deposit
their money in State banks, or who use their banknotes as
money, the law provides that these banks shall be subject
to the control of the State Superintendent of Banks. Under
the State constitution all State-bank notes issued or put in
circulation as money, must be registered by the State, and
the banks must deposit with the State officers, securities suf-
ficient to redeem their notes in coin.^ The constitution still
further provides for the protection of the people against the
possible failure of the banks to meet the obligations of these
notes, that the legislature shall have no power to pass any
law, " sanctioning in any manner directly or indirectly, the
suspension of specie payments by any person, association
or corporation issuing banknotes of any description." ^
This means that, if so demanded, a bank must pay its notes
in coin. The State banks, however, do not issue banknotes
now, because such banknotes are heavily taxed by the
United States government. Their business is to receive
money on deposit and to loan money at interest. Special
kinds of State banking institutions are called trust com-
panies, savings banks, and building and loan associations,
all operating under the control of special State laws.

Differing from the State banks are the national banks,
created by United States law and under the supervision
of the United States Treasury Department. One of the
chief functions of the national banks, is to issue their paper
notes or promises to pay, and loan them to the people. A

1 New York Constitution, Article VIII., Section 6.

2 New York Constitution, Article VIII., Section 5.

222 GOVERNMENT OF NEW YORK

national bank, wishing to issue banknotes, must first buy
United States bonds ^ equal in face value to the total amount
of the notes which the bank proposes to issue. These
bonds the bank must deposit with an officer of the treasury
department known as the comptroller of the currency, as a
security for the redemption of its banknotes. The treasury
department at Washington then prints notes or bills for the
bank, which, when signed by the proper officers, may be
loaned or circulated as money.

The State not to Aid Private Enterprises. — The State
constitution 2 says that the money or credit of the State
shall not in any manner " be given or loaned to or in aid of
any association, corporation or private undertaking," con-
ducted for private gain. And the State may not become
the owner of any stock or bonds of any association or
private corporation. These constitutional provisions are in-
tended to prevent the lawmakers from using the public money
in such a way as to benefit any private enterprise. The
State legislature may incur debts at no time exceeding
1^50,000,000 for improvement of highways, and not more
than ;^ 1, 000,000 for ordinary expenses ; any other proposed
debts must be authorized by vote of the people, unless it be
for the purpose of repelling invasion, suppressing insurrec-
tion, or defending the. State in time of war.^ The State

1 Bonds of the United States are its written promises to pay at a definite
time money which it has borrowed, with interest, at a rate fixed by Congress
at the time of issuing the bond.

2 New York State Constitution, Article VIII., Section 9 ; also Article VII.,
Section i.

8 New York State Constitution, Article VII., Sections 2, 3, 4 and 12. The
people have accordingly authorized a debt of more than $100,000,000 for
deepening and improving the State canals. The State debt in 1909 was
$41,000,000, of which $30,000,000 was for canals and $11,000,000 for high-
ways.

ASSESSMENT AND COLLECTION OF TAXES. 223

constitution also prohibits any county, city, town, or village,
from giving money or property to, or loaning its money or
credit in aid of, any individual, association, or corporation,
or from owning any stocks or bonds of any private associa-
tion or corporation.^

The Forest Preserve and tltfe Canals. — New York owns
a vast quantity of wild forest land in the Adirondack region,
much of which is covered with virgin forests. In it are
the head waters of the Hudson, Mohawk, and other large
rivers, which supply water for the canals owned by the
State. This, with other wild lands owned by the State, is
called the ** Forest Preserve." It is under the care of the
forest, fish and game commission, and affords a magnificent
public park for the people of the State. The State consti-
tution declares that the forest preserve, now or hereafter to
be acquired, shall be forever kept as wild forest land ; and
that it may not be leased, sold, or exchanged, or taken by
any corporation ; and that the timber on it shall not be sold,
removed, or destroyed. In connection with the same sub-
ject, the constitution declares that the canals owned by the
State shall not be sold or leased, but must remain the prop-
erty of the State and under State management. No tolls
may be charged on the canals, but they are always to re-
main free public waterways for the use of the people.^

SUMMARY.

Money to carry on the various governments, State and
local, is collected from the people and property within the
State in the form of taxes.

Money for the support of the United States government

1 New York State Constitution, Article VIII., Section 10.

2 New York State Constitution, Article VII., Sections 7, 8 and 9.

224 GOVERNMENT OF NEW YORK.

is collected in the form of indirect taxes ; for the support of
the State government, principally in the form of special
taxes on corporations, inheritances, the liquor traffic, etc.;
for the support of local governments, principally in the
form of direct taxes on real and personal property.

The State legislature decides the amount of tax to be
raised for the State government ; the board of supervisors
the amount for the county ; the town meeting the amount
for the town ; and the common council the amount for the
city.

The State is divided into tax districts each with its own
board of local assessors, who fix the value of each man's
property for purposes of taxation, and record the same in
the district assessment roll.

The county board of supervisors, sitting as a board of
equalization, compares the assessment rolls of the several
.tax districts in the county, fixes a just relation between the
different valuations, and fixes each man's total tax for
State and local purposes, except village and school-district
taxes, which is then collected in a lump sum by the col-
lector of his tax district.

A State board of equalization performs similar duties in
regard to the valuations of the different counties of the
State.

SUGGESTIVE QUESTIONS.

Name three purposes for which taxes may be legally im-
posed in this State.

What is the difference between direct and indirect taxa-
tion .? Which is chiefly employed for State and local pur-
poses }

What are customs duties } What is internal revenue }

ASSESSMEN7' AND COLLECTION OF TAXES. 225

From what is the income of the State chiefly derived ?

What are the usual boundaries of a tax district in this
State ? Describe generally the mode of assessing and col-
lecting State and local taxes.

What is meant by the " county board of equalization " ?
What are the duties of this board ?

What is a tax sale ? When is it employed ? What is
the penalty for making false statements to the tax officials
about one's taxable property ?

How does a private corporation differ from a municipal
corporation ?

What officer has general supervision of the operations
of State banks ? For what purpose ? What provision of
the constitution prohibits a State bank from suspending
specie payments ?

Describe briefly the difference between a national and a
State bank. May the State guarantee the financial stand-
ing of a bank ? If not, why not ? May a city loan money
to a bank ?

What is the State's forest preserve ?

ADDITIONAL READING.

For a brief account of the history and working of the national
banking system, see Dunbar's Chapters on the Theory and History of
Banking, Chapter IX., "The National Banks of the United States."
On the general subject of taxation, see R. T. Ely's Taxation in
American States and Cities.

CHAPTER XX.
The Conduct of Public Elections.

Voting in New York seem& at first sight to be a very-
simple affair. The voter goes to the polls on election day,
and puts into the ballot box a piece of paper on which are
the names of men whom he wishes elected to public office.
But voting when we come to look more carefully into it, is
not such a simple matter. A large number of public offi-
cers are required to conduct our public elections, and many
forms of law must be complied with, before every citizen
possessing the right to vote, may cast a ballot for the men
of his choice, before the ballots so cast may be counted,
and before the men elected to public offices may take their
places in the service of the State and local governments.

Government Carried on by Political Parties. — One of
the first things we shall see, as we come to look more care-
fully into the subject of public elections, is that the men
elected to office nearly always represent some one or more
political parties. They are Republicans, Democrats, Pro-
hibitionists, Socialists, etc. When the citizen goes to the
polling place to vote, he does not, usually, write on his ballot
the name of any man who he thinks would make a good
governor, sheriff, mayor, etc., but he votes for men whose
names are already on the ballot — for men who have been
named for these offices by some organized body of citizens.
Thus he casts a ballot for the nominees of the Republican
party, the Democratic party, the Prohibition party, or the
226

THE CONDUCT OF PUBLIC ELECTIONS. 227

Socialist party. Or perhaps he votes for men who have
been named for office by some body of independent voters
not connected with these parties. If he votes for men not
previously nominated by some organized body, he votes for
persons who have no possible chance of being elected ; and
for this " throwing away of a vote " there is Httle excuse, ex-
cept as the voters of a minority party wish " to stand up
and be counted" for some principle held dear by them.
Because the men elected to pubHc office usually represent
some political party, the State has enacted laws regulating
the action of political parties, so as to give each member of
a party a voice in the selection of his party's nominees for
public office.

How Political Parties Work.— Parties in New York are
organized along the lines of the local political divisions —
election districts, towns, wards, cities, and counties. They
are also organized as State bodies. In each of these polit-
ical divisions every fully organized party has its party com-
mittee, composed of men voting with it, whose duty it is to
secure a voluntary enrollment or Hst of the party's voters,
to collect and pay out money to advance the party interests,
to circulate newspapers advocating its principles and candi-
dates, and to bring out the party's voters on registration and
election days. Such a committee also calls, at the proper
time, a primary meeting^ of the party's voters in the division
under its control, for the purpose of naming party candi-
dates for public office, or to select delegates to a nomi-
nating convention that shall name such candidates.

The Party Primary. — Every enrolled party voter may
attend his party's primaries held in the district where he
lives. Here by voice and vote he may help to name his

1 Sometimes called a caucus.

228 GOVERNMENT OF NEW YORK,

party's candidates for public office ; also the leader of his
party for his district. The primary meeting is in theory
very much like the town meeting, except that it is attended
by the voters of one political party only, and that they
meet to elect officers of their party, and to name candidates
for public office instead of to elect them. In the primary
is thus the real beginning of ''government by the people."
Party primaries usually name Candidates for office in the
smaller political divisions, such as the town or ward ; while
nominating conventions composed of delegates elected at
the primaries name the candidates in the larger divisions ;
and the State convention, which frames a party platform,
or statement of principles, and names candidates for state
offices, may be made up of delegates chosen at district
conventions. A special State convention in Presidential
years elects delegates to the national convention of the
party, which frames a platform and nominates candidates
for President and Vice-President.

State Regulation of Parties. — The law of New York
provides that every political organization casting a certain
number of votes for governor (at present 10,000) shall be
known as a political party. It also provides, in cities of
the first and second class,^ that the enrollment of party
voters shall take place under the direction of the public
inspectors of election, at the times and places provided for
the registration of voters for the public elections. Party
primaries in the same cities, to insure fairness, are also
conducted under the direction of the same public inspec-

1 Other cities, and villages of 5,000 or more population, may, on formal
request of a majority of the voters, or on request of the party committees,
come under the provisions of this law. See Chapter 223, Laws of 1909,
known as the " Election Law."

THE CONDUCT OF PUBLIC ELECTIONS. 229

tors. Such primaries are known as Official Primaries, to
distinguish them from the unofficial primaries conducted
by the regular party committees.

Annual Primary Day. — The seventh Tuesday before
the general election is Annual Primary Day.^ Then all
official primaries are held, except in Presidential years,
when they are held on the tenth Tuesday before election.
On such Presidential years the last Tuesday in March is
an Additional Primary Day for the choice of delegates
to conventions having to do with the nomination of Presi-
dent and Vice President.

Filing the Nominations. — The party convention or
primary having chosen its candidates to be voted for by the
people at the public election, their names must be filed
with certain public officers designated by State law. If the
nominations are for offices to be filled by the voters of the
entire State, such as governor or secretary of state, or by
the voters of a division larger than a county, such as a Con-
gressional District, the names of the candidates must be
filed with the secretary of state. Nominations for offices to
be filled by the voters of a county must be filed with the
county clerk,2 of a city with the city clerk. Other local
nominations may be filed with a town or a village clerk.
Bodies of citizens not connected with any of the regular
political parties, may nominate candidates " by petition,"
as it is called. This is done by getting a certain number
of voters to sign a paper naming a particular candidate.

Registering the Voters. — For purposes of conducting pub-
lic elections, the State is divided into election districts, each

1 Except in New York City, where Primary Day is the sixth or eighth Tues-
day before election, instead.

2 Except in a few counties which have commissioners of elections.

230 GOVERNMENT OF NEW YORK.

district having one polling place. In towns and villages the
election districts are few in number ; in large cities they
sometimes number hundreds. At every polling place, a
certain number of days before election, officers known as
the board of registry meet to register the qualified voters of
the district. As already stated, ^ every voter must be regis-
tered before he can vote. No matter how well a voter may
be otherwise qualified, if he fails to register, he cannot vote.
This is a rule adopted to prevent fraudulent voting. In
cities and villages of the first class, the board of registry
holds four meetings, and each voter must present himself
personally to be registered. In country districts, and
smaller villages, but two meetings of the board of registry
are held, and it is not always necessary that a voter be pres-
ent personally to be registered.

The Public Election.— The General State Election is held
annually, on the first Tuesday following the first Monday in
November, and the polling places throughout the State
must be open on that day from 6 A. m. to 5 p. m. for the re-
ception of ballots. The election officers in each district
consist of four inspectors of election, two poll clerks, and
two ballot clerks — all divided equally between the two
leading political parties.

Official Ballots. — Official ballots to the number of twice
the registered voters are provided at each polling place at
public expense, and none but such ballots may be voted.
The official ballot contains in separate party columns, each
headed by the party emblem, the names of all the candidates
duly nominated and to be voted for by each political party,
and by each body of citizens making independent nomina-
tions. There is also a blank column on the ballot in which

1 Chapter XII., « The Right to Vote. "

w

O

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For Prreidrat,

WILLIAM UcKINLET

For Vio^Presidrat,

raEODOKKRlM^<SEVELT

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For President,

WILUiM J. BRYAN

For Vice-Prraiiicnt,
\DLAI R STEVENSON

O

SOCUUJT IM0« flC«T

For Presidait,
OSEPH F. MALLONET

For Vice-President,
VALENTLNE REMMEL

o

For Preodcnt,
JOHN Q. WOOLLEY
For Vice-President,
HEJfRYRMETCALF

DiUEPENDENT
NOMINATIONS

o

WCIUOCIIOClliTlC TICttT

ForPresiJnit,
EUGENE V. DEBS
For Vice-President.
JOB H.ARRIMAN

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SPECIMEN BALLOT.

231

232 GOVERNMENT OF NEW YORK,

any voter may write the name of any person for whom he
wishes to vote, if the name does not appear in any of the
party or independent columns.

Marking the Ballots. — As each voter enters the polling
place to vote, his name is announced by the election offi-
cials and he is given an official ballot, which he takes into
one of a number of secret voting booths provided in the
polling place. There in secret the voter marks his ballot.
If he wishes to vote a " straight party ticket," that is for the
candidates nominated by a single political party, he makes
an " X" mark in a circle which is printed at the head of that
party's column on the ballot. If he wishes to vote a " split
ticket," that is, to divide his vote among the candidates of
different parties, he makes an " X " mark before the name
of each candidate for whom he wishes to vote.

Voting. — After the voter has marked his ballot, he folds
it, with the names inside, so that no person can see for whom
he has voted, comes out of the secret booth and hands the
folded ballot to one of the election officers, who, if the vote
is not challenged, deposits it in the ballot box.

Any person's vote may be challenged by an inspector of the election,
and must be challenged on the written request of any voter. When
challenged, the person offering to vote is questioned, under oath, as to
his qualifications as a voter, and if he swears (or affirms) that he has
the requisite age, residence, citizenship, etc., his vote is received ; other-
wise it must be rejected.

This secret method of voting with official ballots supplied
through public officers, at public expense, is called the
Australian system, because it was first used in Australia.
The secret vote gives every voter an opportunity to deposit
a ballot for the men of his choice without fear of intimida-
tion. It also tends to prevent bribery at elections.

THE CONDUCT OF PUBLIC ELECTIONS. 233

Counting the Ballots. — The votes are immediately, at the
closing of the polls in each election district, pubHcly counted
by the inspectors of election, and the result is filed with the
county clerk. The supervisors of each county then meet as a
board of county canvassers, to determine the results of the
election, from the reports filed with the county clerk. The
successful candidates for county offices receive certificates
of election from the county clerk. The report of the can-
vass of each county board, for State officers, and officers
of districts larger than a county, is sent to a State board
of canvassers, consisting of the secretary of state and other
State officers. This State board is the final authority in
determining the results of the election. ^ The successful
candidates receive certificates of election from the secre-
tary of state. The successful candidate for any office is
the one who is found to have the greatest number of votes
polled for the office. It is not necessary that he have a
majority of the votes.^ The ballots are preserved for six
months, so that they may be reexamined, on the order of
a court, in case of a dispute.

The Oath of Office — Provisions against Bribery. —
Members of the State legislature and all State officers,

1 With two exceptions : the courts may intervene to correct error or fraud, and
each legislative body (assembly, senate, federal house of representatives) is the
final authority. as to election of its own members. All elections, even for repre-
sentatives and presidential electors, are conducted under State law, and State
officers are the final authority in determiningthe election of presidential electors.

2 The candidate polling the most votes for a particular office is said to have
a plurality of the votes cast. This is not necessarily a majority of the votes.
A majority means more than half the votes cast for a particular office. In
case of three candidates for the same office, if A had 5,000 votes, B, 10,000,
C, 15,001, C would have a majority; but if C had instead 14,000 he would
have only a plurality. Most other States, like New York, require only a
plurality to elect. A very few require a majority vote for some offices.

234 GOVERNMENT OF NEW YORK.

executive and judicial, except inferior officers exempt by
law, must, before they enter upon the duties of their offices,
take, before a public officer authorized to receive an oath, an
oath or affirmation to support the constitution of the United
States and the State constitution, and faithfully to discharge
the duties of their offices ; and each must, in addition,
solemnly swear (or affirm) that he has not directly or
indirectly paid, offered or promised to pay, contributed, or
offered, or promised to contribute, any money or other
valuable thing as a consideration or reward for the giving
or withholding of a vote, at the election at which he was
chosen ; and that he has not made any promise to influence
the giving or withholding of any vote.^ Any officeholder
who receives anything of value for performing or omitting
to perform any official duty, is guilty of a felony ; and any
person who promises or offers a bribe to an officeholder for
such a purpose, is guilty of a f elony.^ A person who offers
or accepts a bribe for the giving or withholding of a vote
at an election forfeits his right to vote at that election. The
crime of bribery is peculiarly vicious, in that it strikes at
the very foundation of self-government.

Corrupt Practices Act. — Candidates and parties may
incur legitimate expenses, as for traveling expenses, tele-
graph and messenger service, the distribution of circulars,
the holding of public meetings. The party's campaign fund
is derived from voluntary contributions, which ought to be
made only for patriotic reasons. In former times, however,
large sums have been corruptly raised and corruptly spent
in swaying elections. To check this evil, the law^ now

1 New York State Constitution, Article XIII., Section i.

'^ New York State Constitution, Article XIIL, Sections 2 and 3.

* Sections 540 to 561 of the Election Law.

THE CONDUCT OF PUBLIC ELECTIONS. 235

applies the remedy of publicity by requiring that all candi-
dates, except for town and village offices, shall make state-
ments of their election expenses ; and that the treasurer of
each political committee shall likewise make a statement
of campaign receipts and expenditures. These statements
are filed with the secretary of state and are open to public
inspection.

Time of Elections. — As we have already learned (pp. 1 5,
36, 47, 204), local elections are to a large extent held on dif-
ferent days from the State and national elections, in order
that local questions may not be dominated by party politics.
In the general elections, representatives in the United States
Congress, presidential electors, State executive officers and
State senators are chosen in even-numbered years ; judges
of the State courts, assemblymen and county officers, in
either even or odd numbered years.

Reforms. — Various measures of reform are urged by
many people in connection with elections :

The Massachusetts Ballot. — In the Massachusetts ballot
the names of candidates appear in alphabetical order under
the name of each office, making it necessary for the voter
to mark a separate x for each person voted for. This
makes the voter consider the candidates separately and
encourages split tickets.

The Short Ballot. — On the other hand, the advocates of
the short ballot say that voters cannot give adequate con-
sideration to so many candidates. They propose to reduce
the number of elective offices, making more officers ap-
pointive, and concentrating power and responsibility in
fewer hands.

The Voting Machine. — Voting machines are complicated
and expensive, but work rapidly, so that fewer election dis-

236 GOVERNMENT OF NEW YORK.

tricts and fewer election officials are necessary. Moreover,
they make ballot-box frauds impossible and show the result
of the election as soon as the voting is ended. Their use
in this State is permitted by law, and they have been in-
troduced in some parts of the State.

Direct Primaries. — There is a growing feeling that most
if not all nominations for pubHc office should be made at
the primaries. Such a system, known as the " Direct Pri-
mary," is in operation in a number of the Western and
Southern States. It is designed to take nominations out
of the hands of the political "boss" and put them into the
hands of the people.

SUMMARY.

A candidate for public office must usually win a nomina-
tion from a political party before he can win an election at
the polls ; for this reason the State regulates by law the con-
duct of political parties, which are organized along the lines
of the different poHtical divisions — State and local.

Nominations for public office are made in party primaries
and conventions, the names of the nominees filed with the
public election officials and placed upon an official ballot,
which is given to every qualified voter at the polls on elec-
tion day.

The State is divided into election districts, each having
its own polling place and its own local election officials.

Voting is done in secret and the votes are publicly counted
by the election officials of each district, and the result filed
with the county clerk.

The boards of supervisors, acting as boards of county can-
vassers, canvass the results of the election in the several
counties, and report to the State board of canvassers, which

THE CONDUCT OF PUBLIC ELECTIONS, 237

is the final authority in determining the results of a general
election.

SUGGESTIVE QUESTIONS.

What is an official ballot ? What must it contain ?

What is a political party under the laws of New York ?

What is a primary ? How does it differ from a nominat-
ing convention ? Who are entitled to attend and take part
in a primary or caucus ? In a nominating convention ? De-
scribe briefly the manner of enrolling party voters in this
State.

With whom must nominations for a State office be hlea t
A county office ? For member of the house of representa-
tives ? What is meant by an independent nomination ?
What feature of the official ballot gives a voter absolute free-
dom in expressing his choice for the occupant of any par-
ticular office ?

How may a legal voter lose his right to vote at a particu-
lar election ?

Name the election officers required in each election dis-
trict.

Explain the terms " plurality " and " majority."

Give the substance of the oath of office required of State
officials.

In which congressional district do you live ? In which
judicial district? senatorial district? assembly district?
county? school district? If in a city, what is the number
of your ward or aldermanic district ?

What are the arguments for and against direct primaries ?
the use of voting machines ? the Massachusetts ballot ? the
short ballot ?

CHAPTER XXI.
The State and the United States.

Up to this time we have been speaking of New York as an
independent pohtical unit, doing its own public work, through
the State and local governments which its people have created.
We shall now speak of New York as a part of the United
States — the great national state ^ of which New York is one
of forty-six local States or commonwealths. How did New
York become a part of the independent nation known as the
United States ? To answer this question we must go back to
the time when the people of thirteen British colonies, lying
between the Appalachian Mountains and the Atlantic Ocean
— weak in men and arms, but strong in their sense of justice
and personal freedom — were struggling with Parliament and
king for their constitutional rights as Englishmen.

Taxation Without Consent. — The war of the American
revolution, as everybody knows, was fought mainly over the
question of the right of Parliament to tax the people of the
colonies without their consent. For hundreds of years

• The word " state " is here used in its general sense, and means the whole
body of people united under a single government, whatever its form. Thus
we may speak of the " British state " or the " French state," meaning the
people of Great Britain or the people of France united under their respective
governments. " The state," says Professor Burgess in his Political Science
and Constitutional Law, ** is a particular portion of mankind viewed as an
organized unit." In this sense the United States is the «♦ state " while the
word " State," as applied to local commonwealths like New York, Massa-
chusetts, etc., is to be taken in a special and limited sense, and as applying
only to divisions of the real state.

238

THE STATE AND THE UNITED STATES. 239

before the Revolutionary War, it had been the constitutional
right of Englishmen to pay taxes levied only by the consent
of their chosen representatives. When, in 1 21 5, King John
signed the great charter, he agreed to levy no new taxes
except by consent of the representatives of the English peo-
pie in the " general council of the kingdom." When, fifty
years later, Earl Simon de Montfort summoned the first
English House of Commons in opposition to the unjust rule
of Henry III., this body announced as one of its leading
principles that the people can be taxed only by consent of
their lawfully chosen representatives. In 1297 King Edward
I., formally renounced, by act of ParHament,^ the right to
tax the English people except by consent of their parlia-
mentary representatives. Almost from the beginning of the
English settlements in America, each, colony had its own
representative assembly, chosen by its own people, which
alone had the right to levy the provincial taxes. Hence
when George III. tried to impose, through the Stamp Act, a
tax on the internal commerce of the colonies without the
assent of the colonists, it seemed to them to be an act of
intolerable tyranny.

Beginnings of Colonial Union— The Stamp Act Con-
gress.— The Massachusetts assembly took the first impor-
tant step against this attempt at unlawful taxation, by invit-
ing the different colonial assemblies to send delegates to a gen-
eral convention in opposition to the Stamp Act. The invita-
tion was accepted, and representatives from nine colonies
met October 7, 1765, in the New York city hall, in what has

' This was the Statutum de Tallagie, by which the right of arbitrarily tax-
ing the citizens and burgesses was relinquished in these words : " No tallage
or aid shall be taken or levied by us or our heirs, in our realm, without the
good will and assent of the archbishops, earls, barons, knights, burgesses and
other freemen of the land,"

24© GOVERNMENT OF THE NATION.

since been known as the Stamp Act Congress. This Con-
gress or meeting drew up a memorial to Parhament, a peti-
tion to the king, and a declaration of rights, in which it was
asserted that the people of the colonies " are entitled to all
the inherent rights and liberties of the king's natural born
subjects within the kingdom of Great Britain ; that it is in-
separably essential to the freedom of a people and the un-
doubted right of Englishmen, that no taxes be imposed
upon them, but by their consent, given personally, or by
their representatives " ; and that " the only representatives of
the people of these colonies are persons chosen by themselves
therein " ; and " that no taxes ever have been, or can be
constitutionally imposed upon them, but by their respective
legislatures." Every patriotic young American knows how
Parliament, frightened into the repeal of the Stamp Act,
still insisted upon levying an impost duty on tea ; of the
struggle which followed the attempt to force this taxed tea
upon the people ; of the Boston " tea party " ; of the closing
of the port of Boston, and the taking away of the chartered
Hberties of Massachusetts.^

The First Continental Congress. — ^The people of all the
colonies smarted under the wrongs inflicted on Massa-
chusetts ; for they saw in them danger not only to Massa-
chusetts, but to the liberty of every British subject on this
side of the Atlantic. Everywhere, throughout the colonies,
there flamed out a sentiment in favor of resistance. The
result was the calling of the First Continental Congress. It
met at Philadelphia, September, 1774, every colony except

' Parliament took from the selectmen of the Massachusetts towns the
power to summon juries, and gave this power to sheriffs appointed by the
king. Town meetings were prohibited, and judges, justices of the peace, and
other officers formerly elected by the people, were appointed by the king or
by his representative.

THE STATE AND THE UNITED STATES, 241

Georgia being represented by delegates chosen by its pro-
vincial assembly. The Continental Congress had no power
to make laws, but it prepared a general plan for commercial
nonintercourse with Great Britain, drew up a declaration of
rights and a petition to Parliament and to the king in which
it asked that English subjects on this side of the Atlantic
be given " equal freedom " with EngUshmen everywhere.

The Second Continental Congress. — Meanwhile British
troops assembled at Boston, set out on their memorable ex-
pedition to destroy the military stores gathered by the
Massachusetts patriots at Concord. On the morning of
April 19, 1775, there was fired at the north bridge " the shot
heard round the world." A few days later the Second
Continental Congress, composed of delegates, chosen
principally by conventions of the people in the different
provinces, though some were still sent by the provincial as-
semblies, met at Philadelphia. This Congress at once as-
sumed charge of the common war against Great Britain;
began the enrollment of troops for the colonies ; assigned
quotas of men and money to be raised by the different
colonies ; and appointed George Washington commander in
chief of the colonial forces, — henceforth known as the Con-
tinental Army. To these revolutionary acts the people of
the several colonies generally assented.

The Government of the United States Begins in the
Continental Congress. — From the time that the Continental
Congress assumed the right to manage the common cause
of the colonies, it is safe to say that our existence as a na-
tion began ; ^ and the separate colonies, which had before

' " This (the Continental Congress) was the first organization of the
American state. From the moment of its existence there was something
more on this side of the Atlantic than thirteen local governments. There

242 GOVERNMENT OF THE NATION,

been subject to Great Britain, now became voluntarily sub-
ject to their representatives in the Continental Congress.
The authority of Congress did not however rest upon any
definite grant of power by the colonies. It was assumed by
Congress and acquiesced in by the people. Congress
planned and recommended, and its plans and recommenda-
tions were voluntarily carried out, under the stress of war,
by provincial congresses chosen by* the people of the differ-
ent colonies.

The Declaration of Independence. — Sentiment for union
among the colonies and in favor of separation from Great
Britain now became almost universal. On May lo, 1776,
the Continental Congress, sitting at Philadelphia, " rec-
ommended that the several assembHes and conventions
of the United States Colonies " adopt in each colony " such
a government as shall in the opinion of the representatives
of the people best conduce to the happiness and safety of
their constituents in particular, and America in general."
In plain words, this was a recommendation that each colony
organize its own government independent of Great Britain.
On July 4, 1776, the Continental Congress acting <* as the
representatives of the United States of America," ^ adopted
the Declaration of Independence, which formally separated
the colonies from Great Britain. In this declaration, it was
asserted that " these United Colonies, are and of a right,
ought to be free and independent states ; that they are ab-
solved from all allegiance to the British Crown," •' and that

was a sovereignty, a state ; not an idea simply on paper, but in fact and in
organization. The revolution was an accomplished fact before the Declara-
tion of 1776, and so was independence." — Burgess, Political Science and
Constitutional Law.
> Heading of the Declaration of Independence.

THE STATE AND THE UNITED STATES. 243

as free and independent states they have full power to levy
war, conclude peace, contract alliances, establish commerce
and do all other acts and things which independent states
may of right do." Such was the formal birth of the nation,
of which New York is now one of the local commonwealths
or States.

The Articles of Confederation. — Thus far the authority
of the Continental Congress, which had put forth the Declara-
tion of Independence, raised armies, laid taxes, and con-
tracted a common debt for the colonies to carry on their
common war, had been an authority of undefined powers,
voluntarily submitted to by the people of the colonies act-
ing through the several provincial congresses, or legisla-
tures, which they had chosen. The people now saw the
need of a central government with definitely granted
authority and specifically defined powers. Congress had
previously appointed a committee from among its members
to draw up such a plan of government. This plan was re-
ported by the committee, eight days after the adoption by
Congress of the Declaration of Independence. It was de-
bated by Congress and adopted November 15, 1777, in the
form of " Articles of Confederation and Perpetual Union
Between the States of New Hampshire, Massachusetts Bay,
Rhole Island and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland, Vir-
ginia, North Carolina, South Carolina and Georgia." The
Articles of Confederation, thus adopted, were submitted to
the legislatures of the thirteen States, each legislature being
advised to authorize its delegates in the Continental Con-
gress to ratify or agree to the articles for the State. The
ratification of the last State — Maryland — was secured March
I, 1781.

244 GOVERNMENT OF THE NATION,

Government Under the Articles of Confederation. —
The ratification of the Articles of Confederation made the
United States a nation in law, as well as in fact. Under
these articles the United States occupied a position with
reference to the several States, somewhat like that which
Great Britain had occupied towards the several colonies.
The articles affirmed that each State retained " its sov-
ereignty, freedom and independence and every power
jurisdiction and right," " not by this confederation espe-
cially delegated to the United States in Congress assembled."
They also declared that the States " hereby severally enter
into a firm league of friendship with each other for their
common defence, the security of their liberties and their
mutual and general welfare, binding themselves to assist each
other against all force offered to, or attacks made upon them,
or any of them." This was the form of government known
as a confederacy, or union of States, rather than a govern-
ment set up by the people of a single Federal state.*

Congress the Central Government of the Confedera-
tion.— Congress was the government of the United States
under the Articles of Confederation, as it had been before
the adoption of these articles. It was composed of from
two to seven delegates from each State chosen annually by

» Professor Burgess in Political Science and Constitutional Law, thus dis-
tinguishes a confederacy from a federal form of government like that of the
United States to-day : «* Confederate government is the form in which, as to
territory and population, the state (nation) is coextensive in its organization
with the organization of the local government. Federal government is the
form in which, as to territory and population, the state (nation) is coexten-
sive in its organization with the organization of the general government. In
a confederate system there are several States, an equal number of local
governments and one central government. In the federal system we have
one state, one central government and several local governments."

THE STATE AND THE UNITED STATES. 245

its legislature. Each State had a single vote in Congress,
no matter how many delegates it sent. Each paid the ex-
penses of its own delegates, and a State might at any time
recall a delegate and send another in his place. The articles
gave Congress power to regulate and control the foreign
relations of the several States and of the United States ;
and the control of the army and navy of the United States ;
and no State could maintain an army or navy without the
consent of Congress. Congress had charge of the national
finances ; determined the value of coin and the standard of
weights and measures ; and was the last resort in all dis-
putes between the States. There were no separate depart-
ments in the new government, but all powers, legislative,
executive and judiciary, were exercised by Congress which
met as a single house. The executive work of Congress
was conducted chiefly by a committee of one member from
each State known as the " Committee of States."

Weakness of Government Under the Confederation. —
In the form of national government prescribed by the
Articles of Confederation, there were many weaknesses and
defects, which finally resulted in its entire overthrow, and
the adoption of a new form of government under the
present Constitution of the United States. The main defect
was the inability of Congress to enforce any of its own
acts, against the wishes or indifference of individual States.
Congress " could ask the States for money but could not
compel them to give it ; it could ask them for troops but
could not force them to heed the requisition; it could
make treaties with foreign nations, but must trust the States
to fulfill them ; it could contract debts but must rely upon
the States to pay them." ^ It could not compel the States

1 The State, Woodrow Wilson.

246 GOVERNMENT OF THE NATION.

to abide by its decision in disputes among themselves. In
short, the government of the United States lacked executive
power. Foreign nations would not enter into treaties with
the United States because the government could not compel
the States to observe those treaties. Finally the vital
power to levy and collect taxes was wholly lacking, except
as the Articles of Confederation gave Congress power to
" ascertain the necessary sums of money to be raised for the
service of the United States," ^ and power to apportion the
rate of proportion to be paid by each State. The taxes
themselves were to be " laid and levied by the authority
and direction of the legislatures of the several States." ^ If
a State legislature neglected or refused to act, Congress
could not collect a dollar from the State.

