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VV7 VV4S

TRANSACTIONS

OF THE

WISCONSIN ACADEMY

OF

SCIENCES, ARTS, AND LETTERS

VOL. XII, &ss?m

WITH ONE PLATE

EDITED BY THE SECRETARY

Published by Authority of Law.

MADISON, WIS.:

Democrat Printing Compa^v State pRINTER

TABLE OF CONTENTS.

VOL. XII, PART J.

PAGE.

The meaning and function of thought connectives,

Edward T. Owen, 1

The fee system in the United States, Thomas K. Urdahl ,

Part I — Historical review of fee systems . . 49

Part II — The present fee system in the United States, 154
Analytical table of contents ..... 243

The duration of school attendance in Chicago and Milwaukee,

Daniel Folkmar , 257

Plate I — Diagram A — Showing what per cent, of the
population leave school at each grade . . 262

Railroad land grants . . . John Bell Sanborn , 306

An historical note on early American railways,

Charles H. Chandler, 317

On some differences between private and public business,

Ernest Bruncken, 325

Early general railway legislation in Wisconsin, 1853-1874,

Balthasar R. Meyer, 337
The relation of motives to freedom, Edward H. Merrell, 389

ERRATA.

Page.

49.

51.

67.

69.

71.

77.

78.
121.

130.

174.

179.

195.

Insert “Part I. — Historical Survey of Fee Systems.”
Footnote 1. Transfer the second quotation marks to the
preceding line, following “ from them. ”

Insert “A” before “Greece.”

Insert “ B ” before “Rome.”

Line 9 from foot. For “ ripiticus ” read “repaticus. ”
Line 12. For “counties” read “countries.”

Line 6. After “ 1815 ” read “ it.”

Line 9. Transfer “ more or less ” to line 10 following
“ were. ”

Line 17. Strike out “and other improvements.”

Line 30. Following charter, for “ of ” read “ or. ”

Line 6. Following “ official ” insert a comma.

Footnote 1. Com’r of Ins. For “$33,683.40 ” read
“$13,683.40. Com’r of Agr. For “3.20” read “5.20.”

THE MEANING AND FUNCTION OF THOUGHT-
CONNECTIVES.

The present investigation would naturally cover all species of
that grammatical genus known as conjunctions. For the pres¬
ent, however, the writer is prepared to treat those words only
which smooth the passage from one statement to its successor.
Even this limited effort, further confined to the English lan¬
guage, seems to require a quasi-apology.

Thought-connectives are presented in some detail by grammar.
They form a considerable part of the arsenal of rhetoric. They
are in logic the back-bone of syllogistic reasoning. Psychology
notes them as the expression of perhaps the highest states of
consciousness. There will surely rise the question : “Why thrash
old straw?”

It may be answered in general that this straw has indeed been
forked over and pitched about a great deal, but has been put
to very little genuine thrashing. Some grain has been knocked
out and a great deal of chaff; but the most and the best of the
kernels remain.

It is claimed in particular that the thought-sciences have, so far
as might be, ignored language, neglecting the vast repertory
of thought-methods, true and false, of which language is the
register. On the other hand the most successful later effort of
linguistic science has confined itself to verbal form. The bril¬
liant achievements in this field have blinded the workers and
their watchers to the existence of other fields. It is charged
indeed, with more or less plainness, that language-study has
well-nigh forgotten that language is after all but the expression
of thought.

To a limited extent it is rational to insist on the analogy be¬
tween the special language of mathematics and the general

2 Owen — Meaning and Function of Thought- Connectives.

language of daily life. And what, it may be asked, would be
said of mathematicians, if they neglected quantity and number —
if they confined themselves to the history of plus and minus or
to the comparative study of these symbols in their use by
different peoples?

The importance of such investigation is, doubtless, in general
language greatly increased. But that which general language
stands for is also greater than that which mathematical symbols
stand for. If then the special language of mathematics must
not eclipse the special thought expressed, so also the student
of general language should keep in view the general thought
of humanity. Thought-study and word-study are two treat¬
ments of the same problem. It is in these days required that
each shall use the aid of the other.

Judged by this commandment of the new linguistics, philol¬
ogy has left undone some things which, as linguistic leader, it
ought to have done. Grammar has done much that it ought not
to have done. Its blind have followed its blind with unfaltering
constancy. The pitiful confusion of this pseudo-science offers a
convenient introduction to the present subject in the following
quoted definitions: “ To be is the copula;” “To seem is a
copulative verb; ” “ And is a copulative conjunction; ” “ Or is a
disjunctive conjunction.” Of this absurd crescendo the last
term, “the disjunctive conjunction,” is specially noteworthy.
This no doubt is that long-mourned offspring of classic imagi¬
nation, the “ lucus a non lucendo. ” “ Or ” is ranked as a joiner

because it disjoins. Again the meaning of a copulative con¬
junction depends upon the meaning of a copula. But upon the
latter there is, in grammar, no consensus ; on the contrary there
is conspicuous disagreement.

A single case of such confusion on the part of those in lin¬
guistic authority might warrant a break for liberty. Nor is
precedent wanting. Chemistry and astronomy broke loose from
alchemy and astrology. Even during the present generation
almost every science has changed its data, its methods and its
terminology. With such tendencies it would be surprising, if
the spirit of the time endured much longer the absurdities per¬
petrated centuries since by men of scholastic bias, often backed

Expression of Thought.

3

by no proper knowledge of more than a single language. In
fact a new linguistic effort has begun. Warned by the failures
of grammar, it strives to be intelligible. Taught by the over¬
sight of philology, it aims at greater completeness.

PART I. DEVELOPMENT OF THEORY.

The following discussion is largely put in the first and second
person, for the sake of a little gain in objectivity. It takes up
in turn the judgment, the nature of its elements and their bear¬
ing one upon another. It shows how language on the one hand
names these parts and on the other indicates their mutual bear¬
ing. Alongside of this naming and this indicating it admits
the occurrence of irrelevant elements. Having thus mapped out
the lingustic field, it seeks to find in it the proper place for the
connective.

I. EXPRESSION OF THOUGHT.

LANGUAGE SYMBOLIZES JUDGMENTS.

I begin with the judgment, because the aim of language is
obviously to express a mental total of no less completeness. I
may indeed, by uttering a single word, arouse in your mind
the idea which it names. Also you may infer, unless I falsify,
that the idea is in my own mind. I may for instance rouse you to
think of a chimney and to the opinion that I am thinking of
the same. But this involves some effort on your part as well
as my own ; and plainly the game is not worth the candle.

Nor is it enough for you to know that two or more ideas are
together in my mind. Every such combination is in a way a
mental experiment, a sort of mental tasting of a mental mix¬
ture. To carry out the suggested comparison, suppose you
taste in my presence an unfamiliar fruit. It is of no great in¬
terest to me to know that you have it in your mouth. What
might be useful to me is to know whether you like it; and this I
might learn from the expression of your face. So too,
when you taste a mental combination, my gain for the most
part lies in knowing how the combination affects you. In my

4 Owen — Meaning and Function of Thought- Connectives.

knowledge of such affects lies also your own greatest gain.
Your ability to inform me of your personal attitude toward
your own ideas and combinations is the basis of my ability to
serve you. I must know not merely that you are thinking of
something; I must also know that something as liked or dis¬
liked, feared, hoped or desired, believed, doubted or disbelieved.

In the linguistic beginning was, likely enough, the desire.
It is at least quite in the line of evolutionary principles to con¬
ceive the development of language as aided by the survival of
the fittest. And he no doubt was linguistically fittest who
could tell what he wanted. To this primitive power time has
added the ability to express the other personal attitudes; and
now it may be said that the purpose of language is in general
to express the speaker’s personal attitude toward an idea or
combination.

Something of this personal attitude all agree to find in the
judgment. To form a generally acceptable definition of this
thought-form is however hardly practicable — still less so to reach
an agreement as to how far the sentence is confined to judg¬
ment-expression. It is however unnecessary to do either. Some
forms of thought are recognized by all as judgments; and some
sentences are universally felt to be their expression.1

To such judgments and such sentences I will, so far as may
be, confine myself. The principles developed in their discussion
will, I think, be found to apply to other thought-forms and
other word-combinations, by whatever name it may seem best
to call them.

ANALYSIS OF THE JUDGMENT.

The judgment may be analyzed in several ways. So, for that
matter, may an insect. I may regard the creature as made up

1 To my own mind a judgment is always the belief in the reality (or
unreality) of a relation between two ideas. Even in its imperative form
it vouches for the relation of wisher to what is wished. In the dubitativo
aspect it assures uncertainty. Even interrogatively formed it asserts the
desire for information.

On the other hand what a sentence aims to express is always a judgment
as above conceived, though plainly the sentence often leaves a gap to be
filled by inference or external suggestion and often admits irrelevant
elements.

Expression of Thought.

5

of head and residuum — or of tail and what is left. For sev¬
eral reasons I elect the analysis into head, thorax and abdo¬
men. I prefer something analogous with judgments, reaching
results as follows. Let “6 exceeds 4” serve as illustration.
The mental process registered is this: I have passed in mind
from 6 to 4. In so doing I have become aware of something
foreign to 6 and foreign to 4, namely superiority. The judg¬
ment expressed consists then of three terms: a first term (6), a
last term (4) and the relation between them, which may also be
known as mid-term.1

It should be noted that the relation may take on either of two
aspects according to the direction of the thought-transit. Thus,
if I think from 6 to 4, I obtain superiority. But, if I think
from 4 to 6, I obtain inferiority. Viewed from the stand-point
of superiority, inferiority is in this case a reverse relation.
Conversely, superiority may be known as proverse. The names
progressive and regressive are also in use.

When now the judgment consists of merely a relation and the
terms between which the relation obtains, I call the judgment
elementary, minimal or essential.

The judgment may, of course, be amplified. All admit that
amplification must follow the method of the original structure.
That is, if I add to my essential judgment, the new must be in
relation with the old or with one of its parts. Were the new
not so in relation, it would be out of relation or irrelevant. That
is, the new would, so to speak, have nothing to do with the old.

In practice the relation of old and new is often unexpressed.
When I amplify “man” into “white man,” you do not require
me to say that the relation between “ man ” and “ whiteness ”
is that of object to its quality.

1 However any of these elements be emphasized or overlooked, it is hard
to believe that any one can ever be absent from a thought deemed worthy of
expression. I have elected the names applied to them, because “first term ”
and “ last term ” are broader and also less confused with other names than
subject and predicate (also object) and because the name of “ mid-term ”
is a constant reminder to keep track of the often neglected relation.

It is easy to show further that this relation is in my example conceived
as real (not this time unreal) and that this reality I believe. But these
matters being unnecessary to the present investigation, I neglect them.

6 Owen — Meaning and Function of Thought- Connectives.

The new ideas are related sometimes with one old one and
sometimes with another. It is convenient to use with all alike
the name of adjunct, meaning thereby an added idea plus its re¬
lation expressed or understood.

In illustration let an essential judgment be expressed by the
sentence: “ the priest employed a lawyer.” Suppose now that
I wish to amplify this judgment by an idea of priority. This
idea must appear as last term in a new thought, whose first term
may be either of the original three terms. It is accordingly
possible to construct three amplified judgments, respectively ex¬
pressible by three amplified sentences. (1) “ The prior or former
priest employed a lawyer. ” (2) “ The priest employed a former

lawyer. ” (3) “ The priest formerly employed a lawyer. ” In the

last case that which is conceived as prior is the “ employment, ”
the relation of employer to employee. In the other cases it is
respectively the “ priest ” and the “ lawyer. ”

Illustrating again, I might use the phrase “ a feeble old
priest. " My first term in this case has two adjuncts of equally
direct bearing upon itself. A sufficient number of examples
would justify the proposition that the same term may have co¬
ordinate adjuncts to the number of n.

Again I might speak of a “remarkably old priest.” In this
case primarily the “ priest " is conceived as “ old ” and second¬
arily this “age” is thought of as “remarkable.” Generalizing
again, I make the further proposition that each adjunct may
have a sub-adjunct and this last another and so on to the nth
degree of subordination.

Terms, then, and adjuncts are the elements for which the sen¬
tence properly stands. But other elements sometimes intrude.
For instance, “All men (shut the door, please) are animals.”
Of such elements it is enough to say that, although they are in
the thought, they are not of it.

THE SYMBOLIZING PROCESS.

It is the peculiar office of language to establish in the hearer’s
(or reader’s) mind the thought of the speaker. This process is
commonly called conveyance. The figure is somewhat unfortun¬
ate, as it is obviously impossible to convey any act or product

Expression of Thought.

7

of the mind. Strictly speaking, language is a process by which
the hearer is induced to erect in his own mind a thought-struc¬
ture like that of the speaker. This result is effected by stimuli
known as words.1 Its first stage is accomplished when the
hearer’s mind contains the elements of the speaker’s thought.

Let it be supposed that this stage has been reached. Much
still remains to be done. For instance, both speaker and hearer
may be thinking of a missionary, a cannibal and the relation of
eater to food; but one may have it that the cannibal eats the
missionary, while the other supposes that the missionary de¬
vours the cannibal. In the expression of more complex thought
such possibilities become probabilities of the greatest import¬
ance. It appears then plainly that speaker and hearer must not
only have in mind the same ideas; they must also build them
together by the same plan.

Of the several ways of meeting this need I will mention only
the strictly linguistic. These are two in number, often con¬
fused, but radically different. Using an objective illustration,
suppose I give you the pieces of a dissected map — that of the
United States — and invite you to put them rightly together. You
have the elements of a structure, but not its plan. If now I
give you the latitude and longitude of each state-capital, they
constitute a sort of plan. The instructions furnished for each
state are moreover independent of all other states. They may
in that sense be called absolute.

Precisely analogous instructions are given by language,
though confined for the most part to word-endings. In the
sentence “ They hear us ” the ending of the word "they” is an
order to use the word as first term. Instruction of this kind I
call functional.

Suppose now that, in giving you the pieces of the map, I
name no latitude or longitude; yoii are still amply provided with
instructions, but of another sort. Examine for instance the
Indiana section. On its southern edge you note a particular
curve. This detail you may take as an order to put Indiana
next to some other state with a similar curve, namely Kentucky.

1 Other stimuli, gesture etc., are in this investigation neglected.

8 Owen — Meaning and Function of Thought- Connectives.

But the order is this time relative, not absolute. It is not
hinted where on the globe each state or either belongs. It
is however distinctly declared that they belong together.

Instruction of this relative type is also offered by words.
Given the Latin “ bonarum, ” its termination constitutes an order
to put the idea of goodness with some idea conceived as plural,
feminine and genitive. This sort of instruction I call associa-
tional. An idea with the function-label may be conceived as
saying to any other idea: “ No matter where you go, I go here."
An idea with the association-label says rather to one other idea:

“ No matter where you go, I go with you. ”

These distinctions, guiding as they do the course of my in¬
vestigation, seem to me worthy of emphasis, and again because
they are generally neglected. For instance, in the case of the
verb, forms which stand for meanings (e. g. tense-signs), others
which name function (e. g. the ending of the adjunctively em¬
ployed participle) and still others which show association (or
agreement, e. g. personal endings) are made to ride together in
one categorical omnibus called a conjugation. As well bring to
a mason, in one hod, bricks and plans, mortar and specifications
and claim to ease his task by collective presentation.

MULTIPLE SYMBOLIZATION.

In the study of language it is helpful to bear in mind that
the same word is often charged with several duties. The power
to perform them is a mere survival or revival from a time in
which, it is believed, the judgment itself was expressed by a
single word. Of this method even historic examples are not
wanting. Thus the Latin “ pluit ” has no less expressive power
than the English “ it is raining. ” Again, in the sentence “ the
birds sing ” it is plain that, while one term only is expressed
by “ birds, ” the other term and the relation are necessarily ex¬
pressed by “ sing. ” That is, the word “ sing ” in some way
stands for two ideas, which on other occasions maybe expressed
by a word for each (e. g. “ the birds are singing ”). The action
of the word in such cases may be known as multiple symboliza¬
tion. This name may be applied also to the action of the word

Expression of Thought.

9

when, instead of standing for more than one idea, it stands
for an idea and also for that idea’s function or association.1

REINSTATIYE SYMBOLIZATION.

In developing my theory it is further convenient to make use
of what may be called the doctrine of reinstcitive symbolization.
Of this let the sentence “I met Brown to-day ” serve as intro¬
duction. In this sentence the word “ Brown ” excites in the
hearer’s mind an idea of which, it will be assumed, he would not
otherwise be conscious. The symbolizing act may in this case
be called introductory or initial.

The idea excited by the word “ Brown ” must plainly remain
in consciousness till all the elements of thought to be expressed

1 When a word expresses more than one idea, the naming of one
of the ideas may or may not be effected by the termination (prefix, in¬
fix or other variation). When, in addition to an idea, its association or
function is to be indicated, the aid of a termination is usually invoked.
In the highly inflected languages almost every word is in some of these ways
a multiple symbol.

Historically the instructional elements (functional and associational) are
always original idea-namers. It is accordingly not surprising that a
given termination should exhibit on different occasions the different pow¬
ers which it has successively acquired. Thus the Latin “ cognovit” on one
occasion contains in itself its subject (he); on another the personal ending
merely shows association with a subject expressed by another word; at the
same time this ending, being used with no other kind of thought-element,
has functional value, being evidence that the idea expressed is the mid¬
term (principal verb).

The same word-ending may then express a thought-element, its associa¬
tion or its function — sometimes one and sometimes another — sometimes
one only, sometimes two, sometimes all three. The distinction made is
therefore useless for the purpose of ending-classification. As well endeavor
to classify the cattle in the field by their momentary place or doings.

But, apart from the possible interest to the zoologist, the where-abouts
and the what-abouts of each animal may have an immediate interest to
its owner. He can hardly afford to ignore differences between here and
there or between doing this and doing that. So too with these termina¬
tions; though I cannot classify them by the differences in their values,
I must not forget that these values are different. I must also recognize
the particular value of each on each particular occasion. Fortunately
such recognition is rarely difficult.

10 Owen — Meaning and Function of Thought ■ Connectives.

are in the hearer’s mind. Otherwise it would be impossible for
the hearer to make a thought-structure identical with that of
the speaker. He would simply be unable to build completely
without complete materials.

On the other hand, at the end of the sentence, when the
thought-structure has been completed, it and its elements are al¬
lowed to disappear from immediate attention. This disappear¬
ance is indeed necessary to the reception of another thought.
That such is the fact may be shown by any somewhat complex
example; e. g. 348-^-6 = 58. The elements of this judgment
or equivalents thereof are held by the hearer till the total judg¬
ment is received. Suppose, now, that this first statement is
succeeded by the following: 32X 17 = 544. It is plainly im¬
practicable to form the second thought-structure, so long as any
elements of the former are still in immediate attention.

Applying these principles to a verbal statement, let the for¬
mer example serve. “ I met Brown to-day. ” When the hearer
has formed the thought-structure expressed by these words, all
the ideas therein contained are allowed to disappear from imme¬
diate attention. But they do not disappear beyond recall. This
may be shown by an extension of the above example. “ I met
Brown to-day. He was in excellent health. ” In the second
sentence it is very evident that the word “ he ” recalls to the
hearer’s mind the idea which had been initially presented by the
word “ Brown. ” This action of the word “ he ” is what is meant
by reinstative symbolization.

Recalling now what was said of the symbolizing process, and
bearing in mind not only words but also word-endings (etc.), I
offer, as at least intelligible, the following list of

POSSIBLE WORD-VALUES.