Need of a Stronger National Government Recog-
nized.— The central government struggled for six years
against the burden of weakness imposed by the insufficient
executive power granted to Congress, gathering a constantly
increasing harvest of disrespect at home and contempt
abroad. Year after year States failed to pay their propor-
tion of the national taxes apportioned by Congress. Paper
money issued by the national government became almost
worthless, and Congress with great difficulty borrowed
money from France, Holland, and Spain, to pay the running
expenses of the government. Commerce fell into decay.
Different States enacted burdensome tariff laws against the
products of neighboring States. Some States, to save ex-
pense, neglected to send delegates to Congress. Unpaid
soldiers of the continental forces mutinied, and insulted
Congress at its very doors. Rebellious outbreaks occurred

» Articles of Confederation, Article IX.
* Articles of Confederation, Article VIII.

7y/£ STATE AND THE UNITED STATES. 247

in a number of States. Spain threatened to make trouble
over the navigation of the Mississippi, and Great Britain,
although the w^ar of the revolution had ended, refused to
withdraw her troops from our western borders. The coun-
try became rapidly convinced of the need of a stronger
national government.

Call for a Convention to Frame a New National
Government. — In 1786, delegates from five States met in
convention at Annapolis, Md., to discuss the regulation of
commerce among the different States. Members of this
meeting proposed a convention of delegates from all the
States, •* to take into consideration the situation of the United
States, to devise such further provisions as shall appear to
them necessary to render the constitution of the Federal
government adequate to the exigencies of the Union, and to
report such an act for that purpose to the United States in
Congress assembled." This proposition was sent to the
legislatures of all the States. It was also sent to Congress,
which approved the calling of the convention.

The Constitutional Convention. — Delegates to the pro-
posed convention were chosen by the legislatures of all the
States except Rhode Island, and it met in May, 1787, at
Philadelphia. It was composed of fifty-five delegates, among
them being the most distinguished men of the country.
Washington was chosen president of the convention, which
sat with closed doors and debated all questions in secret.
Each State, as in the Continental Congress, had a single
vote.

Three Great Compromises. — How may the national
government be made strong enough, without, at the same
time, infringing the rights of the States and the liberties of
the people .? This was the question that at once confronted

248 GOVERNMENT OF THE NATION.

the convention. All agreed that Congress, the central
lawmaking body, should be continued ; but a radical differ-
ence of opinion arose as to how the States should be rep-
resented in Congress. The larger and more populous
States, as Virginia and Massachusetts, declared that each
State should be represented in proportion to its popula-
tion; but the smaller States, like New Jersey and Con-
necticut, demanded equal representation. It was finally
agreed that Congress should be composed of two houses, a
Senate and a House of Representatives ; that each State
should be equally represented in the senate, but repre-
sented in proportion to its population in the house.

A difference of opinion then arose between the Northern
and the Southern States as to whether negro slaves should
be counted in reckoning population to determine a State's
representation in the house. The convention finally de-
decided that five slaves should be counted as equal to three
citizens for purposes of representation.

A third point of dispute arose between the New Eng-
land commercial States and the Southern planting States.
Shall Congress have the power by a simple majority vote
to pass laws regulating trade } " Yes," said the North ;
" No," said the South, " not unless our right to import
slaves remains untouched." The dispute was settled by
a third compromise, in which it was agreed that Congress
may, by a majority vote, regulate trade, and that the im-
portation of slaves should not be prohibited until after 1808.

The convention proceeded to draft the present con-
stitution of the United States, placing in it an article ^ to the
effect that when conventions of the people in nine States
should agree to the proposed new constitution, it should be-

1 United States Constitution, Article VII.

THE STATE AND THE UNITED STATES. 249

come binding law for those States. The convention then
sent the proposed constitution to the Continental Congress,
advising that body to agree to it, and to send it unamended
to conventions to be called in the different States for its
ratification.

The Constitution Ratified by State Conventions. — A
convention chosen by the voters of Delaware was the first
to agree to the proposed constitution, as recommended by
Congress and by the national constitutional convention.
This was soon followed by the ratification of the constitution
by the convention in Pennsylvania. By June, 1788, conven-
tions chosen in nine States had formally ratified the new con-
stitution. By August two more States had agreed to it, and
Congress, in September, 1788, appointed the first Wednes-
day of the following February, as the time for the election
of a president and vice president of the United States under
the new constitution.^ It also appointed the first Wednes-
day in March (March 4, 1789), as the time for the organ-
ization of the new government of the United States. The
authority of the old Continental Congress, authorized by the
Articles of Confederation, then ceased. On March 4, the
Congress of the United States under the new constitution,
assembled in New York, and on April 30, George Washing,
ton was formally inaugurated as the first President of the
United States. Such was the birth of the United States of
America under the constitution now in force.

SUMMARY.

New York is one of the many local commonwealths or
States in the national state known as the United States.

^ Rhode Island and North Carolina did not ratify the Constitution until the
year after the new government of the United States went into effect.

250 GOVERNMENT OF THE NATION.

The government of the United States began in the Con-
tinental Congress, whose acts were acquiesced in, and whose
recommendations were voluntarily carried out by the thir-
teen colonies, under stress of war during the American
Revolution.

The Declaration of Independence formally separated the
American colonies from Great Britain ; and the adoption of
the Articles of Confederation made the United States a
nation in law, as well as in fact.

Under the Articles of Confederation, Congress was the
government of the United States. Congress consisted of a
single legislative body, in which each State had one vote.
There were no separate executive and judiciary departments
in the national government.

The chief fault of government under the Articles of Con-
federation was the inability of Congress to collect taxes and
enforce any laws of the United States. Congress could only
recommend and advise, leaving its wishes to be carried out
by the separate State governments.

The need of a stronger national government resulted in
the calling of the constitutional convention of 1787, which
framed the present constitution of the United States. The
constitution was submitted to conventions of the people in
the several States, with the understanding that, when rati-
fied by nine States, it should become the legal basis of a
national government for those States.

SUGGESTIVE QUESTIONS.

What is the meaning of the word " state " as applied to
New York ? As applied to the United States ?

What functions did the so-called " Provincial Congresses "
perform during the Revolutionary War?

THE STATE AND THE UNITED STATES. 251

When may the actual govenimcnt of the United States be
said to have begun ? Was this government voluntary or
compulsory so far as the individual States were concerned ?
What formal document made the United States a govern-
ment in law, as well as in fact ?

Describe generally the powers of Congress under the Ar-
ticles of Confederation. How were the States represented
in Congress? What was their relative power one to an-
other in that body ?

What is the difference between a confederation and a
federal state ? Which of these terms now applies to the
United States ?

Describe generally, the weakness of the government of
the United States under the Articles of Confederation.

Give in detail the steps leading up to the calling of the
constitutional convention of 1787. How were delegates to
that convention chosen? What were the relative powers
of the States in the convention ? What part had the people
of the United States in the ratification of the constitution
framed by this convention ? When and where did the
government of the United States under the present consti-
tution begin ?

ADDITIONAL READING.

For an account of government under the Articles of Confederation,
and the growth of the idea of the need of a stronger national govern-
ment, with an account of events leading up to the adoption of the
present constitution of the United States, see Hildreth's History of the
United States, Volume III., Chapters XLIV. to XLVIII. See in the
same connection Schouler's Constitutional Studies, Part II., Chapters
III. and IV., "Articles of Confederation," and "The Federal Con-
stitution: Its Nature and Establishment."

CHAPTER XXII.
The United States, the States, and the People.

Let us look at the government established by the
constitution of the United States, and at the rights and
duties of the national government, of the States, and of the
people, under that constitution.

The United States a Nation.— First, the United States
is, under the present constitution, one indivisible national
state ^ and not a league of States with a central national
government, as under the old Articles of Confederation.
The difference may be shown by a comparison.

A Comparison. — Under the Articles of Confederation,
Congress — then constituting the government of the United
States — dealt almost exclusively with the governments of
the several States. Under the present constitution the gov-
ernment of the United States deals chiefly with the people of
the United States^ and but little with the governments of
the several States. Under the Articles of Confederation, if
Congress wanted money, it applied to the governments of
the several States. Now, the government of the United
States collects taxes directly from the people by its own
revenue officers located in every State. Under the Articles
of Confederation members of Congress were elected by
State legislatures ; when they voted the members from each

' " The state is a particular portion of mankind viewed as an organized
unit." — Burgess, Polilical Science and Constitutional Law.
252

THE STATES, AND THE PEOPLE. 253

State voted as a unit, casting a single ballot /(?r their State.
Under the present constitution members of the United
States Congress (except senators) are chosen by direct vote
of the people, and all congressmen vote in Congress as in-
dividuals. Under the Articles of Confederation each State
admitted foreigners to citizenship. To-day the government
of the United States alone admits foreigners to citizenship.^
The Articles of Confederation were adopted by the legisla-
tures of the several States. The present constitution, ac-
cording to its own preamble, is the work of " the people of
the United States " adopted " to form a more perfect union."
Finally, as still further showing the oneness of the United
States under the present constitution, all members of the
several State legislatures, and all executive and judicial of-
ficers of the States, must on taking office, swear or affirm
that they will support the constitution of the United States.^
The United States a Permanent and Indissoluble Union,
— It was held by some, after the adoption of the present
constitution, and down to the time of the Civil War of
1 86 1-5, that a State had a legal right to withdraw from the
Union established by the constitution, if its people saw fit.
Eleven States, we know, did attempt to secede from the
Union at the time of the civil war. They recalled their rep-
resentatives in the United States Congress, and tried to set
up a government known as the " Confederate States of
America." A majority of the people of the United States
did not believe, however, in this right of a State to with-
draw from the Union ; and the so-called Confederate States,
as a result of the Civil War, were forced back into the United

'See United States Constitution, XlVth Amendment; also Chapter XII.,
•• The Right to Vote."

2 United States Constitution, Article VI., Section 3.

254 GOVERNMENT OF THE NATION.

States. Indeed, it is claimed that these States were never
legally out of the Union.

The People and the Government. — In studying the gov-
ernment established by the constitution of the United
States, we must keep in mind : i . That the real United
States consists of the people of the United States united for
purposes of government. The people thus constituted are
the real national state, as the people of New York, united
for purposes of government, are the real New York State.
2. That the people, in adopting the constitution, laid down
in outline the framework and machinery of a national gov-
ernment known as the government of the United States,
which is superior for certain purposes to the governments
of the several States. 3. That back of the constitution,
back of the national government which the constitution
establishes, and back of the governments of the several
States, stand the people of the United States — the organized
political unit, the national state. The people thus con-
stituted are the supreme law-making power. The people
may change their constitution and form of government as
they see fit, having always due regard to the legal forms
under which they have ordained that such changes shall be
made.

The Constitution the Supreme Law. — The fundamental
law of the United States is laid down by the people in the
written constitution of the United States and in its amend-
ments. The constitution "and the laws of the United
States made in pursuance thereof" are the supreme law of
the land.^ All statutes passed by the Congress of the
United States or by any State legislature, must be in accord
with the constitution of the United States ; and anything in

' United States Constitution, Article VI., Section 2.

THE STATES, AND THE PEOPLE. 255

the constitution or statutes of any State not in accord with
the constitution, laws and treaties of the United States is
void and of no effect.

State Governments Independent of the National Gov-
ernment for State Purposes. — But while the constitution
and laws of the United States are the supreme law of the
land, we must not fall into the error of regarding the
authority of the several State governments as derived
primarily from the constitution. Neither must we think
that the State governments depend in any way for their
existence upon the will of the national government. On
the contrary, the State governments existed before our pres-
ent constitution and national government, and their author-
ity, like the authority of the government of the United
States, comes from the people alone.

Division of the Powers of Government. — Under the
constitution of the United States the people have divided
the powers of government into :

1. Powers to be exercised by the government of the
United States ;

2. Powers to be exercised by the governments of the
several States ;

3. Powers to be exercised by none of these govern-
ments, but reserved to the people.

The Government of the United States One of Specific-
ally Given Powers. — The tenth amendment to the con-
stitution of the United States declares " that the powers not
delegated to the United States by the constitution, nor pro-
hibited by it to the States, are reserved to the States
respectively or to the people." This makes the govern-
ment of the United States one of powers specifically given
to It by the constitution ^ and leaves all other powers to the

256 GOVERNMENT OF THE NATION,

States or to the people. Hence, should the question arise,
" Does a power belong to the government of the United
States ? " the answer is, " Yes, if the constitution gives it to
the United States ; no, if the constitution does not give it to
the United States."

Concurrent Powers. — The constitution permits certain
powers, such as the right of taxation, to be exercised both by
the government of the United States and by the governments
of the several States. Such powers are known as " con-
current powers." Should at any time a conflict of authority
arise between the United States and a State, over the ex-
ercise of a so-called concurrent power, the State must yield
to the government of the United States.^

Prohibited Powers. — Finally, the people, through the
constitution, have prohibited both the government of the
United States and the governments of the several States
from exercising certain specified powers. These prohibited
powers are reserved in the people, and cannot be exercised
by government unless the constitution is changed.

Powers Exercised by the Government of the United
States. — Certain powers are exercised by the government
of the United States only. These are " powers that relate
to the conduct of the foreign relations of the country and
to such common national purposes as the army and navy,
internal commerce, weights and measures, and the post
office, with provisions for the management of the ma-
chinery " " charged with these purposes." ^ Other powers, as
we have seen, may be exercised both by the government of
the United States and by the States. Among these latter
are the power to make laws on certain specified subjects,

» 139 United States Reports, p. 240; 158 United States Reports, p. 98.
2 Bryce, American Coffimonwealth.

THE STATES, AND THE PEOPLE. 257

such as bankruptcy, and the power to tax. The rule in the
exercise of such concurrent powers is, that State laws take
effect only when the United States has made no law upon
the particular subject.

Control of Foreign Relations. — The government of the
United States has entire control over our relations with the
people and governments of foreign nations. Thus United
States tariff laws tax goods brought into this country;
while the United States senate, in conjunction with the
president, may make agreements to admit free, or at a low
rate of duty, the products of foreign nations that freely ad-
mit the products of the United States. Such an agreement
is called a " Reciprocity Treaty." The government of the
United States naturalizes foreigners, and admits them to
citizenship ; prohibits undesirable immigrants, such as
anarchists, paupers, and criminals, from entering our terri-
tory ; sends ambassadors, ministers, and consuls, to repre-
sent the United States before foreign governments ; and
receives similar officials sent to us. No State may hold
any official intercourse with the government of a foreign
nation.

Control on the High Seas. — As the government of the
United States controls our foreign relations, so it controls
citizens of the United States when on the high seas or on the
tidewaters of the United States. Generally speaking the so-
called " high seas " are the great body of ocean waters lying
outside of a line drawn a marine league (about three miles)
from the shore. Each nation controls the water within a
marine league of the shore, as it controls its land. Outside
this line no nation has exclusive control, except over its own
citizens. The constitution gives Congress power to define
and punish piracies and felonies and offenses against the law

258 GOVERNMENT OF THE NATION.

of nations, when committed on the high seas by citizens of
the United States.^

War Powers. — The Congress of the United States may
declare war, and the president in conjunction with the
senate, may make treaties of peace. But war cannot be
carried on or peace guaranteed without the strong arm of
the soldier and sailor. So the constitution gives Congress
power to ♦♦ raise and support armies," to " provide and main-
tain a navy," and to make rules for their government. Con-
gress may also authorize private persons to fit out so-called
" privateers," or fighting vessels to prey upon the commerce
of an enemy of the United States. This is described in the
constitution as " granting letters of marque and reprisal." ^
The word •* marque " comes from the French, and means
literally, the visible sign or mark of the government which
gives a privateer authority to make captures. Without this
" marque," or sign of authority, a private fighting vessel
is a pirate, and at the mercy of the armed vessels of every
nation.

Power Over the Militia.' — Besides its power to raise and
support armies, Congress *' may provide for arming and
disciplining the militia." The militia is composed generally
of all able-bodied men between eighteen and forty-five years
of age in the several States. The militia may be called out
by Congress " to execute the laws of the United States, sup-
press insurrections, and repel invasions." When in the
service of the United States the militia, like the regular

' See United States Constitution, Article I., Section 8. " The United
States has no control over any criminal act committed upon a foreign ship by
the subjects of a foreign nation when on the high seas." — Schouler.

9 See United States Constitution, Article I., Section 8.

^ United States Constitution, Article I., Sections 8, 10.

THE STATES, AND THE PEOPLE. 259

army and navy, is under the direction of the president. No
State may make peace or declare war, but each State may
organize, drill, and officer its own militia " according to rules
prescribed by Congress," and a State may use its militia to
preserve peace within its borders.

Power to Tax. — The United States Congress has power
to "lay and collect taxes, duties, imposts, and excises, to
[/. e.y in order to] pay the debts and provide for the common
defense and general welfare of the United States." United
States duties on imports are now collected under so-called
tariff laws at United States customhouses on goods imported
to this country. United States excise taxes — that is, taxes
on articles produced in this country — are collected as so-
called " Internal Revenue." For the collection of internal
revenue, the territory of the United States is divided into
internal revenue districts, each under its own collector of
internal revenue, appointed by the president with the advice
and consent of the Senate.^ Duties, imposts, and excises are
" indirect taxes." Congress has power to collect so-called
•• direct taxes " on persons, and on the value of their prop-
erty or their incomes. But direct taxes must be apportioned
among the States in proportion to their population. Con-
gress may lay no taxes on goods exported from any State ;
and, finally, " all duties, imposts, and excises " must be
" uniform throughout the United States."

Power to Borrow Money. — Should the money raised by
taxation be insufficient for the needs of the government.
Congress is given power " to borrow money on the credit of
the United States." ^ This is usually done by selling bonds
of the United States. A bond is a promise to pay a certain

1 See Chapter XIX., "The Assessment and Collection of Taxes."
' United States Constitution, Article I., Section 8.

26o GOVERNMENT OF THE NATION.

definite sum at a future date with a fixed rate of interest
United States bonds are advertised and sold in the open
market. They are readily purchased by our own citizens,
and by foreigners, who v/ish a safe investment and a sure
•income from their surplus money.

Power to Regulate Commerce. — We have seen that
Congress may regulate our commerce with foreign countries
by tariff laws and reciprocity treaties. The government of
the United States may go even further, and entirely prohibit
our commerce with a foreign nation, as was done under the
so-called Embargo Act preceding the War of 1 8 12. Under
its power to regulate commerce, and its further power to
control our citizens on the high seas, Congress has enacted
a great body of navigation laws,^ which regulate the conduct
of American ships and sailors ; and under which lighthouses,
buoys and life-saving stations have been placed along our
coasts, under which pilots act, wrecks are saved and wreckers
compensated. The same power enables Congress to act in
conjunction with the States to prevent the introduction of
contagious diseases, by so-called quarantine regulations at
the ports of the United States.

Interstate Commerce. — Besides its power to regulate
foreign commerce. Congress regulates commerce " among
the States and with the Indian tribes." ^ Commerce among
the States is known as " Interstate Commerce," to distinguish
it from commerce carried on entirely within the borders of
a single State. A man in Chicago who sends a carload of
dressed beef to a mail in New York, is engaged in interstate
commerce, for the beef passes not only from Illinois to New

' Cases arising under the navigation laws are tried in United States
courts, known as admiralty courts.
• • United States Constitution, Article I., Section 8.

THE STATES, AND THE PEOPLE. 261

' York, but also through intervening States. Such commerce
— of great and growing importance — is regulated by
Congress. So, also, are all railroads, telegraph lines,
navigable rivers, or other means of transportation and com-
munication between two or more States. On the other
hand, the shipment of a cargo of flour from Rochester to
Albany, is an act of commerce carried on wholly within a
single State, and as such is subject only to State law.

Under its power to regulate interstate commerce, Con-
gress established in 1887 the Interstate Commerce Com-
mission, which now controls the railroad rates, etc., on traffic
from one State to another. In 1890 Congress also enacted
the so-called Anti-Trust law, designed to prevent combina-
tions of capital in restraint of trade between the people of
two or more States. In 1906 Congress passed acts to pre-
vent the adulteration or misbranding of food carried from
one State to another. No State may tax or in any way
restrain trade with foreign countries, or between the people
of two or more States. But a State may tax articles brought
into it from another State, so long as the same tax is shared
equally by its own local trade. It may lay impost duties
necessary to provide for the inspection of food and other
products, such duties being subject to revision by Congress.

Bankruptcy. — Congress has power to make uniform laws
on the subject of bankruptcy throughout the United States. ^
A bankrupt is a person who cannot pay his just debts.
Bankruptcy laws are designed to release bankrupt debtors
from the legal obligations to pay their debts, provided the
bankrupt gives up the property he possesses, to be divided
among those whom he owes. A debtor, released under
bankruptcy laws from the legal obligation to pay his debts,

1 United States Constitution, Article I., Section 8.

262 GOVERNMENT OF THE NATION.

may begin business again with the hope of retaining his
future earnings.

Post Offices and Post Roads. — Congress is given power
by the constitution to estabUsh post offices and post roads
throughout the territory of the United States.^ This power
includes every power necessary to estabUsh a complete
postal system under United States control, including the
power to protect and carry the mails, and to punish as
crimes acts that interfere with their prompt and safe de-
li very .2 - Under this power it is claimed by some that the
government of the United States may, if necessary, con-
struct independent national highways, or even buy up and
operate the great railroad and telegraph systems of the
country for postal purposes.

Power to Coin Money. — The constitution gives Con-
gress power to coin money, to regulate its value, and the
value of foreign coins in use in the United States; also
power to punish counterfeiters of United States money, and
power to fix a standard of weights and measures through-
out the United States.^ Under these powers the national
government has established mints where gold, silver, and
other metals are coined into the money of the United
States. Besides this metal money, the national govern-
ment issues paper money known as gold certificates, silver
certificates, and treasury notes or greenbacks. Each gold
or silver certificate represents an amount of gold or silver
coin or bullion, deposited in the United States treasury,
equal to the face value of the certificate ; and a person hold-
ing such a certificate, may present it at any time at the

» United States Constitution, Article I., Section 8.

' Cooley, Constitutional Limitations.

3 United States Constitution, Article I., Section 8.

THE STATES, AND THE PEOPLE. 263

treasury, and receive gold or silver for it. A United States
treasury note or greenback, on the contrary, is a simple
paper promise of the United States to pay the sum printed
on the face of the note. There are now in existence
;^346,oc)0,ooo of these treasury notes or greenbacks, and
;^ 1 50,000,000 in gold is kept in the United States treasury
to redeem these notes, should their holders wish to get gold.

The national government keeps accurate standards of
weights and measures, and has furnished copies to the
States. The common use of proper weights and measures,
however, is governed by State laws.

Patents and Copyrights. — The government of the United
States protects inventors by patents and authors by copy-
rights.i A patent gives an inventor the exclusive right to
make and sell his invention anywhere in the United States,
for a term of seventeen years. A copyright gives an au-
thor of a book the exclusive right to make and sell it for a
term of twenty-eight years ; and this may be extended
twenty-eight years more on application. We have also an
international copyright law, which gives foreign authors a
right to copyright books here, in return for similar privi-
leges granted by foreign governments to American authors.

United States Control Over Federal Places. — The gov-
ernment of the United States has exclusive control over the
District of Columbia, containing the seat of the national
government, and the city of Washington. Congress makes
laws for this district, and the president of the United States
appoints its executive and judicial officers; and no person
may vote while having a legal residence ii^ the District of
Columbia. Similar authority is exercised by Congress
over United States property used for forts, dockyards, etc.

1 United States Constitution, Article I., Section 8.

264 GOVERNMENT OF THE NATION.

United States Territory.— At the close of the Revolution-
ary War the thirteen American colonies claimed the land
lying between the Alleghany Mountains and the Mississippi.
Most of it was unsettled and the claims of two or more col-
onies often overlapped and conflicted. During the forma-
tion of the union under the Articles of Confederation the
States gave up their individual claims to this land, ceding it
to the United States, on the understanding that it should be
cut up into States, on acquiring sufficient population. There
was thus created a territory belonging to the United States,
and independent of the control of any particular State.
Since then the government of the United States, by pur-
chase, exploration and conquest, has extended the territory
of the United States to include the vast domain lying be-
tween the Mississippi and the Pacific. Alaska, Hawaii, the
Philippines, and other islands, have also become United
States territory. All this territory is, or has been at some
time, under the exclusive control of the United States.

Government of United States Territory. — The power to
govern United States territory is placed by the constitution
in the hands of Congress.^ Over portions thinly settled,
and inhabited chiefly by Indians and others incapable of
self-government, Congress has established a form of govern-
ment known as the unorganized Territory, consisting prin-
cipally of a Territorial Governor and Territorial Judges, ap-
pointed by the president of the United States. These offi -
cers simply execute the laws made by Congress for the
territory. Over other portions of United States territory,
containing a larger proportion of people capable of self-
government. Congress has established a form of government
known as the organized Territory. This includes a Terri-

1 United States Constitution, Article IV., Section 3.

THE STATES, AND THE PEOPLE. 265

torial governor, a Territorial secretary and a Territorial
treasurer, appointed by the president, and a Territorial legis-
lature elected by the people of the Territory. The Territorial
legislature makes local laws for the Territory, subject to the
approval of Congress. New Mexico, Arizona, and Hawaii
are organized Territories. Alaska is an unorganized Ter-
ritory. Porto Rico and the PhiHppines have governments
much like that of an organized Territory. A Territory is
represented in Congress by its own Territorial delegate,
who has a right to speak, but not to vote.

How Territories Become States. — When an organized
Territory becomes sufficiently populous and capable of self-
government, it may apply to Congress for admission into
the Union as a State. If Congress favors its admission, it
passes a law authorizing the Territory to form a State gov-
ernment. This law is called the enabling act. The gov-
ernor of the Territory then calls on its voters to elect dele-
gates to a Territorial convention, similar to a State con-
stitutional convention. The Territorial convention, when
assembled, adopts the constitution of the United States for
the people of the Territory, and proceeds to frame a State
constitution. This is submitted to the voters of the Terri-
tory, and if adopted by them, the fact is certified to the
president of the United States. If the new constitution is
found to be in accord with the constitution of the United
States, the president issues a proclamation declaring the
Territory to be admitted into the Union as a State. This
entitles it to all the privileges of the older States.

Other Powers of Congress — Such are some of the
specific powers given by the constitution to be exercised by
the government of the United States. Besides these
specified powers the constitution gives Congress power to

266 GOVERNMENT OF THE NATION.

make all laws necessary to carry into effect these and all
other powers, " vested by the constitution in the govern-
ment of the United States or in any department or officer
thereof." ^ Thus the people, by a single sweeping provi-
sion, have authorized the national government to exercise
all powers necessary in accomplishing the work outlined
in the specific provisions of the constitution.

Powers of the Several States. — With such vast powers
given to the national government, the question naturally
arises. What powers of importance are left to be exercised
by the governments of the several States.? The answer is :
That the States may exercise all powers (i) not specifically
given by the constitution to the government of the United
States ; (2) not specifically forbidden by the constitution to
be exercised by the several States ; and (3) not reserved to
the people. The powers thus left to the several States are
vast and varied. While excluding every power relating to
the control of our foreign relations, and to affairs of strictly
national concern, they include the great body of civil and
criminal law regulating persons and property in the daily
walks of Hfe.^ Powers left with the States are thus sum-
marized by Mr. Woodrow Wilson in The State:

" All the civil and religious rights of our citizens depend upon State
legislation : the education of the people is in the care of the States ;
with them rests the regulation of the suffrage; they prescribe the
rules of marriage and the legal relations of husband and wife, of
parent and child ; they determine the powers of masters over servants
and the whole law of principal and agent, which is so vital a matter

1 Article I., Section 8, sometimes called " the Elastic Clause." Parties
which favor a broad or loose interpretation of this clause would extend fed-
eral legislation into some fields which " strict constructionists " would leave
entirely to the States.

2 See Chapter VIII., " The State and the People Who Made It."

THE STATES, AND THE PEOPLE, 267

in all business transactions ; they regulate partnership, debt and
credit and insurance ; they constitute all corporations, both private
and municipal, except such as specially fulfill the financial and other
specific functions of the Federal Government ; they control the pos-
session, distribution and use of property, the exercise of trades and all
contract relations ; and they formulate and administer all criminal
law except that which concerns crimes committed against the United
States, on the high seas, or against the law of nations. Space would
fail to enumerate the particular items of this vast range of power ; to
detail its parts would be to catalogue all social and business relation-
ships, to set forth all foundations of law and order."

Powers Forbidden to the Government of the United

States.^ — The national government is forbidden to suspend
the Writ of Habeas Corpus " unless when in cases of re-
bellion or invasion the public safety may require it." '*

No bill of attainder or Ex post facto law may be passed
by Congress. Under certain old English laws the convic-
tion of a person for a great crime was said to attaint or stain
his blood, so that his innocent children suffered in con-
sequence of their father's act. Such attainder of blood was
frequently produced by bills passed by Parliament, without
a formal trial of the accused person in a court of justice.
An Ex post facto law reaches back to make an act com-
mitted before the law was passed a crime, when previous to
the enactment of the law it was not a legal offense ; or it
may increase the penalty for a crime committed before the
law was passed. Such laws are manifestly unjust.

No capitation or other direct tax may be laid by Con-
gress, except in proportion to population among the several
States, as determined by census.

1 United States Constitution, Article I., Section 9.

2 See Chapter XI., « Personal Rights."

268 GOVERNMENT OF THE NATION

No tax may be laid by the government of the United
States on articles exported from any State.

No preference may be given to the ports of one State
over another by any regulation of commerce or revenue.

No money may be drawn from the United States treasury
except in consequence of appropriations made by law.

No title of nobility — such as duke, earl, lord, — may be
granted by the government of the United States.

Additional Prohibitions in the First Ten Amendments to
the Constitution. — All the above-described prohibitions ap-
pear in Article L, Section 9 of the constitution. After the
adoption of the original constitution by the convention of
1787, many of the States refused to ratify it unless ad-
ditional safeguards to personal liberty were inserted. Ten
amendments were therefore proposed and adopted, which
included a number of specific prohibitions against arbitrary
powers, which it was feared might be exercised by the pro-
posed national government. These prohibitions were many
of them taken directly from State constitutions, already in
successful operation in the several States.^ Among the acts
thus forbidden to the government of the United States are
the following :

Congress shall make no law respecting an establish-
ment of religion, or prohibiting the free exercise of re-
ligion.

Freedom of speech and of the press, and the right of the
people peaceably to assemble and petition the government
or any of its departments for a redress of grievances, cannot
be abridged.

' An interesting comparison may be made by the student between the Bill
of Rights in the New York Constitution, and these prohibitions in the first ten
amendments to the constitution of the United States.

THE STATES, AND THE PEOPLE. 269

The right of the people to keep and bear arms may not
be infringed.

No soldier of the United States may in time of peace be
quartered in any house without the consent of the owner,
nor in time of war, except in a manner prescribed by
law.

The people are to be secure against unreasonable searches
and seizures ; and no warrants may be issued except for
probable cause, and except as supported by oath or affir-
mation.

No person shall be held to answer for a capital or other-
wise infamous crime, unless on presentment or indictment
of a grand jury except in cases arising in the army and
navy ; nor be subjected to a second trial for the same offense,
nor be compelled to be a witness against himself, nor be
deprived of life, liberty or property without due process
of law.

Private property may not be taken for public purposes
without just compensation.

A person accused of crime must have a speedy and public
trial, by a jury of the district and State wherein the alleged
crime was committed. The accused person must be con-
fronted with the witnesses against him, and the courts must
compel witnesses in his favor to attend his trial. The
accused must also be given the right to have counsel to
assist in his defense.

No suit at common law may be decided where the value
of the thing in dispute exceeds twenty dollars, without the
right to a trial of the facts by jury ; and no fact determined
by a jury can be reexamined, otherwise than according to
the rules of common law.

Excessive bail shall not be required nor excessive fines

270 GOVERNMENT OF THE NATION,

be imposed, nor cruel and unusual punishments be in-
flicted.

All the above prohibitions are against the government of
the United States.

Acts Forbidden to the Governments of the Several
States.* — The people through the constitution have forbidden
the several States :

To enter into any treaty, alliance, or confederation ;

To make war without the consent of Congress, unless
actually invaded or in such imminent danger as will not
admit of delay ;

To coin money or emit bills of credit ;

To lay imposts or duties on imports or exports, without
the consent of the government of the United States, except
that a State may lay such taxes for the purpose of executing
its own inspection laws ; ^ or

To keep troops or ships of war in time of peace, except
with the consent of Congress.

Prohibitions Against Slavery and Against Infringing the
Rights of Former Slaves. — In the thirteenth, fourteenth
and fifteenth amendments to the constitution, adopted
since the Civil War, the people have prohibited slavery
throughout the United States ; and forbidden any State to
abridge the privileges of any citizen of the United States ;
or to deny to him the right to vote on account of race,
color, or previous condition of servitude. In addition to
these prohibitions the States are also forbidden to deprive
any person of life, liberty, or property, without due process
of law, or to deny to any person the equal protection of the
laws.

» United States Constitution, Article I., Section lO.
' See page 261.

THE STATES, AND THE PEOPLE. 271

States Must Give Credit to the Public Acts and Records
of Other States. — The constitution requires each State to
give full faith and credit to all the public acts, records, and
judicial proceedings, of all the other States ; and declares
that the citizens of each State are entitled to all the privileges
and immunities of citizens in every other State. A person
charged with crime in one State, who flees to another, must
on demand of the governor of the State having jurisdiction
of the crime, be delivered up to that State (extradition).

States to be Protected. — The constitution declares that
the United States shall guarantee to every State a repub-
lican form of government, and shall protect the States
against invasion, and also protect a State against domestic
violence, when so requested by its authorities.^

Rights Retained by the People. — The ninth amend-
ment to the constitution declares that the enumeration of
certain rights in the constitution shall not be construed to
deny or disparage other rights retained by the people.

The Eleventh Amendment to the constitution supports
the doctrine of State Rights to the extent of forbidding the
use of the federal courts for the prosecution of a person's
suits or claims against any State.

Amending the Constitution. — Amendments to the con-
stitution of the United States may be proposed by a two-
thirds affirmative vote of both houses of Congress ; or Con-
gress may call a convention for proposing amendments,
when so requested by two.thirds of the legislatures of the
several States. Amendments so proposed, must, in order to
become law, be ratified by three fourths of the legislatures
of the several States, or by conventions called in three fourths
of the States.
» United States Constitution, Article IV., Section 4.

272 GOVERNMENT OF THE NATION,

SUMMARY.

The United States is a sovereign, indivisible, federal,
national state, and not a league of States or commonwealths
with a central national government.

An outline of our national government is laid down by
the people in the constitution of the United States, which
constitution, and the laws made in pursuance of it, consti-
tute the supreme law of the land.

The people have divided the powers of government into
powers to be exercised by the government of the United
States, powers to be exercised by the governments of the
several States, and powers reserved to the people.

The people have prohibited the government of the United
States from exercising certain powers, also the governments
of the several States from exercising certain powers.

The government of the United States is one of powers
specifically given to it by the constitution, all other powers
being left to the States or to the people.

The government of the United States exercises generally
such powers as are necessary to regulate our relations with
foreign nations, and to regulate such matters as concern the
people of more than a single State. The governments of
the several States exercise all other powers not prohibited
to them by the constitution, or not reserved to the
people.

Specific prohibitions imposed upon the government of
the United States, are found in Article I., Section 9, of the
constitution, and in the first ten amendments, the latter
being known as the national " Bill of Rights." Prohibitions
imposed upon the several States are found in Article I.,
Section 10, of the constitution, and in the thirteenth, four-
teenth and fifteenth amendments. These amendments pro

THE STATES, AND THE PEOPLE. 27$

hibit slavery, and guarantee the civil and political rights of
former slaves.

SUGGESTIVE QUESTIONS.

How were United States taxes laid and collected under
the Articles of Confederation ? How are they now laid and
collected ?

What feature of State representation in Congress under
the Articles of Confederation, is preserved by the present
constitution ? What new feature of representation is added ?

What was the so-called " right of secession ? "

What is meant by the statement that the government of
the United States is one of specifically granted powers ?
What are so-called concurrent powers ?

Name a power, the exercise of which is prohibited, both
to the government of the United States, and to the State of
New York.

State generally what powers may be exercised by the
United States government, and what by the governments
of the several States.

Define reciprocity treaty, high seas, privateer,* letters of
marque and reprisal, bankruptcy, patent, copyright.

What is a United States bond ? For what purposes
are such bonds issued ? Give an account of the different
kinds of money issued by the United States government.
Describe the difference between a national bank and a
State bank.

Describe generally the power of Congress to regulate
commerce. What is the interstate commerce commission ?
May a State tax imported goods ? If so, for what purposes?
May the United States impose a tax on goods exported
from the States ?

274 GOVERNMENT OF THE NATION.

What is meant by United States territory? State the
difference between the government of an organized Territory
and an unorganized Territory. Give in detail the steps nec-
essary for admitting a Territory into the Federal Union.

Define bill of attainder ; Ex post facto law.

Name five specific prohibitions imposed by the constitu-
tion upon the government of the United States, in favor of
Hberty of the individual citizen. Name five prohibitions
imposed on the governments of the several States.

Which amendment to the constitution prohibits slavery ?
Which guarantees civil and political rights to former slaves ?
How is this guaranty enforced ?

ADDITIONAL READING.

Bryce's American Commonwealth, Part I., Chapter IV., "Nature
of the Federal Government" ; Chapter XXVII., " The Federal Sys-
tem"; Chapter XXVIII., "Working of the Federal System."
Schouler's Constitutional Studies, Part II., Chapter V., "The Fed-
eral Constitution Analyzed ; Structure and Distribution of Powers ;
Legislature"; Chapter VI., " Fundamental Powers of Congress";
Chapter VII., " Federal and State Prohibitions" ; Chapter X., "In-
terstate and Territorial Relations." Burgess's Political Science and
Comparative Constitutional Law, Volume I., Part II., Book I., Chap-
ter II., "The Organization of the State in the Constitution of the
United States" ; Book IT., Chapter II., "The System of Individual
Liberty Provided in the Constitution of the United States." John-
ston's History of American Politics, Chapter I., " Origin of Political
Parties in the United States." Stevens, Sources of the Constitution^
Chapter II.

CHAPTER XXIII.
Departments of United States Government.

The government of the United States, like State and
local governments, is carried on in three departments — leg-
islative, executive and judicial. The work of each depart-
ment is outlined in the constitution. The powers of the
three departments of the government are kept far more
independent and separate than in most other countries. In
Great Britain, for instance, the executive powers are ex-
ercised by ministers who are also members of Parliament,
and who lead In the work of legislation. The "parlia-
mentary system " aims to place in the same hands the
power and responsibility for making and for executing a
law. Our constitution, on the contrary, aims to separate
the legislative and executive powers.

The chief branch of the legislative department is Con-
gress. The president of the United States stands at the
head of the executive department. The judicial depart-
ment is composed of United States courts and judges.

Congress. — The Congress of the United States, like the
State legislature, is composed of two legislative branches or
** houses." These are the Senate and the House of Repre-
sentatives. The senate is the so-called " upper house " of
Congress. It corresponds to the senate of the State legis-
lature, and to the House of Lords of the English Parlia-
ment. The house of representatives, or so-called " lower
house," of Congress is a larger body than the senate, and its
members are elected for a shorter term. It corresponds to
the assembly in the legislature, and to the House of Com-

275

276 GOVERNMENT OF THE NATION.

mons in Parliament. Congress, thus composed, is the chief
law-making power of the national government. It meets
annually on the first Monday in December,^ at the National
Capitol in Washington, D.C. A new Congress meets every
two years, and the life of a particular Congress ends at
noon, March 4, in an odd-numbered year.

The Senate. — The senate of the United States is com-
posed of two members from each State in the Union. This
makes a senate of ninety-two members. The senators from
each State are chosen by its State legislature, thus preserv-
ing a feature of the original union under the Articles of
Confederation. A further feature of that union is also pre-
served in the equal representation of every State, large or
small, in the Senate. The Senate thus represents the
federal idea of government. Members of the senate are
elected for terms of six years each, one third of the sena-
tors being elected every two years. This tends to keep
a considerable portion of the senate at all times in com-
paratively close touch with the people, but provides that
at least two thirds shall be made up of experienced men.
The vice president of the United States is the presiding
officer of the senate. He does not vote in the senate
except in case of a tie, when he may cast the deciding
vote.

Election of Senators. — The two houses of a State legis-
lature about to elect a United States senator, meet, each
house in its own chamber, on the second Tuesday following
the first regular meeting of the legislature, and the mem-
bers proceed to cast their ballots for senator. At noon
on the following day the two houses meet in joint session
in a single chamber, and the votes of the previous day are

1 United States Constitution, Article I., Section 4.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 277

read. If one person has received a majority of the votes of
each house he is declared to be duly elected senator. But
if no person has received such majorities, the two houses
continue to meet in joint session at noon on each succeed-
ing legislative day, and to take at least one vote a day, until
one man receives a majority of all the votes of the joint
assembly — a majority of all the members of the legislature
being present and voting. When a vacancy occurs in the
United States senate during a recess of the legislature en-
titled to fill the vacant place, the governor of the State may
appoint a man to act as senator till the office can be filled
in the regular manner. A United States senator must be at
least thirty years old, an inhabitant of the State from which
he is elected, and must have been at least nine years a cit-
izen of the United States.

There are often more than two candidates for a senator-
ship, so that many days, or even months and years, may
elapse before any one secures a majority vote. As the
change of a few votes may decide such an election, this
condition affords great temptation and opportunity for
bribery. For these and other reasons a demand has arisen
that senators should be elected by popular vote, instead of
by vote of the legislature. The house of representatives
has several times proposed a constitutional amendment to
this effect, but the senate has rejected it. In some States,
however, the same result is practically secured by means
of a State law providing for a popular vote for senatorial
candidates. In such States the legislature, bowing to the
expressed will of the people, usually ratifies the popular
choice ; but the majority of the legislature has the power
to elect whomsoever it chooses.

The House of Representatives. — Members of the house

278 GOVERNMENT OF THE NATION

of representatives are elected by direct vote of the people
in the several States. Each State elects representatives in
proportion to its population, the more populous States send-
ing the larger number ; but each State is entitled to at least
one representative. This house, therefore, represents the
national idea of union. The ratio of population to one
representative, and the number of representatives to which
each State is entitled, are fixed by Congress, according to the
results of a United States census taken every ten years.
The ratio of one representative for 194,182 people was used
by Congress in fixing the number of representatives now
apportioned to each State. These numbers were fixed for
the period 1903-1913 by act of January, 1901. The total
number of representatives in 1910 was 391; when new States
are admitted their representatives are to be added to this
number. The original ratio, fixed by the constitution,^ was
not more than one representative for every 30,000 people.
Such a ratio would give us to-day a house of representa-
tives of about 2,500 members, by far too large a body to
transact business conveniently and speedily. The house
of representatives elects one of its own members to preside
over its deliberations. He is called the speaker, probably
from an old English custom of having the presiding officer
of the House of Commons act as the ''spokesman," or
speaker, for that body when it presented petitions to the
king. The speaker is one of the most important and
powerful officers of the national government, as will be seen
from a further description of his duties.

Election of Representatives. — The legislature of each
State usually divides the territory of the State into as many
congressional districts as it has representatives in Con-

1 United States Constitution, Article I., Section 2.

279

28o GOVERNMENT OF THE NATION.

gress.^ Each district contains a population approximating
the number of inhabitants fixed by Congress for one repre-
sentative. A representative is elected every two years by
the voters of each district, any voter qualified to vote for a
State assemblyman being qualified to vote for a representa-
tive in Congress.^ Representatives are elected at the
general State election, which takes place on the Tuesday
following the first Monday in November of an even-num-
bered year. An entirely new house of representatives is
thus chosen every two years. The new house meets in
December of the year following its election, unless Con-
gress is sooner called together by the president. A repre-
sentative must be at least twenty-five years old, an inhabitant
of the State from which he is elected, and he must have
been seven years a citizen of the United States. New
York is divided into thirty-seven congressional districts, and
the voters of the State elect thirty-seven representatives —
besides the two senators chosen by the legislature---to rep-
resent the State in Congress.

Meetings of Congress. — Each Congress has two regular
meetings or sessions. These are known as the First or
Long Session, and the Second or Short Session. The long
session begins in December of the year following the elec-
tion of representatives, and usually continues until the fol-
lowing summer. The short session begins the next Decem-
ber, and lasts till the fourth day of the following March.
Members of Congress— both senators and representatives —
receive an annual salary of ^7,500 each, paid out of the
treasury of the United States.

1 Some States elect one or more of their representatives, called "repre-
sentatives at large," on a general ticket voted for by all the voters of the State.

2 United States Constitution, Article I., Section 2.

DEPARTMENTS OE UNITED STATES GOVERNMENT. 281

How United States Laws are Made. — United States
laws are enacted by Congress in much the same way as
laws are passed by our State legislature. As in the legisla-
ture, so in Congress, a proposed law is called a " bill." Any
United States senator may propose any law in the senate,
and any representative may introduce any bill in the house
of representatives, except that all bills for raising revenue
must originate in the house of representatives.^ This
provision of the constitution is inherited from the EngHsh
practice, of having all propositions for taxing the people
come from the House of Commons, the legislative body in
Parliament nearest to the people. A similar rule prevailed
in the legislatures of the American colonies before the Rev-
olution and still prevails in some State legislatures ; but
not in New York. The restriction amounts to Httle, for
after a revenue bill has been passed by the house, the senate
has full power to propose amendments to it.

Committees of Congress. — At the beginning of each
Congress the members of both senate and house of repre-
sentatives are divided into standing committees, for the pur-
pose of considering proposed laws. Each standing com-
mittee, of both house and senate, has its particular subject
assigned to it, these subjects including the entire range of
ordinary legislation. Special committees are appointed to
consider questions not assigned to the regular standing
committees. Every Congress has in both houses standing
committees on such subjects as : elections, appropriations,
commerce, rivers and harbors, agriculture, territories, edu-
cation, military affairs, naval affairs, etc. The house of
representatives has a committee on ways and means, to con-
sider proposed revenue laws. The senate has a committee

1 United States Constitution, Article I., Section 7.

282 GOVERNMENT OF THE NATION,

on foreign affairs, to which are referred proposed treaties.
The senate elects by ballot the members and chairmen of
its standing committees. In the house the selection of
both members and chairmen is left to the speaker.^

The W^ork of Congressional Committees. — Each bill
proposed in senate or house of representatives goes first
to its appropriate standing committee. It is there ex-
amined as to its merits and defects, and the arguments of
its friends and opponents heard. The bill may then be re-
ported by the committee, either *' favorably " or " unfavor-
ably," to the house in which it was proposed. A "favor-
able " report naturally helps a bill in its progress towards
becoming a law, while an " unfavorable " report on a bill
tends to defeat it. Many bills are " killed in committee " by
never being reported at all ; though the house may by vote
compel a committee to report on any bill.

Power of the Speaker. — The speaker of the house of
representatives may organize its committees in a way to de-
feat proposed laws, not favored by his friends or his party.
In the same way, by appointing committeemen friendly to
certain measures, the speaker may hasten their passage
through Congress. A member of the house wishing to
speak upon a measure before that body must first secure
formal recognition from the speaker. In his influence and
actual power in the government, the speaker is second only
to the president. As the presiding officer, he often en-
forces the regular rules of the house, and special rules
adopted at the suggestion of the committee on rules, in

1 In 1 910, in order to reduce the speaker's personal control over legislation,
to some degree, the house decided to elect its committee on rules, which, like
other committees, had formerly been appointed by the speaker, and of which
the speaker himself had acted as chairman.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 283

such a way as to hasten legislation which his party favors.
Opposing members sometimes "filibuster" by using all
possible ways to consume the time of the house, so as to
delay business. Rules are therefore often made, fixing the
date for the vote on certain bills, and Umiting the time that
each member may use in speaking. This has given rise to
the custom of allowing members "leave to print" undQ-
livered speeches in the Congressional Record, which is a
daily record of what is said in the sessions of each house.

In the smaller and more dignified senate, the presiding
officer — the vice president — has little real power. The
senator who acts as leader of the majority party in the
senate has far more influence on legislation than the vice
president, though less than the speaker.

Passing Bills in Congress. — A bill reported by a com-
mittee to the house in which it was proposed, may be de-
bated by the members of the house, amended if desired,
passed by majority vote of the house, and sent to the other
house; or the bill may be voted down by the house in
which it was first proposed. If passed, the bill goes to the
other house, where it is referred to its appropriate com-
mittee, to go through a process similar to the one in the
house where it originated. Many bills are referred to con-
ference committees (p. 157), as in the legislature. Debate in
the house may be stopped by moving the "previous ques-
tion"; but the senate has no such rule for limiting debate.

Action by the President on Bills. — Bills passed by both
senate and house of representatives, go to the president of
the United States for his approval and signature. The
president has ten days, Sundays excepted, after receiving a
bill, in which to consider it. He may sign the bill and
return it to the house where it originated, when the bill

284 GOVERNMENT OF THE NATION.

becomes a law ; or he may veto the bill. If the president
neither signs nor vetoes the bill, and if Congress be in ses-
sion at the end of the ten days allowed him in which to
consider the bill, it becomes a law without his signature.
But if Congress adjourn before the expiration of the ten
days, and the bill still remain unsigned in the hands of the
president, it fails to become a law.^ Such nonaction on a
bill by the president is called a " pocket veto."

The president, unlike the governor of New York, cannot
veto one or more items in an appropriation bill, while ap-
proving the rest. Hence an objectionable measure is some-
times added as a "rider" to a bill which the president is
known to favor. He must then either veto the whole bill
or accept the objectionable provision with the rest.

Bills may be Passed over the President's Veto. — A
bill vetoed by the president may be reconsidered by the
house in which it originated, and passed again by a two-
thirds affirmative vote. It is then sent to the other house,
and if approved by a two-thirds affirmative vote, the bill
becomes a law in spite of the veto.

Powers of Congress. — The powers of Congress to legis-
late for the United States are outlined in the preceding
chapter and in Article I., Section 8, of the constitution.

Special Powers of Each House. — The house of rep-
resentatives has the sole power of impeachment, but the
senate hears and tries the charges. All revenue bills must
originate in the house. The senate approves or rejects
the proposals of the president in making treaties, and in
appointing ambassadors, judges of the United States courts
and some other officers. Such business is discussed in
"executive session," the public being excluded. By the

1 United States Constitution, Article I., Section 7.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 285

** courtesy of the senate," the presidential appointment of
an officer in any State will be approved or rejected accord-
ing to the wish of the senator or senators from that State,
belonging to the majority party. Hence it has come about
that many federal officers are really selected by senators.

Privileges and Disabilities of Congressmen. — A sena-
tor or representative may not be arrested while attending,
going to, or returning from Congress, except he be charged
with felony, treason, or breach of the peace. And no Con-
gressman may be held legally accountable in any place for
any speech or debate in either house.^ These provisions,
like those in our State constitution,^ protecting members of
the legislature, come down to us from old English law.
No person, while a member of Congress, may hold any
other civil office under the authority of the United States.^

The Executive Department. — ^The executive department
of the national government is the one through which are
enforced and administered United States laws and treaties ;
which preserves peace and order throughout the territory
controlled by the United States ; which controls the rela-
tions and conduct of United States citizens when on the
high seas, and defends their rights when threatened by the
subjects of foreign nations. At its head is the president of
the United States, and the department includes the United
States army and navy, and a vast number of officials in the
civil service of the United States.

The President of the United States, His Powers and
Duties. — The president of the United States, as the execu-
tive head of the nation, is the commander in chief of the

'United States Constitution, Article I., Section 6.

«See Chapter XIV., " The Legislature."

3 United States Constitution, Article I., Section 6.

286 GOVERNMENT OF THE NATION.

United States army and navy, and of the militia of the sev-
eral States when engaged in the service of the United States.
It is his duty faithfully to enforce the constitution, laws and
treaties of the United States, and to protect our citizens,
when within the territory controlled by the United States,^
when on the high seas, or when within the territory of a
foreign nation. The president, through his subordinates,
conducts all official intercourse of the United States with
foreign governments. He appoints, by and with the ad-
vice and consent of the senate, the important officers of
the army and navy, the judges of the supreme court of the
United States and other important executive and judicial
officers ; while many subordinate officers are appointed by
him alone. The president has power to remove many of the
officers appointed by him, whether appointed with or with-
out the advice and consent of the senate. He may pardon,
reprieve, or commute the sentence of persons convicted of
offenses against the United States, except in cases of im-
peachment. He is elected by the voters of the several
States for a term of four years, which begins on March fourth
of an odd-numbered year. He must be a natural-born citi-
zen of the United States, at least thirty-five years of age,
and he must have been for fourteen years a resident of the
United States. He receives an annual salary of ^75,000.

The President's War Powers. — ^While the president is
commander in chief of the army and navy, and may direct
their action in such a way as to provoke actual war. Con-
gress alone has power formally to declare war against an
enemy of the United States. Congress also controls our
military and naval operations, by its power to grant and re-
fuse supplies of money and men necessary to carry on war.

> A State protects its own citizens when within the territory of the State.

DEPARTMENTS OF UNITED STATES GOVERNMENT, 287

The president's power is further iimited by the clause of the
constitution, which forbids Congress to grant money for
miHtary operations for a longer term than two years.^

The President and Our Foreign Relations. — Our inter-
course with the governments of foreign nations is carried
on by the president, acting through his subordinates. The
president, by and with the advice and consent of the senate,
appoints ambassadors, ministers, and consuls, to represent
the government of the United States before foreign govern-
ments, and he receives similar officials sent to the United
States. The president through his subordinates, makes all
treaties of the United States with foreign governments, but
a treaty must be agreed to by two thirds of a quorum of the
senate. Treaties that require money to carry them into effect,
depend upon Congress for the necessary appropriations.

The President's Legislative Powers. — We have seen
that the president may veto bills passed by Congress, thus
compelling that body to reconsider any hasty or injudicious
action. The president is also required to give Congress in-
formation from time to time on the state of the Union, rec-
ommending the passing of any laws he may think necessary
or wise.'^ Information is thus given, and recommendations
made, by the president, in " messages " sent to Congress,
usually at the beginning of each session. The president
also has power to call the senate or both houses of Congress
together in a so-called "extra session," when public busi-
ness demands it. When the two houses disagree as to the
time of adjourning Congress, the president may adjourn it
to such time as he thinks proper.^

' United States Constitution, Article I., Section 8.
9 United States Constitution, Article II., Section 3.
« United States Constitution, Article II., Section 3.

288 GOVERNMENT OF THE NATION.

The President and the Civil Service. — The president's
power to appoint and remove officers in the civil service of
the United States, is limited by civil service rules, v^hich he
sanctions and enforces. Under these rules more than half
of the great army of Federal officeholders have been placed
in the so-called " classified service " ; and appointments in
this service are made as the result of competitive examina-
tions. The more important offices, such as heads of de-
partment in the cabinet, collectors of customs, collectors of
internal revenue, postmasters in large cities, etc., are in the
so-called " unclassified service." These offices are often
filled, and their former occupants removed, by each suc-
ceeding president for purely political reasons.

The President's Cabinet. — The work of the executive
department is largely carried on through nine subordinate
departments. The heads of these departments are the
Secretary of State, Secretary of the Treasury, Secretary of
War, Secretary of the Navy, Secretary of the Interior,
Postmaster-General, Attorney-General, Secretary of Agri-
culture, Secretary of Commerce and Labor. They are
appointed by the president, by and with the advice and con-
sent of the senate, and are known as the cabinet.^ They
hold regular meetings, attended by the president. Each
cabinet officer has from one to four assistants or assistant
secretaries, and each cabinet department is divided into
bureaus, at the head of each of which is a commissioner.

The Department of State. — The department of state,
headed by the secretary of state, conducts all official nego-
tiations and correspondence of the United States with
foreign governments. The secretary of state is also the

1 Washington's original cabinet consisted only of the Secretary of the
Treasury, Secretary of State, Secretary of War, and Attorney-General.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 289

medium of communication between the president of the
United States and the governors of the several States. He
has the custody of the great seal of the United States, of
treaties made with foreign governments, and of the laws of
the United States as passed by Congress.

The Treasury Department. — The treasury department,
under control of the secretary of the treasury, has the man-
agement of the national finances, and includes a number of
important officers, among whom are comptrollers, auditors,
treasurer of the United States, register of the treasury, com-
missioner of internal revenue, director of the mint, etc. The
secretary of the treasury estimates the revenues and ex-
penses of the national government and superintends the col-
lection of the revenues. The treasurer receives and keeps
the moneys of the government, and pays out money on the
orders of the secretary of the treasury.

The War Department — The war department, headed by
the secretary of war, has charge of the equipment and
supply of the United States army. Public improvements,
like the construction of United States docks and bridges, are
conducted by this department. So are explorations under-
taken by the United States. The department has charge of
the United States signal service along our coasts, of the
United States Military Academy at West Point, and of sev-
eral national parks and soldiers' " homes."

The Navy Department. — The navy department is headed
by the secretary of the navy. It has charge of the navy of
the United States and its equipment and supply ; also of the
United States Naval Academy at Annapolis.

The Interior Department. — The interior department, in
charge of the secretary of the interior, performs a variety of
work, as indicated by the titles of the commissioners head-

290 GOVERNMENT OF THE NATION,

ing its various bureaus. In this department, the commis-
sioner of the general land office has charge of the pubhc
lands belonging to the United States, and the commissioner
of pensions of the granting of pensions to soldiers and
sailors disabled in the service of the United States. The
department grants patents ; looks after Indians living on
the so-called " reservations," and conducts Indian schools ;
and collects statistics of education.

The Post Office Department. — The post office depart-
ment has charge of the transportation of the mails, and of all
United States post offices. The postmaster-general is at its
head. He establishes post offices, and appoints all post-
masters not appointed by the president.

The Department of Justice. — The department of justice
is headed by the attorney-general, with duties somewhat
similar to the duties of our State officer of that name. The
attorney-general gives legal advice to the president and the
heads of the executive departments ; conducts cases before
the United States courts in which the national government
is interested ; and has general supervision of the prosecut-
ing officers known as United States district attorneys, and
of the executive officers known as United States marshals.

The Department of Agriculture.— This department,
headed by the secretary of agriculture, is divided into a
number of bureaus which have for their object the better-
ment of agriculture. It publishes various reports.

The Department of Commerce and Labor. — This de-
partment is headed by the Secretary of Commerce and
Labor. It aids in developing our commercial interests;
takes the United States census ; and includes the bureau
of immigration, the bureau of corporations, the bureau of
statistics, and the United States fish commission,

DEPARTMENTS OF UNITED STATES GOVERNMENT, 291

Other officers of the executive department, appointed by
the president and senate, include the interstate commerce
commission, already referred to, the civil service com-
mission, the head of the government printing office and
occasional commissions created for special purposes such
as the tariff commission appointed in 1909 to gather in-
formation bearing on the tariff question.

The Vice President. — The vice president of the United
States takes the place of the president, in case of his death,
resignation, removal from office, or inability to perform the
duties of his office. The vice president is elected at the
same time and in the same way as the president. His
chief duty is to preside over the United States senate. He
must possess the same qualifications as the president, as to
age, citizenship and residence. His salary is $12,000.

Election of President and Vice President. — The presi-
dent and vice president are elected by the people of the
several States, voting for officers called Presidential Electors.
Each State chooses as many presidential electors as it has
senators and representatives in Congress. The presidential
electors of each State meet on the second Monday in
January following their election, and cast their ballots for
a president and for a vice president of the United States.
The candidates who receive a majority of the votes of all
the electors are elected. ^ If no candidate receives a majority,

1 Before the adoption (in 1804) of the twelfth amendment to the constitu-
tion, the presidential electors voted for two persons only, and not as now
directly for president and for vice president. The person having the greatest
number of votes (if such number was a majority of the electors) was elected
president ; and the person having the next greatest number, vice president.
In 1800 the successful candidates for president (Jefferson) and vice president
(Burr) had the same number of votes, and the house of representatives voted
thirty-six times before deciding which should be president.

292 GOVERNMENT OF THE NATION.

the president is chosen by the house of representatives, and
the vice president by the senate, as described in the
twelfth amendment to the constitution of the United States.

The Presidential Succession. — If both president and
vice president die, or become unable to perform the duties
of president, Congress is given power by the constitution,^ to
designate what officer shall act as president, till a new presi-
dent is elected at a regular presidential election. By statute,
passed in 1887, Congress provided that the following offi-
cers, if qualified, should succeed to the presidency in this
order : i, secretary of state ; 2, secretary of the treasury ; 3,
secretary of war ; 4, attorney-general; 5, postmaster-general;
6, secretary of the navy ; 7, secretary of the interior.

Impeachment — Any civil officer of the United States,
including the president and vice president, may be im-
peached for treason, bribery, or " other high crimes and
misdemeanors," and if convicted, must be removed from
office.^ In impeachment cases the house of representatives
presents the charges, and the United States senate sits as a
court to try the accused. A two-thirds vote of the senators
present is necessary to convict an impeached officer. The
judgment of the court of impeachment cannot extend further
than to remove the convicted officer from his office, and dis-
qualify him from holding any office of honor, trust or profit
under the United States. But an officer so convicted may
also be indicted, tried, and punished, by the criminal courts,
like any ordinary offender. When the president of the
United States is impeached, the chief justice of the United
States presides over the court of impeachment.^

1 United States Constitution, Article IT, Section l.
» United States Constitution, Article II., Section 4.
3 United States Constitution, Article I., Section 3.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 293

The Judiciary Department.-^— As the government of the
United States has its own law-making and law-enforcing
powers, superior to and independent of the governments of
the several States, so it has its own independent judiciary de-
partment to interpret and apply the United States Constitu-
tion, laws and treaties. The judiciary department includes
the Supreme Court of the United States, provided for by the
constitution,^ and the inferior courts established by Coa-
gress.

Jurisdiction of United States Courts. — Suits arising un-
der the constitution, laws and treaties of the United States
are tried in the United States courts. A man charged with
ordinary theft is tried in a State court, for theft is a crime
against State law ; but a man charged with stealing and
making use of an idea protected by a patent, is tried in a
United States court, because patents are given under United
States law. So are cases affecting ambassadors, ministers
and consuls, and the rights of United States citizens when
on the high seas.^ Controversies, in which the United States
is a party, controversies between two or more States, be-
tween a State and the citizens of another State, between the
citizens of different States, or between a State or its citizens
and the citizens of a foreign nation, are tried in United
States courts ; but no State may be sued by the citizens of
another State or by the subjects of a foreign nation.

United States Courts Enumerated. — The courts of the
United States are the supreme court, already referred to, the
circuit courts, the circuit court of appeals, and the district
courts. The judges of these courts are appointed by the

1 United States Constitution, Article III., Section i.

2 Courts applying the rules of law governing personal and property rights
on the high seas are called Admiralty courts.

294 GOVERNMENT OF THE NATION.

president of the United States, by and with the advice and
copsent of the senate. They hold office during good be-
havior, and receive salaries fixed by Congress.

The District Courts. — The district courts are the lowest
United States courts. Every State has at least one district
court, and the larger States two or three,^ each presided over
by a United States district judge. All crimes committed
against the United States, except crimes punishable by
death, are triable in district court. So are civil cases arising
under the laws of the United States. An appeal may be
taken from the decision of a district court to the circuit
court of appeals, or to the supreme court. Appeals to the
supreme court are taken when the question appealed in-
volves: I, a construction of the constitution; 2, the con-
stitutionality of a law, State or national ; 3, the construction
of a treaty ; 4, a punishment for a great crime.

The Circuit Courts. — Next above the United States dis-
trict courts are the circuit courts. There are nine circuits
in the United States, each circuit including several States.
Two or more circuit judges are appointed for each circuit,
and a justice of the supreme court is assigned to each.
Circuit courts are held in each district and are presided
over by a circuit judge or justice, or by a district judge,

1 New York State has four : The Western District, including Alleghany,
Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Ni-
agara, Ontario, Orleans, Schuyler, Seneca, Steuben, "Wayne, "Wyoming, and
Yates counties ; the Northern District, including Albany, Broome, Cayuga,
Chenango, Clinton, Cortland, Delaware, Essex, Franklin, Fulton, Hamilton,
Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondago, Os-
wego, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie,
Tioga, Tompkins, Warren, and Washington counties ; the Eastern District,
including Richmond, Kings, Queens, Nassau and Suffolk counties ; and the
Southern District, including the residue of the State.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 295

or by the two sitting together. Criminal suits and civil
suits, involving not less than $20(X), and suits that arise
under the patent and copyright laws, are tried in circuit
courts. Appeals from circuit courts are taken to the cir-
cuit court of appeals, or to the supreme court.

The Circuit Court of Appeals. — In each circuit there
is a circuit court of appeals consisting of three judges from
the circuit — when possible, a supreme court justice and
two circuit judges. The circuit court of appeals hears
cases brought up to it on appeal from district courts and
from circuit courts within the circuit.

The United States Supreme Court. — Above the district
and circuit courts, and above the circuit court of appeals,
stands the supreme court of the United States. This is the
highest judicial tribunal in the land, and the final authority
in all questions arising under the constitution, laws and
treaties of the United States. The supreme court sits in the
National Capitol at Washington. It is composed of a chief
justice and eight associate justices, and the presence of six
is necessary to render a decision. This court has the power
to bring before it sovereign States of the Union, as well as
their citizens. Its chief business is the hearing of appeals
brought up to it from the inferior United States courts, and
from the highest courts of the several States, where ques-
tions arise involving rights under the constitution and laws
of the United States.^ The supreme court has original juris-
diction, in cases wherein a State is a party in the contro-
versy, or where the rights of ambassadors, ministers, and
consuls are affected. One of its most important duties is to

* Appeals from decisions of the courts of the District of Columbia are
made to the supreme court. Appeals are made from the courts of the Terri-
tories to the United States circuit courts of appeals and to the supreme court.

296 GOVERNMENT OF THE NATION.

decide whether laws framed by the State legislatures or by
Congress, are in accord with the constitution of the United
States, such decisions being made in proceedings similar to
those brought before our State court of appeals to test the
constitutionality of a State law.

Cases Removed from a State Court to the United States
Supreme Court. — Suits begun in State courts may be re-
moved to the supreme court of the United States, when the
highest court of the State decides against the validity of a
statute or treaty of the United States, or when the claim is
made that a State law or a provision of the State constitu-
tion, is not in harmony with the constitution, laws, or treaties
of the United States.

United States Marshals. — Attached to every United
States court is an officer known as a United States marshal.
It is his duty to carry out the writs, judgments, and orders
of his court, much as a New York sheriff carries out the
orders of the State courts. A United States marshal, if re-
sisted in the execution of the law, may like a constable or
sheriff, call any citizen to his aid ; and he may, if necessary,
apply to the president for the aid of troops from the United
States army.

United States District Attorneys. — Every judiciary dis-
trict of the United States has a prosecuting officer known
as a United States district attorney, whose duty it is to prose-
cute offenders against United States laws in his district, in
much the same way as the district attorney of a New York
county prosecutes offenders against the State law.

The Jury in United States Courts. — The constitution re-
quires that the trial of all crimes against the United States,
except in cases of impeachment, shall be by jury ; and that
the trial must be in the State where the alleged crime was

DEPARTMENTS OF UNITED STATES GOVERNMENT. 297

committed. If not committed in a state, the trial must be
in a place designated by Congress.^

The Court of Claims. — As the United States may not be
sued by one of its citizens, Congress has established a court
of claims, which sits at Washington, to hear and investigate
the claims of private parties against the national govern-
ment. Appeals from its decisions are to the supreme court ;
but ordinarily its "findings" are sent to Congress, which
appropriates money to pay the claims found just.

Other Courts — To secure quickness and uniformity in
the decision of customs cases, Congress has established a
special Customs Court of Appeals, to which appeals are
made in such cases, instead of to the regular courts. Like-
wise the Commerce Court has jurisdiction in certain cases
arising under the laws governing interstate commerce.