I. Structural. — Words stand for the ideas or materials of which
a thought is constructed. These are

a. First, last, and mid-term.

b. Adjuncts (direct or indirect) of any of these.

IT. Non- Structural. — Word-values in this case are

a. Instructional (helps to put materials rightly together)
further distinguishable as

Expression of Thought Connection.

11

(1) Functional; these show as what thought-element an idea
is to be used; they declare absolute position;

(2) Associational; these show that a particular idea can be
used only with another particular idea; they declare relative
position.

b. Independent.

Supposing this list to be complete, the question rises: what is
the value of the thought-connective ? Before seeking an answer,
let the connective first be isolated from its sister species in the
grammatical classification. All these species are ranged under
the genus conjunction. One species is conceived to join separ¬
ate sentences; thus: “Roses are red but lilies are white.”
Another is said to join single words; thus: “He and I were
there. ” Another still is thought to unite larger portions of the
sentence; thus: “He stood up, that all might see him.” The
present investigation will be extended to conjunctions of the
first kind only; that is, to words which are said to join sentences.
From the view-point of syntax or sentence-study these words
are sentence-conjunctions. From the view-point of thought-
study they would properly be known as judgment-conjunctions.
In semi-popular parlance they are called thought-connectives.
This phrase is not absolutely definite; but, being enough so for
practical purposes, it will henceforth be employed. To reach a
perfectly distinct, though somewhat arbitrary line of demarca¬
tion, only those sentences between which a period is allowed to
stand will be ranked as separate.

II. EXPRESSION OF THOUGHT CONNECTION.

The connecting or joining of thoughts is obviously a mere
figure of speech and cannot be expected to present with exact¬
ness any process of the mind. Yet a little examination of the
figuratively taken physical process is helpful in studying the
mental process which it pictures.

MEANING OP CONNECTON.

Viewed in its simpler aspects, what is known as connection or
junction supposes unbroken continuity in the unit which it pro-

12 Owen — Meaning and Function of Thought- Connectives.

duces. Mere contact is not sufficient. Two balls are not con¬
ceived as joined by the mere contact of their surfaces. Indeed in
one view contact is needless. The two balls of a dumb-bell are
conceived as joined by the handle, though they themselves are
each at some distance from the other. Yet the molecular con¬
tinuity is maintained throughout the total mass.

This illustration may be viewed in another way, which will,
I believe, be found more helpful. The handle and one ball may
conveniently be taken as forming one total. The handle and the
other ball form another total. The handle is then a common
factor of both totals. As it is obviously possible to take the
same view of all joined bodies, the condition of junction may
be defined as the possession of a common factor.

The common factor may vary in size from that of either body
(or both) down to nothing. The cases which develop from such
variation have been carefully distinguished and are well known as

Inclusion: the common factor is the greatest possible part
(i. e. all) of one body; or, the common factor is the greatest
possible part (i. e. all) of the other body;

Coincidence: the common factor is the greatest possible part
(i. e. all) of both bodies ;

Exclusion : the common factor is the smallest possible part of
one body or of the other body or of both.1

1 These cases may be conveniently developed as follows: Let two areas
overlap each other thus:

C being the common factor, A + C one area and C -f B the other.

(1) Let C be increased to the value of A + C; or, what is more conven¬
ient, let A + C be diminished to C. The right hand area now includes
all of the left.

(2) Conversely, let C + B be diminished to C. The left hand area now
includes all of the right.

(3) Let C be increased to the value of A -f- C and of C + B. The
possibility of this presupposes the equality of the two areas. For con-

Expression of Thought Connection.

13

VARIETIES OF THOUGHT CONNECTION.

Passing now from the objective to the ideal, I shall endeavor
to show that, in all cases in which thoughts are conceived to be
joined, one of them is either wholly or partially included in the
other. I do not therefore need to consider the case in which
two thoughts are mutually exclusive. The same is true with
the case of thoughts conceived as coincident. Moreover this in¬
teresting case, however occurring, would naturally be expressed
by a plural and not by the help of anything called a conjunction.

There remain to be considered then three cases only.* 1 A.
Two thoughts have a part only of each in common. B. The
first contains the whole of the second. C. The second contains
the whole of the first.

A. Two thoughts contain each a part of the other.

This case may be illustrated most clearly by a form of sentence
which, though little used, has appeared in widely different
languages. Thus: (from old German) "Up from his seat arose
Herr Hagen spoke as follows. ” There are here two complete
sentences, presenting two complete judgments. One is: "Hagen
rose from his seat. ” The other is : " Hagen spoke as follows. "
The two have a common factor, namely the first term "Hagen."
This term is only once named and only once thought.2

venience, instead of increasing, let A -j- C and C + B be each diminished
to C. C then stands for two areas; and these are coterminal or coincident.

(4) Let now C be diminished as much as possible, namely to zero. Ac¬
cording to the view-point one may say with equal truth that 0, as part of
A -f- C, is the smallest possible part of C -f- B; the left area is excluded
from the right. Again C as part of C + B is the smallest possible part
of A -f- C; the right area is excluded from the left. And still again C as
part of both A -J- C and C + B is the smallest possible part of both; the
two areas are mutually exclusive.

1 1 necessarily omit thoughts occurring in different minds; for obviously
the thoughts of one mind have no existence for another until they become
also the thoughts of that other. Simultaneous thoughts in the same mind
I also omit, because in linguistic presentation they are perforce expressed
in succession or as a plural.

2 In such cases the common factor is usually symbolized a second time
by “ who,” the second symbol allowing a second inflection expressing as-

14 Owen — Meaning and Function of Thought - Connectives.

The same principle is very extensively employed with other
terms and with adjuncts; but I believe grammarians have not
called the process conjunctive except in some uses of the adverb;
e. g. “He departed as I arrived.” In this example the word
“as ” is plainly an indefinite time-namer. That the idea of time
belongs with “ arrived ” has never been questioned. That this
idea also belongs with “departed” cannot be questioned; for
the whole purpose of time-naming is to show when “he de¬
parted. ” This time-idea is then first and foremost an element of
the first thought. As such it is indefinite. This indefiniteness
is removed by its association with “my arrival.” The very aim
and purpose then of the time-idea fails, unless it be taken as
a factor of both thoughts.

From the above and other examples it would be easy to show
that when two thoughts have a part only of each in common,
they are not expressed by what are usually ranked as separate
sentences. This case does not then lie within the limited
field of this investigation.

B. The first thought contains the whole of the second.

The simplest cases show the second thought as last term of the
first thought, e. g. “I believe his being honest.” “I believe him
to be honest. ” I believe that he is honest. ” These three forms,
so far as function of the second thought in the first is concerned,
are identical. The notion of conjunction does not, however, oc¬
cur to the grammarian till he reaches the form: “I believe that he
is honest. ” And even with this form the notion seems to be losing
ground. It is now quite generally believed that the word ” that ”
is a substantive of indefinite meaning, that this meaning is
symbolized a second time and definitely in what follows.

From the above and other examples it would be easy to show
that when the first of two thoughts contains the whole of the
second, the two are ordinarily not expressed by separate sen¬
tences. Such expression does, however, sometimes occur; e. g.
“What I believe is this. A is honest.” Clearly enough the

sociation and function of the common factor in the second thought. But
the two symbols stand for a single idea and this idea makes but one ap¬
pearance, a continued appearance, in the mind.

Expression of Thought Connection.

15

word " this ” presents indefinitely that which is believed; and
that which is believed is again symbolized by the second sen¬
tence. The indefinite prefigures the definite and may be said
to be the definite in a germinal stage of development. But as
such cases are comparatively rare and obviously different from
those to follow, they may be excluded from this investigation.

C. The second thought contains the whole of the first.

The two may be expressed by a single sentence, e. g. “ That A is
honest I do not doubt. ” But more commonly two independent
sentences are employed, e. g. “ A is honest. That I do not doubt. ”
Cases in which the first sentence is so obviously repeated as a
main term of the second may be neglected on account of their
simplicity.

In the cases to be considered neither sentence is usually con¬
ceived to be repeated in the other, but a word of the second
is believed to join the two. This word is classed as a con¬
junction and is known by the special name of a thought-con¬
nective.

It is my object in this investigation to demonstrate that, in
these cases also, what the thought-connective names is part and
parcel of the second thought. In so doing, 1 will first endeavor
to show that such a theory must be true by establishing the
untruth of all other possible theories.

In choosing examples it would be strictly proper to use only
sentences of some length, because the accepted sign of separate¬
ness, the period, is usual only between such sentences. But,
as a matter of convenience, short examples are chosen, it being
always easy to conceive them as sufficiently amplified.

WHAT VALUES THE THOUGHT-CONNECTIVE CANNOT HAVE.

Using my list of possible word-values (see p. 10) and follow¬
ing the order of convenience, it is plain that

First , the thought-connective might be functional. That is,
it might show as what thought-element some idea is to be used.
But this it does not; e. g. “And George the dragon slew”.
The poetic arrangement is chosen for the purpose of leaving, to
order no power to settle the choice of subject. It is accordingly

16 Owen — Meaning and Function of Thought- Connectives.

uncertain whether George slew the dragon or the dragon slew
George. That is, the function of either noun, its choice of
position as first or last term, is uncertain. This uncertainty
is in no degree relieved by the presence of the word “ and. ”
Also “and” has no influence in fixing “slew” as mid-term.
That is, the conjunction is not to be classified as functional.1

Second , the thought-connective might be associational ; e. g.
“ And large exceedingly fierce men dragons slew. ” The func¬
tion of the idea named by “ exceedingly” is clear. It must be
taken as an adjunct of one of the first term’s adjuncts, either
with “ large ” or with “ fierce. ” But its choice between these
two, that is to say its association, is uncertain. This uncer¬
tainty is in no degree relieved by the presence of the word
“and.” That is, this conjunction is not to be classified as as¬
sociational.2

Third , the thought-connective might be independent of the
rest of the sentence — a foreign substance in the verbal organ¬
ism; e. g. “And George the dragon slew.” The word “and,”
if irrelevant, is required to join what follows to what has pre¬
ceded, while itself completely disconnected from what follows.
It seems unnecessary to argue that this is impossible. The
moment that union ceases between “ and ” and what follows, the
union between what follows and what precedes must also cease,
unless maintained by some other means than any afforded by
“ and. ” That is, the conjunction cannot be classified as inde¬
pendent.3

1 The conjunction obviously gives no instruction as to its own function.

2 The conjunction obviously gives no instruction as to its own associa¬
tion.

3 It might be claimed that, even though the word “ and ” be not itself a
joiner, it shows that thoughts are to be joined by the hearer or have been
joined by the speaker; that is, “ and ” might be either an order to join or
a statement of junction. While this view contains much truth and the
appearance of more, it shrinks in value when we find no indication whether
a statement or an order be designed. The absence of such indication sug¬
gests at least the sub-importance to the speaker of what he omits to name.
In illustration let the thought expressed by our example be fully devel¬
oped. Using first the the mandatory value of “ and,” the sentence “ And
George the dragon slew ” does not mean “ Join George the dragon slew to

Expression of Thought Connection.

17

The above examination of the thought-connective in so small
a number of examples cannot be regarded as proving that it
never has the values successively tested. It shows, however,
that the possession of such values, if it ever occurs, cannot be
regarded as essential — cannot, therefore, be properly made the
basis of classification. It seems, accordingly, evident that the
thought-connective must be classed as the only other element
possible, namely a structural element. The doctrine of the
growth of instructional sentence-elements from so-called empty
words favors the expectation that the thought-connective, at
least in primary usage, will be found to be fully structural.

Fourth , then, and last, the thought-connective may be struct¬
ural. If such, it might be a term of the essential judgment.
But this, to the most superficial observation, it is not. Recall¬
ing the example: “And George the dragon slew,” it is plain
that “and” is not the first term, otherwise known as subject.
It is not the last term, otherwise known as -sometimes object and
sometimes predicate. It is not the mid-term or relation, other¬
wise known as verb or copula.

WHAT VALUE THE THOUGHT-CONNECTIVE MUST HAVE.

Turning from the discussion of what the thought-connective
is not, it remains to show if possible what the thought-connec¬
tive is. There remains one class only of ideas from which, by
the preceding argument, it has not been excluded, namely the
class of adjuncts. It is therefore provisorily assumed that the
thought-connective enters thought-structure as an adjunct. An

a preceding statement.” It means rather “George slew the dragon — a
statement to be joined by you to its predecessor.” That is, the order to
join the statement is of less importance than the statement itself. Or,
using the explanatory value of “ and,” the meaning is not “ I have joined
George the dragon slew to a preceding statement,” but rather “ George slew
the dragon — a statement joined by me to its predecessor.” That is, the
explanation is much less important than the statement. Indeed, for my
own part, I can not, in the given example, say either that I am telling
you to do the joining or stating that I have done it myself. All that I feel
sure of is that I do conceive a junction. Its particular form and method

will be developed in another place.

2

18 Owen — Meaning and Function of Thought- Connectives.

attempt will now be made by the study of a single thought-con¬
nective to develop a more detailed theory. The whole body of
thought-connectives will next be classified. The theory will
then be tested by successive applications to all classes.

For preliminary examination of thought-connectives let the
word “ therefore ” serve as a type ; e. g. “ He invited me.
Therefore I came. ” The meaning of the word " therefore ” is es¬
sentially “on account of that ” or, more briefly, “from that.” Not
only is this evident to ordinary observation, but etymology, his¬
torical and comparative, declares it. It is accordingly clear at
the outset that the present case is one of multiple symboliza¬
tion. That is, the single word “ therefore ” stands for ideas
which are often represented separately.

The exact value of each of these ideas merits careful observa¬
tion. And plainly the usual demonstrative value of “ that ” is
not sufficient. Its present value is reinstative. That is, it brings
back to attention something which has preceded. In the present
case, moreover, it brings back not a mere thought-element but
a whole thought. The proper test of this opinion is to put the
whole preceding thought in place of the word “ that. ” Accord¬
ingly “He invited me. On account of his inviting me I came.”
Plainly this substitution neither adds to nor subtracts from the
speaker’s meaning. “ His inviting me ” may be accepted, there¬
fore, as the true value of “ that. ” 1 This element of the connec¬
tive is, then, reinstative or anaphoric, not initial, not deiktic.

1 The propriety of thus defining “that” may be further developed as
follows. It is evident that the same mind-stuff can be regarded as one or
as composed of parts, according to the speaker’s choice. To illustrate ob¬
jectively, a horse, buggy and connecting harness may be regarded as either
one or three at convenience. Indeed the language of the people supplies
in the word “rig” a name for the unanalyzed combination. But as
rule such names do not exist for thoughts. Names for the most part are
symbols merely of thought-elements or ideas. Even when conceived as a
unit, the thought as a rule can be distinctly presented only by combining
the names of its parts, one part appearing as nucleus and the others being
clustered about it. The question rises then: which part shall be put as
nucleus? In answering, we must avoid a common but erroneous valua¬
tion of thought-elements.

The phraseology of grammar presents relations as of subordinate value.

Expression of Thought Connection.

19

The remaining element, the phrase “ on account of ” or its
equivalent "from,” can best be appreciated after some exam¬
ination of the preposition. This thought-element, like the verb,
is a relation-namer. But it differs from the verb in being em¬
ployed in the special case in which a relation and a last term
are combined as an adjunct of what stands thereto as a first
term j1 e. g. “ The book on the table. ” In this phrase “ book ” and
“ table “ are plainly a first and a last term and the relation be¬
tween them is expressed by “ on. ” This relation and the last
term are taken together as an attribute or accident of the first.
That is, the book is characterized by “ on-the-tableness. ” In

Subject and predicate (first and last terms) are conceived as of primary
importance; other elements are noted as “ mere relations.” In opposition
to such valuation it may be observed that the habitual effort of the mind
is to find relations. In an advanced stage of mental development we may
indeed start with a relation and institute a search for terms to fit it. This
process is, however, unusual. As a rule we are not finders of terms for
relations. We are finders of relations for terms. Man might indeed be
distinguished as the relation-finding animal. So far then as results are
more important than data, so far in the thinker’s mind the relation out¬
values the other terms.

Suppose now that a thought conceived as a unit is to be presented by
the names for its parts. It is plainly possible to use as nucleus either first
or last term, distinguishing it by its relation to the other term. But such
a method violates the thinker’s estimate of values. The proper method is
rather to use as nucleus the relation and to distinguish this relation by
the terms between which it holds. Having said for instance that 6 ex¬
ceeds 4, if I wish to distinctly present this thought as a unit, I use the
phrase “ the superiority of 6 to 4,” not “the 4-exceeding 6,” not “the
by-6-exceeded 4.”

So also in the present case, having stated analytically that “ He invited
me;” having obviously expressed by “ invited ” a relation (that of inviter to
invited) between him and me, which can be learned from no other source; if
now I wish to distinctly present my thought again as a unit, but by means
of its part-namers, my descriptive phrase will be of some such form as
“ his inviting me,” “ his invitation of me,” or, “ my invitation by him.”

1 1 believe that sufficient testing will show an opportunity to apply here
Morgan’s excellent distinction between focal and marginal consciousness;
that, when several relations enter into one thought-structure, that which is
dominant (or centrally, focally conscious) will be found to be always ex¬
pressed by the principal verb; that the preposition will be found to name
in all cases a relation of a subordinate, eccentric or marginal character.

20 Owen — Meaning and Function of Thought- Connectives.

other words, the prepositional phrase is an adjunct. This ad¬
junct is in the present case used as an adjective. Such an ad¬
junct in other cases may be used like an adverb; e. g. “ He
sank with great rapidity. ” Accompaniment (figuratively put
for characterization) by rapidity is treated as an adverbial ad¬
junct of “ sank. ”

It should further be noted that, in the above examples, the
relation named by the preposition is obtained by thinking from
the first-mentioned term to the last. Thus, in the phrase “ the
book on the table ” the speaker plainly obtained the relation by
what may be called a thought-transit from the “ book ” to the
“ table. ” For, if he had thought from the table fco the book,
he would have developed the relation named by “ under. ” For the
relation expressed by “ on ” I have chosen, as above noted, the
name of proverse or forward, giving to that expressed by “ un¬
der ” the name of reverse or backward. And it should also be
observed that between any two terms either relation may be de¬
veloped; for it is obviously possible to make the thought-tran¬
sit from either one to the other.

It should further be noted that the order of ideas in thinking
is not necessarily that of the words employed to express them.
For instance, using an order allowed in poetry, “ The earth
above the sky is blue. ” Now there is no earth above the sky.
Accordingly it must be that, in spite of the order of words,
the order of ideas is that expressible by “ the sky above the
earth.” So far as observed, such violations of order in the
prepositional phrase are quite rare. It may then, within the
bounds of safety, be said that the preposition usually names
a relation obtained by a thought-transit from its first-named
term to its last-named term.

With thought-connectives the opposite is the case. Given
again the example : “He invited me. Therefore I came. ” “ His
invitation ” is the first-mentioned term. “ My coming ” is the
last-mentioned term. “ Therefore ” contains a relation between
the two. This relation is not developed by a thought-transit
from the invitation to the coming. Were such the case, the
developed relation would be named by “ toward ” or an expres¬
sion of causation, e. g. “ His invitation was toward my com-

Expression of Thought Connection.