Federal Writs. — United States courts make use of the
writ of Habeas Corpus (p. 128), which directs that a per-
son in confinement be brought before the court, to ascertain
whether such confinement is lawful or not; the writ of
Mandamus, which orders an inferior court, corporation or
officer to discharge a legal duty described in the writ ; and
the writ of Injunction, which commands the respondent
to do or not to do a certain prescribed act.

Overlapping Powers. — The president's lawmaking
(veto) and treaty-making powers, his judicial power to
pardon criminals ; the senate's power in connection with
the appointment of federal judges and other officers, its
judicial powers of impeachment, and of judging of the
qualifications of its own members ; and the powers of the
house similar to these judicial powers of the senate, are
sometimes spoken of as " overlapping powers."

^ United States Constitution, Article III., Section 2.

298 GOVERNMENT OF THE NATION.

Federal Finances.— Although the officers and em-
ployees of the various departments of the national govern-
ment number more than 200,000, their salaries form only
a small part of the expenses of the government. The
bulk of the expenditure is for the army and navy and for
pensions paid on account of wars in the past, as shown by
the following table for 1909:

Army $126,000,000

Navy 115,000,000

Pensions 162,000,000

Post Office— deficiency ^ 19,000,000

Indians 16,000,000

Public Works 90,000,000

Redemption of Public Debt 15,000,000

Interest on Public Debt 22,000,000

Civil Establishment and Miscellaneous 142,000,000

The income of the national government is derived chiefly
from customs duties and from internal revenue (page 214),
to which should be added the returns from the tax on the
earnings of corporations levied by act of 1909. The re-
ceipts from the postal service have usually not been great
enough to pay for the cost of that service. Receipts from
the sale of pubHc lands are of dwindling importance.
Small sums are received also from the occasional sale of
other public property.

Public Debt. — The amount of the interest-bearing
national debt in 1909 was ^913,0^0,000. This was caused
chiefly by the cost of the Civil War, the War with Spain,
and the construction of the Panama Canal. The interest-
bearing debt in 1816 was 1^127,000,000; in 1835, 1^34,000;

1 The total cost of the postal service was ^222,000,000, but receipts from
sale of stamps, etc., paid ^^203,000,000 of this. Thus the post office is seen
to be nearly self-supporting.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 299

in i860, ^65,000,000; in 1865, ;^2, 38 1,000,000; in 1898,
5847,000,000; in 1899, $1,046,000,000. The debt is
created by authority of acts of Congress. It is paid as it
falls due, out of surplus revenue, or else it is renewed or
refunded by issuing new bonds.^

Growth of Government. — The first eleven amendments
(pp. 268-271) to the constitution were additional limitations
to the power of the federal government. The twelfth
(p. 291) made a change which experience had proved
necessary in the manner of electing the president and vice
president. The thirteenth, fourteenth and fifteenth amend-
ments, designed to settle problems rising from the Civil
War, enlarged the powers of the national government.

The provision of the fourteenth amendment forbidding any State to
" deprive any person of life, liberty or property without due process of
law " has been interpreted as giving the national courts jurisdiction over
a large number of cases previously settled in State courts only.

The provision that " all persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States and of- the State wherein they reside " settled a question that
had been in dispute since the beginning of the government. It makes
State citizenship dependent on federal. This and the war which led
up to it also settled the question of the citizen's allegiance : that alle-
giance is not divided, but double ; he must obey the government of both
State and nation, but primarily that of the nation.

But the changes formally made by amendments repre-
sent by no means all the growth and development of the
national government. For instance, the very important
power of the supreme court to declare an act of Congress
unconstitutional, is not set forth in the constitution or in

1 Our debt is less in proportion than that of most other countries; e,g. the
debt of Great Britain is about $4,000,000,000 ; of France, $5,500,000,000 ; of
Spain, $1,800,000,000, — all countries of smaller population than ours.

300 GOVERNMENT OF THE NATION.

any amendment. It may be considered part of an un-
written constitution (see page 115) which we possess along
with our written one. Other unwritten provisions which
have come to have almost the force of clauses in the con-
stitution are: (i) that no person shall be elected president
more than two terms in succession ; (2) that the presi-
dential electors shall each vote for the nominee of his
party ; (3) that the heads of the great executive depart-
ments shall act as the president's cabinet.^ The force of
each provision rests merely upon precedent ; that is, each
of these rules is felt to be binding because it has been
recognized as proper in so many preceding cases.

President's Term. — In the constitutional convention vari-
ous terms of office were proposed for the president; for
some time the prevaiUng opinion was that it should be six
years, and that he should not be ehgible for reelection. A
short term is objectionable as causing too frequent changes
in the policy of the government ; a long term, as putting it
in the power of a president to defy the will of the people too
long. The constitution does not forbid any number of re-
elections ; but Washington and Jefferson established the
precedent of refusing a third term.

The Electoral College. — The framers of the constitution
expected that the electors would exercise individual judg-
ment in voting for president, and that the president would
act independently of political parties. On the contrary, it
soon came about that the function of the electors was
merely to register votes for candidates previously selected
by parties : wooden counters would do as well. Not only
is the president now nominated by the national convention

1 The possibility has been suggested that in the "House of Governors"
(p. 159) we may see the beginning of another provision of this kind.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 301

of a political party, but after election he acts as the leader
of his party. Because of his power to appoint many officers,
and his ability to gain a hearing from the people, he can
bring great pressure to bear on members of Congress.
Thus he really exercises far greater control of legislation
than is given by his mere veto power.

The Cabinet. — The constitution does not contain the word
" cabinet." It provides that the president " may require,
in writing, the opinion of the principal officer in each of
the executive departments, upon any subject relating to the
duties of their respective offices."^ Gradually it came
about, instead, that the heads of departments hold regular
meetings where they act as advisers of the president, upon
all questions he may choose to lay before them. Their
positions are highly important and influential; but as
cabinet members they are merely advisers. The president
need not take the advice given ; on the contrary, the presi-
dent may direct each as to the conduct of his department,
and remove him if he does not obey. Power and respon-
sibility are thus concentrated in the president alone.

The cabinet officers also make reports for the use of Congress and
have much influence on that body ; but they are not members of Con-
gress, and cannot even speak on the floor of the national legislature.
In this detail our cabinet system is in marked contrast with that of
Great Britain and France, where the cabinet ministers or heads of de-
partments are members of the national legislature and often speak there

SUMMARY

United States government, like State and local govern-
ments, is carried on in three departments — legislative, exec-
utive and judicial. Congress is the chief branch of the

1 United States Constitution, Article II., Section 2.

302 GOVERNMENT OF THE NATION.

legislative department. The president is at the head of
the executive department. The judiciary department is
composed of United States courts and judges.

Congress is composed of a senate of two members elected
from each State by its legislature ; and of a house of repre-
sentatives, with members from each State in proportion to
its population, elected by direct vote of the people.

Each particular Congress lasts two years, and has two
regular sessions. The long session begins in December of
the year following the election of members of the house.
The short session begins in the following December and
ends at noon on the fourth day of the following March.

United States laws are passed by Congress in much the
same way as laws are passed by the State legislature. The
president has a veto over bills passed by Congress.

The president, by and with the advice and consent of the
senate, appoints ambassadors, ministers and consuls to rep-
resent the United States in foreign nations, negotiates trea-
ties between the United States and such nations; and
appoints the following heads of departments known as the
"president's cabinet" : secretary of state, secretary of war,
secretary of the treasury, secretary of the navy, secretary
of the interior, postmaster-general, attorney-general, secre-
tary of agriculture, secretary of commerce and labor. The
president is commander in chief of the United States army
and navy.

The judiciary department is composed of the United
States supreme court, the United States circuit and district
courts, and the circuit court of appeals. These courts have
jurisdiction generally of questions involving the constitution,
laws, and treaties of the United States, and the conduct of
United States citizens on the high seas.

DEPARTMENTS OF UNITED STATES GOVERNMENT. 303

SUGGESTIVE QUESTIONS.

Describe the method of electing United States senators,
and state the requirements for senators, as to age, residence,
and citizenship. What constitutional provision keeps a
large portion of the senate in comparatively close touch
with the people }

How is the number of representatives to which a State
is entitled in the house of representatives determined ?
Who may vote for representatives }

How is the speaker of the house of representatives
chosen ? Describe, in a general way, his power to influence
legislation.

What legislative work is performed by committees of the
senate and house of representatives }

Give in detail the steps necessary to pass a bill over the
president's veto. What kind of bills must originate in the
house of representatives } Why }

What provision of the constitution protects freedom of
debate in Congress ?

Name three powers of the president in connection with
the work of the executive department.

What is the difference between an ambassador or minis-
ter, and a consul? What important difference between
their legal rights while residing in a foreign country.?
How are treaties between the United States and foreign
governments made }

May the president of the United States declare war
against a foreign nation ?

What constitutional prohibition controls the president's
power to prosecute war }

What is a president's " message " .? How is the presi-

304 GOVERNMENT OF THE NATION

dent's power of appointment limited by the civil service
laws ?

Name the members of the cabinet, and describe the duties
of each. What department controls United States pen-
sions? Indian affairs? Which conducts explorations?
Which grants patents? Which has charge of matters re-
lating to education? Describe the work of United States
marshals; of United States district attorneys.

Name in their order the officers entitled to succeed the
president on his death or inability to perform the duties of
his office.

Describe in detail the manner of electing the president
and vice president. Who and what are presidential electors ?

Describe the proceedings in an impeachment of the
president of the United States.

What good reason for the establishment of United States
courts, independent of State judicial tribunals ? Name the
courts of the United States in their order, and describe gen-
erally the jurisdiction of each. How are the judges of
these courts chosen ? For what term of office ? When
may a case begun in a State court be removed to the United
States supreme court? Describe the constitutional pro-
vision providing for jury trials in United States courts.

What work is done by the United States court of
claims ?

ADDITIONAL READING.

Bryce's American Commonwealth, Volume I., Part I., Chapter
XII., "The Senate; Its Working and Influence"; Chapter XIII.,
"The House of Representatives"; Chapter XIV., "The House at
Work"; Chapter XV., "The Committees of Congress"; Chapter
XVIII., "Relations of the Two Houses"; Chapter VI., "Presiden-
tial Powers and Duties"; Chapter IX., "The Cabinet"; Chapter

DEPARTMENTS OF UNITED STATES GOVERNMENT. 305

XX., "Relations of Congress to the President"; Chapter XXII.,
"The Federal Courts"; Chapter XXXIII., "Interpretation of the
Constitution."

GENERAL BIBLIOGRAPHICAL NOTE.

For a manual of constitutional law, see Cooley's General Principles
of Constitutional Law in the United States of America. For the sources
and general principles underlying constitutional government in Amer-
ica, see Hannis Taylor's The Origin and Growth of the English
Constitution^ Part I., introductory chapter; Stubbs's Constitutional
History of England; Freeman's Growth of the English Constitution
from the Earliest Times ; Fiske's American Political Ideas Viewed
from the Standpoint of Universal History ; Green's Short History of the
English People; Howard's Introduction to the Local Constitutional
History of the United States in the Johns Hopkins University Series of
Historical and Political Studies ; Hildreth's History of the United
States, Volumes I., IL and III. ; Bancroft's Formation of the Constitu-
tion of the United States ; Schouler's Constitutional Studies. Douglas
Campbell in The Puritan in England, Holland and America at-
tempts to trace the origin of many of our political institutions to the
Dutch. C. E. Stevens in Sources of the Constitution of the United
States combats Campbell, taking the view that most American politi-
cal institutions come from the English.

For the growth and development of constitutional government in
New York, see Broadhead's History of New York ; Documents Relating
to the Colonial History of the State of New York, especially " Holland
Documents," Volumes I. and II.; the Historical Note in Volume I.
of the Colonial Laws of New York, compiled by the Statutory Re-
vision Committee ; Lamb's History of the City of New York ; Hill's
Development of Constitutional Law in New York State ; Elting's Dutch
Village Communities on the Hudson ; Thwaites's Colonies, Chapters IX.
and X. ; Fiske's Dutch and Quaker Colonies. The Rise of the Dutch
Republic by John Lothrop Motley, condensed and continued by Wil-
liam Eliot Griffis, contains many references to Dutch institutions an(i
influences that have contributed to the formation of American politi-
cal institutions.

CHAPTER XXIV.
The United States and Other Nations.

An account of the governments affecting the people of
New York does not end with a description of the govern-
ment of the United States. As New York is a member of
the United States, bound by all the common laws of the
Union, so the United States is a member of the great family
of civilized nations, bound by all the common customs and
rules regulating the intercourse of such nations. The cus-
toms, rules and agreements, regulating the intercourse
of civilized nations with one another are known as inter-
national law.

International Law Differs From State and National
Law. — International law differs from the laws of the State
and of the United States in this important particular, that
while the latter are mainly positive written enactments, that
may be enforced by State and national executive ofBcers, in-
ternational law, on the contrary, is made up chiefly of cus-
toms that have been gradually adopted, the enforcement of
which depends largely upon the honor of the nations recog-
nizing the obligation of such law.^ There is no power out-
side of a nation to force it to observe the rules of interna-

» International law is a system of rules adopted by the free choice of cer-
tain nations, for the purpose of governing their intercourse with each other,
^nd not inconsistent with the principles of natural justice. It has grown up
by degrees, and has been submitted during its progress to sundry modifica-
tions. It is the most voluntary of all codes. — Woolsey, Introduction to the
Study of International Law.
306

THE UNITED STATES AND OTHER NATIONS. 307

tional law, unless it be the power of some other nation or
nations making war upon it.

Official Intercourse between Nations Conducted by
Ambassadors, Ministers and Consuls. — Intercourse be-
tween the governments of civilized nations, as we have
already seen, is officially carried on by officers known as
ambassadors, ministers and consuls. The two former are
known as diplomatic officers. They aid in the negotiations
of treaties and represent generally their governments before
the governments to which they are sent. A consul, on the
other hand, is usually only a business agent who looks after
the commercial interests of his government, and after the
interests of any of its citizens, who may be in the country
to which he is sent. All these officers when performing
their official duties, usually reside in the territory of the
nation to which they are accredited.

Ambassadors and Ministers. — Ambassadors and minis-
ters represent different ranks of diplomatic officers, the
former being the highest of such officials, and sent only to
and from the great powers. Thus the United States sends
to and receives from such nations as France, Germany and
Great Britain, officials known as ambassadors extraordinary
and plenipotentiary; while it sends to and receives from
such powers as Belgium, Bolivia and Chili, officers known
as ministers extraordinary and plenipotentiary. Ambassa-
dors extraordinary and plenipotentiary of the United States
have the full power of the highest diplomatic officers, and
receive annual salaries of ;^ 1 7, 500 each. Ministers plenipo-
tentiary have full powers of diplomatic officers, but receive
salaries ranging from $^ ,000 to $ 1 2,000. A still lower grade
of minister is the minister resident, sent to such powers as
Liberia.

3o8 INTERNATIONAL RELATIONS.

Rights and Privileges of Ambassadors and Ministers. —
An ambassador or minister, though residing at the capital
of the foreign nation to which he is sent, is subject in no
way to the laws of the foreign government. His person,
his official residence, and family, are considered as being
within the territory and under the laws of the government
that sends him. If a diplomatic official commit a crime
against the laws of the country to which he is sent, he may
be returned to his own country as a persona non grata — a
person not satisfactory as a diplomatic representative.

Consuls, Their Rights and Duties. — A consul, unless
there be special agreement to the contrary, has no such ex-
traordinary rights and privileges as an ambassador or minis-
ter. Consuls are sent by the different civilized governments
to the chief ports of all foreign nations, and while there are
subject to the ordinary laws, civil and criminal, of the nation
to which they are sent. A consul's duties are determined
by the laws of the country sending him, and by treaty.
Some of the duties of the United States consuls in foreign
countries, are to look after the interests of American ships
and seamen, and other citizens of the United States while
abroad, to give certificates for various purposes, and to make
reports to our government on conditions of industry and
trade.

Treaties.— The details of the intercourse between differ-
ent civilized nations, are now usually very largely regulated
by formal agreements known as treaties. Any two nations
may unite in making any treaty, that does not violate the
accepted principles of international law. Each government
enforces the provisions of its treaties upon its own citizens.
Should a treaty be violated by one of the governments en-
tering into it, the other may regard it as broken, and de-

THE UNITED STATES AND OTHER NATIONS. Zog

mand redress; or, it may still require the observance of the
treaty. But such a demand or requirement could be en-
forced only by act of war.

Rights of Travelers in Foreign Countries. — Travelers in
foreign countries are subject to the laws, civil and criminal,
of the countries through which they pass, and they may, as
a rule, be tried and punished by the local authorities for
violating such laws. The same is true of citizens of one
country residing temporarily in another. But every govern-
ment is bound to protect its own citizens in person and
property, against arbitrary and unjust acts committed in an-
other country.

Foreign Governments May Return Escaped Criminals.
— By treaties made between two governments, a person
who commits a crime in one country and escapes to an-
other, may, on demand of the officers of the former country,
be given up to them to be tried in the place where the
crime was committed. This formal surrender of an escaped
criminal is known as extradition, and treaties providing for
such surrender of criminals are extradition treaties. Polit-
ical offenders are not usually included among the persons to
be returned under extradition treaties.

Tariffs and Embargoes. — The free commercial inter-
course between nations is, as we have seen, frequently re-
stricted by tariff laws, imposing taxes on imported goods.
Such a law may be simply a means of raising revenue for
the government making the law ; or it may be enacted to
protect domestic manufacturers against the free competition
of foreign manufacturers ; or it may be a retaliatory measure
against a government that refuses to admit the products of
another nation. On the other hand, as we have also seen,
two governments may enter into a reciprocity treaty, whereby

3IO INTERNATIONAL RELATIONS,

each country agrees to admit freely the products of the other.
By an act of embargo, all the vessels, domestic and foreign,
in the ports of a country, may be prohibited from leaving
these ports during a certain specified time. Tariffs and
embargoes are enforced by the government enacting them.

^Vhen Nations go to War. — Nations at war with each
other are known as belligerents, and all other nations as
neutrals. Combatants are members of the military and
naval forces, actually engaged in war. Noncombatants
are citizens of the belligerent nations not directly engaged in
prosecuting the war. Combatants may be legally killed or
taken prisoners of war by the forces of the belligerent nations.
Noncombatants may neither be killed nor captured. The
citizen noncombatants of one nation may be allowed to re-
main within the territory of another nation at war with it,
or they may be ordered to leave the territory with their
goods and property. While they remain legally and peace-
ably within the territory of their enemy, noncombatants
are entitled to the protection of his laws.

The Declaration of War. — War usually begins by a
formal public declaration of war by the governments con-
cerned, though actual fighting may precede such a declara-
tion. The declaration of war is a notice to the citizens of
belligerents and neutrals, that a state of war exists, and that
they must regulate their actions accordingly. After a formal
declaration of war, all intercourse and trade between the
belligerent nations is supposed to cease, and contracts made
between the subjects of one belligerent and those of another
are void. War is ended by a formal treaty of peace between
the belligerent governments. Property captured after. the
adoption of a treaty of peace, must be restored to the orig-
inal owners.

THE UNITED STATES AND OTHER NATIONS, 311

Property Rights During War. — Only public property
used for the purpose of prosecuting the war, may be de-
stroyed or captured by a belligerent under the rules of in-
ternational law. Thus forts, guns, ammunition, ships, mili-
tary and naval stores of all kinds, railroads engaged in trans-
porting troops and supplies, are subject to capture and con-
fiscation by an enemy. Private property belonging to an
enemy's subjects, and not used for prosecuting the war, may
not be destroyed or captured. An exception to this rule is
made in the case of the private property of an enemy's sub-
jects when on ships at sea. All the merchant vessels of an
enemy, with their crews and cargoes, are subject to capture.
Such captures are called prizes of war, and belong to the
government making the capture. Another exception is
where an invading army finds it necessary to subsist wholly
or partly upon the country invaded. In such cases the
property of noncombatants may be taken for use of the
invading army. The rule is to pay for such property, but
it is not always observed.

Rights and Duties of Neutrals. — It is the duty of the
governments of neutral nations to in no way aid either of
the belligerents during the prosecution of a war; but neutral
governments are not always responsible for the acts of their
subjects. A neutral nation has the right to forbid the trans-
portation of the troops or supplies of a belligerent across its
territory ; and no fighting may be done or captures made
within the jurisdiction of a neutral, either on land or water.
The subjects of a neutral nation may as a rule, freely con-
tinue their trade with the subjects of the belligerent nations ;
and a belligerent may not disturb goods belonging to the
subject of a neutral nation, even though these goods be
captured 'upon a merchant vessel belonging to the subjects

312 INTERNATIONAL RELATIONS.

of a belligerent enemy. The war ships of belligerents may
freely visit neutral ports, in the same manner as the mer-
chant vessels of belligerent nations ; but war vessels may
not take on military stores at neutral ports, neither may
privateers be fitted out in such ports.

Contraband of War — An exception to the rule that the
goods of neutral subjects may not be captured by belliger-
ents, is in the case of property known as contraband of war.
This is property, such as arms, ammunition, horses, military
and naval stores, that may be used in directly prosecuting
the war. Such contraband of war, the subjects of a neutral
nation have no right to supply to either belligerent; and
contraband of war destined for a belligerent, may be cap-
tured and confiscated by the other belligerent, even upon
the vessels of neutrals. But no such captures may be made
within the territory of a neutral nation. The belligerent
governments have a so-called right of search, which they
may exercise upon any neutral private merchant vessel
when on the high seas, in order to ascertain if contraband
of war be on board. Such a vessel refusing to be searched,
may be captured by the belligerent as a prize of war.^

» Each belligerent government usually decides for itself what particular
article will be considered and captured as contraband of war, when about to
be supplied to the opposing belligerent. The government of the United
States during our late war with Spain issued the following order to our navy
relative to contraband of war:

" The term contraband of war comprehends only articles having a belliger-
ent destination, as to an enemy's port or fleet. With this explanation the
following articles are, for the present to be treated as contraband : Absolute con-
traband— ordnance; machine guns and their appliances, and the parts thereof ;
armor plate, and whatever pertains to the offensive and defensive armament
of naval vessels ; arms and instruments of iron, steel, brass, or copper, or of
any other material, such arms and instruments being specially adapted for
use in wai by land or sea ; torpedoes and their appurtenances ; cases for

THE UNITED STATES AND OTHER NATIONS. 313

Blockades. — During the progress of a war one belligerent
often blockades the ports or coasts of the other belligerent.
Under the rules of a blockade, no vessel may leave or enter
a blockaded port, without permission of the party blockad-
ing it. The same is true as to communicating by land with
a city that is blockaded on the land side. Neutral vessels
attempting to enter or leave a blockaded port, may be cap-
tured and confiscated as prizes of war. But a blockade, to
be effective under the rules of international law, must be
actually maintained by the armed forces of the belligerent.
Formal notice of the existence of a blockade must be given
by the belligerent enforcing it, in order to make lawful the
confiscating of property belonging to citizens of neutral
nations attempting to pass the blockade.

Privateers and Privateering. — Private war vessels, as we
have seen, may be fitted out to prey upon an enemy's com-
merce during the existence of war. Such vessels are called
privateers, and they are given authority to make captures,
by a beUigerent government issuing to the owner of a
privateer, so-called letters of marque and reprisal.^ By a
treaty concluded at Paris in 1856, the principal European
powers agreed to license no privateers in future wars among
themselves. The United States has refused to unite in such

mines, of whatever material ; engineering and transport materials, such as
gun carriages, caissons, cartridge boxes, campaigning forges, canteens, pon-
toons ; ordnance stores ; portable range finders ; signal flags destined for naval
use ; ammunition and explosives of all kinds ; machinery for the manufacture
of arms and munitions of war ; saltpeter ; military accoutrements and equip-
ments of all sorts ; horses. Conditionally contraband — coal, when destined
for a naval station, a port of call or a ship or ships of the enemy; materials
for the construction of railways or telegraphs, and money, when such mate-
rials or money are destined for the enemy's forces ; provisions when destined
for an enemy's ship or ships or for a place besieged."
I See " War Powers," Chapter XXII.

314 INTERNATIONAL RELATIONS.

an agreement, but the president, during our late war with
Spain, announced the determination of our government to
adhere during the war to the anti-privateering clause of the
Paris treaty.

Arbitration. — Arbitration, instead of war, is coming more
and more to be a method of settling disputes between na-
tions. It is the custom of each government in dispute, to
choose some one or more impartial officials of a government
not interested in the dispute, to be known as arbiters to
whom the disputing governments agree to leave the ques-
tion at issue. There is no actual force, however, to compel
a nation to submit to the decision of such a court of arbitra-
tion, although it is morally bound to submit.

The Hague Conference and Treaty. — At the call of the
Czar of Russia, accredited representatives of twenty-six of
the leading powers of the world met in 1899, at The Hague,
in what is known as The International Peace Conference,^
and agreed upon a treaty, which has since been ratified by
the governments represented. This treaty provides:

First, In case of serious disagreement between any two
of the powers ratifying the treaty, before there is a resort
to actual war, that one more of the other powers may offer
their services as mediators between them ; further, that each
of the powers at variance " may choose respectively a
power to whom they may intrust the mission of entering
into direct communication with the power chosen on the

* Representatives of the following-named powers attended The Hague
Conference, and agreed to the treaty for arbitration : Austria, Belgium,
Bulgaria, China, Denmark, France, Germany, Great Britain and Ireland,
Greece, Holland, Italy, Japan, Luxembourg, Mexico, Montenegro, Persia,
Portugal, Roumania, Russia, Servia, Siam, Spain, Sweden and Norway,
Switzerland, Turkey, and the United States of America. The governments
of all these powers have formally ratified the work of the conference. '

THE UNITED STATES AND OTHER NATIONS. 315

Other side," with the object of preventing, if possible, the
war ; and that for a period of thirty days the States in con-
flict shall cease from all direct communication on the sub-
ject in dispute, to allow, if possible, the arbiters so selected
to settle it in a peaceable manner.

Second, That when differences of an international nature
arise, " involving neither honor nor vital interests, but aris-
ing from a difference of opinion on points of fact," but upon
which the parties are unable to agree, they shall as far as
possible, leave the facts in dispute to an International Com-
mission of Inquiry selected from a Permanent International
Court of Arbitration.

Third, A Permanent International Court of Arbitration,
composed of not more than four persons " of known com-
petency on questions of international law, and of the high-
est moral reputation," appointed for a term of six years
each, by each of the governments ratifying the treaty, is
established with permanent headquarters at The Hague.
Powers in dispute may choose arbiters from the members
of this court. In the absence of an agreement, such
tribunal of arbitration is to consist of five arbiters, of
whom each of the disputing states shall name two. The
four so named are to choose a fifth ; but in case of a tie the
fifth arbiter is to be chosen by a power agreed upon, or by
two powers severally designated by the disputing states.
This tribunal is to have its ordinary seat at The Hague, and
its award or decision is to be morally binding upon the
parties submitting to its arbitration. The Permanent Inter-
national Court of Arbitration is also to be open to the set-
tlement of disputes between nations not parties to The
Hague conference, if these nations wish to accept its
services.

31 6 INTERNATIONAL RELATIONS.

The Hague Conference and the Monroe Doctrine.^ —
A special proviso accompanying the signatures of the
American delegates to the treaty adopted by The Hague
conference reads :

" Nothing contained in this convention shall be so construed as to
require the United States of America to depart from its traditional
policy of not intruding upon, interfering with, or entangling itself in the
political questions or internal administration of any foreign state ; nor
shall anything contained in the said cpnvention be so construed as to
require the relinquishment by the United States of America of its tradi-
tional attitude towards purely American questions."

Recognition of Belligerency in Case of Rebellion. — War
sometimes arises between a government and some portion
of its own subjects. This is known as rebellion or revolu-
tion. In such cases difficult questions often arise as to the
rights and duties of neutrals towards the fighting parties ; but
it is a general rule of international law that every de facto
government, that is every existing government, is sacred
from arbitrary interference by outside powers. Circum-
stances sometimes arise, however, owing to the weakness
or inability of the de facto government to put down the re-
bellion, or owing to the establishment of an independent
government by the rebellious subjects, when the so-called

1 The Monroe Doctrine was set forth by President Monroe (1823) in a
message to Congress, at a time when certain European monarchs were pro-
posing to help Spain reconquer the newly formed Spanish-American republics
in South America. He asserted that, while the United States intended to
take no part in the affairs of European states, we should look upon " any
attempt on their part to extend their system to any portion of this hemisphere,
as dangerous to our peace and safety "; and that an attempt to reconquer the
South American republics would be regarded by us " as the manifestation of
an unfriendly disposition towards the United States." The United States
applied the Monroe Doctrine to drive an attempted French monarchy out of
Mexico in 1865, and to force Great Britain to arbitrate a boundary dispute
with Venezuela in 1895.

THE UNITED STATES AND OTHER NATIONS. 317

rebel government may be recognized as a belligerent by
outside powers, and accorded all the rights of belligerency.

Governments on an Equality under International Law.
— We have seen that every ^6' /rt-r/^? government is accorded
equal rights under the rules of international law. This is
true, whatever the form or origin of the government. Thus
a despotic government, like Morocco or Siam, stands upon
an equality with liberal governments like the United States
and France. So the fitful revolutionary governments of
some of the Spanish American republics must, while they
exist, be treated on equal terms with the most stable gov-
ernment of the great powers; and this brings us to a brief
consideration of existing forms of leading governments.

The Monarchy — One of the oldest known existing forms
of government is the monarchy. The word is derived from
the Greek words — monoSj meaning sole or only, and archein,
meaning to rule. In a monarchy, a great part of the power
of government is usually centered in a single person — the
monarch — who is called variously — king, queen, sultan, czar,
etc. The monarch usually inherits his office, although he
is sometimes elected; and he holds the office for life, unless
he voluntarily abdicate, or be deposed. Monarchies are ab-
solute and limited. In an absolute monarchy, or despotism,
the monarch possesses supreme power and authority in the
government. The only really absolute monarchies still ex-
isting are found among obscure peoples in Africa and
Asia. In a limited monarchy the power of a monarch is
limited by a legislature representing the people, and by a
constitution, written or unwritten. Great Britain and Ger-
many are conspicuous examples of limited monarchy. In
the latter country the emperor must secure a majority of the
legislators in the Reichstag, or national legislature, in order

3i8 INTERNATIONAL RELATIONS.

to pass a law ; while in Great Britain the monarch has be-
come little more than a figurehead, the British parliament
being the supreme law-making 'power, and its laws being
carried out by an executive department, headed by a cab-
inet composed of members of parliament.

The Aristocracy. — In former times, there existed certain
forms of government, in which the supreme power rested
in the hands of a comparatively small body of citizens.
These citizens held their positions because of noble birth or
great wealth. Such a form of government is called aT» aris-
tocracy, from the Greek words, aristoSy meaning best, and
kratos, meaning strength. The government of Great Britain
at the beginning of the nineteenth century might be termed
an aristocracy, for the entire administration rested in the
House of Lords, and in the Crown. One branch of the
legislative body in nearly all European monarchies, is com-
posed principally of men inheriting their offices because of
noble birth, thus bringing the aristocratic element promi-
nently into these governments.

The Democracy. — Democracy, from the Greek word
demos, meaning the people, and kratos, strength, is a form
of government in which the great mass of the people have
a voice. In ancient times, certain small states were almost
pure democracies. Thus, in ancient Athens, every citizen
had a right to appear and vote in the popular assembly that
ruled the state. We have seen that the local government
of a modern New York town meeting, in which every voter
has a right to speak and vote, is an example of almost
purely democratic government. In some cantons of Swit-
zerland, local government at the present time is carried on
in a popular democratic assembly, attended by all the voters
of the canton.

THE UNITED STATES AND OTHER NATIONS, 319

The Republic. — A republic is a form of democracy, in
which the mass of the people choose representatives to
make and enforce the laws. Such is the form of government
in the United States. What chiefly distinguishes the repub-
lie from the limited monarchy, with its elective monarch, is
the fact that in the republic, the legislative and executive
officers are chosen for short periods, and that as a rule all
male citizens have a right to help elect them ; while in the
limited monarchy, the monarch is chosen for life, and though
some of the legislators may be chosen by the people for
short periods, many of them inherit their offices and hold
them for life.

Advantages of the Republican Form of Government. —
The form of government known as the democratic republic,
with its written constitution, gives to the mass of the people
living under it a greater degree of freedom, and at the same
time, more stability of institutions, than either the monarchy
or the pure democracy.* The monarchy, with vast powers
centered in a single individual, is peculiarly strong as an ex-
ecutive government ; and because of this, its powers are
often used so as to result disastrously to the freedom of its
subjects. A pure democracy, on the other hand, unre-
strained by a stable constitution, is likely to suffer from ill-
advised and easily effected changes.

Great Britain (p. 318), however, has a government that
is unusually efficient and unusually responsive to the will
of the people. It is practically a republic, though formally
classed with limited monarchies. Its cabinet is chosen
from the party that has a majority in the House of
Commons, and may be deposed at any time by that house,
so that the executive and legislative branches of the govern-

^ See Chapter III., page 29, " Importance of Local Government."

320 INTERNATIONAL RELATIONS,

ment are always in harmony. On the other hand, the
cabinet may at any time dissolve the House of Commons
and call for a new election, thus ascertaining the will of
the people on any question in dispute.

Kinds of Republics. — The United States is a federal
republic ; that is, only part of the powers of government
are exercised by the nation as a whole, the remainder
being exercised by the several States of which the nation
is composed. The local self-government which is thus
made possible, is as desirable as the power and unity
wielded by the general government in larger affairs.
Switzerland and Mexico are other examples of federal
republics. If the central government is made very weak,
so that the country is a league or partnership of practically
independent states, the union is called a confederation.
On the other hand, a centralized republic, like France, is
one in which all the powers are exercised by the central
government, local self-government being suppressed.

Origin of Governments. — From our study of the local.
State, and National governments we see that govern-
mental institutions are a growth, with roots running hun-
dreds of years back into the Hfe history of the people.
Governments may not be put on and off like a coat or
cloak. They grow with the growth of the state. A wise
and just people will develop a just and rational form of gov-
ernment, just as an unwise, weak and immoral people is
likely to suffer from an unjust and unwise form of govern-
ment.