21

ing, favored my coming, caused my coming. ” The actual rela¬
tion, expressed by “from,” is plainly developed by passing in
mind from “ my coming ” back to “ his invitation. ” This rela¬
tion would be asserted by saying: “My coming was from the
invitation, on account of it, caused by it. ” In short, “ I came
from or for that. ”

It appears then that the word “ therefore ” has two simultan¬
eous meanings. It names a reverse relation between two
thoughts. Of these two thoughts it reinstates the former.

In remains now to be seen in what way these two meanings
are structurally employed. To determine this it should be noted
that the structure of the second thought is the outcome of a
compromise between two conflicting desires. The speaker
wishes, on one hand, to assert “ his coming. ” On the other
hand, he wishes to assert that “ this coming was the result of
an invitation. ” Both these wishes he might easily realize by
using two separate sentences as follows. (1) “ I came. ” (2)

“ That was from his invitation. ” But linguistic economy urges
the reduction of these two structures to one. This result can be
obtained only by making one of them some element of the other.1
On the one hand, the assertion that “ I came ” might be sac¬
rificed, (1) becoming an element of (2). This would lead to such
a sentence as “ My coming was from his invitation ” or “ My com¬
ing was from that, (therefore). ” On the other hand the assertion
that “ the coming was from the invitation ” may be sacrificed,
(2) becoming an element of (1). The election of this alterna¬
tive leads to such a sentence as “ I came from his invitation —
from that — therefore. ”

It needs no demonstration to show that in the elected form¬
ula the two words, “ I” and “ came,” express by some means
three terms. The word “ I ” names an actor. The word
“ came ” names an action. These two have something to do
with each other, are in some relation; otherwise they could
not constitute a thought. That the relation is that of actor
to his own action and that it is, by multiple symbolization,
expressed in the word “ came, ” along with the speaker’s belief

Unification by common factor has been eliminated from the present

field.

22 Given — Meaning and Function of Thought- Connectives .

in its reality, does not need to be proven. For, without such
proof, it is plain that in some way all essential elements of
thought are presented by the sentence ” I came. “ That is, the
places for terms are all preempted. If therefore a new element
is to be added, it must take its place as an adjunct.

The connective is then adjunctive, but, as the sequel will
show, of a somewhat peculiar type. The adjunct as a rule is
coupled in the mind with a single term, as shown by previous
examples. But in the case before us the adjunct is coupled
with a whole thought. It does not really belong with “ com¬
ing, ” except so far as the coming is my own, as distinguished
from the coming of any other person.

The adjunct of this sort may be known as a thought-adjunct
in distinction from the ordinary or term-adjunct. With special
forms for term-adjuncts languages are generally well-provided,
even differentiating sometimes the adjunct of one term (e. g.
adjective as adjunct of first or last term) from that of another
(e. g. adverb as mid-term-adjunct). But in special forms for
thought-adjuncts language seems to be quite deficient. When
therefore it is necessary to express the adjunct of a whole
thought, that variety of term-adjunct is used as a make-shift,
which seems most nearly to meet requirements. The variety
elected is the adjunct of the mid-term, the term, that is, which
expresses relation. In other words the chosen expression of
thought-adjunct is the adverb, in its stricter sense of verb-lim¬
iter.1 The reason for this choice is in part the fact that the
relation, as indicated above, is by far the most important
thought-element.

1 The use of make-shifts is one of the most common linguistic phenom¬
ena, is indeed one of the most important agents of linguistic progress. As
the boy makes use of his jack-knife now as screw-driver, now as gimlet
and again as hammer, so a word designed for a particular purpose is forced
to serve, in the lack of a better word, the different purpose of the moment.

To illustrate for the special case in hand, suppose I wish to characterize
a thought as not my own, but that of another — a zoologist, the thought
being that mastodons are pachyderms. I do not say that the mastodons
of his mind are pachyderms; for this is telling you my own opinion of
what he ranks as mastodons. Nor do I say that mastodons are pachyderms
of his mind; for this is telling you my opinion of mastodons in terms of

Expression of Thought Connection .

23

From the preceding reasoning, if correct, it follows that in
some way the ideas expressed by “ therefore ” must form a
thought-adjunct and that this thought-adjunct will choose the
same linguistic expression as that employed for the adjunct of
the mid-term or verb. It remains only to note the details of
this arrangement. And in so doing it should be observed that
the use of adjuncts is based upon this principle: that the use
of an idea as a term of one thought does not disqualify it from
serving at the same time as term in some other thought.1 Ac¬
cordingly in the thought expressed by the sentence “I came,”
let the structural value of the idea expressed by " came ” be
whatever it will; it is still true that this idea may serve again
as first term to a new relation and a new last term. This now
is exactly what happens. The coming serves again as the first
term of a new thought. The last term of this new thought is
the reinstated invitation. The relational element of the new
thought is most conveniently expressed by “ from. ”

At this point occurs a slight readjustment of structure. The
causal relation and the last term taken together are regarded as
in the attributive relation to the first term. That such read¬
justments do often occur may be shown by a few examples. In
the sentence “ dogs eat meat ” it is certainly possible, and
indeed highly convenient, to regard the word “ eat ” as naming
the relation of eater to food. But this relation and the last
term, “meat,” may be combined in the word "carnivorous;”
and the ideal total presented by "carnivorous” may be con¬
ceived anew in the attributive or object-to-quality relation with
the first term. This readjusted structure is expressed by the
sentence, " dogs are carnivorous. ” Again, " a cave under the

what he ranks as pachyderms. I say rather that mastodons are, in his
mind, pachyderms. That is, the relation between the two groups is de¬
clared as obtaining in his mind, not my own. To obtain in his mind, this
relation must be accompanied in his mind by its terms. The idea of pres¬
ence in his mind accordingly diffuses from the relation over the other
thought-elements. That is: the adjunct which, in form, belongs to the
mid-term only, is conceived as, in value, the adjunct of the whole
thought.

1 So a northeast corner-stone serves at the same time as part of a north
wall and part of an east wall.

24 Owen — Meaning and Function of Thought - Connectives.

sea ” is paraphrased by the words, “ a submarine cave. ” In
both examples the very word- and sentence-structure shows that
relation and last term are combined, and that the combination
is conceived in the new attributive relation to the first term.
Analogously, the relation named in the word “ therefore ” (by
the element “for” or “from”) and the reinstated thought
(expressed in substantive value by the element “there”) com¬
bine into a total, which is conceived anew as in the attributive
relation with “ came. " This attributive relation, being easily
inferred, is not expressed. In other words, the elements com¬
bined under the word “ therefore ” constitute an adjunct in the
last thought. Or, in grammatical parlance, “ therefore, ” with
the value of “ from that, ” is construed like a prepositional
phrase; it is adverbially used; it limits “came. 1,1

The argument for the adverb-theory, thus far general and
largely of an a-priori character will be followed by a process of
testing. Meantime observe that the word “ therefore ” and many
other thought-connectives contain an etymological element of
so-called demonstrative character, which has been accounted for
by giving it reinstative value. But in still other connectives,
e. g. “consequently,” no such element appears. Yet the mental
total is the same, whichever connective be employed. By the
use of the word “consequently” precisely the same result is
reached as by the use of the phrase “ in consequence of that. ”
That is, in either case a preceding thought is reinstated. Two
explanations of the word “consequently ” are, therefore, possi¬
ble. It may be claimed that by multiple symbolization it actu¬
ally expresses both relation and reinstated thought. Or it may
be claimed that “ consequently ” names only relation and that, a
first term being thereto necessary, the hearer’s mind must sup¬
ply such first term for itself. For plainly the relation between
two thoughts cannot be felt with one thought in the mind and

1 It may add clearness to this opinion to cite one of the distincter formu¬
lations of antagonistic opinion. And none seems more distinct than that
set forth by Girault-Duvivier, on page 895 of his “ Grammaire des Gram-
maires.” “ The conjunction differs from the adverb. It does not modify
a verb (nor an adjective, nor an adverb).” “ It differs from the preposi¬
tion. It does not express the relation of one thing with another.”

Single Relations Between Thoughts.

25

the other out. In both cases, then, the thought-result is the
same. The terminology of the first view being simpler, that
view will be used in this investigation, as a working hypothesis.
That is, every thought-connective will be treated as not merely
necessitating, but as accomplishing of itself the reinstatement
of a former thought.

PART II. APPLICATION OP THEORY.

The remainder of this investigation endeavors (I) to general¬
ize, for the single thought-relations expressed by the English
language, the opinion derived from the examination of the word
“ therefore; ” (II) to exhibit the use of the connective in the expres¬
sion of multiple relations; (III) to apply the present view to
the serial relations which occur in what is known as continued
reasoning. It takes into consideration the connectives listed on
page 178 of Prof. E. H. Lewis’ “History of the English Para¬
graph. ” Prom this list, however, there have been omitted the
following as of doubtful connective value : yea , nay , first , add to ,
so far , hitherto , thus far, once more, it is true, at least, finally, at
last, at length, well. On the other hand, a few have been added
which seem not to have occurred in the texts examined by Prof.
Lewis.

I. SINGLE RELATIONS BETWEEN THOUGHTS.

It is preliminarily assumed that in all cases the function of
the thought-connective is to exhibit relation between the thought
of the moment and a preceding thought. This is but saying
that the connective aims to show what, in popular parlance, two
thoughts have to do with each other. This being admitted, it
is obvious that the study of connectives is first of all a study of
relations. To simplify this study it is desirable to classify such
relations as are presented by thought-connectives. The diffi¬
culty of such classification may be inferred from Lloyd Morgan’s
belief that the ability to fasten the attention directly upon rela¬
tions is the one power which distinguishes the minds of men
from the minds of other animals. With man himself the power

26 Owen — Meaning and Function of Thought- Connectives.

to focus attention upon relations comes late and the words which
distinctly express relations are late in linguistic development.
In fact the perfect differentiation of one relation from another
would be a maximum of intellectual attainment. It is, therefore,
readily conceded that the suggested lines of demarcation be¬
tween classes of relation are more or less arbitrary. Classifica¬
tion is accordingly made in the interest, mainly, of convenience.
It should further be noted that, on account of the general lack of
power to clearly discriminate between relations, there is much
inconsistency in the use of relation-naming words. The same
word stands for different relations and different words stand for
the same relation. There will then be no attempt to exhaust
the possibilities of relation-naming, the present aim being not
so much to establish meaning as to exhibit structure.

The relation most frequently expressed by thought-connectives
may be known as common group-membership. In treating this
relation it is important to distinguish at once the different
aspects in which a group may be considered.

In the first place the same group may be conceived as either
homogeneous or heterogeneous. For instance, the difference
between two objects being emphasized, they may be called
“ an apple and a pear. ” The group in this case is conceived as
heterogeneous. On the other hand, their differences being over¬
looked, they may be called “ two fruits. ” The same group is
now conceived as homogeneous. Omitting the interesting pos¬
sibilities of groups formable either in time or space from ob¬
jects, qualities, actions and relations, I merely draw from my
illustration the general principle that homogeneous idea- groups
may be expressed by plurals.

Homogeneous thought-groups are somewhat rare. As would
be expected from the expression of thought-adjuncts by mid- berm-
adjuncts (see p. 22), it appears that the indication of thought-
plurality may be accomplished by indicating plurality of mid¬
term or relation- word. To illustrate, suppose a homogeneous
series or group of visits on my part to my uncle; a single one
of these may be expressed by the sentence : “ I visited my uncle. u
If I wish to pluralize this in English, I do so by a pluralizing

Single Relations Betioeen Thoughts.

27-

adverb, obtaining the sentence: “I repeatedly (several times)
visited my uncle. ” In French I may use the form “ visitais, ”
the verb itself having in this case a genuinely plural (frequenta¬
tive) value, not at all to be confounded with that of the spurious
plural “ visitames. ”

I do not know any case in which thoughts consecutively ex¬
pressed (the only ones considered in this investigation) are char
acterized by the connective as homogeneous. For although
thoughts thus characterizable are often connected by “ and, ” it
will be seen that they are actually characterized somewhat differ¬
ently. I therefore neglect homogeneous thoughts, as not handled
by connectives, and pass to the examination of heterogeneous
groups. These will be found to be of three sorts: concordant,
discordant and neutral.

Of the members of a concordant group it is conceived that,
though they are different, they exist together naturally, with¬
out occasioning surprise. Thus, age and feebleness are obvi¬
ously heterogeneous qualities; yet they are grouped together in
the description of an individual, without occasioning surprise;
indeed, given the first, the second rather fulfills an expectation.

To illustrate the second group- variety, let the same individual
be characterized not only by age, but also by activity. The facts
of the case permit activity to group itself with age, the two
being qualities of the same person. But the presence of activity
with age is, to say the least, unexpected. This group may, then,
be characterized as discordant.

To illustrate the last kind of group let the same individual be
distinguished firstly, by honesty; secondly, by beauty. The
facts of the case permit honesty to group itself with beauty, the
two being qualities of the same person. But it should be noted
that personal beauty and honesty are not conceived as in the na¬
ture of things belonging together. That is, there is nothing
worthy of the name of concordance. Nor, on the other hand,
is there the slightest suggestion of discordance. This group,
then, being neither concordant nor discordant, may be called
neutral.

This distinction established, it is practicable to open the study
of the relations expressed by thought-connectives with

28 Owen — Meaning and Function of Thought- Connectives.

CLASS I. RELATIONS OF GROUP-MEMBER TO GROUP-MEMBER.

The group may be

(a) Concordant , employing the connectives and, and not, nor,

NEITHER.

Of these the last three merely combine “ and ” with a negative.
Attention may, therefore, be exclusively directed to “ and. ” The
historical value of this word is now given as “ in addition ” ; e. g.
“And he succeeded.” That is, “ additionally he succeeded.”
It is plainly his success that was additional. Accordingly
“ and,” though valued properly as a thought- adjunct, appears
in the form of a verb-adjunct or adverb. But such a sentence is
as incomplete as the algebraic form “ + B. ” B is here repre¬
sented, not as an isolated B, but as a B additional to some
other quantity. So, too, in the example given, his success is
not an isolated success, but a success conceived as added to
something else. Without this something else the thought and
sentence are both incomplete. There is present, so far, a
thought expressed by “ he succeeded”; also a relation ex¬
pressed by “ and. ” There is wanted another thought between
which and the thought expressed this relation may hold. Let
the example, then, be expanded into the following form; “ He
strove. And he succeeded.” It is now evident that the sec¬
ond thought reinstates the first thought as, with the relation,
an adjunct of itself. Accordingly, in full, “ he succeeded in
addition to his striving. ”

Reviewing and stating fully, “ He strove ” expresses a first
thought. “ He succeeded ” expresses a second thought. The
relation between them is that of member to member of a hetero¬
geneous group. The first thought and this relation combine as
adverbial adjunct in the second thought, and are expressed by
“ and. ” Again, the group is conceived as concordant. Other¬
wise the word “ but ” would have been chosen. Also, the relation
is obtained by thinking from his success to his striving, and is
accordingly reverse. That is, his success is additional to his
striving. The whole meaning may then be presented by the
sentences : “ He strove. In concordant addition thereto he

succeeded. ”

Single Relations Between Thoughts.

29

It is conceded that absolute proof of values can be reached
only by an exhaustive examination of examples. The one chosen
in this and following cases is to be taken as offered after the
Euclidean method, as if I had said : let the above be any
example of the use of “ and It should also be noted that
such cases as “ I will find him and he be there ” are explain-
ble by a totally different method and, indeed, have nothing to
do with the field under examination.

(b) Discordant , employing the connectives but, though, yet,
still.

For example : ” He is old. But he is active. ” In this exam¬
ple the value of “ but ” is plainly “ in discordant addition to
his being old. ” The two thoughts are conceived as a hetero¬
geneous group in the sense above established. They are also
further conceived as discordant. The relation is, then, that of
member to member of a heterogeneous and discordant group.
This relation, obtained by thought-transit from his activity
back to his age, is reverse. “ But, ” then, reinstates in substan¬
tive function the preceding thought. With this reinstated value
it combines the relation. The total thus obtained is used as ad¬
junct in the last sentence. This adjunct is put as adverb
with “ is. ”

The use of the word “ though ” is more peculiar. It should
be noted in the first place that this word is mainly used in
a strictly prepositional function ; e. g. “ Though he slay me,
yet will I trust him. ” The meaning here is plainly that the
trusting will hold in spite of the slaying. By its use in such
cases “ though ” acquires the habit of regarding the immed¬
iately following thought as the last term of the relation which
it expresses. Such being the use of the prepositional “ though, ”
the use of “ though ” as thought-connective offers some embar¬
rassment. For instance, let it first be stated that “ X did not
strive. ” Let it be added that " he succeeded. ” It is desired now
to express a discordant relation between his success and his lack
of effort. If “ though ” is put at the head of the second state¬
ment, the hearer may take it prepositionally, regard the immed¬
iately following thought as last term and conclude that “ in spite
of his success X did not strive. ” But it is desired that the hearer

30 Owen — Meaning and Function of Thought- Connectives.

should understand that “ X succeeded in spite of not striving. ”
To assure this understanding, the connective “ though, ” is sent
to the end of the sentence, giving in full the unequivocal form
“ He did not strive. He succeeded though. ” In this shape the
meaning of the last sentence is plainly that " he succeeded in
spite of his not striving. ”

The position of “ though ” is a marked exception to the gen¬
eral habit of connectives. That it has been occasioned by the co¬
existent prepositional function of the same word, is further
suggested by the German usage of its etymological equivalent
“ doch. ” This word is not embarrassed by co-existent prep¬
ositional function. It, accordingly, may take the usual place
at the sentence-head; e. g. " Er hat nicht gearbeitet. Doch ist
es ihm gelungen. ”

It may be added that, so far as the fully expressed thoughts are
concerned, it is also in the case of “ though ” from the last to
the first that the thought-transit is taken. In this aspect of
the case, the relation may be called, as usual, reverse. It com-
bines as usual with the reinstated first thought to form an ad¬
junct of the second, this adjunct being put as adverb of the
verb.

“Yet” and “still ” do not seem to require comment.

(c) Neutral , unqualified , employing the connectives also, be¬
sides, TOO, MOREOVER, FURTHER, FURTHERMORE, AGAIN.

For example, “ He is young. Also he is rich. ” As total
thought- value of these sentences we obtain “ He is young. In
addition (neither concordant nor discordant) thereto he is rich. ”
In the expression of this value there falls to “ also ” the duty
of reinstating the preceding thought and that of naming the re¬
lation between it and the following thought. The relation is, as
usual, reverse. The relation and the reinstated thought form
together an adjunct of the last thought, being put as adverb
with its verb.

“ Also ” is further sometimes used as an idea-connective,
falling as such without the field in discussion.

For example : “ It is remarkable how long he contrives to re¬

main young. He is also rich,” i. e. “rich in addition to young. ”
Bemaining thought-elements are not reinstated.

Single Relations Between Thoughts.

31

The connective “ too ” is, for the most part, also confined
to partial reinstatement of this sort. As full reins later, it
retires somewhat from the initial position ; e. g. “ He is
poor. His wife, too, is extravagant. ”

The other connectives of this class seem to require no com¬
ment.

CLASS II. RELATIONS OP SIMILARITY AND DISSIMILARITY.

(a) Similarity , employing the connectives likewise, in like

MANNER, SIMILARLY.

For example, "Fire melts lead. Similarly, the sun melts
snow. ” That is, the second phenomenon stands to the first in
the relation of like to like. Here occur again the reinstatement
of previous thought, and the naming of the reverse relation be¬
tween two thoughts. Reinstated thought and relation combine
to form an adjunct of the last thought, but are put as ad¬
junct to verb of last sentence, i. e., as adverb.

"Likewise” has for the most part almost, if not altogether,
lost this original power of naming the relation of similarity,
being almost synonymous with "and” or even "also.”

Of this class examples also occur in which reinstatement is
only partial, the reinstative word in such cases not being re¬
garded as a thought-connective; e. g. " He dined in full uni¬
form. In like manner ( i. e. in full uniform) he appeared at
the ball. ”

(b) Dissimilarity , employing the connectives contrariwise,
on the contrary, on the other hand. These are mere oppo¬
sites of the preceding, and require no discussion.

It may be noted that the relations of class II are much con¬
fused with those of class I, and for a very natural reason. Things
that are like are easily grouped. And things that are grouped
are apt to be conceived as more or less like. The difference be¬
tween the relations is then merely one of view-point; and pas
sage from one to the other is extremely easy. The relations o f
the first class emphasize group-existence, secondarily conceived
as concordant, discordant or neutral. The relations of the sec¬
ond class emphasize similarity or dissimilarity, which may be
further used in determining group-formation

32 Owen — Meaning and Function of Thought- Connectives.

CLASS III. RELATION OF EQUIVALENT TO EQUIVALENT.

This class employs the connectives in short, in a word, in other

WORDS, OR, RATHER.

The first three of these forms have, in the now-considered
usage, lost their original special meanings, and coalesced in
meaning and function with “ or, ” which will, accordingly, be
chosen as type; e. g. “A is the father of B’s father. Or A
is the grandfather of B. ” In exploiting this example it should
be noted first that, historically, “or” is the same as “other, ”
symbolizing then the relation of difference. But, in the now-
considered use of “or,” this difference has been restricted in
scope to difference in expression or form. At the same time it
has joined to itself the idea of substantial equivalence in mean¬
ing. In short, it is merely a relation of the type which I have
elsewhere described as composite.

Such being the relation-naming value of “or,” it remains to
note its reinstative value. This may be readily made to appear
by putting the relation only as attribute to the verb, and not¬
ing what further term it requires. Neglecting then the ele¬
ment of form-difference, as obvious and unimportant, let “ sub¬
stantial equivalence ” name the relation. This relation and some
last term are to be used as attributive or adjunct with the last
thought. As this adjunct in practice associates itself with the
verb, it should have the adverbial form, “ equivalently. ” This,
however, is not all. In the present case and many others (e.
g. concordance, similarity above), as soon as a relation with its
last term is treated as an attribute of its first term, it is need¬
lessly further conceived as itself in some relation with its last
term. Thus, the form “A equals B” plainly expresses two terms
and their relation. But, in the form “A is equal to B, ” the
speaker, having made equality an attribute of A, goes on to feign
a new relation, expressed by “to,” between. “ equality ” and “B. ”
That is, the equality which characterizes A belongs to B. Simi¬
larly, our typical example is readjusted as follows: “A is the
grandfather of B equivalently to something. ” Emphasizing now
the “something,” it is plain that a last term is required and is
to be supplied by the reinstatement of the preceding thought.

Single Relations Between Thoughts.

33

In full, then, “A is the grandfather of B equivalently to A’s
being the father of B’s father. ”

Accordingly “ or ” reinstates the preceding thought and also
names a reverse relation between it and the succeeding thought.
The relation and reinstatement combine as adjunct of the last
thought, being expressed by an adverb to the last verb.

Of the word “ rather ” it should be noted that it names a
relation of essential equivalence in meaning, but characterized
by a preference for the latter of two forms of expression. Thus :
“ A is the father of B’s father. Rather, A is B’s grandfather. ”
The latter, then, is to the former in the relation of preferred
equivalent to rejected equivalent.

CLASS IV. RELATIONS OP ALTERNATIVE TO ALTERNATIVE.

This class employs the connectives or, or else, otherwise,

RATHER.

For example: “A is the father of B. Or A is the uncle of B. ”
In the preceding case attention was concentrated upon form of
thought-expression. In the present case attention is with¬
drawn from form of expression and centered on the thoughts
themselves. The hearer is presented with two (or more) possi¬
bilities, of which it is believed that one only is true; but
which is true is not known. When strictly employed, as in the
logical dilemma, these possibilities are exhaustive, and hence
mutually exclusive. Accordingly, the truth of one involves the
untruth of the other, and vice versa. But the linguistic method
is commonly the following: the first thought is put as true;
the second thought is then put as true in case the first is, after
all, not true.

Recalling our illustration, “A is the father of B. Or A is the
uncle of B, ” let the relation of terms above described be known
as alternative. Plainly, this relation does hold between the
two propositions: first, that A is B’s father; second, that he is
his uncle. It is, further, from the word “ or ” that this rela¬
tion is learned. Again and obviously, this relation cannot be
perceived unless both its terms are in mind. The full meaning
of the second sentence is then: “alternatively to A’s being B’s
father, A is B’s uncle. ” The first thought having, as usual,

34 Owen — Meaning and Function of Thought - Connectives.

lapsed fi;om attention at the end of the first sentence, is rein¬
stated in the second sentence. And, plainly, no word in the sec¬
ond sentence has any approximation to such reinstative power,
except “ or. ” It, therefore, appears that “ or ” first reinstates
preceding thought; that “or” further names the alternative
relation between preceding and succeeding thought; that the
reinstatement and the relation combine, as usual, to form an
adverbial adjunct in the last sentence. Also the relation is
thought backward — is reverse. 1

“ Rather ” adds to the value expressed by “ or ” that of prefer¬
ence on the speaker’s part for the latter alternative. Thus

1 The above case of dual indecision naturally suggests the allied case of
plural or multiple indecision, which may be illustrated in the sentence,
“ A is a kinsman of B.” This statement plainly contemplates a multitude
of possible relations between the two. This multitude is capable of var¬
ious degrees of reduction, for which language does not usually take the
trouble to develop special forms of expression, until the number of possi¬
bilities becomes very small. For instance, it is hardly worth while to state
that A is related to B in some one of six specified varieties of kinship.
Indeed, the colloquial phrase “one of the six ” was, no doubt, invented
to ridicule such useless exactness. Even indecision between three possi¬
bilities is usually undistinguished from more general indecision. Lan¬
guages commonly have special expressions for indecision between two
possibilities, but none for indecision between three or more. It is accord¬
ing not surprising to learn that “or,” by derivation, means “ the remaining
one of two .” This meaning offers indeed a hint of the original thought-
structure, which was no doubt entirely different from that above suggested,
being appparently as follows: “ One (of two possibilities is:) A to be the
father of B.” “ The other (of two possibilities is:) A to be the uncle of B.”

That such was the original thought-structure is further suggested by the fre¬
quent introductory use, in its expression, of “ either ” (=one of two); thus,
“ Either A is the father of B or A is the uncle of B.” But in this expres¬
sion each possibility is asserted, under the restriction, however, of an ad¬
junct. If then linguistic form is to express actual thought, the idea of
possibleness must be found in this adjunct. Accordingly, “ either” must
suggest the idea of possibility. This possibility is of special kind, and, as
noted above, may be called alternativeness. Also, the first thought is re¬
garded as the first alternative and the second thought as the remaining
alternative. Putting all this into an adverbial phrase, the first part expands
into “As the first of two alternatives, A is the father of B, ” or “Firstly
of two alternatives, A is the father of B.” Correspondingly, the second
part becomes “ As the remaining alternative, A is the uncle of B,” or
“ Secondly of two alternatives, A is the uncle of B.”

I

Single Relations Between Thoughts.

35

"Rather A is the uncle of B” means in full "As preferred al¬
ternative to A’s being the father of B, A is the uncle of B. ”
The structure is otherwise obviously the same as in the case of
" or. ”

CLASS V. CONDITION RELATIONS.

(a) Relation of condition to conclusion , expressed by “ if ”
or an equivalent word or phrase.

This relation, so far as observed, is named in the first part
of a complex sentence; e. g. "If you had helped, I should
have succeeded.” This value of " if" is plainly the same
as that of a preposition, as appears in the equivalent " with
your helping. ” This value, in combination with the substantively
taken following thought, forms an adverbial adjunct of the last
thought. But the case falls without the present field.

(b) Relation of conclusion to condition , expressed by " then, "

" IN THAT CASE, ” " SO. ”

The condition is often independently formulated. It is rein¬
stated as part of the conclusion by the thought-connective;
e. g. " Suppose you had been there. Then you would have
helped. ” The word " then ” means " in that case ” or " as con¬
clusion to that condition. ” Accordingly " then ” (1) reinstates
your supposed presence; (2) names the relation of conclusion to
condition between your helping and your presence. Stated in
full, but with modified perspective, the value is accordingly:
" Suppose you had been there. Your helping would have been
in relation of conclusion to condition with your being there. ”
This relation, as usual, is reverse. It and reinstatement com¬
bine as adverb in the last sentence.

CLASS VI. CAUSAL RELATIONS.

(a) Relation of effect to cause , employing the connectives
HENCE, CONSEQUENTLY, ACCORDINGLY, SO, SO THAT,1 THEREFORE,
THUS.

1 Of these the form “ so that ” is strictly incorrect. Its proper function
is to introduce a result employed as a measure of the intensity of some
preceding element; e. g. “ The iron is so hot that I cannot hold it.” That
is, the iron is hot to the degree indicated by my inability to hold it. The
different use of “ so ” in the present class of cases appears in the example,

86 Owen — Meaning and Function of Thought- Connectives.

The original (?) value of “so ” is “ in that degree;” e. g. “The
boy is so tall” (accompanied by an explanatory gesture). From
this it has made the somewhat difficult transition to the value
of “ in that manner, ” e. g. “ He stood so” (accompanied by a de¬
scriptive attitude). Both these values, primarily deiktic or
demonstrative, easily become anaphoric or reins tative. Thus
“ The sun melts snow by its heat. So fire melts lead. ” That
is, “ Fire melts lead in a previously mentioned, reinstated
manner. ” Another easy transition develops the meaning “ by
the same agency ” or “ from the same cause. ” The final change
to the value of “ therefore ” is much more violent and invites a
passing observation.

Let X stand for a phenomenon which is neither distinctly nor
centrally in mind. Let A and B stand for two other phenomena
both distinct and central. Let both these last be somewhat
vaguely conceived as caused by X. If now A is described as occa¬
sioned by X, it is natural to say “So B is occasioned.” But the
case offers two possibilities. X may occasion both A and B.
Or X may occasion A, which in turn occasions B. That is, X
may occasion A directly and B indirectly. Now “ so ” (= from the
same cause) can properly be used of B only when B is, like A,
directly caused by X. But it is easy to make the slip of using
“so” with a B which is only indirectly caused by X — a B
which is directly the result of A instead of being, concomitantly
with A, a result of X. That is, what I have elsewhere de¬
scribed as the “ minor relation ” of co-effect to co-effect, is con¬
fused with the major relation of effect to cause and the same
word, namely “so," is used to name both relations; e. g. “He
invited me. So I came;” i. e. “I came (not as co-effect, with the
inviting, of the invitation’s cause, but) as effect of the invita¬
tion (itself). ”

In the preliminary study of connectives the present class was

“ The iron is too hot. So that I cannot hold it.” Either the word “ that ”
must be rejected as superfluous or a considerable ellipsis must be filled.
“ So ” alone, unencumbered by “ that,” will be covered by the explanation
which is to follow. If “ that ” is retained, it is necessary to fill the ellipsis
with some such result as “ So it is true that I cannot hold it,” “So you
see, etc.”, “ So it is plain, etc.” All these sentences may be treated like
those with “so ” alone; but presumably no one of them is really intended.

Single Relations Between Thoughts.

87

sufficiently treated in the typical “therefore.” It is enough, then,
to note again that in the present cases a preceding thought is
reinstated in substantive function. This reinstated thought,
combined with relation, is used as adverbial adjunct in the
second thought. The relation is reverse.

(b) Relation of effect to counter-cause , employing the connect¬
ives HOWEVER, NEVERTHELESS.

By this is meant the relation which exists between a second
phenomenon and a first, when the first does not cause the second,
but rather tends Jto cause the contrary, e. g. , “The cable was
severely strained. Nevertheless, it held firm. ” The strain is
plainly conceived as causative. Indeed, there is a vivid sugges¬
tion of its causing a rupture. Such is its tendency and such
would be the result, were it not for the intervention of oppositely
causative force or resistance. Such a force is found in the mole¬
cular attraction of the hempen fibres, and in the friction of fibre
on fibre, obtained by torsion. It is of these forces that the hold¬
ing firm must be regarded as the result. In the present case then
the related terms are, first, the cause of a result opposite to the
one mentioned; second, the result of a cause opposite to the one
mentioned. The relation is broadly one of antagonism. But this,
like every other, has its proverse and reverse aspects. To form
suitable names for these, it seems best to start with the names
of other causal relations. Beginning, as usual, with the last
phenomenon of the example, it is plain that it at least occupies
the place ordinarily occupied by a result or effect. Let the
holding firm of the cable be, then, conceived as an effect. The
relation of the strain to this effect is obviously not that of a
cause, but of the opposite of a cause. To name this relation,
such words as hindrance, prevention, deterrent, etc. are hardly
broad enough. There is need of a word expressing what tends
to produce an opposite effect, what tends to hinder actual effect
and what merely fails to occasion actual effect. It is to express
these meanings that the word “counter-cause” is employed.1

The word “nevertheless,” like “therefore,” contains an
etymological element, namely “ the, ” of reinstative and relation-

1 Plainly the relation might also be known as that of counter-effect to
cause; but this terminology has been found less convenient.

88 Owen — Meaning and Function of Thought- Connectives.

naming power. In the case of “ therefore ” this element was
seen to mean “ on account of that ” ; but in the present case it
means “in spite of that.” “Never” (= not) and “ less” con-
bine in the meaning “ to the same degree, ” which may be neg¬
lected as being a mere emphasizer.1 The relation expressed by
“in spite of” is reverse and the value of “that” reinstative.
Their combination, strictly adjunct of the last thought, is
taken as adverb to its verb.

1 This interpretation may be itemized as follows. Imprimis the facts re¬
quire us to introduce the second statement by some such formula as “ an¬
tagonistically thereto.’’ In developing this value from “nevertheless”
we must be careful both with meanings and with their combination. The
meanings are obviously “ from” (which usually means on account of),
“ that ” (reinstative), “never ’’(with the essential value of “not”) and
“less,” which defines itself. In the combination of these meanings the
important question is what to do with “not.” If put with “held,” the
meaning is that the cable did not hold, which meaning is untenable. If
“ not” be put with “firm,” the meaning is that the cable held not firm or
perhaps even weakly, which is untenable. If “ not” be put with “it,”
(the cable), the meaning is again useless. If “not ” be put with “on ac¬
count of,” a particular relation is excluded; but as the number of possible
relations is immense, the exclusion of a wrong one gives no practical
help in finding the right one. The result then of such exclusion would be
merely to leave the hearer in total ignorance of the relation between the
two thoughts contemplated. This also is presumably not intended. If
“not” be put with “that,” the preceding thought is excluded, which
exclusion again gives no aid in finding a substitute. It remains only to
put “ not ” with “ less, ” obtaining in full: “ The cable was strained. From
that not less it held firm.”

In testing this connective formula, let it be borne in mind that the coun¬
ter-cause is in the present case merely a cause that doesn’t work, an ineffec¬
tive cause. Now a moment’s reflection will convince one that, before the
mind begins to deal with ineffective causes, it must have become familiar
with causes through their effectivity. This is but another way of saying
that, in the order of acquisition or development, the effective cause precedes
the ineffective. Such being the case, with the well-known habits of lan¬
guage in mind, it is eminently probable that the connective mechanism of
the ineffective is a mere modification of that already in use with the effec¬
tive. Turning for a moment to the latter, suppose that as the result of strain
the cable breaks. I might prefer to say with some reserve, “From that less
(desto weniger) it held firm.” If now I wish to adjust this mechanism to
usage with an inefficient cause, I am likely enough, as countless examples
might show, to imagine that everything will be well, if I merely thrust in

Single Relations Between Thoughts.

39

As previously indicated, the boundary lines between relations
are frequently crossed, the speaker electing one class, even
when another is more conspicuous. Thus the speaker may choose
to regard cause and effect as concordant group-members; e. g.
“The cable was severely strained. And it broke.” Conversely,
counter-cause and effect may be ranked as discordant group-
members; e. g. “The cable was severely strained. But it held
firm. ”

Of the word “however” the first part, namely “how,” has the
value of “ in any case. ” This is merely emphasized in “ any¬
how. ” The second part, namely “ ever, ” is a mere broadener of
indefiniteness, as appears in the use of “ who ” and “ whoever, ”

a negative, to match the change from effectiveness to non-effectiveness*
Thus I reach, when dealing with an ineffective cause, the form “ The cable
was strained. From that not less it held.”

Now this “ not less ” might be taken as suggesting either “ as much ” or
“ more.” But this latter plainly violates the possibilities of the case. Even
“as much” is seen to be a mere emphasizer of what is, in its opposi¬
tion to what might have been. It is therefore comparatively neglected.
On the other hand the attention which has been directed to the possibili¬
ties of the case develops with ease the fact that the relation conceived can
be only that of effect to counter-cause; and the phrase “from that” is
henceforth in this formula associated with that relation.

This then is but one of the many cases in which a word’s particular re¬
lation-naming power is determined by its association with phenomena whose
relation is obvious; one also of those in which the same formula has on differ¬
ent occasions very different meanings. Thus “ while,” naming strictly time-
inclusion, acquires in English the meaning “ though ” (in spite of); but
in German it reaches that of “because.” “Pour” in French means
sometimes “ for the purpose of,” sometimes “because of ” and sometimes
again “in spite of.” So too the English “ for ” introduces purpose (e. g.
“a push for liberty”), reflects upon cause (e. g. “imprisonment for
theft ”), or names antagonism (e. g. “a man’s a man for a’ that ”). Further
cases offer later.

The word “ nevertheless” is employed in an interesting range of nega¬
tive sentences; e. g. “ The cable was severely strained. Nevertheless it did
not break.” And here it is worth while to note the absurdity of the often-
uttered doctrine that two negatives necessarily destroy each other, leaving
an affirmative. According to this doctrine “ not ” and “ never ” should
cancel each other, leaving: “ On that account the less did it break.”
The whole value then becomes: “ The cable was severely strained. It held
the more firmly on that account.”

40 Owen — Meaning and Function of Thought- Connectives.

etc. Using “ however” as connective in the former example, lob-
tain “ The cable was severely strained. However, it held firm. ”
Strictly interpreting, “ The cable held firm in any case what¬
ever. ” 1 “ In any case ” means here “in case of the occurrence

of any other phenomenon. ” This exceedingly broad reference to
other phenomena is restricted in usage to prior phenomena. Now
a prior or a previously mentioned phenomenon may be regarded as
(1) favorable to the occurrence of the last phenomenon, (2) unfav¬
orable to the occurrence of the last phenomenon. Usage has
elected2 the unfavorable aspect to the exclusion of the other, de¬
ciding that the relation between last phenomenon and first,
named by “ however, ” shall be that of effect to counter-cause.
In other words “ however ” means “ in spite of what precedes. ”
Accordingly, as usual, the thought-connective makes a reinstate¬
ment and names relation between last thought and reinstated
thought. This reverse relation and reinstatement combine as
adverbial adjunct in last thought.