SUMMARY.

The customs, rules and agreements, regulating the inter-
course of civilized nations with one another, are known as

THE UNITED STATES AND OTHER NATIONS. 321

international law. The obligations of international law are
voluntarily assumed, and cannot be enforced by one nation
as against another, except by act of war, or by voluntary
submission to the decision of a court of arbitration.

Official intercourse between nations is conducted by am-
bassadors, ministers, and consuls, and is usually regulated
by agreements, called treaties.

Nations at war with each other are known as belligerents.
Other nations are known as neutrals. Under the rules of
international law, the government of a neutral nation has no
right to aid or hinder a belligerent in prosecuting any war.

Property belonging to the subjects of neutral nations,
that is consigned to a belligerent for use in prosecuting- the
war, is known as contraband of war ; and it may be seized
and confiscated when in transportation on the high seas, by
the opposing belligerent. Belligerents have a right to
search neutral vessels for contraband of war ; and a vessel
refusing to allow such search, may be captured by the bel-
ligerent as a prize of war.

All actual governments, whatever their origin, form or
strength, stand on an equality under the rules of interna-
tional law ; and no nation has a right, without just cause,
to interfere in the affairs of another nation.

Most modern civilized governments may be classified as
monarchies, absolute and limited, or as republics. Under
an absolute monarchy the individual citizen has least power
in the affairs of government ; under a republic, greatest
power.

SUGGESTIVE QUESTIONS.

Define international law. How does it differ from State
and national law 1 How is it enforced t

322 INTERNATIONAL RELATIONS,

Describe the difference between the powers and duties of
ambassadors and ministers, and the powers and duties of
consuls.

What is extradition? What class of offenders is not
usually subject to extradition ?

Define belligerent, neutral, combatant, noncombatant,
declaration of war, prize of war.

What is the duty of a neutral government in time of
war ?

What is contraband of war ?

Describe the right of search that may be exercised by a
belligerent.

What is a blockade ? What facts are necessary to render
a blockade lawful, as against the ships of neutral nations ?
What is a privateer ? How are privateers commissioned ?

What general rule of international law applies equally to
every de facto government ?

Define absolute monarchy, limited monarchy, aristocracy,
democracy, democratic republic. What advantages has a
constitutional republic over a monarchy? Over a pure
democracy ?

ADDITIONAL READING.

On the general subject of international law, read Woolsey's Intro-
duction to the Study of International Law, the introductory chapter ;
also Part I., Chapter I., " The Rights of States as Independent Sover-
eignties." On the rights and duties of Belligerents and Neutrals, see
the same work, Part II., Chapter II., "The Relations Between Bel-
ligerents and Neutrals. ' '

CHAPTER XXV.
Personal and Property Relations.

In our study of the State, we learned that the great body
of laws regulating social and business relations, are State
laws.^ We saw that most ordinary crimes are defined and
punished by the State ; that the State guarantees to its citi-
zens the enjoyment of the civil rights of personal security,
personal liberty, and private property ; ^ and that it defines
the legal rights and duties of husband and wife, parent and
child, employer and employee. In the same way the State
defines the rights and obligations of persons who enter into
ordinary business agreements, known as contracts; lays
down the law regulating the purchase, sale, or rent of
houses and lands ; and the law governing the distribution of
property left by persons deceased.

Let us examine in detail some of the laws regulating
these personal and property relations in New York State.

Sources of State Law.— We have learned that the great
body of State law consists of provisions laid down by the
people in the constitution, and of statutes enacted by the
legislature. But there is still another source of State law.
In our study of personal rights, we remember a clause in
the constitution of the State, which declared all parts of the
common law of England, not repugnant to the constitution,

» Chapter VIII., « The State." See also « Powers of the Several States,"
Chapter XXII.

« Chapter XI., « Personal Rights."

323

324 BUSINESS AND SOCIAL LAW.

and in force in the State at the time of the battle of Lexing-
ton, to be a part of our State law.^ The common law of
England consists of a great body of customs, rules and
maxims, common to the people of England, that through
long usage and the favorable decisions of the courts, have
acquired the force of binding law. This English common
law was brought to America by the early colonists, and ex-
cept where changed by constitutions or statutes, it is still
the basis of law throughout the Union.^ But written laws
are more accessible, usually more definite, and therefore
easier of interpretation than the unwritten common law
found in customs and court decisions.

Contracts. — Most of our ordinary personal and property
relations are regulated by contract. A contract is a volun-
tary agreement, in which two or more persons promise to
do or not to do a specified thing. Any person, not debarred
by law, may become a party to a contract. A person under
twenty-one years of age may not, as a rule, enter into any
contract, except for the actual necessaries of life.

Express and Implied Contracts. — Contracts are express
and implied. An express contract is one in which the mu-
tual promises of the contracting parties are expressed in
words, oral or written. An implied contract is one in
which, from the acts or circumstances of the parties, the law
presumes that mutual promises have been made.

When Contracts are not Binding. — Contracts are not
binding when one of the parties is by law incapable of mak-
ing a contract ; when the agreement of one or both is pro-
cured by force or fraud ; when a thing is agreed to which in

» See page 131, Chapter XI., «« Personal Rights."

• Except in Louisiana, where the Roman or civil law is the basis of State
law.

PERSONAL AND PROPERTY RELATIONS, 325

its nature is impossible to perform ; or when the thing
agreed to be performed is prohibited by law. A person
failing to fulfil a contract lawfully made by him may be
sued in a court at law and a judgment obtained against him
for money equal to the loss sustained by reason of his fail-
ure to perform the contract ; or the court may compel him
to keep his agreement. Under a State law known as the
statute of limitations, certain contracts may not be legally
enforced, unless an effort is made to enforce them within a
time specified by the law.

Contracts to Sell or Exchange. — A contract to sell is
one whereby the owner of some thing agrees to part with his
ownership for a price or other valuable consideration, to be
given by the person who agrees to buy. One article may
also be exchanged for another by contract. Such an ex-
change is called barter. In order to complete or fulfil the
contract, the thing sold must be delivered or given up to the
person buying it, who must in turn pay the price agreed
upon.

Unless there be an agreement to the contrary, the seller
of goods has a legal right to retain possession of them until
he receives the price. Such a right to hold the property
sold is called a lien ; but the seller usually loses his lien
when he parts with the property sold.

Contracts to Let or Lease. — In a contract to let or lease,
the owner of certain property agrees, for a valuable consid-
eration, to part with the use of it, for a specified time, to the
person leasing it. There is always an implied, if not an
express contract, on the part of the person leasing property,
that he will deliver it up to the owner at the time of the ex-
piration of the lease, in as good a condition as he received
it, reasonable wear and tear excepted.

326 BUSINESS AND SOCIAL LAW,

Contracts for Transportation.— Railroad and steamship
companies, and expressmen who make a business of trans-
porting persons and goods from place to place for money,
are known in law as common carriers. A common carrier
is bound, under ordinary circumstances, to receive and carry
all goods offered to him for transportation, as well as all
persons, on payment of his regular charges for such work.
The common carrier enters into an implied contract to carry
the persons or goods safely to their destination ; and he is
responsible for any damage to goods intended for trans-
portation, while in his possession, and also for injuries
that occur to persons while in transportation, unless the
injuries be caused by unavoidable accident, not due to lack
of care or skill on the part of the carrier.

Contracts for Insurance. — Persons owning destructible
property are accustomed to insure themselves against its
possible loss by taking out a policy of insurance on the
property. This is a contract between the person insuring
against loss and the person who is insured. Under it the
person insured pays to the person who insures a small per-
centage of the value of the property insured; and the
insurer agrees in return to make good any damage to the
property that may occur within a specified time. In-
surance is of four kinds — fire, marine, life and accident.
Under a contract of fire insurance, the insurer agrees to
indemnify the owner of property from losses by fire ; and
under a contract of marine insurance, from losses arising
while at sea ; while under a contract of life insurance, the
person who insures agrees to pay a certain sum on the death
of the person insured. By some life insurance contracts,
known as endowment policies, the insurer also agrees to pay
a sum of money to the person insured, if the latter be living

PERSONAL AND PROPERTY RELATIONS. 327

at the expiration of a certain number of years. In a con-
tract for accident insurance, the insurer agrees to pay for
damages that may result from accident to the person
insured. The contract of insurance is usually written, as
before stated, in the form of a policy issued by the insurer ;
and the insured person usually makes a regular annual pay-
ment, called a premium, for his insurance.

Principal and Agent. — A person who buys or sells for
another, or does business for him with third persons, is
called an agent ; and the person for whom the agent acts is
known as the principal. In a contract of agency the princi-
pal appoints the agent and agrees to pay him in return for
the services which the agent agrees to perform. It is a
general rule of law that a principal is bound by the acts of
his agent, if performed in the conduct of the business
entrusted to him. An agent must follow the instructions of
his principal. If he does not, he is generally responsible
for any injuries to third persons that may arise from his acts
while conducting the business of his principal.

Employer and Employee. — Contracts between employer
and employee are generally quite similar to contracts be-
tween principal and agent. The employer has a legal right
to the obedience of his employee in all matters within the
scope of the employment. On the other hand, an employee
is entitled to work for his employer, and to receive his
wages during the time it was agreed he should work ; and
the employee may collect wages from an employer who
discharges him without just cause before the expiration of
the time for which he is hired.

Partnership. — A partnership is a contract by which two
or more persons agree to unite their money and labor in
business, and to share the profits and divide the losses.

328 BUSINESS AND SOCIAL LAW.

Each partner on entering the partnership acquires an interest
in all the partnership property ; and the acts of one partner
in connection with the partnership business bind all the
partners. Each partner is also generally responsible for all
the partnership debts and obligations. A limited partner-
ship is one in which certain partners are responsible only
for limited amounts of the partnership obligations.

Joint Stock Companies and Mutual Aid Associations. —
Somewhat similar to the contract of partnership is the con-
tract between the members of a joint stock company, or the
members of a mutual aid association ; and between such
associations or companies and the public. Such com-
panies and associations are corporations formed under the
laws of the state, and have the right to do business as a
single person under the company name. As a rule each
member is responsible for. the debts of his company or
association to the amount of his individual share or interest.

The Contract of Marriage. — The law regards marriage
as a civil contract, in which the husband agrees to love,
protect, and support his wife, in return for services and
affection rendered by her to him. The law of New York,
inherited from the common law, requires no particular
form of ceremony to make the marriage contract binding ;
and the contract can be dissolved only by death, or by one
of the parties obtaining a divorce, according to the rules
prescribed by law. The law of New York allows a married
woman to own and dispose of her individual property. On
the death of the husband, the wife has the use during her
life of a one-third interest in his real estate. This is called
the wife's dower interest. When a husband sells real estate,
his wife must unite with him in signing the deed, otherwise
she retains her right of dower in the property sold.

PERSONAL AND PROPERTY RELATIONS. 329

Parents and Children. — Parents must care for and sup-
port their children until the latter are twenty-one years old.
If a parent neglects or refuses to supply his child with
necessaries, a third person may supply him and charge
the parent. Children owe their parents obedience and
service. What a minor child earns belongs to the parent,
unless the latter voluntarily relinquish the right to it. A
parent is entitled to the custody of his minor children, and
may enforce their obedience by any reasonable exercise of
force.

Guardian and Ward. — When a minor child owns property,
a guardian is appointed to care for the property. If the
parents be living, one of them is usually made guardian. A
child having a guardian is known as a ward. The guardian
is entitled to the obedience of the ward, but not to his
services, and the guardian must maintain and educate the
ward out of the latter's property. It is the guardian's duty
to manage the property of the ward with reasonable skill
and diligence, and to turn it over to the ward when he
becomes twenty-one years of age. Guardians are appointed
in this State by the surrogate's court.

Contracts Relating to Real Estate — Conveyance by
Deed. — Property is divided into real estate and personal
property. The latter is movable property, while real estate
consists of houses, lands, and their so-called appurtenances.
Personal property may be sold without a written contract,
but real estate may be sold and conveyed only by written
contract called a deed. The person who sells and conveys
real estate is called the grantor, and the person who buys
it the grantee. The deed must be signed and sealed by the
grantor, who must acknowledge his signature before a notary
public, or other officer authorized to take such an acknowl-

330 BUSINESS AND SOCIAL LA IV.

edgment. The deed is then deHvered by the grantor to the
grantee, which act usually completes the transfer of the
property. The laws of New York require a deed to be
recorded, usually in the office of the county clerk. This is
to protect innocent third persons, who might be induced to
buy the property already conveyed by a dishonest grantor.
It also protects the grantee from claims against the property
by the creditors of the grantor. The recording of a deed is
not necessary as between grantor and grantee. A warranty
deed is one in which the grantor agrees to warrant and
defend the title conveyed to the grantee against the claims
of third parties.

Conveyance of Property by Mortgage. — Property is
sometimes transferred or conveyed from one person to
another as security for the payment of a debt. Such a
transfer is made by written grant called a mortgage, which
if conveying real estate, is signed, sealed, delivered and
recorded, like a deed. The grant by mortgage is for a
limited time, and the property thus granted is said to be
mortgaged. It remains in the possession of the grantor, on
the understanding that the legal title to it is to be trans-
ferred back to him on his paying his debt when due. The
person conveying property by mortgage is called the mort-
gagor ; the person to whom it is conveyed the mortgagee.
If the mortgagor pays his debt at the time of the expiration
of the grant by mortgage, the mortgagee gives him a
written satisfaction of mortgage. This cancels the debt, and
reconveys to the mortgagor the legal title to his property.
Like the mortgage, the satisfaction should be recorded.
Should the mortgagor, however, fail to pay his debt when
due, the mortgagee may begin legal proceedings known as
foreclosure of the mortgage. Under these proceedings, the

PERSONAL AND PROPERTY RELATIONS. 331

mortgagee having proven his claim against the mortgagor,
the court orders the sheriff to sell the mortgaged property,
and from the proceeds of the sale to pay the debt due to the
mortgagee. Should any money remain after paying the debt
and the costs of the foreclosure, it goes to the mortgagor.
Both real and personal property may be conveyed by
mortgage. A mortgage given on personal property is
called a chattel mortgage. Such a mortgage is filed gen-
erally with the town clerk, and in this State it may not be
given for a longer period than one year.

Conveyance by Lease. — When real estate is leased for a
longer period than a year, the law requires it to be done by
written contract, known as a lease. The lease is given by
the owner of the property leased to the person who leases
it, and like a deed or mortgage, the lease must be signed
and delivered, but it need not be sealed. The owner of
property leased is called the landlord or lessor; and the
person to whom it is leased, the tenant or lessee. By the
lease the landlord grants to the tenant the use of the leased
property, in return for rent which the tenant agrees to pay.
Should a tenant fail to pay his rent as agreed in the lease, or
should he willfully injure the property leased, the landlord
may obtain possession of it by legal proceedings known as
eviction.

Appurtenances. — The ownership of real estate includes
what is known as its appurtenances. These are minor
rights, such, for example, as the right of a land owner to use
a stream of water flowing across his land. Appurtenances
may be acquired in two ways — by deed, or by long and un-
interrupted use. Thus a right of way across land belonging
to another may be granted by deed, or it may be legally
acquired by twenty years of uninterrupted use. A transfer

332 BUSINESS AND SOCIAL LA IV,

of land by deed, or otherwise, includes a transfer of all its
appurtenances without formal or specific enumeration.

Conveyance by Will. — As a general rule, any person
owning property has a right to say how it shall be disposed
of after his death. This is done by the property- owner
making a written instrument, called a will. Real estate, as
well as personal property, may thus be conveyed from one
person to another by will. In order that a will may be
valid, it must be made by a person of sound mind and un-
derstanding, who in the presence of two witnesses, must
sign it, and declare it to be his last will and testament. The
witnesses must then sign as witnesses. The person who
makes the will is called the testator, and a gift made by will
is called a bequest. A person dying without having made
a will is said to be intestate. A will once made, may be
revoked at any time before death, by the testator making
another and later will, or it may be destroyed. An addition
to a will may be made by the testator in the same manner
and with the same formaHty as the original will. Such an
addition is called a codicil. Wills that convey real estate
are recorded like mortgages and deeds, and for similar
reasons. As a husband cannot deed away his wife's dower
interest, so he cannot convey it by will. The property of a
person who dies without leaving a will is distributed to his
lawful heirs by proceedings in the surrogate's court, accord-
ing to the rules of the State law.

Estates. — Any interest which a person possesses in prop-
erty is known as an estate. The law distinguishes between
the property itself, and the interest which the owner has in
it, which is the estate. An estate, to be complete, must
consist of the right of property, the right of possession, and
the actual possession. The largest possible interest or

PERSONAL AND PROPERTY RELATIONS. 333

estate which a person may have in real estate, is known as
a fee simple. A person owning land in fee simple may-
hold it during his life and dispose of it after his death. An
estate for life is an interest that ends with the death of the
person possessing it. An estate for years is an interest for a
certain definite time only. An estate by courtesy is the life
interest which a husband and father possesses in his de-
ceased wife's real estate. An estate in future is the right to
the future possession of property.

Promissory Notes. — A debtor sometimes gives his
creditor a written evidence of his debt in the form of a
promissory note. This is a written promise to pay a
definite sum of money at a future date. The person giving
or making the note is called the maker; the person he
promises to pay, the payee ; the amount which is promised
to pay, the face of the note. In a promissory note, the
maker may agree to pay the face of the note at a certain
definite date, or he may agree to pay whenever the note is
presented to him by the lawful owner, and payment de-
manded. The latter form is called a note payable on de-
mand. A note may be made with or without containing a
promise to pay interest. When the note contains such a
promise, interest is reckoned from the date of the note un-
til the time of its payment. When a note does not contain
this promise, it does not begin to draw interest until after
the note is due. A promissory note is negotiable, that is,
transferable from one owner to another, when it is drawn
so that the maker promises to pay the face of the note to
the " order " of the payee, or '* to bearer." In such case, the
payee may sell the note to a third person. When the payee
sells a negotiable note, he writes his name across the back,
as an indorser. By this act, he becomes responsible for its

334 BUSINESS AND SOCIAL LAW,

payment to any other person, into whose hands the note
may lawfully come. The payee may indorse the note to a
particular person, who is then known as the indorsee ; or he
may indorse it in blank. The former is called a specific in-
dorsement. In such case, only the indorsee may collect the
note, unless he, by his own indorsement, still further transfers
it. Each and every indorser of a note is responsible for its
payment, but no indorser can, as a rule, be held responsible,
unless the note has been presented, when due, to the maker,
and payment refused by him ; and in order to hold an in-
dorser, he must be promptly notified in writing of the failure
of the maker to pay the note. Making such notice is called
" protesting the note." A promissory note is non-negotia-
ble, that is, not transferable from one owner to another,
when the promise is to pay the payee only, without the
words " or order," •' or bearer." No note is collectible till
it has become due.

SUMMARY.

Nearly all ordinary personal and property relations are
regulated by State laws, which have their sources in the
constitution, adopted by the people ; the statutes, enacted
by the legislature ; or in the common law of England, so
far as it is applicable to existing modern conditions.

Ordinary personal and property relations are usually
regulated by contracts, express or implied. Among these
are contracts to buy, sell, and lease ; contracts for transporta-
tion; contracts for insurance ; contracts resulting from the re-
lations between principal and agent, employer and employee ;
contracts arising from the relations between parties to promis-
sory notes ; contracts arising from partnership, marriage, and
the relations of parent and child and guardian and ward.

PERSONAL AND PROPERTY RELATIONS. 335

Real estate is transferred from one person to another by
contracts known as deed, mortgage, and lease. Real estate
is also transferred by will.

SUGGESTIVE QUESTIONS.

What is meant by the common law? How does it
differ from statute law ? Name the three sources of State
law.

What is a contract ? What persons may enter into con-
tracts? State the difference between an express and an
implied contract. Under what circumstances is a contract
not binding ?

Describe the contract known as a lease. What implied
obligation does a lessee take upon himself with reference to
the lessor's property ?

State generally the obligations of a common carrier.
What is the contract of insurance ? Of principal and agent ?
Employer and employee ?

What is partnership ? What are the obligations of a
partner in a limited partnership ? In a joint stock com-
pany?

What is the right of dower ? Define guardian, ward, real
estate, grantor, grantee.

Name four legal requirements of a deed. How and why
are deeds recorded ? What is a mortgage ? What is meant
by foreclosure of a mortgage ? Satisfaction of a mortgage ?
Chattel mortgage ?

What are appurtenances ? How is legal title to appur-
tenances acquired ?

What is a will ? Describe the formalities necessary to
the making of a will. What is a codicil ? How may a will

336 BUSINESS AND SOCIAL LAW.

be revoked ? What court has charge of distributing the
property of persons leaving wills, and of intestates ?

What is an estate ? A fee simple ? An estate for life ?
An estate for years ?

Define promissory note, maker, payee, indorser, indorse-
ment in blank. When is a note negotiable? What is
meant by protesting a note ?

APPENDIX

CONSTITUTION OF THE UNITED STATES OF
AMERICA

We, the people of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquillity, provide for the common defense,
promote the general welfare, and secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this Constitution for the United States of
America.

ARTICLE I. Section i. — i. All legislative powers herein granted shall be
vested in a Congress of the United States, which shall consist of a Senate and
House of Representatives.

Section 2. — i. The House of Representatives shall be composed of members
chosen every second year by the people of the several States ; and the electors
in each State shall have the qualifications requisite for electors of the most nu-
merous branch of the State legislature.

2. No person shall be a Representative who shall not have attained to the age
of twenty-five years, and been seven years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that State in which he shall be
chosen.

3. Representatives and direct taxes shall be apportioned among the several
States which may be included within this Union, according to their respective
numbers, which shall be determined by adding to the whole number of free per-
sons, including those bound to service for a term of years, and excluding Indians
not taxed, three fifths of all other persons. The actual enumeration shall be
made within three years after the first meeting of the Congress of the United
States, and within every subsequent term of ten years, in such manner as they
shall by law direct. The number of Representatives shall not exceed one for
every thirty thousand, but each State shall have at least one Representative ; and
until such enumeration shall be made, the State of New Hampshire shall be en-
titled to choose three ; Massachusetts, eight ; Rhode Island and Providence
Plantations, one; Connecticut, five; New York, six; New Jersey, four; Penn-
sylvania, eight ; Delaware, one ; Maryland, six ; Virginia, ten ; North Carohna,
five; South Carolina, five; and Georgia, three,

4. When vacancies happen in the representation fi-om any State, the executive
authority thereof shall issue writs of election to fill such vacancies.

337

338 APPENDIX

5. The House of Representatives shall choose their Speaker and other offi-
cers, and shall have the sole power of impeachment.

Section 3.— i. The Senate of the United States shall be composed of two
Senators from each State, chosen by the legislature thereof, for six years ; and
each Senator shall have one vote.

2. Immediately after they shall be assembled in consequence of the first elec-
tion, they shall be divided as equally as may be, into three classes. The seats of
the Senators of the first class shall be vacated at the expiration of the second
year, of the second class at the expiration of the fourth year, and of the third
class at the expiration of the sixth year, so that one third may be chosen every
second year ; and if vacancies happen, by resignation or otherwise, during the
recess of the legislature of any State, the Executive thereof may make temporary
appointments until the next meeting of the legislature, which shall then fill such
vacancies.

3. No person shall be a Senator who shall not have attained to the age of
thirty years, and been nine years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that State for which he shall be chosen.

4. The Vice-President of the United States shall be President of the Senate,
but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a president pro
tempore, in the absence of the Vice-President, or when he shall exercise the office
of President of the United States

6. The Senate shall have the sole power to try all impeachments. When sit-
ting for that purpose, they shall be on oath or affirmation. When the President
of the United States is tried, the Chief Justice shall preside ; and no person shall
be convicted without the concurrence of two thirds of the members present.

7. Judgment in cases of impeachment shall not extend further than to removal
from office, and disqualification to hold and enjoy any office of honor, trust, or
profit, under the United States; but the party convicted shall nevertheless be
liable and subject to indictment, trial, judgment, and punishment, according to law.

Section 4. — i. The times, places, and manner of holding elections for Sen-
ators and Representatives shall be prescribed in each State by the legislature
thereof; but the Congress may, at any time, by law, make or alter such regula-
tions, except as to the places of choosing Senators.

2. The Congress shall assemble at least once in every year, and such meeting
shall be on the first Monday in December, unless they shall by law appoint a
different day.

Section 5. — i. Each House shall be the judge of the elections, returns, and
qualifications of its own members, and a majority of each shall constitute a
quorum to do business ; but a smaller number may adjourn from day to day, and
may be authorized to compel the attendance of absent members in such manner
and under such penalties as each House may provide.

2. Each House may determine the rules of its proceedings, punish its members
for disorderly behavior, and, with the concurrence of two thirds, expel a member.

CONSTITUTION OF THE UNITED STATES 339

3. Each House shall keep a journal of its proceedings, and from time to time
publish the same, excepting such parts as may in their judgment require secrecy ;
and the yeas and nays of the members of either House, on any question, shall,
at the desire of one fifth of those present, be entered on the journal,

4. Neither House, during the session of Congress, shall, without the consent
of the other, adjourn for more than three days, nor to any other place than that
in which the two Houses shall be sitting.

Section 6. — i. The Senators and Representatives shall receive a compensa-
tion for their services, to be ascertained by law, and paid out of the Treasury of
the United States. They shall, in all cases except treason, felony, and breach of
the peace, be privileged from arrest during their attendance at the session of their
respective Houses, and in going to and returning from the same ; and for any
speech or debate in either House, they shall not be questioned in any other place.

2. No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the United States
which shall have been created, or the emolmments whereof shall have been in-
creased, during such time; and no person holding any office under the United
States shall be a member of either House during his continuance in office.

Section 7. — i. All bills for raising revenue shall originate in the House of
Representatives ; but the Senate may propose or concur with amendments, as on
other bills.

2. Every bill which shall have passed the House of Representatives and the
Senate, shall, before it become a law, be presented to the President of the United
States ; if he approve he shall sign it, but if not he shall return it with his objec-
tions to that House in which it shall have originated, who shall enter the objec-
tions" at large on their journal, and proceed to reconsider it. If, after such
reconsideration, two thirds of that House shall agree to pass the bill, it shall be
sent, together with the objections, to the other House, by which it shall likewise
be reconsidered, and if approved by two thirds of that House, it shall become a
law. But in all such cases the votes of both Houses shall be determined by
yeas and nays, and the names of the persons votmg for and against the bill shall
be entered on the journal of each House respectively. If any bill shall not be
returned by the President within ten days (Sundays excepted) after it shall have
been presented to him, the same shall be a law, in like manner as if he had
signed it, unless the Congress', by their adjournment, prevent its return, in which
case it shall not be a law. ^

3. Every order, resolution, or vote, to which the concurrence of the Senate
and House of Representatives may be necessary (except on a question of ad-
journment) shall be presented to the President of the United States, and before
the same shall take effect shall be approved by him, or, being disapproved by
him, shall be re-passed by two thirds of the Senate and House of Representa-
tives, according to the rules and limitations prescribed in the case of a bill.

Section 8. — The Congress shall have power —

I. To lay aod collect taxes, duties, imposts, and excises, to pay the debts and

340 APPENDIX

provide for the common defense and general welfare of the United States ; but
all duties, imposts, and excises shall be uniform throughout the United States ;

2. To borrow money on the credit of the United States ;

3. To regulate commerce with foreign nations, and among the several States,
and with the Indian tribes;

4. To establish a uniform rule of naturalization, and uniform laws on the
subject of bankruptcies throughout the United States ;

5. To coin money, regulate the value thereof and of foreign coin, and fix
the standard of weights and measures ;

6. To provide for the punishment of counterfeiting the securities and current
coin of the United States;

7. To establish post-offices and post-roads ;

8. To promote the progress of science and useful arts, by securing for
limited times to authors and inventors the exclusive right to their respective
writings and discoveries ;

9. To constitute tribunals inferior to the Supreme Court ;

10. To define and punish piracies and felonies committed on the high seas, and
offenses against the law of nations ;

11. To declare war, grant letters of marque and reprisal, and make rules con-
cerning captures on land and water ;

12. To raise and support armies; but no appropriation of money to that use
shall be for a longer term than two years ;

13. To provide and maintain a navy ;

14. To make rules for the government and regulation of the land and naval
forces ;

15. To provide for calling forth the militia to execute the laws of the Union,
suppress insurrections, and repel invasions ;

16. To provide for organizing, arming, and disciplining the militia, and for
governing such part of them as may be employed in the service of the United
States, reserving to the States respectively the appointment of the officers and
the authority of training the militia according to the discipline prescribed by
Congress ;

17. To exercise exclusive legislation in all cases whatsoever over such district
(not exceeding ten miles square) as may, by cession of particular States and the
acceptance of Congress, become the seat of the government of the United
States, and to exercise like authority over all places purchased by the consent of
the legislature of the State in which the same shall be, for the erection of forts,
magazines, arsenals, dock-yards, and other needful buildings ; and,

18. To make all laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this Constitution
in the government of the United States, or in any department or officer thereof.

Section 9. — i. The migration or importation of such persons as any of the
States now existing shall think proper to admit, shall not be prohibited by the
Congress prior to the year one thousand eight hundred and eight, but a tax or

CONSTITUTION OF THE UNITED STATES 341

duty may be imposed on such importation, not exceeding ten dollars for each
person.

a. The privilege of the writ of habeas corpus shall not be suspended, unless
when in cases of rebellion or invasion the public safety may require it.

3. No bill of attainder or ex post facto law shall be passed.

4. No capitation or other direct tax shall be laid, unless in proportion to the
census or enumeration hereinbefore directed to be taken,

5. No tax or duty shall be laid on articles exported from any State. No pref-
erence shall be given by any regulation of commerce or revenue to the ports of
one State over those of another ; nor shall vessels bound to or from one State
be obliged to enter, clear, or pay duties in another.

6. No money shall be drawn from the treasury but in consequence of appro-
priations made by law ; and a regular statement and account of the receipts and
expenditures of all public money shall be published from time to time,

7. No title of nobility shall be granted by the United States ; and no person
holding any office of profit or trust under them, shall, without the consent of the
Congress, accept of any present, emolument, office, or title, of any kind what-
ever, from any king, prince, or foreign state.

Section 10. — i. No State shall enter into any treaty, alliance, or confedera-
tion ; grant letters of marque and reprisal ; coin money ; emit bills of credit ;
make anything but gold and silver coin a tender in payment of debts ; pass any
bill of attainder, ex post facto law, or law impairing the obligation of contracts,
or grant any title of nobility.

2. No State shall, without the consent of the Congress, lay any imposts or
duties on imports or exports except what may be absolutely necessary for exe-
cuting its inspection laws : and the net produce of all duties and imposts laid by
any State on imports or exports, shall be for the use of the treasury of the United
States; and all such laws shall be subject to the revision and control of the
Congress. No State shall, without the consent of Congress, lay any duty of ton-
nage, keep troops or ships of war in time of peace, enter into any agreement or
compact with another State or with a foreign power, or engage in war, unless
actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II, Section i. — i. The executive power shall be vested in a Pres-
ident of the United States of America, He shall hold his office during the term
of four years, and, together with the Vice-President, chosen for the same term,
be elected as follows:

2. Each State shall appoint, in such manner as the legislature thereof may
direct, a number of Electors equal to the whole number of Senators and Repre-
sentatives to which the State may be entitled in the Congress ; but no Senator or
Representative, or person holding an office of trust or profit under the United
States, shall be appointed an Elector.

Clause J has been superseded by the 12th Article of Amendments,

4. The Congress may determine the time of choosing the Electors, and the
day on which they shall give their votes ; which day shall be the same through-
out the United States.

342 APPENDIX

5. No person, except a natural-bom citizen, or a citizen of the United States

at the time of the adoption of this Constitution, shall be eHgible to the office of
President ; neither shall any person be eligible to that office who shall not have
attained to the age of thirty-five years, and been fourteen years a resident within
the United States,

6. In case of the removal of the President from office, or of his death, resig-
nation, or inability to discharge the powers and duties of said office, the same
shall devolve on the Vice-President ; and the Congress may by law provide for
the case of removal, death, resignation, or inability, both of the President and
Vice-President, declaring what officer shall then act as President, and such offi-
cer shall act accordingly, until the disability be removed or a President shall be
elected.

7. The President shall, at stated times, receive for his services a compensation,
which shall neither be increased nor diminished during the period for which he
shall have been elected, and he shall not receive within that period any other
emolument from the United States, or any of them.

8. Before he enter on the execution of his office, he shall take the following
oath or affirmation :

" I do solemnly swear (or affirm) that I will faithfully execute the office of
President of the United States, and will, to the best of my abiUty, preserve, pro-
tect, and defend the Constitution of the United States."

Section 2. — i. The President shall be commander-in-chief of the army and
navy of the United States, and of the militia of the several States when called
into the actual service of the United States; he may require the opinion, in
writing, of the principal officer in each of the executive departments, upon any
subject relating to the duties of their respective offices, and he shall have power
to grant reprieves and pardons for offenses against the United States, except in
cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to
make treaties, provided two thirds of the Senators present concur ; and he shall
nominate, and by and with the advice and consent of the Senate, shall appoint
Embassadors, other public Ministers and'Consuls, Judges of the Supreme Court,
and all other officers of the United States, whose appointments are not herein
otherwise provided for, and which shall be established by law ; but the Congress
may by law vest the appointment of such inferior officers as they think proper,
in the President alone, in the Courts of law, or in the heads of Departments.

3, The President shall have power to fill up all vacancies that may happen
during the recess of the Senate, by granting commissions which shall expire at
the end of their next session.

Section 3. — He shall, from time to time, give to the Congress information of
the state of the Union, and recommend to their consideration such measures as
he shall judge necessary and expedient ; he may, on extraordinary occasions,
convene both Houses, or either of them, and in case of disagreement between
them with respect to the time of adjournment, he may adjourn them to such

CONSTITUTION OF THE UNITED STATES 343

time as he shall think proper ; he shall receive Embassadors and other public
Ministers; he shall take care that the laws be faithfully executed, and shall com-
mission all the officers of the United States.