(c) Relation of cause to effect , employing the connectives for,

BECAUSE.

Both these words have suffered change of value of a new sort.
Instead of naming as formerly and in other cases an effect-to-
cause relation, they have been forced to name a cause-to-
effect relation; that is, their relation-value has been reversed.3

The primary usage of “for ” is seen in the following quotation
from Richard II, 1.4. “ And, for our coffers . . are grown some¬
what light, we are enforced to farm our royal realm. ” Simpli¬
fying this for convenience, “We are enforced to farm, for our
coffers are light.” That is, “for,” as preposition, governs the

1 So, “ Two gentlemen of Verona” I. 1. “However, but a folly,” etc.
“ However ” is here defined by Knight as “in whatsoever way;” better,
“ in any case ” or “in either case.”

2 This election has presumably been influenced by the use of “ however”
to introduce concessions; e. g. “ However much the cable was strained it
did not break.”

3 Such reversal may seem at first thought difficult. It is however ac¬
complished by every passive verb; e. g. in the active voice the verb “ em¬
ploy ” names the relation of employer to employee; thus, “A employs
B.” In the passive, the same verb names the reversed relation of em¬
ployee to employer; thus, “ B is employed by A.”

Single Relations Between Thoughts.

41

following substantive clause as its direct object. The preposi¬
tion “ for ” names a relation of effect to cause. That is, the en¬
forcement to farm is “ for, ” or “ from, ” or “ on account of ” the
lightness of coffers. The relation-naming preposition and its
object form an adverbial limiter. Thus, the causal sentence is
an adjunct of the effect sentence. Such is the case, also, in the
example: “ I like him for he is kind.” That is, I like him on

account of his being kind.

But frequently this structure is replaced by another very dif¬
ferent. The effect, e. g. my liking him, is first stated alone;
thus, “ I like him. ” Then follows the cause stated alone, but re¬
garded as explanation of the preceding effect-sentence; thus,.
“For he is kind.” It is now no longer proper to regard the
last sentence as meaning “on ‘account of his kindness.”1 “ His
being kind ” is, rather, now the dominant thought. And any
relation between his kindness and my liking must be conceived
in such an aspect that it may stand naturally as an adjunct
to “ his being kind. ” That is, this relation must, according to
the chosen habit of language, be reached by a mental transit
which starts with his kindness and ends with my liking. The
relation thus established is that of cause to effect. In the pres¬
ent example, therefore, it is this relation which must be expressed
by “ for. ” Testing this statement by substitution, the follow¬
ing meaning results : “ I like him. Causatively or explanatorily

thereof he is kind. ” That is, his kindness is in the cause- to-
effect relation with my liking.

When “ because ” heads the second sentence, it has the same
value.

In connectives of this class it appears then that the relation
is, as usual, reverse. The connective makes, also, the usual re¬
instatement. This and relation, combined as adjunct, are treated
in the usual way.

(d) Relation of cowiter- cause to effect, employing the connec¬
tives NOTWITHSTANDING, NEVERTHELESS, HOWEVER.

For example: “I like him. Notwithstanding, he is unkind.”

1 Obviously, “ For he is kind ” might be taken as a mere supplement,
total value being the single thought: “ I like him for his kindness.” But
this meaning is not elected in the present case.

42 Owen — Meaning aud Function of Thought- Connectives.

The same reversal of values has occurred in this case as in the pre¬
ceding. Had the above been put as a single sentence, the value
would have been: “My liking is in spite of his unkindness.”
That is, my liking would be in the relation of effect to counter¬
cause with his unkindness. But in the actual form of the ex¬
ample there stands first an independent statement of my liking.
Then follows a statement of his unkindness. His unkindness
does not tend to produce my liking. Indeed, it tends either to
hinder this liking or to produce the opposite. The unkindness
therefore ranks properly, not as a cause, but as a counter-cause.
The value of the example then, taken in this sense, is as fol¬
lows: “ I like him. Counter-causatively thereof he is unkind. ”

Or “I like him. Unfavorably thereto, he is unkind.”1- That
is, unkindness is the starting-point in relation-formation; and
the relation is the opposite of that of cause to effect, i. e. coun¬
ter-cause to effect.

Relation then is of the usual type. It is combined with a rein¬
stated first thought as adjunct of a second thought. This adjunct,
as usual, appears as adverb to the verb of the second thought.

The word “ nevertheless” exhibits the present relation some¬
what more distinctly; e. g. “The wood burns badly. Neverthe¬
less it is dry.” Of this example I elect the following meaning:
“ The wood burns badly. Counter-causatively thereof it is dry. ”
The relation indicated is that of counter-cause to effect, the re¬
verse of the relation expressed by “ nevertheless ” on p. 37.
The present relation is as usual obtained by a transit from the
latter to the former thought and is combined with a reinstate¬
ment of the former thought. The combination, though adjunct
to the latter thought, is treated as an adverb of its verb.

“ However” agrees in meaning and function with “ neverthe¬
less. ”

It is evident that “ nevertheless ” in the last example may be
taken with an entirely different meaning, the total value in such

1 In another possible meaning of this example his unkindness is an effect
not overcome by my liking conceived as cause. This meaning may be ex¬
pressed by saying that “ I like him. In spite of my liking him he is un¬
kind to me.” This meaning which merely illustrates the relation of effect
to counter-cause is not elected in the present case.

Single Relations Between Thoughts.

48

case being “ The wood burns badly. In spite of that it is dry. ”
This interpretation brings us out of the field of external causa¬
tion into that of internal or mental causation. In this field the
ill-burning of the wood is a natural cause of the opinion that it
is wet. The opinion that it is dry subsists in spite of the rec¬
ognition that it burns badly. The example then illustrates the
counter-causative in the intellectual field of action.

I have not thought it necessary to discriminate between the
treatment, in causal relations, of the external and the internal;
for I see no cases in which treatment differs in principle. What
is known as the relation of “ G-rund und Folge ” or “ datum to
inference, ” I have then left undifferentiated from other causal re¬
lations. To one peculiar form of the mentally causal I however
invite passing attention, giving it the name, for lack of a bet¬
ter, of

CLASS VII. RELATION OF DECISION TO MUTUALLY CONFLICTING DATA.

This class employs the connective on the whole.

For example, “ X is polite, amusing, vain and fickle. On the
whole I like him. ” The connective is defined by Webster as mean¬
ing “ all things considered, ” “ in view of all the circumstances. ”
Or, more strictly, the final statement is in a relation of mental
attendance on all details of the preceding. That is, all are co¬
present in consciousness. This connective might be used when
all data favor the same decision. But as a matter of fact, and
indeed naturally enough, it appears to be employed only when
the data partly favor and partly oppose the decision. In such
case the speaker’s assurance that his decision is accompanied by
a consciousness of both favorable and unfavorable data is quite
in order. It is indeed natural to regard the following thought
as in relation, partly of effect to cause, and partly of effect to
counter-cause, with the preceding data. But it is more natural
to believe that the speaker’s opinion is in the single relation of
effect to cause with the resultant of the conflicting influences.
Or, letting the causes constitute a minuend and the counter-causes
a subtrahend, the remainder is cause, of which the decision is
effect. The thought-structure, in either view, is that employed
in the other cases considered. A full reinstatement, or a rein-

44 Owen — Meaning and Function of Thought- Connectives.

stated remainder, and a reverse relation combine as adverbial
adjunct in the last sentence.

I have not yet found any case in which the reverse of this re¬
lation is expressed by a thought-connective.

CLASS VIII. TIME RELATIONS.

(a) Precedence , employing the connectives previously, etc.

For example, “ He called on me. Previously he called on you. u

The idea of previousness has no practical value, unless accom¬
panied by that from which it is reckoned. The necessary sup¬
plement is obtained by reinstating the preceding thought. Ac¬
cordingly, in full: “Previously to” or, more simply, “before
his calling on me, he called on you. ” As usual, a reinstatement
and a reverse relation combine as the adverbial adjunct in the
last sentence.

(b) Contemporaneousness , employing the connectives at the
SAME TIME, SIMULTANEOUSLY, etc.

With these the linguistic method is the same, and does not
seem to require comment.

(c) Subsequence , employing the connectives subsequently,

LATER, THEREUPON, etc.

This case is the mere opposite of (a) and, as such, does not
appear to need examination.

CLASS IX. INDEFINITE RELATIONS.

This class employs the connectives now, then, etc.

These seem to be used, for the most part, to introduce a
thought conceived in a general way as in relation with the pre¬
ceding, yet without specification of a particular relation ; e. g.

“ Now Barabbas was a robber. ” So far as the unaided power of
“ now ” is concerned, it may mean “ explanatorily of the preced¬
ing, or antagonistically to the preceding.” Indeed, it is hardly
safe to say that the meaning is anything more than “ relevantly
to the preceding. ” That is, the last thought is, with the pre¬
ceding thought, in some relation. This relation is not partic¬
ularized and must be discovered by the hearer from the context.
The cause of such indefiniteness may often be found, no doubt,
in the mental status of the speaker. He has not himself estab¬
lished a particular, definite relation. He only perceives

Single Relations Between Thoughts .

45

that his exposition is incomplete without the introduction of
his last statement. That is, he perceives, merely, that there
is some sort of relation.1 Thought-structure is of the usual
type. What has preceded is reinstated. The reinstatement
and the general relation unite as adverbial adjunct in the last
sentence. The relation, as usual, is reverse.

CLASS X. FIGURATIVE RELATIONS.

This topic is suggested by the use of “ now ” in the preceding
example. “ Now ” strictly means “ at the present time. ” But
in common usage it has come to mean “ at the same time as some¬
thing else ” or “ immediately after something else.” That is, it
names a time relation. In the last example it evidently passes
from time relation to general relation.

Time relations are also notoriously prone to be misunderstood
as even causal, this fact giving rise to the dictum “Post hoc;
ergo propter hoc. ” In other words, the passage from time re¬
lations to other relations is so easy, that it is often made unin¬
tentionally. The frequent figurative use is, accordingly, not
surprising.

Space relations also have their figurative employment; e. g.
“ thereupon ” passes from space to time. Also “ further ”
passes from expression of increase in distance to that of augmen¬
tation in thought-total. Such change in value concerns rather
lexicology than thought-structure, and does not seem to require
investigation. For, though the meanings of connectives change,
their function appears to remain the same. That is, they are
found to combine, in both literal and figurative meanings, a
reinstatement and a reverse relation, as adverbial adjunct in the
last sentence.

1 There is a somewhat analogous tendency to use the forms of exact and
important relation even when the question may fairly rise whether any re¬
lation is conceived beyond that of mere co-presence in the speaker’s mind.
The abuse of “ thus ” and “therefore,” of “ hence ” and “ consequently ”
offers a notorious illustration. Similarly “ once upon a time ” goes through
the motions of naming a time. “ A certain man ” has the air of selecting
a particular person. Usage of this sort, the employment of definite names
for indefinite ideas or no ideas, I have elsewhere classed as counterfeit
symbolization.

46 Owen — Meaning and Function of Thought- Connectives.

II. MULTIPLE RELATIONS BETWEEN THOUGHTS.

Several relations obtain between a latter thought and one for¬
mer thought .

It is evident that more than one mental transit may be made
between the same two thoughts; that each transit may develop
a relation more or less different from that obtained by the others ;
that the speaker may elect to express more than one of these
relations ; e. g, “ A = B X C. Now therefore also C = A B. ”
“ Now ” indicates relation generally and serves as a note of warn¬
ing to watch for relation of a more definite character. “ There¬
fore ” names the effect-to-cause relation, which is obviously of
prime importance. “ Also ” ranks the following statement as
one of a group of truths — • puts it on a footing of parity with
its predecessor.1

To such heaping-up of connectives English is not particularly
prone. It is much more affected by Greek and German. Its
investigation promises much psychological interest, but is hardly
necessary to the present discussion; for the method pursued is
apparently the same, whether one or many connectives be em¬
ployed.

Several relations obtain , each between a latter thought and one
of two or more former thoughts.

It has already been noted that the connective may reinstate
part only of a preceding thought. Such use of the connective
lies without the present field. But it is interesting to observe
that this usage may coexist with that which has been specially
considered ; e. g. “ My brother being invited, declined. My
sister was most strongly urged. Nevertheless she also de¬
clined.” “Nevertheless” puts her declining as opposed to her

1 It is pertinent to ask, at this point, what, to the current understanding
of connectives, may be the motive for their simultaneous use. Is it doubt¬
ful whether the joining process will work? Is it sought to insure results
by a multiplicity of conjunctive efforts? Is language at the stage of develop¬
ment characterized in medicine by the use of the shot-gun prescription ?
Or is a single bond of union too feeble? Must it be supplemented by other
bonds of possibly equal weakness? Has conjunctive prudence learned of
the spider to strengthen its bond by multiplying cooperative filaments?

Serial Relations Between Thoughts.

47

being urged, reinstates the whole preceding thought. “ Also ”
can be taken only as reinstating a part of the first statement.
Accordingly one connective reinstates the preceding thought,
while the other reinstates a part of the thought before the pre¬
ceding.

Reference to different thoughts is also at least possible with
full connectives ; e. g. , “ My brother accepted. My mother greatly
needed help. But my sister also came.” That is, her coming
is put by "but ” as in spite of her mother’s need. “But” then,
reinstates the preceding thought in one relation. On the other
hand “also” groups her coming with my brother’s acceptance.
“ Also ” accordingly reinstates the thought before the preceding
in another relation. At least the sentence may be so inter¬
preted, which is all that the example is asked to show.

One relation obtains between a latter thought and each of two
or more preceding thoughts.

That is, the same connective may simultaneously reinstate two
different thoughts; e. g. , “He is old. He is also feeble.
Nevertheless he is active. ” The last statement may be taken
as meaning that he is active in spite of both his being old and
his being feeble.

One relation obtains between a latter thought and the total of
two or more former thoughts.

Thus, “ A is the father of X. X is the father of B. Or A is B’s
grandfather. ” The last statement means that “ A’s being B’s
grandfather is equivalent to the two preceding statements com¬
bined ” — but not to either alone.

So again “John is a man. All men are animals. Therefore,
John is an animal.” The syllogistic cogency lies in the rein¬
statement of both premises in the statement of the conclusion.

III. SERIAL RELATIONS BETWEEN THOUGHTS.

If now the preceding reasoning be correct, the connection
of thoughts appears in emphasized effectiveness, especially
in the expression of what is called connected reasoning. To
illustrate, let A, B, C etc. stand for a series of thoughts, say
n in number. The process of their expression is as follows.

48 Owen — Meaning and Function of Thought- Connectives.

First comes a sentence declaring A. Then follows a sentence
declaring B and, further, the relation between B and reinstated
A. Next appears a sentence declaring C and, further, the rela¬
tion between C and reinstated B. But the B which is on this
occasion reinstated, is a B which contained A by a previous
reinstatement. That is, C, in a way, contains both A and B.
And so also N, when reached, will be found to contain all the
thoughts from A to M inclusive. That is, by a series of rein¬
statements, the last statement of the series is made to contain the
last thought plus all preceding thoughts and their relations to
each other. And such, no doubt, is the thought actually pres¬
ent, at the end of an extended reasoning process, in the mind
of an intelligent reasoner.

The succession of thoughts is often called a chain. It were
better to compare it to the sphere-in-sphere of the Chinese carver.
The smallest sphere is contained in a larger, and that again in
one still larger, the outer sphere containing all the others by
successive inclusion.

Like this final sphere is the final thought in continued reason¬
ing. I do not mean that, as the complexity of the total
thought increases, each particular member preserves its original
distinctness of parts. Rather each thought, presented first
as a combination of elements, enters its successor as a unit, used
with other units to form a second combination. And this new
combination fading in turn upon the thinker’s consciousness,
its elements blend together till they also lose their discreteness,
appear as one, and as one form part of still another combina¬
tion.

But the last thought of the series contains some representa¬
tion of every preceding thought. In other words, successive
thought -connection is successive incorporation.

Madispn , Wis ., February , 1898.

Though attention has been confined to English, it may be added that the
connectives of other languages, so far as examined, seem without excep¬
tion to confirm the opinions advanced. Those of German in particular
(e. g. dagegen, dessenungeachtet) are conspicuously rich in elements of
unmistakably reinstative and relation-naming value.

THE FEE SYSTEM IN THE UNITED STATES.

BY

THOMAS K. URDAHL, Ph. D.

Part I. — Historical Review 0/ Fee Systems.

Part II. — The Present Fee System in the United States.

READ BEFORE THE WISCONSIN ACADEMY OF SCIENCES,
DECEMBER 28, 1897.

THE FEE-SYSTEM IN THE UNITED STATES.1

THOMAS K. URDAHL.

CHAPTER I.

THEORY OF FEES.

Adam Smith, in a chapter entitled “ The Revenue of the Sov¬
ereign or Commonwealth ”,2 takes up in order the various insti¬
tutions on which the state revenue should be expended, and ex¬
plains how some of them can be made partially or wholly self-
supporting. "As an example,” he says, "highways, bridges,
and canals can be kept in repair by tolls paid by the users.
Courts of justice and institutions of learning can defray at
least part of their expenses by fees.” In his conclusion he says:
" The expense of defending society, and supporting the dignity
of the chief magistrate, are both laid out for the general benefit
of the whole society. It is reasonable, therefore, that they
should be defrayed by the general contribution of the whole so¬
ciety, all the different members contributing, as nearly as
possible, in proportion to their respective abilities. .

The administration of justice may no doubt be considered
as laid out for the benefit of the whole society.

The persons, however, who give occasion to this expense and
* . . who are immediately benefited by this expense” may

properly be called upon to defray it by particular contribution,
that is, fees of court.

Again, the expense of maintaining good roads "is most im¬
mediately and directly beneficial to those who travel or carry

1 A thesis submitted for the degree of Doctor of Philosophy, University
of Wisconsin, 1897.

2 Wealth of Nations, Book V, Chap. I, Part 4.

4

50

TJrdahl — Historical Survey of Fee Systems.

goods. ” The expense of these, as well as that of “ institutions
for education and religious instruction, may without injustice and
with some advantage be defrayed by such particular members of
society as are most benefited by them. ”

It is, therefore, clear that Adam Smith saw at the very out¬
set a plain distinction between taxes in the narrower sense, and
payments such as fees, tolls, court costs, and charges, which
may be called by the general term “fees.”

But this distinction between taxes and fees recognized by Adam
Smith, was entirely unnoticed by Ricardo, Mill, and the other
English economists succeeding him. Not until the doctrine of
Smith had reached the Continent and been elaborated by the
great German representative of his views, do we find the slight¬
est trace of the difference which he himself but faintly outlined.
A German writer, Rau,1 is the first to really put fees into a
category distinct from taxes. The cameralist Justi, 2 who
wrote at about the same time as Adam Smith, classified public
revenues into (1) Domain, (2) Regalia, (3) Taxes, (4) Casual rev¬
enues. The latter included prices and payments for special
privileges. Rau also divided the public revenues into four
classes; domains, regalia, taxes, and fees: and defines fees (Ge-
buhreri) in such a way, as to include many of the payments
classed by Justi in the fourth category.

Since the time of these authors no two economists have suc¬
ceeded in agreeing as to definition or content of this subject.
The existence of such a category seems with one or two excep¬
tions to be generally accepted by economic authorities. The
earlier writers generally treated fees partly as miscellaneous
or casual revenues and partly, also, as direct taxes. Although
Rau does not have the honor of being the first to recognize the
separate category, as has been asserted by some writers, he
was the first to apply the name Gebuhren to this category.

He defined Gebuhren , that is, “fees,” as “payments made on
occasions when the individual citizen comes in a special manner
into contact with a state institution or state court.”3 Stein, in

1 Allgemeine Steuerlehre , I, §§ 86, 227.

2 Finanzwissenschaft.

3 Rau, Finanzwissenschaft , I, 312.

Theory of Fees.

51

his first edition, defines fees as “receipts of the state for ac¬
tivity in the special interest of individuals. ” Both Rau and
Stein, as is evident from their definitions, did not consider re¬
galia, (payments for lucrative prerogatives), as fees, but placed
them in a distinct category. Stein, however, in his last edi¬
tion concedes that the regalia are a part of the fee system, but
holds that they form a class of fees by themselves, entirely
distinct.1

Roscher2 defines fees as “payments for individual govern¬
mental acts by the individuals who were indirectly the cause of
the act. ” And he limits this definition by holding that only
such acts are governmental as are done for essential state pur¬
poses ■, that is, in the interest of law and sovereignty; and, fur¬
thermore, only such payments are fees as do not exceed, at least
not greatly, the cost to the government of the services
rendered.

Schall3 asserts that the distinguishing feature of fees is that
they are connected only with those official acts which are per¬
formed for the realization of the essential state purposes, and
that the payments by the fee-payers must be gauged by the
value of the services of the public courts or officials. There is
thus a new element introduced, that of making the size of the
fee proportional to the service rendered by the government.
Stein, Rau, and Roscher asserted that the fees should be meas¬
ured by the cost , or expense , which the official act, in the inter¬
est of the individual, caused the government; and that the
payment became a tax in so far as it exceeded this cost.
Another element in Schall’s conception is that the quality of the
official act determines whether the payment is a fee or not.

Wagner4 says a fee is a “charge arbitrarily fixed in amount

Pfeiffer, I, 295, Staatseinnahmen , says that “fees are collected
from individuals for special benefits from those state institutions which
the state would be obliged to maintain even if no revenue were derived
from them, thus excluding all industries managed or established by the
government for the sake of industrial profit.”

2 Roscher, Finanzwissenschaft. Third ed., 98.

3 Schonberg, Handbuch , III, 105.

4 Finanzwissenschaft, II, 35.

52

TJrdahl — Historical Survey of Fee Systems.

and method of payment by the state, and collected from indi¬
viduals or groups of individuals for a special service rendered
them by a public body, designed to cover the outlay of the
government in the exercise of its functions in the public inter¬
est.” He draws a sharp line between fees and taxes, holding
that every payment which exceeds the cost of the service to the
state, is in so far a tax. But he says, the idea of service to
the individual must also be taken into consideration, although
he does not explain just what bearing it has on the question.1

Max von Heckel2 defines fees as " payments collected as a spe¬
cial remuneration for the official activity of public institutions,
which are carried on or performed at the request of individuals,
and limited by the state in degree and extent in accordance
with the service granted. ” And he explains that fees may be
fixed by two standards: first, the payment of the cost which
the services cause the government, and second, the worth or
value of the service to the individual. He even goes so far as
to hold that payments do not necessarily lose the character of
fees by exceeding the value of the service conferred.

Neumann3 takes a still broader view of the subject and holds
that “fees are payments which the state sovereignty exacts
from individuals for services rendered in their interest. ” : and
explains that they not only may exceed the value of the service
to the individual but in fact should often do so; that the ability
of the fee-payer and other considerations should be the controll¬
ing factor in levying them.

Schaffle4 recognizes a general category which he calls tax-
fees. These may be collected by the state from individuals on
occasions when they make use of governmental agencies or insti-

1 Finanzwissenschaft, II, 40-41.

Von Mayer defines fees as special duties to be paid on occasions when
public organs or institutions are specially called upon or made use of.
He agrees with Wagner in the main, and holds that the fee should as a
rule be fixed a little less than the average cost of the service and should
only partially cover the expense. — Worterbuch des deutsches Verwalt-
ungsrechts , I, 462, 466.

2 Handwbrterbuch der Staatswissenschaften, V, 703.

3 Jahrbueher fur National Oekonomie, 36, 494.

4 Orundsatze der Steuer-politik , pp. 51, 454.

Theory of Fees.

53

tutions which are of service to them. As a sub-class1 under the
fees he recognizes what he calls “fees in a more limited sense,”
which he characterizes as compensation for the expense of ad¬
ministration. ( Verwaltungs-fcosten-vergutungen .)

None of the French writers seem to have recognized fees as
any distinct category. Not even Beaulieu2 in his Science de
Finance considers them as a separate class, but treats of these
charges under other headings.3

The Italian economist Cossa4 gives some attention to them
and defines fees, costs, and Charges, as “ the remuneration for
special public services which are rendered to the private indi¬
viduals at their request. ”

We thus have all shades of opinion, from Professor Bastable,
who denies the existence of fees as a separate category, to
Schaeffie, who would include all the taxes on contracts and trans¬
fers, inheritance taxes, and so forth, under that heading. We
have assertions that fees should be levied according to the ser¬
vice rendered, or according to the expense to the government,
or according to the pecuniary ability of the fee-payers, or ac¬
cording to the principle of highest monopoly profit.

All prominent writers on finance seem to recognize, first, the
fact that the official activity may often further special individ¬
ual interests. But the concensus of opinion seems to be that
public activity should not be carried on purely for the sake of
such individual interests. All recognize further, that some
payment should be made to the state when it incidentally con¬
fers special benefits upon certain individuals. How such pay¬
ments shall be determined, how their amount shall be gauged,
and under what category in a classification of state revenues
such payments shall be placed, are questions which are still open.

1 Ibid., p. 496.

2 LeRoy Beaulieu . The early writer Parieu, III, 165, puts fees among in¬
direct taxes .

3 M. Besobrasof, in two articles entitled fhtudes sur les Revenus publics,
seems to recognize the essential difference between fees and taxes. See
page 44 of article published in 1866: Imp4riale Acad^mie de Sciences,
St. Petersbourg.

4 Taxation: its Methods and Principles, p. 36.

54

UrdaM — Historical Survey of Fee Systems.

A. BENEFIT, OR SERVICE, AS A FACTOR IN PUBLIC PAYMENTS.

“ In the first stages of development of the state,” says Vocke,1
” the possessors of power and the people stood opposed to each
other, but were still held together by certain common interests.
Agreements had therefore to be made from time to time, and
whatever lay beyond the lines of common interest, had to be
secured by certain counter-services.” Thus benefit came to be
the controlling factor in the imposition of all charges. The
state idea appears for the first time in the organized constitu¬
tional state. This recognized that the state does not exist for
its own sake, but for that of the governed, and hence that all
state services could not and should not be paid for by special
contributions. This paved the way for general taxes.

But long after the system of levying taxes according to
” benefits received ” had been abandoned in practice, it was
still clung to as a theory. And even to-day people can be
found who assert that taxes are or should be levied according to
the doctrine of equivalents. But theory has now progressed so
far that it is really in advance of practice.2 The old idea of
service and counter-service has been replaced by the modern
theory of “ equality of sacrifice ” and “ taxation according to
ability to pay.” Benefit, however, is still an important factor
in a large number of charges known by various names in dif¬
ferent countries. In the United States this element enters into
two distinct classes of revenues, designated by the headings,
special assessments and fees.

In order to ascertain the scope and characteristics of these
categories, we must compare them with other classes of reve¬
nue which they resemble, and with each other.

B. FEES DISTINGUISHED FROM TAXES.

Fees and taxes are alike in that they are both compulsory
payments made to the state in order to enable it to carry on its
functions. They are furthermore alike in that the amount of
each is fixed by state authority. Both may be manifestations

1 Die Abgaben, Auflagen , unddie Steuer, p. 365.

2 Rosewater, Monograph on Special Assessments, Columbia College
Studies, II, No. 3.

Theory of Fees.

55

of the taxing power, because they are compulsory contributions
arbitrarily levied by the sovereign. But a tax is a “one-sided
transfer of goods or services” ;* a fee is not. The latter is in
the nature of an exchange or sale, in that there is special bene¬
fit to the individual, for which the fee is paid.

The idea of benefit is of course present in a tax, but it is al¬
most wholly public benefit. The benefit to the individual may
be great or small without changing the amount of the tax which
he pays. In other words, the benefit accruing to the individual
from a tax cannot be measured, and if it could, no system of
taxation could be based upon it. Taxes are based on the indi¬
vidual ability of the tax-payer. It is no objection to a tax,
that the payer receives no benefit from the burden, nor does it
change the nature of the payment if such is the case. While
a payment ceases to be a fee the moment the special services
cease.

Particular advantage to an individual may exist in a tax, but
that does not increase or diminish the share of the tax-payer;
while, in the case of a fee, the particular advantage is the very
reason and justification of the payment. Many writers lay em¬
phasis on the fact that the fee should not exceed the cost to the
government of the particular services rendered to the individ¬
ual. Wagner and others maintain with very plausible argu¬
ments, that, as soon as a payment exceeds the cost of the serv¬
ice, just so soon does it cease to be a fee and becomes a tax.

In some cases this is true; but cost is not always the stan¬
dard according to which fees may be gauged. It is applicable
only where the government exhibits some positive activity for
which the payment is made. In other words, it can be applied
in those cases only where the value of the services resolves
itself into, or is measured by, its cost.

Value, as we know, is fixed by marginal utility. The utility
of a commodity to an individual is measured by its uses, that
is, by the amount of benefit which he thinks he is about to ob¬
tain from it. In all competitive enterprises in which the com¬
modity is reproducible at will, it is generally agreed that the

1 Ely, Taxation in American States and Cities , p. 6.

56 Urdahl — Historical Survey of Fee Systems.

marginal utility is fixed ultimately by the cost of production.
But we have seen that the utility of an article is equal to the
benefit which the individual obtains from the commodity. If
this is so, then benefits to the individual and cost are identical.
This must be equally true of service, whether the government or
private individuals be the producers. But it may be held, that
when the government produces a commodity or performs a serv¬
ice, it must necessarily be in the nature of a monopoly, unless
the competition is free. To be sure, this is in some cases true;
but the government does not necessarily charge a monopoly
price for its services, and in so far as it does, to that extent is
the individual paying a special tax instead of a fee. It is not
said, therefore, that the charge is illegitimate or unjust simply
because it has lost the character of a fee. Suffice it here to say
that, in all cases where the government furnishes a service or
commodity which it can reproduce indefinitely, the payment
loses its character as a fee and cannot be justified as such the
moment it exceeds the cost to the government. An illustration
will explain this more fully: —

It is not necessarily warmer in a room because the mercury
rises in the thermometer, yet we regulate the furnace according
to the height of the column. In the same way, the charge does
not become a tax because it exceeds the cost of the service, but
because the cost, like the thermometer, is an index of the amount
of benefit or value which the public service yields to the indi¬
vidual.

Experience has shown that there is a large number of enter¬
prises which may be termed natural or economic monopolies.
In these the public has usually a deep interest, from the fact
that the commodities or services supplied by them are, as a rule,
public necessities. Public policy or public interest therefore
requires that the enterprises be regulated by the government,
or taken entirely out of private hands and managed as public
concerns under government ownership. If this is the case, it
is understood that the principal reason for undertaking the en¬
terprise is the general public policy or public welfare.

But the individual citizen has an individual, private interest
which is either promoted or not. Public welfare may demand

Theory of Fees.

57

that the service should be furnished for exactly what it costs,,
that is, that each individual pay for the special benefit he re¬
ceives, and no more, as in the case of our Post Office. The pay¬
ment then is a fee. The same public welfare may demand that
the government derive as much revenue from an enterprise as
possible. As an example may be mentioned the tobacco monop¬
oly in France, where the special tax is as easily justified as the
sale of two cent postage stamps by our own government. We
can therefore find all kinds of charges ; from the pure taxes of
monopoly, to the free goods furnished to the individual at state
expense.

C. LICENSE FEES.

Fees are not only paid for benefit actually received, but are
often paid in anticipation of a benefit which is expected in the
future. The latter is generally in the nature of a privilege.
As Professor Seligman puts it:1 “The particular thing done
by the government in return for a fee may be either the dis¬
play of some positive energy, as in furnishing a water-supply,
or it may be simply permission to do some thing. The govern¬
ment may create direct utilities, or it may permit the individ¬
ual to create utilities; but in each case it demands a return for
the privilege. ”

Fees are therefore not limited to charges which are fixed by
the government according to the cost or expense involved, but
they include a number of payments in which the cost is of minor
or no importance. Such charges are popularly known as licen¬
ses, or license-fees. It is obvious that these cannot be measured
by the cost to the state, because the privileges, immunities, or
exemptions granted, cost, as a rule, almost nothing. The rea¬
son why cost cannot be made a standard of measurement in
these cases, is because cost here does not correspond to the
special benefit to the individual. The costs often amount only
to the expense of making out the written instrument and con¬
veying the license; and this fact is often recognized by charging
an extra fee for it and another fee for the license proper. In

1 Essays in Taxation, p. 278.

58

Urdahl — Historical Survey of Fee Systems.

all such cases the fee cannot exceed the value of the privilege
or exemption granted by the public body. The payment, there¬
fore, is based on the theory of equivalents.

But what is the equivalent which the liquor-dealer gets in
return for the $200 or $500 license fee which he pays? Judge
Cooley 1 and others say it is the expense which the state must
undergo in order to regulate his business, and to estimate this
expense “ it is reasonable to take into account all the incidental
consequences that may be likely to subject the public to cost ”
(such as prevention of resulting crime and disorder). Professor
Seligman 2 does not go so far; but thinks that high liquor li¬
censes undoubtedly must be considered as taxes, because there
is no way of finding out how much pauperism and crime is due
to the liquor traffic, and how much to other things. With
slight modifications this view has apparently been accepted by
many of the modern writers on Finance.

But is this view correct, if we accept presence or absence of
benefit as the feature which distinguishes fees from taxes?
Does the licensee get more benefit from the fact that the govern¬
ment spends more money to regulate his trade? It seems per¬
fectly evident that such is not the case. But the real benefit
which a licensee gets from a license, may be ascertained in an¬
other way.

Suppose a license charge is so small that it does not drive
any competitors out of the business, and, on the other hand, does
not result in an increase in the retail price of the commodity
sold. It is then perfectly clear that the burden of the charge
must fall on those engaged in the business. But suppose that
the charge is so high that one half of those engaged in the busi¬
ness are compelled to abandon it. Assuming that the retail
price remains unchanged, the first thought would be that those
paying the license charge would still be the bearers of the bur¬
den. But a more careful consideration will show that such is
not the case. On the contrary, it may often happen that those
paying the license charge gain more than the amount paid, in

1 Taxation, p. 598.

2 Essays in Taxation , p. 281.

Theory of Fees .

59

increased business; because the customers of all those who were
compelled to close their doors, will virtually be transferred by the
high license to the surviving retailers. Under this assumption,
it may thus happen that many of the high liquor licenses are
not taxes at all, but fees; because they are payments for what
may be termed partial monopoly privileges. This conclusion is
amply illustrated by the fact that many of the owners of the
large saloons in some of the great cities openly favor high li¬
censes in preference to low charges. This conclusion cannot be
carried too far, however; other elements must be taken into
consideration. If the charge is made high enough, it is very
likely to result in an increased price and, in that way, to be
shifted to the consumer. It then has all the characteristics of
an indirect tax. But this throws no light on the question as to
whether the charge is a fee or a tax. It may be a tax on the
dealer, even if the consumer goes free. If the charge is in¬
creased indefinitely, it will ultimately become a tax either on
the one or the other. When, then, the increase in the amount
of the charge fails to drive any dealers out of the business; in
other words, when it ceases to turn over to those paying the
charge enough customers to counter-balance the payment, then
the point is reached where the payment ceases to be a fee. The
transition, therefore, of fees into taxes is brought about by the
loss of the idea of service, or by the charge being made so
great as to exceed the benefit conferred.

D. LICENSE FEES DISTINGUISHED FROM SPECIAL TAXES.

In special taxes the government attempts to do some special
thing for the community, but the individual bearing the tax is
not necessarily guaranteed a share in it. A property owner
pays a special school tax, whether he makes use of the schools
or not. Although there is some benefit derived from the special
tax, provided he makes use of the schools, still that is not the
reason or justification for its collection; while in license fees
there is always a special benefit, the value of which the fee
does not exceed. If the charge is greater than the benefit, then
it becomes to that extent a license tax. When a charge is im-

60

Urdahl — Historical Survey of Fee Systems.

posed to carry on a business which before was open to anyone with¬
out a license, and it is not imposed to cover cost of regulation
or other governmental expenses which are of real benefit to the-
licensee, then the charge is a license tax; and not a fee in the
true sense of the word.

E. FEES DISTINGUISHED FROM SPECIAL ASSESSMENTS.

Fees and special assessments have so many points of similar¬
ity that most of the German writers have made assessments a
subclass under fees. Only one German writer 1 has placed them
in any distinct category. Both fees and special assessments
are based on the doctrine of special benefits. In both cases the
payer receives an equivalent for his payment. Furthermore,,
both are payments which in no way displace taxes or exempt
from taxation. The direct tax will be exactly the same,,
whether an individual pays a heavy special assessment or num¬
erous and large fees during the year. Neither fees nor assess¬
ments are levied according to the ability of the payers. The
objective features of the service rather than the subjective
ability of the payer, must be taken into consideration.

Due attention must, no doubt, be given in all fee and special
assessment legislation to the considerations emphasized by Neu¬
mann 2 in his article entitled “Taxation according to ability to
pay, ” namely, the effect of a high or low fee on the demand
for the service; the relation of demand for the service to the
supply of the same ; the relation of increased demand for a serv¬
ice to public health or general welfare; the relation of cost of
a service to an increasing demand and so on. But none of
these can be taken as a general guide, by which to regulate the
amount which should be charged for a public service. None of
them can hold the same place in fee-legislation that “ ability to
pay ’’ does in tax-legislation ; nor can any characteristic or con¬
dition of the payer be made the criterion by which the size of
fees in general can be fixed.

1 Neumann; Die Steuer und das offentliche Interesse , pp. 327, 334.

2 Die Steuer nach der Steuer fdhigkeit. (Jahrbticher fiir national
Oekonomie, 36, p. 499.

Theory of Fees.

61

la both fees and assessments the element of public purpose
may be present in the consideration rendered as an equivalent.
Neither is collected primarily to procure revenue to defray ex¬
pense of government, but both are levied normally to pay for
the cost of services or improvements given by the government.

But the differences are just as striking. Special assessments
are levied on the owners of property in fixed local territorial
districts for benefits accruing to the property as a result of pub¬
lic improvements; while fees are levied on no class in particu¬
lar, but on individuals, and are returns for any public benefits
or services to the individual, whether it affect his personal prop¬
erty, real estate, or anything esteemed of value. In special as¬
sessments the total sum to be collected is absolutely fixed and
determined upon beforehand; while the revenue from fees de¬
pends on various circumstances, such as general prosperity,
condition of markets, and so on.

We have thus briefly summarized the distinctions between
fees, taxes, and special assessments. It must be remembered,
however, that in a large number of fees there is no practical
method of measuring accurately the special benefit; hence the
government is forced to fix the fees arbitrarily. The practical
distinction will therefore be the intention or the motive of the gov¬
ernment.1 If it levies merely a counter payment for its estimate
of the roughly measurable special benefit, then the payment is
a fee; while, in case of a tax, it arbitrarily decides to use the
opportunity of exacting some revenue without reference to the
special benefit to the tax-paying individual.