Section 4, — The President, Vice-President, and all civil officers of the United
States, shall be removed from office on impeachment for, and conviction of,
treason, bribery, or other high crimes and misdemeanors.

ARTICLE III. Section i. — The judicial power of the United States shall
be vested in one Supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish. The Judges, both of the Supreme
and inferior Courts, shall hold their offices during good behavior, and shall, at
stated times, receive for their services a compensation which shall not be dimin-
ished during their continuance in office.

Section 2. — i. The judicial power shall extend to all cases in law and equity
arising under this Constitution, the laws of the United States, and treaties made,
or which shall be made, under their authority ; to all cases affecting Embassadors,
other public Ministers, and Consuls ; to all cases of admiralty and maritime juris-
diction ; to controversies to which the United States shall be a party ; to contro-
versies between two or more States ; between a State and citizens of another
State ; between citizens of different States ; between citizens of the same State
claiming lands under grants of different States ; and between a State, or the cit-
izens thereof, and foreign states, citizens, or subjects,

2. In all cases affecting Embassadors, other public Ministers, and Consuls, and
those in which a State shall be party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned, the Supreme Court shall
have appellate jurisdiction, both as to law and fact, with such exceptions and
under such regulations as the Congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be by jury ;
and such trial shall be held in the State where the said crimes shall have been
committed ; but when not committed within any State, the trial shall be at such
place or places as the Congress may by law have directed.

Section 3. — i. Treason against the United States shall consist only in levying
war against them, or in adhering to their enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two wit-
nesses to the same overt act, or on confession in open court.

2. The Congress shall have power to declare the punishment of treason, but
no attainder of treason shall work corruption of blood, or forfeiture, except dur-
ing the life of the person attainted.

ARTICLE IV. Section i.— Full faith and credit shall be given in each
State to the public acts, records, and judicial proceedings of every other State.
And the Congress may, by general laws, prescribe the manner in which such
acts, records, and proceedings shall be proved, and the effect thereof.

Section 2. — i. The citizens of each State shall be entitled to all privileges
and immunities of citizens in the several States.

2. A person charged in any State with treason, felony, or other crime, who

344 APPENDIX

shall flee from justice, and be found in another State, shall, on demand of the
executive authority of the State from which he fled, be deUvered up, to be re-
moved to the State having jurisdiction of the crime.

3. No person held to service or labor in one State, under the laws thereof, es-
caping into another, shall, in consequence of any law or regulation therein, be
discharged from such service or labor, but shall be delivered up on claim of the
party to whom such service or labor may be due.

Section 3, — i. New States may be admitted by the Congress into this Union;
but no new State shall be formed or erected within the jurisdiction of any other
State ; nor any State be formed by the junction of two or more States, or parts
of States, without the consent of the legislatures of the States concerned as well
as of the Congress.

2. The Congress shall have power to dispose of and make all needful rules
and regulations respecting the territory or other property belonging to the United
States ; and nothing in this Constitution shall be so construed as to prejudice
any claims of the United States or of any particular State.

Section 4. — The United States shall guarantee to every State in this Union a
repubHcan form of government, and shall protect each of them against invasion ;
and, on application of the legislature, or of the Executive (when the legislature
can not be convened) against domestic violence,

ARTICLE v.— The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose Amendments to this Constitution, or, on the
application of the legislatures of two thirds of the several States, shall call a
convention for proposing Amendments, which, in either case, shall be vahd to
all intents and purposes as part of this Constitution, when ratified by the legis-
latures of three fourths of the several States, or by conventions in three fourths
thereof, as the one or the other mode of ratification may be proposed by the
Congress : provided, that no Amendment which may be made prior to the year
one thousand eight hundred and eight shall in any manner affect the first and
fourth clauses in the ninth section of the first article ; and that no State, without
its consent, shall be deprived of its equal suffrage in the Senate.

ARTICLE VI. — I. All debts contracted and engagements entered into, before
the adoption of this Constitution, shall be as valid against the United States
under this Constitution as under the Confederation.

2. This Constitution, and the laws of the United States which shall be made
in pursuance thereof, and all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme law of the land ; and the
judges in every State shall be bound thereby, anything in the constitution or
laws of any State to the contrary notwithstanding.

3. The Senators and Representatives before mentioned, and the members of
the several State legislatures, and all executive and judicial officers, both of the
United States and of the several States, shall be bound by oath or affirmation to
support this Constitution ; but no religious test shall ever be required as a quali-
fication to any office or public trust under the United States.

CONSTITUTION OF THE UNITED STATES 345

ARTICLE VII.— The ratification of the Conventions of nine States skall be
sufficient for the establishment of this Constitution between the States so ratify-
ing the same.

AMENDMENTS TO THE CONSTITUTION.

ARTICLE I. — Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech or of the press ; or the right of the people peaceably to assemble, and to
petition the government for a redress of grievances.

ARTICLE II. — A well-regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms shall not be infringed.

ARTICLE III. — No soldier shall, in time of peace, be quartered in any
house without the consent of the owner, nor in time of war, but in a manner to
be prescribed by law.

ARTICLE IV. — The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be vio-
lated, and no warrants shall issue, but upon probable cause, supported by oath
or affirmation, and particularly describing the place to be searched, and the per-
sons or things to be seized.

ARTICLE V. — No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand jury, except
in cases arising in the land or naval forces, or in the militia when in actual
service in time of war or public danger ; nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb ; nor shall be compelled
in any criminal case to be a witness against himself; nor be deprived of life,
liberty, or property, without due process of law ; nor shall private property be
taken for public use without just compensation.

ARTICLE VI. — In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have been pre-
viously ascertained by law, and to be informed of the nature and cause of the
accusation ; to be confronted with the witnesses against him ; to have compulsory
process for obtaining witnesses in his favor, and to have the assistance of counsel
for his defense.

ARTICLE VII. — In suits at common law where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury shall be otherwise re-examined in any Court of the United
States, than according to the rules of the common law.

ARTICLE VIII. — Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.

ARTICLE IX. — The enumeration in the Constitution of certain rights shall
not be construed to deny or disparage others retained by the people.

346 APPENDIX

ARTICLE X.— The powers not delegated to the United States by the Con-
stitution, nor prohibited by it to the States, are reserved to the States respectively,
or to the people.

ARTICLE XL— The judicial power of the United States shall not be con-
strued to extend to any suit in law or equity, commenced or prosecuted against
one of the United States by citizens of another State, or by citizens or subjects
of any foreign state.

ARTICLE XII.— The electors shall meet in their respective States, and vote
by ballot for President and Vice-President, one of whom, at least, shall not be
an inhabitant of the same State with themselves ; they shall name in their ballots
the person voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as Pres-
ident, and of all persons voted for as Vice-President, and of the number of votes
for each, which lists they shall sign and certify, and transmit sealed to the seat
of the government of the United States, directed to the President of the Senate.
The President of the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates, and the votes shall then be counted ;
the person having the greatest number of votes for President shall be the Presi-
dent, if such number be a majority of the whole number of Electors appointed ;
and if no person have such majority, then from the persons having the highest
numbers, not exceeding three, on the list of those voted for as President, the
House of Representatives shall choose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken by States, the represen-
tation from each State having one vote ; a quorum for this purpose shall consist
of a member or members from two thirds of the States, and a majority of all the
States shall be necessary to a choice. And if the House of Representatives
shall not choose a President, whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the Vice-President
shall act as President, as in the case of the death or other constitutional disa-
bility of the President. The person having the greatest number of votes as
Vice-President shall be the Vice-President, if such number be a majority of the
whole number of Electors appointed; and if no person have a majority, then
from the two highest numbers on the list the Senate shall choose the Vice-Pres-
ident ; a quorum for the purpose shall consist of two thirds of the whole number
of Senators, and a majority of the whole number shall be necessary to a choice.
But no person constitutionally ineligible to the office of President shall be
ehgible to that of Vice-President of the United States.

ARTICLE XIII. — 1. Neither Slavery nor involuntary servitude, Accept as a
punishment for crime, whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation,

ARTICLE XIV. — I. All persons bom or naturahzed in the United States,
and subject to the jurisdiction thereof, are citizens of the United States and of
the State wherein they reside. No State shall make or enforce any law which

CONSTITUTION OF THE UNITED STATES 347

shall abridge the privileges or immunities of citizens of the United States ; nor
shall any State deprive any person of life, liberty, or property, without due
process of law, nor deny to any person within its jurisdiction the equal protec-
tion of the laws,

2. Representatives shall be apportioned among the several States according
to their respective numbers, counting the whole number of persons in each
State, excluding Indians not taxed. But when the right to vote at any election
for the choice of Electors for President and Vice-President of the United States,
Representatives in Congress, the executive and judicial officers of a State, or the
members of the legislature thereof, is denied to any of the male inhabitants of
such State, being twenty-one years of age, and citizens of the United States, or
in any way abridged, except for participation in rebellion or other crime, the basis
of representation therein shall be reduced in the proportion which the number of
such male citizens shall bear to the whole number of male citizens twenty-one
years of age in such State.

3. No person shall be a Senator or Representative in Congress, or Elector of
President and Vice-President, or hold any office, civil or military, under the
United States, or under any State, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States, or as a member of
any State legislature, or as an executive or judicial officer of any State, to sup-
port the Constitution of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the enemies thereof. But
Congress may, by a vote of two thirds of each House, remove such disability,

4. The validity of the public debt of the United States, authorized by law, in-
cluding debts incurred for payment of pensions and bounties for services in sup-
pressing insurrection or rebellion, shall not be questioned. But neither the
United States nor any State shall assume or pay any debt or obligation incurred
in aid of insurrection or rebellion against the United States, or any claim for the
loss or emancipation of any slave ; but all such debts, obligations, and claims
shall be held illegal and void.

5. The Congress shall have power to enforce, by appropriate legislation, the
provisions of this article.

ARTICLE XV.— I. The right of citizens of the United States to vote shall
not be denied or abridged by the United States, or by any State, on account of
race, color, or previous condition of servitude.

2. The Congress shall have power to enforce this article by appropriate legis-
lation.

ABSTRACT OF THE STATE CONSTI-
TUTION

ARTICLE I Personal Rights.

Section i. — Persons not to be Disfranchised. — No member of the State
may be disfranchised or be deprived of any right or privilege, except by law
and after a legal trial.

Section 2. — Trial by Jury.— The right to trial by jury, in all cases where
it has heretofore been used, shall remain inviolate.

Section 3. — Freedom of Worship. — Free exercise and enjoyment of re-
ligious profession and worship shall be allowed to all ; and no person shall be
rendered incompetent to be a witness on account of his opinions in matters
of religion.

Section 4. — Habeas Corpus. — The privilege of the writ of habeas corpus
may not be suspended, except in time of rebellion or invasion.

Section 5. — Excessive Bail and Fines. — Excessive bail shall not be
required, nor excessive fines imposed, nor cruel or unusual punishments in-
flicted, nor shall witnesses be unreasonably detained.

Section 6. — Rights of Accused Persons. — No person may be held to
answer for a capital or infamous crime (except in cases of impeachment, cases
in the army and navy, and cases of petit larceny under regulations of the
legislature) unless on presentment or indictment of a grand jury. Accused
persons may appear in court and defend themselves in person and by counsel.
No person may be twice put in jeopardy for the same offense ; nor in a crimi-
nal case be compelled to be a witness against himself; nor be deprived of
life, liberty or property without due process of law. Private property may
not be taken for public use without just compensation.

Section 7. — Compensation on Taking Private Property. Private Roads.
Drainage of Agricultural Lands. — When private property is taken for public
use, compensation may be ascertained by commissioners appointed by a court
of record. Private roads may be opened when necessary, the necessity and
the amount of damage to be ascertained by a jury of freeholders. Owners

349

350 APPENDIX

of agricultural lands may construct necessary drains across the property of
another, under proper restrictions and with just compensation.

Section 8. — Freedom of Speech and the Press. — Every citizen may freely
speak, write and publish his sentiments on all subjects, being responsible for
the abuse of that right. In criminal prosecutions for libel the truth may be
given in evidence, and if the matter charged as libelous is true, but was pub-
lished with good motives and for ju-stifiable ends, the party must be acquitted.

Section 9. — Right of Assembly and Petition. Divorces. Prohibition
of Gambling. — The people may peaceably assemble and petition the govern-
ment or any department thereof. Divorces may not be granted except by
judicial proceedings. Lotteries, pool-selling, book-making and all gambling
are unlawful.

Section id. — Escheats. — All lands the titles to which fail from defect of
heirs revert to the people of the State.

Section ii.— Feudal Tenures Abolished. — All feudal tenures with all
their incidents are abolished, except rents and services certain which have
been lawfully created.

Section 12. — Allodial Tenures. — All lands in the State are allodial and
may be sold or disposed of by the owners.

Section 13. — Leases of Agricultural Land. — No lease of agricultural land
may be made for a longer period than twelve years.

Section 15. — Purchase of Land from Indians. — No purchase of land from
the Indians is valid unless made under the authority and with the consent of
the legislature.

Section 16. — Common Law and the State Law. — Those parts of the
Common Law of England not repugnant to the State constitution, which
were in force in the State April 19, 1775, and have not since expired or been
repealed, continue to be the law of the State, subject to alteration or repeal
by the legislature.

Section 18. — Damages for Injuries Causing Death. — The right of action
to recover damages for injuries resulting in death shall not be abrogated, and
the amount recoverable shall not be subject to statutory limitation.

ARTICLE II.— Voting.

Section i. — Qualifications of Voters. — Every male twenty-one years of
age, who has been a citizen for ninety days, and an inhabitant of the State
for one year, and a resident of the county for four months, and a resident of
the election district for thirty days, has a right to vote. No elector m the
military service of the State, or in the army or navy of the United States,

STATE CONSTITUTION 351

shall be deprived of the right to vote by reason of his absence from his
election district.

Section 2. — Persons Excluded from the Suffrage. — No person who shall
receive, accept or offer to receive, or pay, offer or promise to pay, contribute,
offer or promise to contribute to another, to be paid or used, any money or
other valuable thing as a compensation or reward for the giving or withhold-
ing of a vote at an election ; or who shall make or become directly or in-
directly interested in any bet depending upon the result of any election, may
vote at such election. The legislature shall enact laws excluding from the
right of suffrage all persons convicted of bribery or of any infamous crime.

Section 3. — Residence for Purposes of Voting. — No person gains or loses
a residence for purposes of voting by reason of his presence or absence in the
service of the United States, or in navigation, or at school, or while kept in
any almshouse or asylum supported wholly or partly at public expense or by
charity, or while confined in a public prison.

Section 4. — Registration. — Registration . for purposes of voting must be
completed at least ten days before the election. In cities and villages having
5,000 inhabitants and over, registration must be on personal application of
the would-be voter. Persons not residents of such cities and villages need
not personally apply for registration at the first meeting of the board of
registry.

Section 5. — Manner of Voting. — All elections, except for such town
officers as may by law be directed otherwise to be chosen, shall be by ballot,
or by some other prescribed method of secret voting.

Section 6. — Election and Registration Boards to be Bipartisan. — All
election and registration boards must be composed of an equal number of
representatives from the two political parties that at the last preceding election
cast the highest and the next highest number of votes. This does not apply
to town meetings or to village elections.

ARTICLE III.— The Legislature.

Section I. — Legislative Powers. — The legislative power of the State is
vested in the senate and the assembly.

Section 2. — Number and Terms of Senators and Assemblymen. — The
senate is composed of fifty members except as otherwise provided, and
senators are elected for terms of two years each. The assembly is com-
posed of 150 members, assemblymen being elected for terms of one year
each.

352 APPENDIX

Section 3. — Senate Districts. — The State is divided into senate districts,
each of which elects one senator. Senate districts in 1895-1906 were :

1. Richmond and Suffolk counties.

2. Queens County.^

3. 1st, 2d, 3d, 4th, 5th and 6th wards of Brooklyn.

4. 7th, 13th, 19th and 2ist wards of Brooklyn.

5. 8th, loth, 1 2th, 30th and 31st wards of Brooklyn.

6. 9th, nth, 20th and 22d wards of Brooklyn.

7. 14th, 15th, i6th and 17th wards of Brooklyn.

8. 23d, 24th, 25th, 29th and 32d wards of Brooklyn.

9. i8th, 26th, 27th and 28th wards of Brooklyn.

10. 1st, 2d and 4th assembly districts, Manhattan.

11. 6th, 8th and loth assembly districts, Manhattan.

12. I2th, 14th and i6th assembly districts, Manhattan.

13. 3d, 5th and 7th assembly districts, Manhattan.

14. 1 8th, 20th and 22d assembly districts, Manhattan.

15. 25th, 27th and 29th assembly districts, Manhattan.

16. 9th, nth and 13th assembly districts, Manhattan.

17. 15th, 17th and 19th assembly districts, Manhattan.

18. 24th, 26th and 28th assembly districts, Manhattan.

19. 2ist, 23d and 31st assembly districts, Manhattan.

20. 30th, 32d and 33d assembly districts, Manhattan.

21. 34th and 35th assembly districts, Manhattan and The Bronx.

22. Westchester County and part of The Bronx (Annexed District).

23. Orange and Rockland counties.

24. Dutchess, Columbia and Putnam counties.

25. Ulster and Greene counties.

26. Delaware, Chenango and Sullivan counties.

27. Montgomery, Fulton, Hamilton and Schoharie counties.

28. Saratoga, Schenectady and Washington counties.

29. Albany County.

30. Rensselaer County.

31. Clinton, Essex and Warren counties.

32. St. Lawrence and Franklin counties.

33. Otsego and Herkimer counties.

34. Oneida County.

35. Jefferson and Lewis counties.

36. Onondaga County.

* Including the new county of Nassau.

STATE CONSTITUTION 353

37. Oswego and Madison counties.

38. Broome, Cortland and Tioga counties.

39. Cayuga and Seneca counties.

40. Chemung, Tompkins and Schuyler counties.

41. Steuben and Yates counties.

42. Ontario and Wayne counties.

^^' \ Monroe County.

44- J

45. Niagara, Genesee and Orleans counties.

46. Allegany, Livingston and Wyoming counties.

47- )

48. V Erie County.

49. J

50. Chautauqua and Cattaraugus counties.

Section 4. — Enumeration and Reapportionment. — The inhabitants of the
State are to be enumerated in 1905 and every tenth year thereafter. After
each enumeration the legislature must alter the senate districts so that each
shall contain as nearly as possible an equal number of inhabitants. Districts
must be in compact form, and counties must not be divided except to form one
or more senate districts wholly within a county. No town or city block may
be divided in forming senate districts. No county may have four or more
senators unless it has a full ratio for each senator. No one county may con-
tain more than one third and no two adjoining counties more than one half
of the total number of senators. The ratio for apportioning senators is ob-
tained by dividing the total population, aliens excluded, by fifty, and the
senate is to contain fifty members, except that if any county having three or
more senators at the time of an apportionment is entitled to an additional
senator or senators, such additional senator or senators shall be given to the
county in addition to the fifty senators.

Section 5. — Apportionment of Assemblymen. — Assemblymen are to be
apportioned among the counties in proportion to population, but no county
heretofore established is to have less than one, except Hamilton which
with the county of Fulton together elect one assemblyman. The ratio of ap-
portionment for assemblymen is obtained by dividing the whole number of
inhabitants, aliens excepted, by 150. One member of assembly is apportioned
to every county containing less than the ratio and one-half over and two to
every other county. The remaining members are apportioned to counties
having more than two ratios in proportion to population, aliens excepted.
Counties entitled to more than one assemblyman are divided into assembly

354 APPENDIX

districts by the board of supervisors, or by the common council where a city
embraces an entire county and the latter has no board of supervisors. Fol-
lowing was the apportionment for 1895-1906:

Counties entitled to one assemblyman : Allegany, Chemung, Chenango,
Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton (including
Hamilton), Genesee, Herkimer, Greene, Lewis, Livingston, Madison,
Montgomery, Ontario, Orleans, Otsego, Putnam, Richmond, Rockland,
Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Sullivan, Tioga, Tomp-
kins, Warren, Washington, Wayne, Wyoming, Yates.

Counties entitled to two assemblymen : Broome, Cattaraugus, Cayuga,
Chautauqua, Dutchess, Jeflerson, Niagara, Orange, Oswego, St. Lawrence,
Steuben, Suffolk, Ulster.

Counties entitled to three assemblymen: Oneida, Queens,^ Rensselaer,
Westchester.

Counties entitled to four assemblymen : Albany, Monroe, Onondaga.

County entitled to eight assemblymen : Erie.

County entitled to twenty-one assemblymen : Kings.

County entitled to thirty-five assemblymen : New York.

Section 6. — Compensation of Legislators. — Each member of the legisla-
ture is to receive an annual salary of ^1,500, and in addition one dollar for
every ten miles which he travels going to and returning from the meeting-
place of the legislature once in each session, on the most usual route.

Section 7. — Civil Appointments of Legislators Void. — No member of the
legislature may receive any civil appointment during the time for which he is
elected, and any such appointment is void.

Section 8. — Persons Disqualified from Being Members of the Legisla-
ture.— No person is eligible to the legislature, who at the time of his election,
or within one hundred days previous thereto, has been a member of Con-
gress, or a civil or military officer under the United States, or an officer under
any city government.

Section 9. — Time of Elections. — Members of the legislature are elected
on the Tuesday following the first Monday in November, unless otherwise
ordered by the legislature.

Section 10. — Powers of Each House. — A majority of the members of each
house of the legislature constitutes a quorum. Each house makes its own
rules of procedure, judges of the election and qualifications of its members,
and chooses its own officers. The senate chooses a temporary president to
act in the absence of the lieutenant governor.

» The third district of the former Queens County included the ne^v County of Nassau.

STATE CONSTITUTION 355

Section ii. — Journals and Proceedings. — Each house keeps a journal of
its proceedings, which are open to the public except when public welfare
requires secrecy. Neither house may adjourn for more than two days with-
out the consent of the other.

Section 12. — Freedom of Debate. — No member may be legally ques-
tioned in any other place for any speech or debate in either house of the
legislature.

Section 13. — Bills may Originate in Either House. — Any bill may origi-
nate in either house of the legislature, and all bills passed by one house may
be amended by the other.

Section 14. — Enacting Clause. — The enacting clause of all bills shall be,
"The People of the State of New York represented in senate and assembly,
do enact as follows " :

Section 15. — Manner of Passing Bills. — No bill may be passed or become
a law unless it is printed and lies in its final form for at least three calendar
legislative days upon the desks of the members, unless the governor or acting
governor certify to the need of its immediate passage. No bill may be passed
except by the assent of the majority of the members elected to each branch
of the legislature. No amendment is allowed on the last reading of a bill.

Section 16. — Private and Local Bills. — No private or local bill may era-
brace more than one subject, and that must be expressed in its title.

Section 18. — Certain Private and Local Bills Prohibited. — Private or local
bills may not be passed in the following cases, but the legislature may enact
general laws thereon affecting the whole State: Changing names of persons;
laying out, opening, altering and discontinuing roads; locating or changing
county seats ; changing venue in civil or criminal suits ; incorporating vil-
lages ; selecting and summoning jurors ; regulating the rate of interest ; con-
ducting elections ; creating and changing fees of public officers ; granting the
right to lay railroad tracks ; granting to any private corporation, association
or individual any exclusive privilege, immunity or franchise ; providing for
bridges except over the Hudson below Waterford, on the East River, or over
waters forming the boundaries of the State.

Section 19. — Private Claims not to be Audited by the Legislature. — The
legislature may audit no private claim, but may appropriate money to pay
claims lawfully audited.

Section 20. — Two-thirds Bills. — The assent of two thirds of the members
of each legislative house is necessary to pass a bill appropriating public
money for local or private purposes.

Section 21. — Appropriation Bills. — No money may be paid out of the
treasury of the State except in pursuance of an appropriation by law.

3S6 APPENDIX

Section 22. — Restricting Provisions in Appropriation Bills. — No provision
may be embraced in an annual appropriation or supply bill unless it relates
specifically to some particular appropriation in the bill.

Section 24. — Tax Bills. — Every \z.\f imposing a tax must state distinctly
the tax and the object to which it is to be applied.

Section 25. — Quorum in case of Money Bills. — On the passage of an act
imposing a tax, creating a debt, or making an appropriation of public money,
or releasing any claim of the State, the vote of each member must be re-
corded, and three fifths of all the members elected to either house constitute a
quorum.

Section 26. — Boards of Supervisors. — Every county, except in cities whose
boundaries are the same as those of a county, must have a board of supervis-
ors ; but in such cities the duties of supervisors devolve upon the common
council.

Section 27. — Local Legislative Powers. — The legislature may confer upon
boards of supervisors and county auditors further powers of local legislation.

Section 28. — Extra Compensation Prohibited. — Neither the legislature, a
common council, nor a board of supervisors may grant any extra compensa-
tion to any public officer, servant, or contractor.

Section 29. — Prison Labor Contract System Abolished. — The labor of
public prisoners may not be farmed out, contracted, given or sold to any
person, firm, association or corporation ; but the products of prison labor may
be disposed of to the State or any of its political divisions or public
institutions.

ARTICLE IV.— Governor and Lieutenant Governor.

Section i. — Executive Power. — The executive power of the State is vested
in the governor. Governor and lieutenant governor are chosen at the same
time and hold office for a term of two years each.

Section 2. — Qualifications. — To be eligible to the office of governor or
lieutenant governor a person must be a citizen of the United States, at least
thirty years of age, and five years a resident of the State.

Section 3. — Election. — Governor and lieutenant governor are to be elected
at the times and places of choosing members of the assembly. On a tie vote
the two houses of the legislature may choose a governor or lieutenant
governor.

Section 4. — Governor's Powers and Duties. — The governor is commander
in chief of the State's military and naval forces, has power to convene the
legislature or senate in extra session, must send a message to the legislature

STATE CONSTITUTION 357

at each session, transacts all necessary business with the civil or military
officers of the government, must faithfully execute all laws, and receives an
annual salary of ^io,cxx).

Section 5. — Reprieves, Commutations and Pardons. — The governor has
power to grant reprieves, commutations and pardons after conviction, for all
offenses except treason and cases of impeachment.

Section 6. — When Lieutenant Governor Acts for Governor. — The lieu-
tenant governor acts in place of the governor when the latter is impeached,
removed from office, dies, resigns, or becomes unable to discharge the duties
of his office.

Section 7. — Duties of Lieutenant Governor. Succession to Governorship.
— The lieutenant governor is president of the senate and has a casting vote
therein. When both governor and lieutenant governor become for any
reason unable to perform the duties of the governor, the president of the
senate is to act as governor, and in case of his disability, the speaker of the
assembly.

Section 8. — Salary of Lieutenant Governor. — The lieutenant governor is
to receive an annual salary of ^5,000 and no other compensation.

Section 9. — Legislative Powers of Governor. — Bills passed by the legisla-
ture must be presented to the governor before becoming laws. If he approves
a bill he signs it. If the governor disapproves of a bill so passed- he must re-
turn it to the house in which it originated with a statement of his objections.
The legislature must then proceed to reconsider the bill, and if it is finally
approved by two thirds of the members elected to both houses, it becomes a
law in spite of the objections of the governor. A bill not returned by the
governor within ten days (Sundays excepted) after it has been presented to
him becomes a law the same as if he had signed it, unless the legislature by
its adjournment prevents a return of the bill, in which case it does not be-
come a law without the express approval of the governor. No bill becomes
a law after the final adjournment of the legislature unless approved by the
governor within thirty days after adjournment. The governor may veto
separate items in an appropriation bill, while allowing other portions of the
bill to pass.

ARTICLE V. — Other Executive Officers.

Section i. — Officers, Terms and Compensation. — The secretary of state,
comptroller, treasurer, attorney-general, and State engineer and surveyor are
to be chosen at the same times and places as the governor and lieutenant
governor and are to hold office for terms of two years each. The State engi-
neer and surveyor must be a practical civil engineer.

358 APPENDIX

Section 3. — Superintendent of Public Works. — A superintendent of public
works is to be appointed by the governor, by and with the advice and consent
of the senate, to hold office until the end of the governor's term, or until his
successor is appointed. He is to execute all laws relating to the repair, navi-
gation, construction and improvement of the canals, except such as are not
confided to the State engineer and surveyor. He may be suspended or re-
moved from office by the governor.

Section 4. — Superintendent of State Prisons. — A superintendent of State
prisons is to be appointed by the governor, by and with the advice and con-
sent of the senate, for a term of five years. He may be removed by the gov-
ernor for cause.

Section 5.— Various Commissioners. — The lieutenant governor, speaker of
the assembly, secretary of state, comptroller, treasurer, attorney-general, and
State engineer and surveyor are the commissioners of the land office. The
lieutenant governor, secretary of state, comptroller, treasurer and attorney-
general are commissioners of the canal fund. The latter with the State
engineer and surveyor, and the superintendent of public works, are the canal
board.

Section 7. — State Treasurer may be Suspended. — The governor may
suspend the State treasurer during a recess of the legislature, when it appears
that the treasurer has violated his duty.

Section 9. — Civil Service Appointments and Promotions. — Appointments
and promotions in the civil service of the State, and of all civil divisions
thereof, including cities and villages, are to be made according to merit and
fitness, to be ascertained, so far as practicable, by examinations, which so far
as practicable, are to be competitive. Honorably discharged soldiers and
sailors, who are veterans of the late civil war, and residents and citizens of
the State, are entitled to preference in appointment and promotion without
regard to their standing on the civil service lists.

ARTICLE VI.— Courts.

Section i. — Supreme Court. — The supreme court is continued with gen-
eral jurisdiction in law and equity, subject to the appellate jurisdiction of the
court of appeals. The legislature may alter the judicial districts once after
every enumeration of the inhabitants of the State under the constitution, and
may reapportion the justices.

Section 2. — Judicial Departments. Appellate Division Supreme Court. —
The legislature must divide the State into four judicial departments, the first
to consist of the County of New York, the others to be bounded by county

STATE CONSTITUTION 359

lines, to be compact and as nearly equal in population as possible. There is
to be an appellate division of the supreme court, to consist of seven justices in
the first department and of five in each of the others. Four constitute a
quorum and the concurrence of three is necessary to a decision. The gover-
nor appoints from among all the justices of the supreme court, the judges of the
several appellate divisions and the presiding justice in each division.

Section 3. — Justice not to Sit in Review. — No judge may sit in the appel-
late division or in the court of appeals in review of a decision previously
made by him in another court.

Section 4. — Terms of Office. — The official terms of justices of the supreme
court are fourteen years. The governor may fill vacancies by appointment.

Section 7. — Court of Appeals. — This court is to consist of seven justices —
including a chief justice — elected for terms of fourteen years. Five are a
quorum, and the agreement of four is necessary to a decision. The governor
may appoint four supreme court judges to sit temporarily in this court.

Section 9. — Jurisdiction of Court of Appeals. — The jurisdiction of the
court of appeals, except where the judgment is of death, is limited to a re-
view of questions of law. No unanimous decision of the appellate division
of the supreme court that there is evidence tending to sustain the finding of a
fact or a verdict not directed by the court, may be reviewed by the court of
appeals. The right to appeal to the latter court shall not depend upon the
amount of money involved.

Section 10.— Judges not to Hold Other Office.— The judges of the court
of appeals and of the supreme court may hold no other office or public trust.

Section ii. — Removal of Judges. — Judges of the couit of appeals and of
the supreme court may be removed for cause by two thirds of the members
elected to each house of the legislature. Other judicial officers, except jus-
tices of the peace and justices of inferior courts not of record, may be re-
moved by two thirds of the senators, on the recommendation of the governor.

Section 12. — Age Restriction. — No person may hold the office of judge or
justice of any court longer than until and including the last day of December
next after he shall be seventy years of age. (Amendment of 1909 fixes sal-
aries of supreme court justices; see page 367.)

Seci'ION 13. — Trial of Impeachments. — The assembly, by a vote of a ma-
jority of the members elected, has the power of impeachment. The court for
the trial of impeachments is composed of the president of the senate, a ma-
jority of the senators, and a majority of the judges of the court of appeals
sitting together. Conviction is by concurrence of two thirds of the members.
The judgment of the court does not extend beyond removal from office, or re-
moval and disqualification to hold any office under the State.

36o APPENDIX

Section 14. — County Courts. — There is to be a county court in each
county, presided over by a county judge, elected for a term of six years by
the voters of his county. Kings county has two county judges. County
courts have original jurisdiction in civil suits where the amount involved does
not exceed ^2,000.

Section 15. — Surrogate's Courts. — Surrogate's courts are to be held in
each county, by a surrogate chosen for a term of six years (except in New
York county, where the term is fourteen years) by the people of the county;
except that in counties having less than 40,000 population thecounty judge is
to act as surrogate.

Section 17. — Justices of the Peace and District Court Judges. — Justices of
the peace are to be elected in each town at the annual town meeting for terms
of four years each. Their number and classification may be regulated by
law. Justices of the peace and justices of inferior local courts not of record
may be removed for cause by such courts as may be prescribed by law. Jus-
tices of the peace and district court judges may be elected in the different cities
with powers and terms prescribed by law.

Section 18. — Inferior Local Courts. — Inferior local courts may be estab-
lished by the legislature, but not as courts of record. Such courts may exer-
cise no equity jurisdiction nor any greater jurisdiction in other respects than
is conferred upon county courts.

Section 20. — Judges not to Receive Fees. — No judicial officer, except
justices of the peace, may receive any fees. No judge of the court of appeals,
or justice of the supreme court, or any county judge or surrogate elected in a
county having more than 120,000 population, may practice law in a court of
record in this State, or act as referee. Only attorneys of this State are eligi-
ble for judicial positions.

Section 21. — Publication of Statutes. — The legislature must provide for
the speedy publication of ail statutes, but all laws and judicial decisions may
be published freely by any person.

ARTICLE VII.— State Property and Debts.

Section i. — State Credit not to be Given. — The credit of the State may
not be given or loaned in aid of any individual, association or corporation.

Section 2. — Power of the State to Contract Debts. — To meet casual def-
icits or failures in revenue, the State may contract debts not to exceed at any
one time one million dollars. Moneys so raised must be applied only to the
purposes for which they were raised.