In drawing the line of demarcation between fees and taxes, it
is not said that the charges should never be so high as to be¬
come a tax. In fact it is sometimes desirable and proper that
such taxes should be levied. Take a high liquor license as an
example. There is no doubt that, if it be made high enough, it
become a special tax; but it may be the very best kind of a tax,
in that it is easily collected and discourages the consumption of
spirituous beverages. Still, the distinction between fees and

1 So held in the case of Harmon v. City of Chicago {Sup. Court Bep .,
XIII, p. 306).

62

Urdahl — Historical Survey of Fee Systems.

taxes is of vital importance, inasmuch as each must be levied
according to an entirely distinct set of economic and financial
principles. A fee should be judged distinctly as a fee; a tax
should be levied according to the principles of taxation.1

F. PUBLIC PURPOSE IN FEES.

Professor Patten 2 says : “ The test of a good tax is that it

creates more wealth than it destroys. If the courts, post office,
parks, gas and waterworks, street, river and harbor improve¬
ments and the public works do not increase the prosperity of
society, they should not be conducted by the state. ” So the es¬
sential justification of fees must be found in the existence of
many public activities and their effect upon individuals.

The tendency of public activity in modern times is in two di¬
rections: (1), limitation; (2), extension. It is toward limita¬
tion in that all those public activities which are not actuated
by the motive of public purpose, are gradually abandoned to
private initiative; for example, the manufacture of gunpowder.
The tendency is toward extension in that activities and institu¬
tions which at first were left entirely to private enterprise, are
changed into public institutions or industries. The reason for
the change is that the public has gradually acquired a greater
interest in the institution, until finally it is deemed advisable

1 These distinctions between fees, special assessments, and taxes are
essentially the same as those outlined by Professor Seligman in his
Essay on the Classification of Public Revenues. But the general
application of the theory of special benefit, especially in its relation to li¬
cense fees, is radically different from the view taken by Professor Selig¬
man; because he seems to forget that cost here cannot represent the meas¬
ure of the special benefit to the licensee. (Ibid., p. 281.) In the same way
his contention, so frequently emphasized, that special benefit to the indi¬
vidual tends to disappear wherever the payment made therefor exceeds or
falls short of the cost of the service, is, when analysed, simply a return to
the old theory that costs determine the existence and size of fees. By re¬
fusing to recognize the existence of a special benefit where the charge does
not equal the cost, Professor Seligman really makes cost the criterion;
though he claims throughout that special benefit is the controlling consid¬
eration .

2 Dynamic Economics, p. 104.

Theory of Fees.

63

to take it entirely out of private hands. An invention of great
social importance, a change in the habits and standard of life
of a class of people, or the rapid growth of a city, are all
factors which may necessitate the peformance of certain duties
by the state, in which, but a short time before, the element of
public purpose was of little importance or almost wholly lack¬
ing.

We may therefore have public institutions with all the vary¬
ing degrees of public purpose present, and the charges should
then be diminished as the latter increases.1 The greater the
measurable differential gains to the individual and the more the-
costs of these activities are increased, the higher ought the
charge to be.

On the other hand, the more the object of public interest2 en¬
ters and the more the differential gains to the individual disap¬
pear, the lower the fees ought to be.

In a progressive nation, that is, one whose economy is dy¬
namic, the tendency is to extend the fee system so that competi¬
tion prices will gradually be displaced by fees. Within the bound¬
ary which separates fees from taxes, there is a large field within
which the size of the individual fees must be fixed. The power
to do this must be left to the discretion and judgment of the
legislator and the administrative official. By these the welfare
and interest of the general public must always be kept in mind.
Though complete remuneration may be justified as far as the in¬
dividual is concerned, yet the public welfare may demand that
it be less. The Post Office does not exist only for the benefit
of those who use it. Its influence goes farther. Its greatest
service is perhaps the commerce it creates, “by bringing differ¬
ent sections into closer contact.’’ Street car service is of im¬
portance, not only to those who make direct use of it, but to

1 Seligman, Essays in Taxation , pp. 296-7.

2 “Public interest,” or “ public purpose,” here means that public wel¬
fare demands that the services furnished by the institution in question be
as generally utilized as possible. In granting the privileges for which
license fees are paid, the public purpose is therefore less, because the ex¬
press purpose of the license charge is usually to restrict the number exer¬
cising the privilege.

64 Urdahl— Historical Survey of Fee Systems.

the entire city when the public welfare is considered; since
rents are reduced, better sanitary conditions are obtained by the
opening of suburbs, and so on. Finally, perhaps the most im¬
portant of all, the public schools are of value, not only to the
pupils who gain instruction, but the welfare of the whole nation
depends upon their activity. It is therefore justifiable to charge
no fee for their use. In the same wav the low postal charge on
printed matter may perhaps be justified in the interest of edu¬
cation.

The tendency in modern times is to increase the importance
•of public purpose and therefore to decrease the fees; in many
cases to such an extent that charges entirely disappear. The
sphere of public goods, or free goods, as they have been termed,
is gradually widening. Free public schools, free public libra¬
ries, public parks, free concerts are, all of them, public institu¬
tions which but a short time ago were not free, but were gov¬
erned on the principle of service and counter-service; in other
words, were fee-collecting institutions. Many others are chang¬
ing in the same direction. Already, strong pleas have been
made for free public water-works, and lower fees in the admin¬
istration of justice, and even for free transportation.

It is therefore plain that the principles and rules which must
govern a system of fees are not absolute, but may and must change
from time to time or place to place. In other words, they are
historically relative to circumstances. They must be modified
in each country so as to keep pace and be in harmony with the
general development, with the legal and economic progress of
the nation. A system of fees applicable to one nation may not
be so to another.

The foregoing throws some light on one phase of the theory
of fees on which great emphasis has been laid by many of the
German economists, namely: that the term fees ” should be
restricted to such payments as are made for the services of in¬
stitutions which are absolutely necessary to the realization of
essential state purposes. It is contended that only those insti¬
tutions are essential which tend to preserve or further the ex¬
istence of purely state functions. In this way payments made
lor such services as are furnished by the Post Office, the gov-

Theory of Fees.

65

ernment telegraph, or railroads are supposed to be excluded
from the category called fees. From what has already been
said, it is perfectly evident that no hard and fast line can be
drawn between essential state institutions and others. The in¬
stitutions which may be regarded as absolutely essential at one
time, may not be so regarded at another; because the public in¬
terest or public purpose in the institution may be strong at one
time and then gradually disappear.

Thus Wagner has formulated his theory in such a way as to
include under this heading, not only payments for services of
institutions which are maintained for the realization of essen¬
tial state purposes, but also of institutions for the promotion of
civilization and general public welfare. He sees fit, however,
to exclude state railroads and other similar activities from this
class; and designates the government receipts from these sources
as income from industrial pursuits.1 He thus tries to find a line
of cleavage between public business and industrial undertakings,
a line which it is impossible to draw; because the relation of
the state to the various institutions is constantly changing.
“ The real consideration in the classification of public revenues,
is not so much conditions affecting the action of the government
or the kinds of business conducted by the government, as the
economic relations existing between the individual and the gov¬
ernment. ” 2 It is the relation of the special benefit which the
public service yields, to the price paid for such benefit, which
determines whether the amount paid is a fee, a price, or a tax.

G. METHOD OF COLLECTING FEES.

Fees may be collected either directly or indirectly. They are
collected directly by officials appointed for the purpose. Very
often the officials receive the fees as salary or remuneration of
office, after the manner of most of the court fees in the United
States. On other occasions they are collected directly by offi¬
cials and turned into the treasury from which again they draw
a fixed salary. In some European countries the official is al-

1 Finanzwissenschaft , II, 41.

2 Seligman, Essays in Taxation , p. 293.

5

I

66 Urdahl — Historical Survey of Fee Systems.

lowed to retain a certain per centum of all fees collected by him,
so as to insure the rigid enforcement of the law.1 There are a
large number of services which are of so heterogeneous a char¬
acter that it is impossible to classify them definitely. In such
cases direct collection is absolutely necessary.

The indirect method of collection has become extremely im¬
portant in most civilized countries of to-day. This is by means
of stamps. It must be evident at the very outset that all stamps
are not fees. The very term “ stamp-tax, ” with which we are
familiar, indicates that something more than fees has often been
collected. The collection of taxes and fees by means of stamps
is said to have originated in Holland, when that country was in
the midst of its war with Spain;2 and it was soon introduced into
nearly every country in Europe. At present nearly every civi¬
lized country obtains considerable revenue in this way. These
receipts include both fees and taxes which have the common
property, that they can be conveniently collected by means of
stamps. The advantages are, that elaborate computation by
the officials is done away with; and the complicated system of
book-keeping which this necessitated, is avoided. They are
economical both to the government and the public. To the lat¬
ter, they save all the trouble and the time which a visit to a
public official would involve. The computation and payment of
stamps must be done by the public, and is therefore, as Roscher
says, “ a kind of self-government ” ; but it is also accompanied
by the disadvantages of self-government, in that it requires an

1 The political corruption which this method of collecting fees has re¬
sulted in, will be treated of subsequently.

2 In 1624 the authorities of Holland offered a prize of a certain sum of
money to anyone who should provide a scheme for a new system of taxa¬
tion. The prize was awarded to the originator of stamps. Fouquet, dur¬
ing the Fronde troubles in 1651, introduced stamp- taxes in France, and the
system was still further extended by Colbert in 1693. Denmark levied a
stamp- tax in Schleswig-Holstein in 1657 and introduced it in the home
country in 1660. Prussia learned to make use of the new tax in 1686, and
England followed in 1694, with a general stamp act which took the place
of the law imposing court fees. Russia, in 1699, was the last to adopt it.
Roscher, System der Finanzwissenschaft, p. 110; Stengel, W6rter -
bueh der deutschen Verwaltungslehre, II, 544.

Ancient and Mediaeval Europe.

67

elaborate system of laws fixing penalties for a violation of stamp
acts, and providing nullifying acts in case documents are un¬
stamped.

When individuality in public acts begins, and classes which
may be represented by typical acts or measurements disappear,
then the stamp must give way to direct collection. Von Heckel 1
says : “Asa system of fees developes and differentiates, the fees
on documents, as such, will gradually change to fees on official
acts ; general fees will become special fees and the collection of
fees by stamps will tend to disappear or be displaced by lump-
payments. ” As an example may be mentioned the Bank of Eng¬
land, which pays £60,000 a year in lieu of fees.

CHAPTER II.

GENERAL SURVEY OF THE FEE SYSTEM IN EUROPE.

Attention has been called by various writers to the fact, that
taxation in the modern sense of the word, is almost entirely a
product or development of the last few centuries. Not so with
the fee system. Payments which resemble and possess the na¬
ture of fees, may be found in almost every government of which
we have any knowledge. Although, perhaps, no definite relation
can be traced between our fees of to-day and those of Greece
and Rome, still the close connection between our civilization
and the institutions of the past, makes it imperative, that some
attention be given to the history of the fee system in Europe.

GREECE.

Greece is clearly the first and foremost of the nations of anti¬
quity, not only in civilization but, in a certain sense, also in
political capacity. Her institutions and laws were studied and
utilized by the Romans and have even been imitated down to

1 Handworterbuch der Staatswissenschaften , V, 708.

68 Urdahl — Historical Survey of Fee Systems.

the present. Her system of courts and their administration
was at one time as efficient and elaborate as many in existence
to-day.

When the Athenian citizen brought his suit in a Greek court
of justice, he was first required to deposit the pryta?iia, a sum
of money corresponding to our docket fee, intended to cover the
cost of the trial. In amount they were roughly graduated ac¬
cording to the size of the sum at stake. These prytania were
originally intended as the compensation of the judges, but were
subsequently paid to the state, which in turn remunerated the
judges with salaries.1 If either party wished to appeal the suit
to a higher court, it was required to deposit the paracatabole ,
a fee similar to the prytania. Costs^ parastasia , were charged
to the losing party, at the conclusion of a trial, and paid over
to the winner. Besides this there were the epobelia , the nature
of which is little known. During the Athenian supremacy
court fees are reported to have been an important source of
revenue, because all the allies had to take their suits to Athens
for trial.

Harbor fees were no less developed than the Greek court fees.
As soon as a vessel entered one of the far famed harbors, on
which the Greeks had expended so much care and money, it was
met by the harbor master and required to pay its harbor fee. .
If it happened to be a merchant vessel, it was required to pay
another fee for permission to unload at the public wharves and
a ware-house fee for depositing goods in ware-houses.2.

Furthermore, we find a developed system of market fees
charged in Athens for permission to enter the public market,
for permit to occupy a stall, and for permits to foreigners to
sell. Here also were charged license fees for permits to quack
doctors, jugglers, performers of various kinds, and prostitutes.
The protection of the merchant-men of Greece required a large
fleet of warships, which were supported by Athens. For the
protection thus afforded, the allies were expected to pay an¬
nually a fixed tribute into the Athenian treasury.

The Athenian tributes had therefore, to some extent at least,

1 Meier SchOnmann, Der Attische Process , II, 948.

2Boekh, Saatshaushalt der Athener.

Ancient and Mediaeval Europe.

69

the nature of fees granted for services. Taken as a whole, the
Greek fee system was, like Greek civilization, far in advance of
any other produced by the nations of antiquity, and may even
be compared with those of the nineteenth century.

ROME.

The financial, problem which confronted Rome and her people,
after she had become mistress of the Mediterranean, was far
different from that which the Greeks had met and partially
solved. The coffers of Rome were filled to overflowing with the
tributes and plunder of conquered nations. She was not there¬
fore compelled to devise schemes for making her offices self-
supporting. Thousands of captives were each year brought
home to be used by the state as slaves, many of them as clerks,
recorders, and copyists in the public offices.1 The state was
thus enabled to furnish its services to its citizens for nothing,
and as a result the fee system was comparatively unknown un¬
til long after Rome had reached its zenith.2 A noteworthy ex¬
ception is in the Roman temples.3 Many of these required the
attendance of numerous priests and vestal virgins. The volun¬
tary contributions which were at first made by worshippers,
becoming gradually compulsory and fixed by custom, were at
last collected in the form of admission fees from all who wished
to enter. For permission to approach the altar, a special fee
was charged; and a permit to sacrifice required a third pay¬
ment into the temple-chest, or treasury. At the time of the
great festivals and religious ceremonies many of the temples
obtained large revenues from these sources.

In civil cases4 a fee corresponding to the Greek prytania
originated very early in the history of Rome, and was called sac -
ramentum 5 but later it was regularly known under its Greek desig¬
nation. The etymology of the word, sacr amentum, shows that it
was originally a pledge presented to the temple or, at least, en-

1 Mommsen, Romisches Staatsrecht, I, 239.

2Seyffert, Diet. Class. Ant ., p. 55.

3 Mommsen, II, 62-65.

4 Wagner, Finanzwissenschaft. II, 52.

6 Mommsen, II, 65.

70

Urdahl — Historical Survey of Fee Systems.

trusted to it for safe-keeping. At first it consisted in five sheep
or five oxen according to the value of the object in dispute. These
were commuted later on into money payments. If the sum in
litigation was less than 1,000 drachmae, about $300, the fee was
thirty drachmae, or I9.1

When the enormous revenues from conquered empires began to
flow into Rome, pressure was at once exerted to secure free serv¬
ices of various kinds. As a result, we see the citizens of Rome
furnished with almost every kind of public services at the ex¬
pense of the imperial treasury. Increasing density of popula¬
tion necessitated the employment of more public officers, some
of whom were paid out of the public purse, while others held
honorary offices, with public slaves to do the work. The public
Tabularius, corresponding to our Register of Deeds, or Recorder,
employed a whole army of clerks, excerptores , who were either
slaves or freedmen.2 3 Still the custom of paying sacramenta had
become so firmly fixed that it was continued even during the
period of Rome’s greatest prosperity. No other judicial fees
appear to have existed for any period of time. Any citizen
might prosecute a criminal trial at the expense of the state;
but in case he did not succeed in getting the verdict of at least
one-third of the judges, he was obliged to pay a fee in the na¬
ture of a fine.

As soon as the streams of tribute ceased to flow into the
imperial city, financial troubles began. Attempts were made
to raise money in various ways. Vectigaliaf or taxes, and tolls
of various kinds were levied. Pees were charged for the use of
water- works, 4 when utilized for private purposes; although the
public fountains in the streets were free. Permits to use sew¬
ers were paid for. Various administrative fees developed, in the
form of charges for numerous services, real or imaginary, which
were performed by the government. Probate fees, which at
first were moderate, were exploited more and more, until it was
at last declared that no will could be legal and be executed in

1 Sevffert, Diet. Class. Ant. p. 551.

2 Mommsen, I, 251-259. Humbert, I, 230.

3 Humbert, Fssai, I, 407.

4 Mommsen, I, 416-478; II, 1006.

Ancient and Mediaeval Europe.

71

Roman courts which did not bequeath a legacy or percentage
to the emperor. The magnificent Roman highways, although
built at public expense, were to be repaired by the municipali¬
ties. To meet these expenses they levied road-tolls for their
use.

During the decline all fees were used as instruments of extor¬
tion and oppression. Accounts were rendered to the senate,
but these were such merely inform.1 Defalcations became uni¬
versal owing to the lack of administrative control; and, as one
writer puts it, “ Rome perished by reason of her finances. ”2

About the time of Trajan markets increased in importance from
a fiscal point of view. Fees were charged for admission, for per¬
mits to occupy stalls, and other market privileges. At the time
of Constantine we find fees paid for license to carry on certain
occupations. This system once established was extended until, at
last, fees were charged for the privilege of carrying on almost
every known art and trade.

C. PERIOD OF CHARLEMAGNE.

The tax system of the Romans tended to disappear among the
Franks, and was gradually replaced by the toll-system, which
is said to have existed in Gaul at the time of the conquest. A
manuscript of the year 681 names, among others, the following
tolls :3 pulveraticus, or road-toll ; rotaticus , wheel-toll ; ripiti-
cus , river-toll; saumaticus, toll for pack animals; and so on.4
The markets of the period, which were held at the great relig¬
ious or church gatherings under the supervision of the bishops,5
and at the royal courts, were regulated by the king, who col¬
lected market fees for various market privileges.6 The right to
coin money was early made the occasion for the exaction of seign¬
iorage. This was often collected by and for the benefit of indi¬
viduals to whom the king granted the privilege.7 The right to

^aboulaye, Essai sur les Finances des Romains , p. 62.

2G. Humbert, Essai sur les Finances des Romains , I, pp. 166-167.