Section 3. — State Debts to Repel Invasion. — The State may contract debts

STATE CONSTITUTION, 361

to repel invasion, suppress insurrection, or defend the State in war ; but
moneys raised for such purposes may be applied only to the purposes for
which they were raised.

Section 4. — Other State Debts. — No other State debt may be contracted
except by law, and for some single work or object to be distinctly specified ;
and the law must provide for the collection of a direct annual tax sufficient
to pay the interest on the debt, and to pay the debt within fifty years; and
before taking effect, such law must be submitted to the people at a general
election and be approved by a majority of the votes cast for and against it.

Section 5. — Sinking Funds. — Sinking funds provided for payment of State
debts must be separately kept and invested, and used for no other purpose.

Section 6. — Limitation of Claims. — No person or official acting in behalf
of the State may allow or pay any claim against the State, which, as between
citizens of the State, would be barred by lapse of time.

Section 7. — Forest Preserve. — The State forest preserve must be forever
kept as wild forest land, and may not be leased, sold, or exchanged, and the
timber on the same may not be sold, removed or destroyed.

Section 8. — Canals. — The Erie Canal, the Oswego Canal, the Champlain
Canal, the Cayuga and Seneca Canal, and the Black River Canal are to re-
main the property of the State and under its management.

Section 9. — No Tolls on Canals. — No tolls may be imposed upon persons
or property transported on canals owned by the State.

Section 10. — Canal Improvement. — The canals may be improved as the
legislature may direct, the cost to be defrayed by an appropriation of funds
from the State treasury, or by annual tax.

Section ii. — Payment of Debts. — The direct tax required by Section 4
above, need not be collected if the legislature provides other funds instead.

Section 12. — Highways. — State debts not exceeding $50,000,000 may be
incurred by general laws for improvement of highways.

ARTICLE VIII. — Corporations, Public Funds, etc.

Section i. — Corporations, as a rule, are to be formed under general laws.
Municipal corporations may be created by special act. ■

Section 4. — Bank Charters. Restriction of Trustees. — ^No special charter
for banking purposes may be granted by the legislature. No trustee of a
savings bank may have any interest in the profits of such corporation.

Section 5. — Specie Payment. — The legislature has no power to pass any
law sanctioning the suspension of specie payments by any bank.

Section 6. — Registry of Bills or Notes. — State bank bills must be registered
by the State, and ample security provided for their redemption in specie.

362 APPENDIX

Section 7. — Liability of Stockholders of Banks— The stockholders of any
bank are individually responsible to the amount of their respective shares, for
all the bank's debts.

Section 9. — Credit of the State not to be Given. — Neither the credit nor
money of the State may be given or loaned in aid of any private enterprise.

Section 10. — Cities and Towns not to Loan their Credit. Limitation of
Indebtedness. — No county, city, town or village may give or loan its money
or credit in aid of any private enterprise or incur any debt except for munic-
ipal purposes. No county or city may go into debt in excess of ten per cent,
of the assessed valuation of its taxable real estate, except to provide a water
supply. When the boundaries of a city and county are the same, or a city
shall include within its boundaries more than one county, the power of such a
county to go into debt ceases, but the existing county debt is not, for the pur-
poses of this section, to be reckoned as a part of the city debt. No county
containing a city of over 100,000 inhabitants, and no such city, may levy an
annual tax of more than two per cent, of the assessed value of its taxable real
and personal property, above what is necessary to provide for the principal
and interest of its existing debt.

Sections ii and 12. — State Board of Charities. State Commission in
Lunacy. State Commission of Prisons. — The legislature is to provide for a
State board of charities to visit and inspect all charitable and reformatory in-
stitutions in the State; a State commission in lunacy to visit all insane
asylums in the State ; and a State commission of prisons to visit prisons.
Members are to be appointed by the governor, by and with the advice and
consent of the senate, and to be subject to removal by the governor.

ARTICLE IX.— Education.

Section i. — The legislature must provide a system of free common schools
wherein all the children of the State may be educated.

Section 2. — Regents of the University. — The regents of the University of
New York are continued under the name of The University of the State of
New York.

Section 3. — Common School, Literature, and United States Deposit Funds.
— The capital of each of these funds must be preserved inviolate. The reve-
nue of the common school fund is to be applied to the support of the common
schools, the revenue of the literature fund to the support of the academies,
and $25,000 of the United States deposit fund is to be each year appropriated
to and made a part of the capital of the common school fund.

Section 4. — Neither the State nor any municipality may aid in the main-
tenance of any school or institution of learning wholly or in part under the

STATE CONSTITUTION 363

control or direction of any religious denomination, or in which any denomina-
tional tenet or doctrine is taught.

ARTICLE X.— Public Officers.

Section i. — Sheriffs, District Attorneys, County Clerks, and Registers. —
These officers are to be chosen in their respective counties once in three
years, except in New York and Kings counties, and in counties whose bound-
aries are the same as a city, when they are to be chosen once in two or four
years, as the legislature may elect. Sheriffs are ineligible for the next suc-
ceeding term. The governor may remove any of these officers for cause.

Section 6. — The Political Year. — The political year and the legislative
term begin on the first day of January. The legislature must assemble on
the first Wednesday in January.

Section 9. — Compensation of Officers. — No officer whose salary is fixed
by the constitution may receive additional compensation. Each of the other
officers named in the constitution is to receive a salary fixed by law, which
may not be increased or diminished during his term of office.

ARTICLE XL— The Militia.

Section i. — The State Militia. — All able-bodied citizens, not exempt by
law, who are between the ages of eighteen and forty-five, and residents of the
State, constitute the militia.

Section 3. — Organization. — The legislature is to organize the militia and
to divide it into land and naval forces ; and there must be maintained at all
times a force of not less than 10,000 men fully uniformed, armed, equipped,
disciplined, and ready for active service.

Section 4. — Appointments by Governor. — The governor is to appoint the
chiefs of all stafT departments, his aids-de-camp, and military secretary, whose
commissions expire with his term. He also appoints by and with the advice
and consent of the senate, the major generals.

Section 6. — Removals from Office. — Commissioned officers may be re-
moved for cause by the senate, on recommendation of the governor, or by
sentence of a court-martial, or by the findings of an examining board,

ARTICLE XIL— Cities.

Section i. — Organization. — It is the duty of the legislature to provide for
the organization of cities and villages, and to restrict their power of taxation
and of contracting debt.

364 APPENDIX

Section 2. — Classification of Cities. Special City Laws. — Cities of the
first class have a population of 175,000 and over, of the second class a popu-
lation between 50,000 and 175,000, cities of the third class include all others.
When a proposed law applying to a particular city has passed both houses of
the legislature it must be sent to the mayor of the city, who must return it
within fifteen days to the legislature, if in session, or to the governor, if the
legislature be not in session, stating whether or not the city accepts the pro-
posed law. If accepted, the proposed law is subject to the action of the gov-
ernor as in case of other bills. If rejected or not returned within fifteen
days, and the legislature be still in session, the bill may be repassed by both
branches of the legislature, when it is subject to the action of the governor, as
in case of other bills.

Section 3. — Election of City Officers. — City officers in cities of the first
and second classes including supervisors, and judicial officers of inferior local
courts, and county officers elected in New York and Kings counties, and
county officers in all counties whose boundaries are the same as those of a
city, are to be elected on the Tuesday succeeding the first Monday in Novem-
ber in an odd-numbered year, and the term of every such officer is to expire
at the end of an odd-numbered year.

ARTICLE XIII. — Oath of Office. Provisions Against Bribery and

Corruption.

Section i. — Oath of Office. — Members of the legislature, and all officers
executive and judicial, except such inferior officers as the law exempts, must,
before they enter upon the duties of office take the following oath : " I do
solemnly swear (or affirm) that I will support the constitution of the United
States, and the constitution of the State of New York, and that I will faith-
fully discharge the duties of the office of . . . according to the best
of my ability." And all such officers chosen at any election must take the
following in addition : " And I do further solemnly swear (or affirm) that I
have not directly or indirectly paid, offered or promised to pay, contributed,
or offered or promised to contribute any money, or other valuable thing as a
consideration or reward for the giving or withholding a vote at the election
at which I was elected to said office, and have not made any promise to in-
fluence the giving or withholding any such vote."

Sections 2 and 3. — Official Bribery and Corruption. — Any person holding
office under the laws of the State, who accepts a bribe for performing or omit-
ting to perform any official act, is guilty of a felony. The person who offers
the bribe is also guilty of a felony.

STATE CONSTITUTION 365

Section 5. — Passes and Franking Privileges Prohibited. — No public officer
may ask or receive for himself or for another any free pass, free transporta-
tion, franking privilege or discrimination in passenger, telegraph, or tele-
phone rates. Violation of this section is a misdemeanor both for the party
receiving and the party granting the pass, privilege, or discrimination.

Section 6. — Removal of District Attorney. — A district attorney failing to
faithfully prosecute a person charged with violation in his county of any pro-
vision of this article may be removed from office by the governor.

ARTICLE XIV.— Amending the Constitution.

Section i. — Amendments, How Made. — An amendment to the constitution
may be proposed in either house of the legislature, and must be passed by a
majority of the members elected to each house, and then referred to the legis-
lature chosen at the next general election of senators, in which legislature the
proposed amendment must again pass both houses as before. The proposed
amendment is to be then submitted to the voters of the State for adoption or re-
jection. If a majority of the voters voting on the proposed amendment
approve it, it becomes a part of the constitution.

Section 2. — Revision of the Constitution by Convention. — In 1 9 1 6 and every
twentieth year thereafter, and also at such times as the legislature may pro-
vide, there is to be submitted to the voters the question : " Shall there be a
convention to revise the constitution and amend the same ? " If a majority
voting decide in favor of the proposed convention, the voters of every senate
district are to elect three delegates and the voters of the State fifteen dele-
gates-at-large to such a convention. Any proposed constitution or constitu-
tional amendment adopted by such convention must be submitted to the
voters of the State and adopted or rejected by majority vote.

PUBLIC OFFICERS, MODE OF APPOINTMENT, TERM OF
OFFICE AND SALARIES.

Officers.
President.
Vice President.
Secretary of State.
Sec'y of the Treasury.
Sec'y of War.
Attorney-General.
Postmaster-General
Sec'y of the Navy.
Sec'y of the Interior.
Sec'y of Agriculture.
Sec'y of Com'ce and Lab.
Civil Service Corn's.
Interstate Com'ce Corn's.
Librarian of Congress.
Supreme Court Judges.
Circuit Court Judges.
District Court Judges.
Judges Court of Claims.
Ambassadors.
Ministers.
Consuls.

United States Senators.
Representatives in Cong.

Governor.

Lieutenant Governor.

Secretary of State,

Comptroller.

Treasurer,

Attorney-General.

State Engineer and Surv.

State Architect.

Sup't Public Works.

Sup't of Banks.

Sup't of Insurance,

United States Officers,

Mode of Appointment
Elected by people.
Elected by people.
App. by Pres, and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App, by Pres. and Sen,
App. by Pres. and Sen.
App. by Pres. and Sen,
App, by Pres. and Sen,
App, by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
App. by Pres. and Sen.
Elected by State Leg.
Elected by people.

New York State Officers.

Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
App. by Gov. and Sen.
App. by Gov. and Sen.
App. by Gov. and Sen.
App. by Gov. and Sen.

Term of Office.

Salary.

4 years.

$ 75,ooo.

4 years.

I2,000.

Will of Pres.

I2,0OO,

Will of Pres.

I2,000,

Will of Pres.

I2,000.

Will of Pres.

I2,000,

Will of Pres.

I2,000,

Will of Pres.

I2,000.

Will of Pres.

I2,000.

Will of Pres.

I2,000,

Will of Pres,

I2,000.

Will of Pres,

4,ooo to 4,500.

7 years.

10,000.

Will of Pres.

6,000.

Dur. good behavior.

12,500.^

Dur. good behavior.

7,000.

Dur. good behavior.

6,000.

Dur. good behavior.

6,000.2

Will of Pres.

17,500.

Will of Pres.

5,000 to 12,000.

Will of Pres.

2,000 to 12,000,

6 years.

. 7,Soo-

2 years.

7,500.

2 years.
2 years.
2 years.
2 years.
2 years.
2 years.

2 years.
Will of Gov.

Coin, with Gov.

3 years.
3 years.

10,000.
5,000,
6,000.
8,000.
6,000.

10,000.
8,000,
7.500,
6,000,
7,000,
7,000,

Chief Justice $ 13,000,

3 Chief Judge $ 6,500,

366

PUBLIC OFFICERS.

367

Officers.

Mode of Appointment.

Term of Office.

Salary.

Adjutant General.

App. by Governor.

Coin, with Gov.

$ 5,500.

Sup't Public Buildings.

{ App. by Gov., Lieut. Gov
1 and Speaker.

■ 2 years.

5,000.

State Tax Corn's.

App. by Gov. and Sen.

3 years.

6,000.

Commissioner of Excise.

App. by Gov. and Sen.

5 years.

7,000.

State Com. of Health.

App. by Gov. and Sen.

4 years.

5,000.

State Historian.

App. by Gov. and Sen.

Will of Gov.

4,500.

Public Service Corn's.

App. by Gov. and Sen.

5 years.

15,000.

Highway Corn's.

App. by Gov. and Sen.

6 years.

5,000 to 6,000.

Civil Service Com's.

App. by Gov. and Sen.

Not defined.

3,000.

Commissioner of Labor.

App. by Gov. and Sen.

4 years.

5,000.

Com. of Agriculture.

App. by Gov. and Sen.

3 years.

6,000.

Port Wardens.

App. by Gov. and Sen.

3 years.

Fees.

Health Ofc'r Port N. Y.

App. by Gov. and Sen.

4 years.

12,500.

Regents of University.

By the Legislature.

12 years.

None.

Com. of Education.

By the Regents.

Will of Regents.

7,500.

For. Fish and Game Com.

App. by Gov. and Sen.

4 years.

6,000.

Sup't State Prisons.

App. by Gov. and Sen.

5 years.

6,000.

Com's. of Charities.

App. by Gov. and Sen.

8 years.

50a

Fisc. Sup't St. Charities.

App. by Gov. and Sen.

5 years.

6,000.

Com's. in Lunacy.

App. by Gov. and Sen.

6 years.

5,000107,500.

Water Supply Com's.

App. by Gov. and Ssn.

5 years.

5,000.

State Senators.

Elected by people.

2 years.

1,500.1

Assemblymen.

Elected by people.

I year.

1,500.*

Judges Court of Appeals.

Elected by people.

14 years.

13,700.'

Supreme Court Judges.

Elected by people.

14 years.

10,000.'

Judges Court of Claims.

App. by Gov. and Sen.

10 years.

8,000.

New York City Officers.

Mayor.

Elected by people.

4 years.

$ 15,000.

Comptroller.

Elected by people.

4 years.

15,000.

Chamberlain.

Appointed by Mayor.

Pleasure of Mayor.

12,000.

Corporation Counsel.

Appointed by Mayor.

Pleasure of Mayor.

15,000.

Police Commissioner.

Appointed by Mayor.

5 years.

7.500.

Borough Presidents.

El. by people of bor.

4 years.

5,000 to 7,500.

Com. of Water Supply, 1
Gas and Elect'y. i

Appointed by Mayor.

Pleasure of Mayor.

7,500.

Com. Street Cleaning.

Appointed by Mayor.

Pleasure of Mayor.

7,500.

Com. of Bridges.

Appointed by Mayor.

Pleasure of Mayor.

7,500.

Com's. of Parks.

Appointed by Mayor.

Pleasure of Mayor.

5,000.

Com. of Pub. Charities.

Appointed by Mayor.

Pleasure of Mayor.

7,500.

Com. of Correction.

Appointed by Mayor.

Pleasure of Mayor.

7,500.

Fire Commissioner.

Appointed by Mayor.

Pleasure of Mayor.

7,500.

Com. of Docks.

Appointed by Mayor.

Pleasure of Mayor.

7,500.

1 And mileage. 2 Chief Justice $ 14,200.

3 $ 17,500 for justices elected in the first and second judicial departments. Justices elected
in the third and fourth departments receive extra compensation for service in the appellate
division or for service outside their own district.

368

Officers.

Pres. B'd Taxes and Ass.
Members B'd Education.
Com. of Health.
Tenement House Com.
Judges Court Gen. Ses.
Judges City Court.
Judges Municipal Court.
Judges Court Sp. Ses.
City Magistrates.
Aldermen.

City Clerk.

APPENDIX.

Mode of Appointment,

. Term of

■ Office.

SalaR'

Appointed by Mayor.

Pleasure

of Mayor.

8,000.

Appointed by Mayor.

5 years.

None.

Appointed by Mayor.

Pleasure of Mayor.

7.500.

Appointed by Mayor.

7.500.

Elected by people.

14 years.

15,000.

Elected by people.

ID years.

12,000.

Elected by people.

10 years.

8,000.1

Appointed by Mayor.

10 years.

9,ooo.«

Appointed by Mayor.

10 years.

7,000.8

Elected by people.

2 years.

2,000.

1 Appointed by Board (

j 6 years.

1 Aldermen.

7,«».

Local Officers (^County).

Sheriff.

County Judge.
Surrogate.
County Clerk.
Treasurer.
District Attorney.
Coroners.
Sup't of Poor.

Sup't of Highways.

Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Appointed by Board
Supervisors.

of

3 years. Fees.*

6 years. Fixed by Legislature.

6 years.5 Varies in different counties.

3 years. Fees.^

3 years. Fixed by board of supervisors.

3 years.^ Varies in different counties.

3 years. Fees.

3 years. By the day, or Salary.

4 years. Fixed by board of supervisors.

Local Officers {Town).

Supervisor.

Town Clerk.

Justice of the Peace.

Assessor.

Sup't of Highways.

Overseer of Poor.

Collector.

Constables.

Inspectors of Elcct'n.

Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.
Elected by people.

2 years.
2 years.
4 years.
2 years.
2 years.
2 years.
2 years.
2 years.
2 years.

By the day.^

Fees.

Fees.

By the day.

By the day.

By the day.

Percentage.

Fees.

By the day.

1 $ 7,000 in Queens and Richmond.
' $6,000 in Brooklyn, Queens and Richmond.
8 $ 6,000 in Brooklyn and $ 5,000 in Queens and Richmond.

* And percentage of money collected on executions. In some counties the sheriff receives
a salary instead of fees.
5 Fourteen in New York county.
8 Salary in some counties fixed by legislature.
"^ Four years in New York and Queens.
8 Annual salaries in a few counties.

NEW YORK SYLLABUS IN CIVICS.

{N'umbers in parentheses refer to pages in this book.)

PRELIMINARY STEPS (7-1 1).

1. Make a list of some twenty or more services rendered to the pupils or
their families by some governmental unit and classify these as rendered by
(a) the school district, {F) the town, village or city, (<r) the state, {d) the
nation, and discuss the relative importance of these various services to the
well-being of the pupil (7-8).

2. Determine why these services are not left to the individual to perform ;
the advantages of cooperation ; the neccessity of some surrender of individual
control in any organized community (9).

3. A brief resume of the rise of cooperative control by the body of citizens
in our own country as seen in building stockades, roads, schools, supporting
a church, etc. (11).

THE SCHOOL DISTRICT (202-206).

A study of the school district to bring out the following points : I. How
composed (202-203). 2. Its boundaries, how determined (203). 3. Its
officers and the duties of each (205-206). 4. Its independence of town and
village governments (203-205). 5. School meetings — annual and special ;
the business transacted at school meetings (204, 205). 6. Union free school
districts, how they differ from common school districts (206).

THE TOWN (10-17,23-32).

1. The study of the activities of the town : a In roadmaking and bridge
building ; Importance of roads to the farmer ; Good and bad kinds of
road ; Share of the county and of the state in roadmaking and maintenance
(25-26). b The care of the poor (26). c The keeping of order (26).
d The town meeting : Election of town officers (16, 23) ; Voting of
funds (16-17).

2. The town officials : the double service of the supervisor ; other officials
and the duties of each (23-28).

369

370 NEW YORK SYLLABUS LN CIVICS.

Note. It will add interest and reality to the study, if the officials themselves
will meet the class and explain the nature of their services to the town. At any
rate legal blanks should be secured from the different officials and their use made
clear.

THE VILLAGE (33-41).

1. A study of the particular natural advantages or conditions which have
caused the relatively close settling of a number of families in a small area
iZZ)' The new conditions made necessary by such centers of population :
a Macadamized or paved roads (34, 38). b Sidewalks and curbs (34,38).

Sewers (34, 38). d Street lights : Whether under public or private con-
trol ; Relative advantages ; Method in other villages ; Cost (34, 39-40).
e Water supply : Public or private ; Relative advantages ; Methods in
other villages ; Cost (34, 39-40). / Removal of refuse (34, 39). g Street
cleaning (34, 38). h Fire protection : Volunteers or paid department
(34? 40). i Care of the public health (34, 37-38). / Administration of
justice (38). k Graded and higher schools (34,202,206).

2. Classes of villages,; the village charter, class to which the pupils' village
belongs (35). The village officials ; the terms of office ai)d duties of each
(36-38).

3. Election of the village officers ; Time, and reason for it (36).

THE CITY (42-61,62-79).

1. A study of natural advantages and other conditions which have caused
the pupil's place of residence to become a city (6l ; cf. '}i'^'

2. The street the central element of city life (53). How the activities and
conditions named in 3 to 7 are cared for in the student's home city ; what
official is responsible for each activity; how he gets his position ; how he may
be made to perform his function properly; and, throughout, a comparison with
the practices of other cities within and without the state (61, 48-54, 71, etc.),

3. The laying out (including condemnation proceedings) of streets ;
their paving and maintenance ; kinds and cost of surface ; right to tear up
pavement ; duty to replace ; sidewalks and curbs ; cleaning of sidewalks ;
traffic regulations (53-54, 52).

4. Bridges; to be studied in the main as roads (53).

5. Other utilities found on, in or under the streets : a Sewers and sewage
disposal; Comparison of methods (54, 53). b Street lights; how supplied
(55). c Gas mains and connections (54). ^ Electric wires; pole or conduit
system (54, 55). e Water mains and connections (54). / Transportation
lines; surface, elevated or subway (55). g Steam railways in streets; grade
crossings (55).

NEW YORK SYLLABUS IN CIVICS. 371

6. Street cleaning; snow removal (56).

7. In the case of each of the foregoing utilities a discussion (if apposite)
of public versus private ownership. In case of the latter a discussion of the
obtaining of the franchise. The welfare of the community as dependent upon
the proper management of these utilities. (55.)

8. The rights and duties of citizens on the streets (52).

9. Building laws and permits. Peculiar problems of city life arising from
the existence of tenement houses, high buildings; how met and regulated

(5^57).

10. Fire department; effect of its efficiency on insurance rates (42, 56).

11. Police work; preventive, protective (42).

12. The school system; appointment of teachers; compulsory school law
and its enforcement (207-209).

13. Parksand recreation centers; baths; washhouses (57). 14. Museums,
lectures, free concerts (57). 15. Care of the poor; city institutions (57).
16. Care of the sick and injured (57). 17. City courts; civil and criminal;
juvenile; relation to county and state courts (49). 18. City penal institu-
tions (49).

19. City finances: a The cost of the services mentioned in 10-18 (57-58).
b Sources of revenue : licenses, fines, fees, rentals of public property, taxes,
special assessments (58). c Assessments for taxation purposes; The real
estate and personal tax, with reasons for growing neglect of latter (58-59).
d The tax rate; City rate as compared with state and federal taxes (59).
e Making the budget; Revenues and expenses for the last financial year (59).
f City debt; limitations. (50,)

20. Systematic outline of the framework of the city government with a tab-
ulation of the chief officials and their duties, where feasible using the city char-
ter as a guide (61, 47-49, 51, 65-78). Officials removable by state authority
(70, 73). Classification of officials as legislative, executive or judical (47-49).

21. Choosing of above officials. City elections; when held, and why at
that time. National party lines usually not drawn in city affairs. Duty of the
citizen to take part in organized city politics. (47, 53.)

22. Classes of cities (47). Qassification of the student's city. The charter;
how obtained ; its functions ; changes in the charter, how made (43).

23. Comparison of general systems of city government. The commission
plan (Des Moines, Galveston). Need of fixing responsibility. (52.)

THE COUNTY (80, 85-93, 181-188, 193).

The county has hitherto been largely ignored in the study of civics. The
collection of its taxes at the same time and on the same bill as the local tax

372 NEU^ YORK SVLLABUS IN CIVICS.

leads to this. It has important distinctive services. Many cases at law go
to county courts. Registration of deeds and mortgages, probate and adminis-
tration of wills are county functions. Also the main highways and bridges are
chiefly under county control outside the great cities. The county is responsible
for the preservation of order.

1. City counties. Some cities are identical in boundaries vf\\.\i a county [in
other states] ; others (New York city) include several counties (64). In such
cases city and county government in part coincide, and certain county officials
are replaced by city officials (75-76).

2. County officials : duties of each; how chosen; how removed (86-91).

3. County finances : a The expenses of the county (92). b The county
tax; how levied; how collected (215-218).

4. The judicial system: a The grand jury : composition; selection; duties
(indictment, presentment); mode of procedure (181-183). b The trial or
petty jury : lists of jurors, and how made; liability to jury duty, and exemption
therefrom; duty of the citizen to serve as a juror ; selection of the panel; num-
ber; requirement of unanimous verdict; pay of jurors (185-186, 188). c Duty
of district attorney (89, 184, 185). d Duties and jurisdiction of county judge
(90, 193). e Duties of sheriff ; in execution of civil judgments and criminal
sentences ; preservation of order; iht posse comitatus (88-89). f The crime
of perjury (188).

THE GOVERNMENT OF THE STATE (118-237).

I. The Constitution of the State of New York. — A. By whom
established; why established; how established; by whom drafted (113,
118-119).

B. Importance of the Constitution as the fundamental law seen: i. In
guaranteeing personal rights (119, 125-132, 349-350). 2. In determining
suffrage rights and the manner and the time of voting (119, 350-351). 3. In
creating legislative bodies, defining their duties and limiting their action (i 19,
351-356). 4. In creating executive and administrative offices and defining
the duties thereof (119, 356-358). 5. In creating state and local courts
(119, 358-360). 6. In safeguarding state and local credit and caring for
public property and public institutions (119, 360-362). 7. In providing free
schools and academies (119, 362). 8. In providing for its own amendment
(120, 365).

II. Activities of the State. — ^The state the greater regulator of our
everyday life, as shown

A. In its creation and control of: i. The school district, the town, city

NEW YORK SYLLABUS IN CIVICS. 373

and county, with their close relation to our daily life as already shown (95, 29,
34-35, 43, 85). 2. The personnel of the voting body, by fixing their qualifi-
cations, even those of voters for federal officers (135-136, 139). 3. The num-
ber, kind and qualifications of the elective and appointive officers of the lesser
units, including the power of removing many city and county officials by state
authority (95, 70, 73, 88, i6i).

B. In its enactment and enforcement of the great majority of the laws
which govern the citizen in his daily life, such as : i. Creation and safeguard-
ing of all civil and property rights; with regulation of transfers and inherit-
ances (96-97, 323). 2. Creation and control (save for interstate commerce)
of all corporations (97, 220). 3. Special control of all banks and trust com-
panies save national banks, and of all insurance companies and building and
loan associations (221, 173). 4. Control of all common carriers so far as
traffic within the state is concerned (97, 174). 5. License and control of
the liquor business (97). 6. Sanitary regulation (97). 7. Exercise the
right of eminent domain (96, 129-130). 8. Supervision of education (97).

9. Authorization of the levying of all taxes for state and local purposes (97).

10. Provision for certain portions of the defective, dependent and delinquent
classes (97).

III. Organization of Government. — ^These various activities of the State,
as of the local unit, require for their exercise the three organs of government :
the lawmaking, the law interpreting, and the law enforcing; or the legislative,
judicial, and executive departments (141-142).

A. The state legislative department. — i. The state Legislature:
a The source of the lawmaking power, representing " people of the state of
New York" (145).

b The Legislature divided into two houses; advantages; disadvantages
(145-146).

c Composition of Senate ; how elected; compensation (143-145).

d Composition of Assembly; apportionment; the state census; election;
compensation (143-145, 149-152).

e The Assembly at work : (i) Organization: (a) The Speaker: his elec-
tion; the party caucus; powers of the Speaker; in the appointment of com-
mittees; in his "recognition" of members; in his chairmanship of the
committee on rules; {b) The Clerk; (<r) Minor officers (144, 15;^, 154).
(2) Making a law; distinction between a legislative bill and a law (153).
{a) Safeguards against hasty and ill-considered legislation : Introduction
of a bill — its sponsor (153); Printing and publicity (154, 155, 157); The
three readings on three different days (153, 156); Reference to a com-

374 NEW YORK SYLLABUS hV CIVICS.

mittee that discusses, may amend and may give public hearings (153, 154-
155); Revision, if necessary, by special revision committee (156, note);
Report of bill by its committee to house; possible debate, amendment
and recommittal to original committee or some other committee (155-156).

Note. All legislative bills must pass both houses, each of which takes similar
precautions before it goes to the Governor, who may seek expert advice, and give
public hearings before making a bill a law by his signature.

(^) Legislative committees: majority and minority composition; the prin-
cipal committees; the great advantage of committees (154, 155). {c) Ma-
jority and minority leaders in the Assembly; advantages of this leadership
(153). {d) The Speaker and Clerk, their services (153, 154).

/ The Senate at work: (i) Organization: (a) The Lieutenant Governor
as presiding officer; his voting power; influence compared with that of
the speaker of Assembly; {b) The President pro tempore ; {c) The Clerk;
{d) Minor officers (144, 153, 154). (2) The course of a bill; similar pro-
cedure to that of the Assembly (157). Bills may originate in either house
\^see Constitutional limitation of right to originate money bills to lower house
in Congress], and from it pass to the other house (157, 281). Conference
committees where the two houses fail at first to agree on a measure (157).
[For course of a bill after it leaves the Legislature see powers of governor.]

g Legislative commissions : joint, or of either house, for investigating any
matter whatsoever within compass of state legislation (155).

h Powers peculiar to each house: (i) Assembly may present impeach-
ments of high state officials (161). (2) The Senate, with the justices of the
Court of Appeals, the court for trial of impeachments (161). The right of
confirmation or rejection of appointments by the Governor (161-162).

i Powers common to the two houses: In joint session to elect United
States senators (161, 276-277), and regents (170-171).

j General powers of the Legislature : Limited only by federal and state
constitutions; otherwise, may pass any law it pleases. Scope of state legisla-
tion therefore much more varied than that of federal legislation. (266-267.)

B. The state executive. — i. The Governor. Overshadowing impor-
tance of Governor; due to :

a His share in legislation, as shown by : (i) Regular and special messages
to the Legislature (167). (2) Power to call special sessions of Legislature
which have the right to deal only with measures indicated in special call
(166-167). (3) Power over a bill which has passed the Senate and Assem-
bly: three ways in which a Governor may treat a bill; the power to veto
single items of an appropriation bill (157-158).

NEW YORK SYLLABUS IN CIVICS. 375

h His executive powers as shown by : (i) Appointment of a large number
of administrative officials and boards charged with the duty of carrying out
the laws of the state — 18 such departments, the more important of which
are: {a) Commissioner of Excise; (Ji) Civil Service Commission; {c) Com-
missioner of Labor; (a') Public Service Commissions, one for metro-
politan district, one for remainder of state; {/) Superintendent of Banks;
(/) Superintendent of Insurance (170, 173-175). (2) Power of removal of
certain state officers with consent of the Senate (168, 170); and of certain
county and city officers independently (70, 73, 88). (3) Control of the militia
(171). (4) Power to assign justices to special duties (196). (5) Power to
fill vacancies in certain judicial, county and state offices (170) and to appoint
a United States senator to a vacant seat pending election (277).

c His judicial powers as shown by : Right of reprieve, commutation and
pardon. (Boards of pardon in some other states.) (167.)

2. Elective executive officials: Governor, Lieutenant Governor, Secretary
of State, Comptroller, Treasurer, Attorney General, State Engineer and Sur-
veyor. Election, term (166, 167, 168); general duties (167-170); removal
by impeachment (161). Executive power of the state divided, or in com-
mission, because these elective officials may be of different parties. Lesser
officials independent of Governor; in no sense a cabinet; advantage or dis-
advantage of this arrangement (175-176).

3. The State Education Department, a The Education Department em-
braces in its jurisdiction the entire field of educational supervision and ad-
ministration. It is governed by a Board of Regents and a Commissioner of
Education. The Commissioner of Education appoints three assistant com-
missioners each of whom has charge respectively of higher, secondary and
elementary education. Statutory provisions in regard to education and state
appropriations for educational purposes are, of course, made by the Legisla-
ture but numerous legislative powers over matters of detail are delegated to
the Board of Regents, and full executive and administrative powers are
intrusted to the Commissioner of Education both by the Legislature and by
the Board of Regents. The Commissioner of Education also acts as chief
judicial officer in all questions of law pertaining exclusively to the public
school system.

b The Board of Regents, (i) How constituted : number; choice; term
of office; when established; original purpose (210). (2) Duties: {a')
Confirmation of appointments ; {!>) Granting of charters ; {c) Visitation and
examination ; (^) Care of the State Library and the State Museum ; (er)
Care of public libraries and educational extension ; (/) Supervision of aca-
demic and professional degrees (210, 211).

376 NEW YORK SYLLABUS IN CIVICS.

^ The Commissioner of Education, (i) How chosen (211). (2) Duties:
{a) Appointment of subordinates ; (<J) General supervision of schools, school
officials and educational institutions ; (r) Distribution of state appropriations
for education ; (^d) Judicial powers, original and appellate : interpreting
school laws; deciding appeals (211, 202, 207, 209).

C. The state judiciary. Has jurisdiction in cases beyond the power of
inferior and county courts, and on appeal from such. i. The Supreme Court;
judicial districts; election of justices; their number and term (194). 2.
Appellate divisions of the Supreme Court ; number ; how justices are assigned
to each (196). 3. The Court of Appeals; judges; their election, number
and term; jurisdiction (197). 4. The Court of Claims ; constitutional reason
for it (199).

IV. Instruments of Government. — A. Finances, i. State budget :
expenses for a State administrative departments ; b The Legislature ; c The
Judiciary ; d Prisons ; reformatories ; e Charity ; / Education ; g The
militia; A Public works (160). 2. Revenues, from taxes on : a Organiza-
tion of corporations ; b Current business of corporations ; c Inheritances ;
d Transfers of stocks ; e Liquor traffic ; / Property (219-220). Latter very
slight in New York state ; required by Constitution to meet state debt.
Favorable position of New York state in matter of property tax ; reasons.
How apportioned and collected. (220, 214-219.) 3. The state debt (222).
Revenues sufficient for ordinary expenses (219).

£. State control of elections. All elections, even of federal officials,
under state law (233, note). i. The franchise; meaning of suffrage;
who may vote; disqualifications (135-139), 2. Election districts (229-230) :
a The state one district for federal officials ^ and for major state officials ;
b Congressional ; c Judicial ; d Senatorial ; e Assembly ; ^ / County ;
g School commissioner ; h Village ; i School district ; j City; k Borough ;
/ Aldermanic ; Pupil's district for each of above elections (237, 279, 195, 148,
66). 3. Time of election in each of above districts; Reasons for separating
local elections as far as possible from state and federal elections (230, 235,
15, 36, 47, 204). 4. Nominations : party organization in election districts;
the leader ; the primary ; party enrollment at registration ; the direct primary ;
nomination by petition ; the ascending scale of committees and conventions ;
party platforms (227-229, 236). 5. Registrations ; why more important in
cities than in rural districts (230). 6. Voting : the polling places ; prepara-
tion of the ballots ; form of ballot ; reasons for secret ballot ; marking the
ballot ; straight ticket ; split ticket ; election officers at the polls ; challeng-

* Presidential electors.

NEW YORK SYLLABUS IN CIVICS. 377

ing a vote ; demand for a shorter ballot ; the Massachusetts form ; voting
machines (230-232, 235). 7. Countiiig the vote; disposition of ballots;
canvassing the votes; certificates of election (233). 8. Majority and plu-
rality; practice of this state ; of other states (233). 9. Election expenses ;
how far legitimate ; sworn statements by candidates ; campaign funds ;
publicity; how raised ; for what used (234-235). lo. Bribery; viciousness
of; laws against (234).

V. Comparison of State Governments. Newer state constitutions tend
to become much more extensive than those of older states (Oklahoma an
extreme case). Reason for this ; distrust of state Legislatures. Wide di-
versity of laws in the 46 states ; evils of this ; the newly formed and extra-
constitutional " House of Governors," an attempt to lessen this evil. (159.)

THE FEDERAL GOVERNMENT (238-322).

The Constitution of the United States at the time of its adoption embodied
the political wisdom of the ages. More profoundly, perhaps, than any other
political document, it has influenced the world at large. It is the govern-
mental framework of a mighty and growing world power. It has stood the
test of time and " the shock of civil war." During the 19th century the world
changed its modes of life and business more, it may be, than in all the historic
centuries preceding; but so adaptive is the Constitution of 1789, that only a
few of its minor provisions, to be amended in the right time and in the
right way, may be questioned. Such a constitution is worth living under,
worth dying for, and eminently worth studying. It should be studied as his-
tory in its proper sequence and in its fundamental relations, for only thus can
the growth of the United States into a great political power be understood.
The Constitution should be studied a second time as civics, as the guide and
supreme law of present national life.

I. The Constitution of the United States. — A. Its authority and
purposes as disclosed in the preamble (337)- B. Its general scope and
limitations [^see specially art. I, § 8, last paragraph and amendments IX and
X] (340 paragraph 18, 345, 346). C. Creations of the Constitution;

I. The legislative department : the two houses (337) ; the duties prescribed
for each house (338, 339) ; the special privileges and disabilities of the mem-
bers of each house (339). a The House of Representatives : (i) Its mem-
bers: qualifications; terms of office ; distribution; mode of election (337);
(2) Special powers of the House (338, 339). b The Senate : (i) Its mem-
bers : qualifications; term of office; distribution; mode of election (338);
(2) Special powers of the Senate (338, 342). c The method of lawmak-

378 NEW YORK SYLLABUS IN CIVICS.

ing (339). d Powers granted to Congress : peace powers (339-340> 343» 344»
346, 347); vvar powers (340); implied powers (340). e Prohibitions on
Congress guarding (i) personal rights (341, 345), (2) state rights (341,
346), (3) public credit (341, 344, 347), (4) the democratic ideal (341, 345) »
(5) religious freedom (345).

2. The executive department: a The President: qualifications (342);
term of office (341); mode of election : (i) original (341, 291, note), (2) as
fixed by amendment XII (346). b Powers and duties of the President:
executive (342-343); legislative (339, 342); judicial (342). «: The Vice
President : qualifications (same as those of president, 342) ; term of office
(341); mode of election: (i) original (341, 291 note), (2) as fixed by
amendment XII (346). d Duties of the Vice President (338, 342).

3. The judicial department : ^ The Court of Impeachment (338). /J The
Supreme Court : (l) The judges, how appointed (342); number and salary,
how determined (343, 340 paragraph i8); (2) Jurisdiction: original; ap-
pellate (343). c Inferior courts, how provided (340, 343).

D. Prohibitions on state Legislatures (341, 346, 347). E. Guarantees to
the states (344). F. Guarantees of personal rights (345, 346). G. The
formation and admission of states (344). H. Provisions for amendments:
how proposed, two methods; how ratified, two methods (344). /. Miscel-
laneous provisions: definition of treason; the debts of the Confederation;
the oath of office (343, 344). /> The supremacy of the Constitution (344).

II. The Federal Government in its Relations with the People.
Delegation to the federal government by " the people of the United States "
of such powers as they judged to be essential for the establishment of a nation.
Control of the people by ihe federal government direct, not through the
states, save in the case of elections (252-255). Contact of the citizen with
federal activities :

A. Most obvious of these in everyday life: i. The currency (8, 262-263).
2. The postal service (8, 262, 290).

B. Less obvious: i. Taxation: {a) Duties on imported goods; with
incidental effect on price of domestic goods (214). {F) Internal revenue;
on liquors, tobacco etc. (214). 2. Control of interstate commerce; railway
rates; pure food laws (261).

C. Still less personal, but with the possibility of affecting the individual at
any time, the control of the federal government over : i. All foreign relations
(257). 2. War and peace; the necessary army and navy; treaties, commer-
cial and other (258, 286, 287). 3. Patents and copyrights (263). 4. Stand-
ards of weights and measures (conformity with these, however, a matter

NEIV YORK SYLLABUS IN CIVICS. 379

of state regulation) (263). 5. Naturalization (135-137). 6. Bankruptcy
(261). 7. Property rights through interpretation of the Constitution by the
courts as applied to acts of Congress and of state Legislatures (296).

III. The Organization of the Federal Government. As in the state
and its subdivisions the three great departments are required: legislative,
executive, judicial. Clearer separation of these in the United States than
m most other nations; comparison with Great Britain. (275.)

A. The legislative department, i. The organic law^: The Constitu-
tion : how adopted (248-249) ; Amendments to it [for " unwritten Constitu-
tion" see VII] (268-271, 291). 2. The Congress: two houses (275) :

<z The House of Representatives : number; qualifications; election; term*
compensation; apportionment to states; the federal census; representatives
at large. House represents national idea. (278-280.)

b The Senate: number; qualifications; election; term; compensation;
vacancies, how filled. Senate represents federal idea. Demand for popular
election of senators : its practical accomplishment in certain states (276-277,
280).

c The House of Representatives at work: (i) In the main the outline of
the methods of the Assembly of the state of New York will be a sufficient
guide, but requiring special attention are : (2) The power of the Speaker,
making him a figure of national importance second only to the President
(282); (3) the rules of the House; "filibustering"; " Leave to print " (283) ;
(4) The names and functions of the more important committees (281-282).

</ The Senate at work: (i) The relative dignity of the Senate (283).
(2) "The courtesy of the Senate" (285). (3) The more important com-
mittees and their functions (281-282). (4) The leader of the majority (283).

e Special powers of the House: (i) Origination of all money bills;
largely overridden by free power of amendment in the Senate (281).
(2) Presentation of impeachments (292).

/Special powers of the Senate: (i) Ratification or rejection of presi-
dential appointments; Executive session (284). (2) Trial of impeachments;
procedure in impeachment in President (292). (3) Ratification of treaties
(284, 287).

, g General scope of powers of Congress : Closely limited by the Constitu-
tion (255), but Effect of "the elastic clause" ; what it is; how its interpre-
tation affects federal legislation (266). Enumeration of powers: [j^^ art. i,
§ 8 of the Constitution] (255-266, 339-340).

B. The executive department, i. The President and the Vice Presi-
dent; their nomination (228, 300); qualifications (286); election (291);

38o NEW YORK SYLLABUS IN CIVICS.

procedure in case of failure to elect (291-292); ihe electoral college, its
functions, departure of college from original idea {see unwritten Constitution]
(291, 3CX)); term of president, discussion of its length, reelection [unwritten
Constitution] (286, 3CX)); compensation (286); law fixing the right of
succession to presidency (292) ; Functions of the President :

a Legislative, as shown by: (i) Messages, annual and special (287).
(2) Summoning of extra sessions (287). (3) Power of veto; Compare
with that of Governor: Can not veto single items; "riders" (283-284).
(4) Party leadership; control of legislation through appointing power and
through popular support (301).

b Judicial, as shown by: (i) Reprieve, commutation, pardon (286).
• c Executive, as shown by: (i) Duty to enforce all federal laws (286);
(2) Command of army, navy and militia in federal service in time of
war (286); (3) Power to negotiate treaties (287); (4) Appointment and
reception of ambassadors and ministers (287); (5) Appointment of
federal administrative officials; officers of army and navy; postmasters; and
especially of heads of executive departments, collectively known as the
Cabinet (286, 288); (6) Appointment of United States justices (293-294);
(7) Appointment of commissions, standing and occasional; interstate com-
merce; growing importance; tariff commission (291, 260-261).

2. The Cabinet, a Development of the Cabinet as a body of presi-
dential advisers. Term "cabinet" unknown to Constitution; may advise, can
not control president. Importance of their selection; their removal from
office. Not members of Congress; contrast with British, French and German
systems (301). b Personnel and functions of the Cabinet; the departments
of the Cabinet and the services rendered by each (288-290).

C. The FEDERAL JUDICIARY: I. The Supreme Court; authorized in Con-
stitution; dignity of; when it may adjudicate upon the constitutionality of an
act of Congress; its composition and appointment (293-296). 2. Circuit
Courts; number; the justices; appointment; number (293-295). 3. District
Courts; number; the justices; appointment (293-294). United States dis-
trict attorneys and marshals (296). 4. Qasses of cases under jurisdiction of
federal courts (293-296).

IV. Federal Finances: Instruments of Government. — A, Revenues,
from: (i) Customs; (2) Internal revenues; (3) Sale of public property (298),
B. Expenditures, for: (i) Various administrative departments of govern-
ment, (2) Army, (3) Navy, (4) Post office — nearly self-supporting, (5) Pen-
sions, (6) Indians, (7) Public works, (8) Redemption and interest of public
debt (298). C The public debt: (i) Amount; how created; how met;
(2) Comparison with foreign debts (298-299, 259-260).

NEW YORK SYLLABUS IN CIVICS. 3S1

V. Review of Federal and State Powers. — A. Powers vested in fed-
eral government only (256-263). B. Powers vested in states only (266).
C. Concurrent powers (256). D. Powers whose exercise is forbidden to the
federal government (267-270). E. Powers whose exercise is forbidden to
the states (270). F. Powers reserved to the people, and exercisable only by
the process of constitutional amendment (126-130, 254, 255, 267-270). G.
Under what conditions the federal government may be called upon to protect
a state against domestic violence (271). H. Guarantee to each state by the
federal government of a republican form of government (271).

VI. Supremacy of Federal Government. — A. State may not contravene
United States law or treaty (254-255). B. Fourteenth amendment to Con-
stitution; decides first as to what constitutes federal citizenship; state citizen-
ship dependent on federal; naturalization a federal function (299, 135). C
Citizen's allegiance not divided; but double; primarily to the United States
(299).

VII. Gro\vth or Development of Government seen in: A. Amend-
ments. B. The unwritten Constitution; Ours theoretically a strictly written
Constitution; contrast with unwritten Constitution of the United Kingdom of
Great Britain and Ireland (115, 299-300). Precedents which have hardened
into unwritten constitutional provisions in the United States: (ij The func-
tions of the electoral college ; (2) Incumbency of presidency limited to two
terms ; (3) Possibility of House of Governors becoming such a precedent
(300).

VIII. Comparison of the British Cabinet System with the Presi-
dential System of the United States. — A. Place of the titular executive
in each system: President real executive in the United States; Sovereign
nominal executive in Great Britain; Cabinet really in control; question as to
which system yields greater efficiency; difference in prompt compliance with
popular will; possibility of antagonism between the executive and the legisla-
tive departments in each system (318, 319-320). B. Comparison of the gov-
ernment of the United States with that of other nations (317-320) : The
United States a federal republic; Switzerland and Mexico; Meaning of re-
public; Meaning of federal; Diflference from confederation (319, 320, 244).
I. Centralized republic — France (320). 2. Aristocratic government; No
existing example (318). 3. Monarchy: a Absolute; Found now only among
obscure peoples (317). b Limited; The United Kingdom of Great Britain
and Ireland; the German Empire (317-318).

Index

Accused persons, rights of, 128, 129, Assembly, State, 143-157,

179, 180, 184,345,349.
Aeldorman, 84.
Agent, 327.

Agriculture, commissioner of, 1 70, 1 74.
Agriculture, department of, 290.
Aldermen, city, 47-48 ; (N.Y.), 68-70,

74-
Aliens, 136.

Ambassadors, 287, 307, 308.
Amending constitution, 120, 271.
Amendments to Constitution of United

States, 268-271, 291.
Anti-Trust law, 261.
Appeals, 187.
Appeals, Circuit Court of, United

States, 295.
Appeals, State Court of, 197, 359.
Appellate division, 196.
Apportionment of representatives,

278.
Apportionment of State senators and

assemblymen, 149-152.
Arbitration, 314-315.
Arbitration and mediation, board of,

175-

Aristocracy, 318.

Arraignment, 184.

Arrest, 178.

Articles of Confederation, 243-246,

252-253.
Assembly, colonial, 106-1 10, 239.

composition of, 143-145.
cgnstitutional provisions, 351, 353,

354.

districts, 151-152.

officers of, 144, 153.

powers, 157, 161.
Assessment, 215-217.
Assessors, city, 49, 51, 216, 217.
Assessors, town, 23, 27, 216, 217.
Assessors, village, 37, 38.
Attainder, bill of, 267.
Attorney, city, 49.
Attorney-general, State, 168, 169.
Attorney-general, United States, 290,

288, 301.
Auditors, city, 49.
Australian ballot, 232.

Bail, 180, 128, 269.
Ballots, official, 230-233.

proposed reform, 235.
Banknotes, 221.
Bankruptcy, 261-262.
Banks, 221-222.

inspection of, 8, 173.
Banks, superintendent of, 170, 173,

221.
Belligerency, 310, 316.
Bill, defined, 153. See Lawmaking.
Bill of rights, 1 24.
Blockade, 313.

382

INDEX

383

Bonds, 259.

Boroughs, English, 44.

Boroughs of New York City, 65, 73.

Bribery, 234, 364, 365.

Building and loan associations, 221.

Building laws, of cities, 56.

By-laws, 12, 35.

Cabinet, of Great Britain, 318, 319.

Cabinet, President's, 288, 301.

Canals, State, 223, 358, 361.

Canvassers, boards of, 233.

Capital offense, 180.

Caucus, in legislature, 153.

Caucus, primary, 227.

Census, State, 149, 353.

Census, United States, 278, 290, 337,

Chamberlain, city of New York, 72.

Charge, judge's, 186.

Charities, State board of, 170, 175,

362.
Charter, colonial, 116-117.
Charter, village or city, 35, 43, 65.
Charter of Liberties and Privileges,

108.
Circuit courts, 294-295.
Citizens, 135-137. 343. 34^, 347-
Citizenship, 299.
City, 42-79.

charter, 43; (N.Y.), 65.

classes of, 47, 364.

courts, 49; (N.Y.), 76, 78-

commission plan of government, 52.

debt limited, 50.

finances, 57-59.

needs of, 42, 54-57.

officers, 47-49, 51-52; (N.Y.),
68-78.

origin of, 43-46.

schools, 207-208.

City, second class, 51, 59.

special laws affecting, 50, 364.
City of New York, 62-78.
Civil rights, 131, 179.
Civil service, city, 48-49.
Civil service. State, 1 72-173, 358.
Civil service, United States, 288.
Civil suits at law, 190.
Claims, court of. State, 199.
Claims, court of, United States, 297.
Qerk, county, 88, 90, 181, 185.
Clerk, town, 17, 23, 25.
Clerk, village, 37, 2>^.
Codicil, 332.
Collector, town, 23, 27.
Collector, village, 37.
Collectors, city, 49.
Colonial government, 104-117, 239.
Commerce, regulation of, 260-261.
Commerce and labor, department of,

290-291.
Commerce court, 297.
Commission plan of city government,

52.
Commissioner of education, 202, 207,

209, 2U.
Commissioner of jurors, 90.
Commissioners, city, 5 1 ; (N.Y.), 73-75.
Commissioners, State, 170-175.
Committees, of Congress, 281-283.
Committees, of legislature, 153-156.
Committees, party, 227.
Common carrier, 326.
Common council, city, 47-48, 50, 51.
Common law, 131, 324.
Common school fund, 206.
Commutation of sentence, 167.
Compromises in constitution, 247-248.
Comptroller, city, 51; (N.Y.), 71-72.
Comptroller, State, 168, 169.

384

INDEX

Compulsory education, 208-209.
Concurrent powers, 256.
Confederate States, 253.
Confederation, of United States, 243-

246, 252-253.
Congress, Continental, 240-243.
Congress of Confederation, 244-246.
Congress, Stamp Act, 239-240.
Congress, United States, 275-285.

committees of, 281-283.

composition, 275.

meetings of, 275, 280, 338.

powers of, 255-271, 284, 339-340.

See Senate and Representatives.
Congressional districts, 278-280,
Congressmen, 277, 280, 285.
Constables, 23, 26, 193.
Constitution, English, 115.
Constitution, State, 349-365.

amending, 120, 365.

framed, no, 118.

origin of, 114-118.

parts of, 119.
Constitution, United States, 337-347.

amending, 271.

amendments to, 268-271, 291, 299.

origin of, 246-249.

ratified, 249.

supreme law, 254, 344.
Constitution, written and unwritten,

115,300.
Constitutional conventions, 118, 147,

247-249.
Constitutionality of laws, 1 91-192, 296.
Consuls, 287, 307, 308.
Continental Congress, 240-243.
Contraband of war, 312,
Contracts, 324-327.
Conventions, constitutional, 118, 147,
247-249.

Conventions, party, 228.

Cooperative control, 9.

Copyrights, 263.

Coroners, 91, 197.

Corporation counsel, city, 49, 51;

(N.Y.),72.
Corporations, private, 220-222.

taxed, 219, 298.
Corrupt practices act, 234.
County, 80-93.

debt limited, 50.

finances, 92.

officers, 86-92, 363.

origin of, 83-85.
County court, 90-91, 193, 360.
County government in New York City,

75-76.

County judge, 90-91, 193.

County seat, 86.

Courtesy of the senate, 285.

Courts, 179-192.

Courts, city, 49; (N.Y.), 76-78.

Courts, county, 90-91, 193.

Courts, justices', 192-193.

Courts, State, 194-199.

cases removed to United States
courts, 296.

Courts, United States, 293-297.

Courts, village, 38.

Courts of record, 197.

Criminal, rights of, 131, 179, 180.

Criminals, brought to justice, 178-188.

Cruel and unusual punishments for-
bidden, 128, 270.

Customs court, 297.

Customs duties, 214, 309.

Debate, freedom of, in legislature and

Congress, 160, 285.
Debt, city and county, 50.

INDEX

J85

Debt, State, 222.

Debt, United States, 298-299.

Declaration of Independence, 242.

Deed, 329.

Defendant, 190.

Democracy, 318.

Democratic government, 13.

Departments, city, 43, 5 1 ; (N.Y.), 71-

75-
Departments, executive, of United

States, 288-291.
Departments of government, 29, 141-

142, 275.
Despotism, 317.
Diplomatic officers, 307.
Disease, protection from, 7, 8.
District attorney, 88, 89, 181, 185.
District attorneys. United States, 290,

296.
District courts. United States, 294.
District of Columbia, 263.
District superintendent, 202-203.
Dower, 328.

Due process of law, 129, 187,
Duke's Laws, 107.
Dutch, 98-99, 104-107.

Education, board of, 206, 208 ; f^.Y.),

75-
Education, commissioner of, 202, 207,

209, 211.
Elastic clause, 266.
Election boards bipartisan, 351.
Election districts, 229-230.
Elections, city, 47, 68, 70.
Elections, school, 204.
Elections, State, 229-235.
Elections, town, 15-16, 23-24.
Elections, village, 36, 38-39.
Electoral college, 291, 300.

Embargo, 310.

Eminent domain, 129.

Employer and employee, 327.

Enabling act, 265.

Engineer, city, 51.

Engineer and surveyor. State, 168,

170.
Enrollment, party, 227, 228.
Equalization, boards of, 217, 219.
Escheats, 350.
Estates, 332.
Estimate and apportionment, board

of, 52, 59; (N.Y.), 72.
Excise, commissioner of, 170, 175.
Executive department, 29.

of State, 141-142, 165.

of United States, 275, 285.
Exports not to be taxed, 341.
Ex post facto law, 267.
Extradition, 271, 309, 343, 344.

Federal, defined, 244.

Felony, 184.

Fines, excessive forbidden, 128, 269,

Foreign relations, control of, 257.

Forest, fish and game commissioners,

170, 175.
Forest preserve, State, 223, 175, 361.
Franchise, voting, 134-139.
Franchises, in cities, 55; (N.Y.), 72,
Freedom, religious, 127, 268.
Freedom of speech, 130, 268.
French, in New York, loo-ioi.

Ga or gau, German, 83-84.
Gambling prohibited, 350.
Game, protection of, 175.
Gold certificate, 262.
Government, departments of, 28.
origin of, 320.

386

INDEX

Government,

representative and direct, 13.

work of, 7-9.
Governments, equality of, 317.
Governmental units, 8.
Governor, 165-167.

and other executive officers, 175.

appointments by, 170.

succession to office, 168.

veto powers, 157-158.
Grand jury, 1 81-183.
Greenback, 263.
Guardian and ward, 329.

Habeas corpus, 128, 267, 297; 341,

349-
Hague conference, 314-316.
Health, board of, village, 37-38.
Health, department of, New York

City, 75-
Health, State commissioner of, 170,

175-
Health officer, village, 37.
High seas, control over, 257.
Highway Commissioners, State, 170,

174.
Highways, superintendent of, 23, 25,

90.
" House of Governors," 1 59.
Houses, of legislative bodies, 143,

145. 275.
Hundred, the, 26, 83, 84.
Husband and wife, 328.

Impeachment, by State, 161, 198.
Impeachment, by United States, 292.
Indians, 290.
Indictment, 181-182.
Inheritance tax, 219.
Initiative, 146-147.

Injunction, 297.

Inspectors of Election, 23, 27, 230.

Insurance, 326.

Insurance, Superintendent of, 170, 173.

Insurance companies inspected, 8,

Interior department, 289.
Internal revenue, 214, 259.
International law, 306-317.
Interstate commerce, 260-261.

Joint stock companies, 328.
Judges, 199, 293-294. See Courts.

constitutional provisions, 343, 358-
360.
Judicial department, 29.

of State, 141-142, 178-199.

of United States, 275, 293.
Judicial districts, State, 194.
Jurors, 181, 185, 188.
Jurors, commissioner of, 90.
Jury, coroner's, 197, 198.
Jury in justice's court, 193.
Jury in State courts, 181-186, 191, 196.
Jury in United States courts, 296.
Jury trial, right to, 126-127, 269.
Justice, department of, 290.
Justices of the peace, 23, 27-28, 192-
193. 360.

Labor, commissioner of, 170, 175.
Land, rights in, 130.
Land office, commissioners of, 358.
Law, sources of State, 323, 324.
Law of the land, 126, 129.
Lawmaking, by the State, 153-158.
Lawmaking, by United States, 281-284
Lawsuits, 190-192.
Lease, 325, 331.
Legislative department, 29.

INDEX

387

Legislative department

of State, 141- 1 62.

of United States, 275-285.
Legislature, 143-162, 351-356.

committees, 153-156.

composition, 143-146.

distrust of, 159.

eligibility to, 152.

meetings, 143.

origin of, 143.

powers, 158-162, 170.
Libraries, 7, 8.

Lieutenant governor, 167-168, 144, 1 54.
Lighting plants, 39-40, 55.
Limitations, statute of, 325.
Literature fund, 206, 207.
Local government, 87.

importance of, 29.

Magna Charta, 1 14.

Majority, 233.

Mandamus, 297.

Manor, 20.

Mark, 19.

Marque and reprisal, 258, 313.

Marriage, 328.

Marshals, United States, 296.

Mayor, 48, 50, 51; (N.Y.), 70-71.

Messages, 167, 287.

Militia, 171, 259, 340, 363.

Ministers, to foreign countries, 287,

307, 308.
Mint, 262.
Misdemeanor, 184.
Monarchy, 317.
Money, 262-263.
Mortgage, 330, 331.
Municipal corporation, defined, il.
Municipal ownership, 39-40, 55.
Mutual aid associations, 328.

National Guard, 1 71.

Naturalization, 136-137, 340.

Navigation laws, 260.

Navy department, 289.

Neutrals, rights and duties of, 31 1-3 13.

New York City, 62-79.

New York State, see State.

NicoUs, Col. Richard, 107.

Nobility, title not to be granted, 341.

Nominations, 228-229.

Noncombatants, 310.

Normal schools, 207.

Oath of office, 234, 344, 364.
Officers, public, table of, 366-368. See

Town, City, County, State, etc.
Overlapping powers, 297.
Overseers of the Poor, town, 23, 26.

Pardon, 167, 286.

Parents and children, 329.

Parish, 20.

Parks, city, 49» 57 5 (N.Y.), 74.

Parties, political, 226-229.

Partnership, 327.

Passes, prohibited, 365.

Patents, 263.

Patroons, 105.

Peace, justice of the, 23, 27-28, 192-

193, 360.
Pensions, United States, 290, 298.
Perjury, 188.
Persona non grata, 308.
Personal property, 329, 215.
Personal rights, 1 23-1 31, 179, 323-

334.
Petition, right of, 130, 268, 345, 350.
Piracy, 258, 340.
Plaintiff, 190.
Plea, 184.

388

INDEX

Plurality, 233.

Pocket veto, 284.

Police, 42; (N.Y.), 73-

Police justice, village, 38.

Political parties, 226-229.

Political year, 363.

Poll clerks, 230.

Poor, care of, 26, 57, 90.

Posse comitatus, 89.

Postmaster -general, 290, 288, 301.

Post Office, 262, 290, 298.

Post Office Department, 290.

Powers, division of, 255-256, 266.

Preliminary steps, 7.

Presentment, 183.

President, United States, 283-288.

appointments by, 286.

cabinet, 288, 301.

election of, 291-292, 300, 346.

messages of, 287.

succession to office, 292.

term of office, 286, 300.

veto power, 283-284.
President, village, 37.
Previous question, 283.
Primary, 227-229, 236.
Principal and agent, 327.
Prison labor, 356.
Prisons, superintendent of, 170, 173,

358.
Private enterprises, not to be aided by

governments, 222.
Private laws, forbidden, 159.
Privateers, 313.
Prizes of war, 311, 313.
Probate court, 91.
Promissory notes, 333.
Public Service Commissions, 170, 174.
Public works, superintendent of, 170,

173-

Punishments, cruel, 128, 270.
Puritans, 99-100.

Quorum, in Congress, 338.
in legislature, 144.

Railroads, control of, 174, 261.

Real estate, 329-332.

Reciprocity treaty, 257.

Record, courts of, 197.

Reeve, 20.

Referendum, 146-147.

Regents of the University, 210, 211,

Register of deeds, 90.
Registration, 138, 230, 351.
Religious freedom, 127, 268, 344, 345.
Representation, ratio of, 149, 151, 278.
Representative government, 13.
Representatives, House of, 275.

election of, 278-280.

powers of, 283, 284-285, 292.
Reprieve, 167, 286.
Republic, 319.

kinds of, 320.
Revenue bills, 281.
Revolution, 238-243.
Rights, 123-138, 179.

civil and political, 131.

criminal may lose, 131, 132.

of accused persons, 128, 129, 179,
180, 184.

retained by the people, 271, 345.
Right to vote, 134-139.
Roads, 7-10, 25-26.

Salaries of public officers, 266-268,
Sale, contract of, 325.
School commissioner, 202.
School district, 202-206.

INDEX

389

School district,

meeting, 204, 205.

officers, 205, 206.
School moneys, 206, 207, 362.
School tax, 205.
School teachers, 208.
School trustee, 205-206.
Schools, 201-21 1.

free, 201, 362.

money for, 206-207.
Schools, normal, 207.
Schools, superintendent of, 202, 208.
Searches and seizures, 269, 345.
Secretary of agriculture, 290, 288, 301.

of commerce and labor, 290, 288,
301.

of state. State, 168-169.

of state, United States, 288, 301,
292.

of the interior, 289, 288, 301.

of the navy, 289, 288, 301.

of the treasury, 289, 288, 301, 292.

of war, 289, 288, 301, 292.
Sectarian schools not to be aided, 362,

363.
Senate, State, 143-157.

composition, 143-145.

constitutional provisions, 351-354.

districts, 149-15 1.

officers of, 144, 153, 154.

powers, 157, 1 61-162, 168, 170.
Senate, United States, 275-276.

elections to, 276-277.

powers of, 283, 284, 281, 292.
Sentence, 186-187.
Sewers, 53, 54.
Sheriff, 88-89.
Shire, English, 83, 84, 165.
Silver certificates, 262.
Sinking funds, State, 361.

Slavery, 270, 346.

Sovereignty, 95, 96.

Speaker, of Assembly, 144, 154, 168.

of House of Representatives, 278,
282-283.
Special sessions court, 192.
Speech, freedom of, 130, 268.
Stamp Act Congress, 239-240.
State, defined, 238.
State, department of, 288.
State (New York), a municipal cor-
poration, 94.

activities and duties of, 96-97.

congressional districts, 279, 280.

constitution, see Constitution.

executive officers, 165-176.

finances, 160, 219-220, 222.

judiciary department, 1 78-199.

legislature, 143-162.

origin of, 98-1 1 1.

powers of, 97, 266, 270, 323.

relation to nation, 238, 252-256,
266, 271.

relation to smaller units, 95-96.

sovereignty of, 95-96.
States, admission of, 265.

relation to nation, 238, 252-256,
266, 271.
Statutes, 191, 360.
Street commissioner, city, 49.
Street commissioner, village, 37, 38.
Streets, city, 53-56.
Stuyvesant, Peter, 105-106.
Suffrage, 1 34-1 39-
Summons, 190.

Superintendent of banks, 170, 173,221.
Superintendent of highways, town,

23. 25.
Superintendent ot highways, county,
90.

390

INDEX

Superintendent of insurance, 170, 173.
Superintendent of public works, 170,

173-
Superintendent of schools, 202, 208.
Superintendent of State prisons, 170,

173-
Superintendent of the poor, county,

88,90.
Supervisor, town, 23, 24-25, 181.
Supervisors, board of, 86-87, 356.
Supervisory districts, 202-203.
Supreme Court, of United States,

293-296.
Supreme court, State, 194-196.
Surrogate, 91, 198, 360.

Tariff, customs, 214, 309.

Tax, city, 58-59.

Tax, school, 205.

Tax, State and local, 214-220.

Tax, United States, 259, 267, 268, 214.

Tax commissioners, 170, 174, 219.

Taxation, 213-220, 58, 59, 205.

direct, 214, 259.

indirect, 214, 259.

without consent, 238-240.
Teachers, 208.
Territory, 264-265, 344.
Title of nobility not to be granted, 268.
Town, 10-32.

officers of, 23-28.

origin of, 18-21, ii.

relations with county, 87, 88.
Town board, 28.
Town meeting, 11-23, 29-30.

powers of, 16.

time of, 15.
Travelers, rights of, 309.
Treason, 167, 343.
Treasurer, city, 49, 51; (N.Y.), 72.

Treasurer, county, 88, 89.
Treasurer, State, 168, 169, 167.
Treasurer, village, 37, 38.
Treasury, United States, 289.
Treasury notes, 263.
Treaties, 287, 308, 257.
Trial jury, 184-186.
Truants, 209.

Trust companies, 221, 173.
Trustee, school, 204-206.
Trustees, village, 36-37, 38.
Twelve Select Men, 105.

Union free school district, 206.
United States, 238.

Congress, 275-285.

Constitution, see Constitution.

courts, 293-297.

executive officers, 285-292, 300, 301.

finances, 298-299.

nature of government, 96, 252-255.

origin of, 239-247.

powers of, 255-271,

sovereignty of, 96.

territory, 264-265.
United States Deposit Fund, 206-207.
University of the State of New York,

Venue, change of, 186.
Verdict, 186.
Vestry meeting, 20.
Veto, by mayor, 48, 70.
Veto, governor's, 157-158.
Veto, President's, 283-284.
Vice President, 276, 283, 291.
Village, 33-41.

charter, 35.

classes of, 35.

needs of, 34.

INDEX

39it

Village, officers, 36-38.

part of town, 34.

questions for, 39-40.
Voting, 226, 232; see Elections.

duty of, 53, 139.

right of, 134-139-
Voting machine, 235.

Walloons, 100, loi.
War, provisions of international law,
310-314.

War department, 289.

War powers, 258, 286.

Ward, city, 47.

Ward and guardian, 329.

Warrant, 179.

Waterworks, 39-40, 55.

Washington, first President, 249.

West India Company, 104-106.

Will, 332, 198.

Women may vote, when, 38, 204, 140.

Worship, freedom of, 127, 268,

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