3 Waitz, IV, 46.

4 Brunner, Deutsche Rechtsgeschichte, II, 239.

6 Waitz, IV, 46, 92. 6 Waitz, II, 47-58.

7 Waitz, IV, 80-82.

72 Urdahl — Historical Survey of Fee Systems.

fish and hunt were at first privileges attached to the ownership
or possession of the soil; still the king had often these rights
reserved to himself, and instances are not wanting where he
granted these rights away in certain localities for fixed pay¬
ments.1

When Charlemagne had consolidated his immense empire, he
turned his attention to internal improvements. Bridges were
built, roads laid out and improved, lighthouses established on
the Gallic coast, harbors and dikes were made and repaired,
and even a canal was planned and begun, from the Rhone to the
Danube. With his efficient centralization of political power, he
was able to levy and collect fees for the use of these improve¬
ments.2 In time the repairs were required to be made by the
localities while the fees still continued to be collected for the
king. Pirates were brought into subjection and protection
offered to merchants. For this they were required to pay fees
roughly proportioned to their profits. Jews were also granted
privileges and protection by a sort of license, Schutzbrief, for
which they were charged payments in the nature of fees.3 * * 6 The
well-known Wehrgeld of the middle ages was also of this charac¬
ter.* Fees for protection and privileges were also paid by mon¬
asteries and individuals, for whom the king appointed one of
his lieutenants to act as protector. In earlier times there were
even two protectors appointed, one against the Goths and the
other against the Romans. Each was supposed to be recom¬
pensed for their services by their proteges.*

In Charlemagne’s courts of justice, presided over by his missit
or local counts, the presence of a recording scribe or clerk was
required by law. He was appointed by the missi , and the court
fees collected by him were divided between the judge, the notary,
and the sheriff. In amount these fees varied according to local
conditions. The fine prescribed by the capitularies was divided

1 Waitz, IV, 115. 2Waitz, IV, 26.

3 Waitz, IV, 200-201; II, 55, 3-4. Payments called Friedensgeld, partly
in the nature of fees and partly in the nature of fines, were also collected.

Ibid., II, 535.

4 Waitz, IV, 275, 295.

6 Brunner, Deutsche Fechtsgeschichte, II, 51. Waitz, VI, 450-3.

Ancient and Mediaeval Europe. 731

when collected between the state, the missi , and the complain-
ing witness.1 The early law of the Franks required no official
recorder. His functions were performed by the servant or clerk
of the judge, and any one who was able to write might serve in
that capacity. As a result, there were no distinctively public
documents, as distinguished fronTprivate; and no fee or action of
a recorder could make a private doeument public.2 3 * * In Italy,
however, the clerk or recorder became early a part of the court, and
was just as necessary to its existence as the judge himself. The
signature of the clerk gave a legal sanction to every document.

D. THE TRANSITION FROM MEDIAEVAL TO MODERN EUROPEAN FEES.

After Charlemagne’s empire went to pieces, disintegration
set in and the royal prerogatives and other vestiges of central¬
ized power were swept away. When Europe emerged out of
the Dark Ages, entirely new conditions and customs had been
formed and crystallized, and scarcely any relics of the past could
be distinguished. The Feudal Lord who had absorbed many of
the powers of the earlier emperors collected all he could get for
the protection he afforded his dependents. The King, or sov¬
ereign, who was beginning to be recognized as the head of the-
state, became entitled to certain lucurative prerogatives which
were in the nature of payments for diverse privileges. The
treasures of the earth were his, and he might therefore charge
a sum or a fee for the privilege of mining. The game in the
forest and the fish in the sea were his property. Privileges to
hunt and fish were thus lucrative prerogatives. Similar pay¬
ments were made for using public harbors, for rights to trade,,
and numerous other privileges which belonged to the regalia of
the king. Fees were paid for a large number of permits, for
pass-ports,8 for permission to foreigners to work at trades, to
use the courts, and so on.

1 Altdeutsche JEteiehs und Gerichtsverfassung, 1, 170. Waitz, IV, 144.

2 Ibid, p. 527.

3 The modern passport fee was originally a payment for a personal escort

furnished by the lord, or the king, to merchants or travelers through a

country which was supposed to be unsafe . At first right to furnish such

74

Urdahl — Historical Survey of Fee Systems.

The state prescribed what weights and measures should be
used, and possessed the standard by which all others must be
gauged.* 1 Thus we find “ tronage ” collected in England at a
very early date from all foreigners who made use of the “Tron, ”
or great King’s beam.2 In the medieval law courts many fees
and charges were collected which have either disappeared alto¬
gether, or else been transformed into their modern equivalents.
An example of this is the fee long known as “ epices ” 3 which
originated in a voluntary contribution, made by the winning
party in a trial, to the judges. In course of time they became
so customary that the judges regularly demanded and collected
their epices before they would hear any case. Innumerable other
fees, or rather taxes, of this kind were everywhere collected un¬
der various pretences.

There is, however, one class of fees, the influence of which dur¬
ing the middle ages was so important that it requires special
mention. This class includes all the charges made by the var¬
ious trades and commercial guilds for privileges and preferments.
It was largely by means of these heavy fees and charges that
the great mediaeval corporations were able to maintain them¬
selves, and prevent the number of master workmen from becom¬
ing too large. Most of the workmen were kept as apprentices
in a subjection little better than slavery, because they were un¬
able to raise the money exacted by the guilds for promotion.
The expenses of passing from apprenticeship to comradeship,
and from comradeship to mastership, were enormous, especially
if the money value of commodities and labor is taken into con¬
sideration. The following are some of the fees collected on
such occasions:4 a royal fee, fee for registration, reception fee,

escorts belonged to the lord, as a territorial privilege belonging to the soil.
When the times became more peaceful, the written passport took the place
of the personal escort, and the gradually increasing power of the king led
to the transfer of this power to him. Handworterbuch der Staatswis -
senscahften , Supplement, 1897.

1 Waitz. IV, pp. 6,1-65.

2 Ashley, Eg. Hist. Eng., I, 21.

3Cheruel, Dictionnaire de V Institution, p. 359.

4Blanqui, Hist. Pol. Econ., p. 186.

Ancient and Mediaeval Europe.

75

police fee, fee for opening shops, honorary fees to the dean and
wardens, payment of the ushers and clerk of the corporation,
gratuities to the masters who were called to the ceremony, often
also fees in the nature of bribes to the judges.

These guilds, however, were not allowed to exercise this
power for nothing, but were often compelled to pay huge sums
to the King for their privileges. In the same way the great
colonial and commercial corporations of a later period paid large
amounts to the King for the privilege of governing and often¬
times plundering the colonies.1 The records of colonial misgov-
ernment show that these opportunities were not neglected.

The charges which indirectly proved perhaps the most burden¬
some of all, were the license fees which were paid for exclusive
rights of various kinds, usually monopolies. The sovereign,
always in need of money, would grant for a fixed sum the ex¬
clusive privilege to sell or manufacture, or trade in various
articles. Sometimes these privileges were granted to court
favorites, who farmed them out to others; and the latter then
extorted as much as possible from the people for their own bene¬
fit. Many of these licenses became of immense importance and
value. It is reported of Louis XIV that he granted a privil¬
ege of this kind to a courtier, supposing that it would amount
to a few thousand francs at most; which, when investigated,
was found to yield several hundred thousand francs. Numerous
mediaeval monopolies were a direct result of the road, bridge,
and river tolls levied on all goods transported from one locality
to another. These tolls were often so numerous and large as to
be prohibitory, and consequently an exemption from their pay¬
ment granted by the sovereign would lead to the establishment
of a burdensome monopoly.2

JThe “ joyeux avenement” collected at the coronation of each king of
France were regarded as payments for the continuance of the rights and
privileges held by the people under the former king. These charges origi¬
nated in the presents which in earlier times were given at the coronation
ceremonies.

2 The number of toll places on the Rhine increased from nineteen, at the
end of the 12th century, to sixty-four at the end of the fourteenth; on the
Elbe there were thirty-five and on the Danube, in Austria, there were

76 Urdahl — Historical Survey of Fee Systems.

Not only was a charge made for every service or activity of
the state or its servants on account of or in the interest of any
individual, but even the church had gradually come around to
the doctrine of equivalents; or, in other words, “No service
without a counter-service.

This condition, however, was not attained at a single bound.
Gradually the church had changed from the primitive simplicity
when it refused to accept any lands or other valuables, except
money, until the time when it would accept anything of value,,
from the last farthing of the starving beggar to the wealth and
lands of a dying king. Very little stress was laid at first upon
the doctrine of equivalents, but soon penances or pilgrimages
came to be prescribed for the atonement of sin. Little by little
these began to be commuted for money payments, from which
it is only a step to the absolute power of the church to absolve
from sin and its consequences. The sale of indulgences is nothing
but a payment in the nature of a fee for a privilege or service.
The old idea of voluntary contributions was almost entirely dis¬
placed by these counter-payments and taxes.* 1 2

The enormous revenues of the Holy See were largely pay¬
ments of this kind for real or imaginary privileges, exemptions,
and dispensations. State and church offices were secured only
through payment of huge sums of money, which were simply
fees collected for the privileges and honors conferred. Although
there was no fixed tariff of these charges in Germany during
the reign of Henry V still no political or ecclesiastical office
was granted without obtaining at least a gift from the individ¬
ual so honored.3 Although the local churches or their repre¬
sentatives were largely supported- by tithes and revenue from

seventy-seven toll places. In the middle of the 14th century the tolls
collected from Bingen to Coblenz amounted to 67 per cent, of the value of
the commodity transported. Handworterbuch der Staatswissenschaf-
ten, Supplement, 1897, p. 943.

1 For a short account of church revenues see Handworterbuch der
Staatswissenschaften , IV, 677. (Article by Edgar Loening.)

2 The hearth tax in England and the “Denarius St. Petri” in Scandina¬
via were originally in the nature of fees, but became burdensome taxes.

8 Waitz, VIII, p.409.

Fees in England.

77

■domains, fees or charges of this character still were not neg¬
lected. Charges graded sometimes according to the rank and
ability of the payer, sometimes fixed for each locality, were
paid for baptisms, marriages, burials, masses, and other church
rituals and ceremonies.

The last category of fees was retained even after the Refor¬
mation, and exists in most civilized countries at the present
time.1 As the division between the church and state becomes
more marked, the tendency has been for the latter to take over
a great part of these administrative functions, and collect the
fees for the same. This change is still going on, and though
gradual can be observed even now in most civilized counties.

CHAPTER III.

SOME TYPICAL ENGLISH FEES; THEIR ORIGIN AND DE¬
VELOPMENT.

A. LIQUOR LICENSE FEES.

I

At common law, permission to sell liquor was not a privi¬
lege, but a right which could be exercised by anyone, without
state interference; nor was drunkenness a punishable offense
until the time of James I. During the early reign of the Tudors,
there was a steady increase of tippling, accompanied by abuses
and disorders, due to the fact that the hostelries and ale¬
house were places of resort for playing dice, quoits, and other
forbidden games.2 The number of vagrants and idlers had in¬
creased enormously, owing to the disbanding of the army of
Henry VII, and the breaking up of monastic establishments.
It was found necessary to exercise some sort of control over
ale-houses; so in 1503 we find power given to two magis-

1 Handworterbuch der Staatswissenschaften , IV, 674.

2 Dowell, History of Taxation in England , IV, 90.

78

TJrdahl — Historical Survey of Fee Systems.

trates in each parish to suppress them or to grant licenses, on
receiving bond from the keeper for the maintenance of good
order. Stringent laws against tippling were also enacted. But
drunkenness continued to increase. So in 1710 a so-called stamp
duty of Is was imposed on each victualler’s license. Gradually
the license fee was increased, until in 1815 in amounted to 4£
4s. But it was found that this charge bore too heavily on the
lower class of houses ; therefore a change was made which grad¬
uated the license according to the rating or assessed valuation
of the house in which the liquor was sold. The charge ranged
from 2£ 2s for a house rated at less than 15£, to 4£ 4s for one
rated over 20£. None of these licenses permitted the sale of
wine, which in the sixteenth century was confined entirely to
the taverns as distinguished from the ale-houses. The regula¬
tion of these did not begin till 1553, when it was found neces¬
sary to demand a magisterial license, because of the increased
consumption of wine and “ the great numbers of taverns set up
in back lanes, corners, and suspicious places. ” The power to
license was given to local authorities, but the number of licenses
which might be issued in each town was limited by law. The
crown, however, continued to hold and exercise its prerogative
of licensing taverns, until after the restoration ; and, further¬
more, the two Universities and one or two corporate towns
possessed the right as one of their ancient privileges, the rev¬
enue from which went to the support of the schools.

In 1710 a fee was levied in the form of a stamp, costing 4s,
which was required to be affixed to all licenses, no matter by
whom granted. The charges or fees for licenses were increased
from time to time up to 1757, when the retail license was fixed
at 5£. From this time on, all liquor licenses became more and
more interrelated. The various kinds became differentiated,
and distinct, and the amounts paid are increased, so that in
1825 a dealer’s license would cost 10£, and a victualler’s 4£ 4s.
Uniformity was also attained between England, Ireland, and
Scotland. Regulation was no longer the only consideration.
Revenue, foreign policy, and commercial relations all influenced
the amount and character of the charges.

In 1840 the license charges were classified according to the

Fees in England.

79

size of the town, or population of the county; while in 1870 the
amount varied : first, according to the annual value of the house ;
second, according to the kind of liquor sold; third, according
to the quantity sold at the time; and fourth, according to the
place, whether a theater, steamboat, railroad, and so on. This
process went on until, in 1888, there were no less than twenty -
four distinct kinds of liquor licenses, many of them varying ac¬
cording to the rental value of the premises.1

The change in the period for which licenses were granted is.
just as marked. At first it was indeterminate, subject only to
the revocation by the licensing authority. Then they were
granted for not more than twenty-one years, and finally, in 1757,
were made annual. The qualification and requirements of the
licenses tended to become more and more stringent up to 1830,
when it was provided that no beer license should be granted ex¬
cept on certificate of good character, signed by six taxpayers
of the parish and certified by the overseer.

B. PEDDLERS.

Shortly after it had been found necessary to regulate the sale
of liquor by means of licenses, the same restrictions were ap¬
plied to peddlers. The same process of evolution took place in
the latter as in the former case. The first licenses were granted
free of charge, and needed only the signature of two justices of
the peace to make them valid. Soon, however, a fee was col¬
lected for the privilege by the state, which was increased until
in 1697 it amounted to 4£ for each peddler and 4£ extra for a
beast of burden. These charges with slight modifications con¬
tinued in force for nearly a century. When Pitt imposed his
shop tax in 1785, he also doubled the license charge for peddling.
This charge was so high as to materially reduce the number
of licenses; hence in 1789 the fee was lowered to the former
amount. At this time the hawkers seem to have acquired a bad
reputation for selling contraband goods and smuggling. Incon¬
sequence an act was passed which required from every applicant
for license a certificate of character, signed by the clergyman of

1 Dowell, II, 205.

80

TJrdahl — Historical Survey of Fee Systems.

his home parish and two reputable residents. As the peddler
became of less and less importance, the charge was reduced to
2>£ for license to peddle on foot, and 4£ to peddle with a beast
of burden.

C. ' HACKNEY-COACHES.

Another occupation which early came under the direct legis¬
lative control of parliament, was that of running hackney-
coaches. After the custom of standing them for hire had be¬
come firmly established, these vehicles became so numerous as
to seriously endanger the passenger and impede the cart-traffic
in the narrow streets of London.1 To remedy this an order was
issued by the council limiting the number which might be al¬
lowed, and in 1637 a license was required to be obtained from
the king’s master-of-horse. No toll was required until the act
of 1694 was passed, regulating the fees which might be collected,
and requiring the owner of each hackney-coach to pay 50£ for a
license for twenty-one years. The total number was limited to
seven hundred, which practically created a monopoly of the
business. Subsequently annual rentals were imposed and the
number increased until there were one thousand licenses in force
in 1777. This continued up to 1831, when free-trade in hack¬
ney-coaches was introduced. High licenses were however soon
re-introduced and remained in force until the act of 1869 was
passed, which charged 2£ 2s for four wheeled and 15s for two-
weeeled vehicles.2

D. OTHER LICENSES.

Most of the other English license charges are comparatively
modern,3 having been introduced either by Pitt or his success¬
ors. Many of them were imposed for the purpose of obtaining
revenue rather than for regulation. Of the latter may be men¬
tioned the dog-license, as distinguished from early dog-taxes.
This regulation was the result of the hydrophobia panic in Lon-

1 Dowell, III, 42.

2 Dowell, III, 45.

3 Some early licenses were granted by the crown, and fees collected there¬
for. Hall, History of Customs Revenue in England , pp. 25 and 26.

Fees in England.

81

don in the hot summers of 1864 and 1865. 1 At that time Lon¬
don was literally overrun with dogs, many of them ownerless,
running at large in the streets and public parks. People were
in mortal terror of being bitten, and feared to allow their chil¬
dren to go outside of the home inclosure. To give the police
power to kill these wild dogs and make the owners responsible
for the rest, a license fee of 5s was required to be paid by the
owner for each dog. When once introduced it continued in
force with slight changes down to the present time.

The game license, in the modern sense of the term, is another
of Pitt’s regulative measures. Although there had been game
laws as early as 1389, the object of which was “ to prevent arti¬
ficers, laborers, servants, and grooms ” from going hunting
while “ good Christian people were at church, ” these early acts
simply required property qualifications for obtaining a game li¬
cense; while Pitt’s act of 1784 imposed a fee of £2 2s for each
annual license issued. This was primarily intended to affect
only “gentlemen;”2 but these were able to evade it, making
good use, however, of the penalties imposed to punish poachers.
Licenses were also required of bankers, doctors, barristers, con¬
veyancers, proctors, auctioneers, pawnbrokers, jewellers, and
others. These were very largely, although not exclusively, im¬
posed for revenue.3 At present the most important sources of
fees in England, from a fiscal standpoint, are the following:
harbors, light-houses, bridges and ferries, turnpikes, trusts,
markets and fairs, and the Bank of England.4

E. ENGLISH COURT, OR ADMINISTRATION, FEES.

The most significant part of the English fee-system to the
student of American institutions, whether viewed from the his¬
torical, economic, or political point of view, is perhaps the court,
or more broadly speaking, the administrative fees. The origin
of these is doubtless identical with the origin of the English ju¬
dicial system. In the latter half of the seventeenth century

1 Buxton, II, 84.

2 Ibid., I, 284.

8 Statistical Abstract of United Kingdom, 1893.

4 Buxton, II, 205.

6

82

Urdahl — Historical Survey of Fee Systems.

the direct collection of court fees was displaced by the use of
stamps. At first they were confined to only a few instruments,
their cost depending upon the length of the document, as meas¬
ured by the number of skins required. In order to protect the
revenue, however, the number of words to the skin was limited
by law, and the prolix legal verbiage was not allowed to be cur¬
tailed. One of the consequences of this was the abominable
style of all early legal documents, and its effects may doubtless
be seen in the legal phraseology of to-day. During the next one
hundred years the stamp-fee system was extended, not only to all
official or judicial documents, but also to many semi-official in¬
struments, such as bills of exchange, promissory notes, leases,
mortgages, transfers, and so on.

The judicial fees made it in the interest of magistrates and
attorneys to delay and appeal and continue all cases as long as
possible; and it was thus largely through their influence, that
the law courts of England became a mere mockery of justice,
and remained such for centuries. It was on account of the Eng¬
lish legal fee-system, perverted by the courts into a system of
oppression, that Bentham directed his protest against law taxes.
It was against the iniquities and abuses of this system, that
Dickens wrote his Bleak House, which opened the eyes of the
public to the actual condition of the administration of justice.

F. CONCLUSION.

Taken as a whole, the evolution of the English license fee-
system may be said to be as follows : —

At first regulation was undertaken by the state without any
charge. Then a system of licenses was required, and a small
fee was charged for the clerical work of making them out and
recording. Gradually this fee was increased, sometimes to cor¬
respond to the value of the services granted; sometimes it be¬
came a tax levied purely for revenue, and, in the end, it
frequently became so high as to be evaded or even openly op¬
posed by the people. The fee was then reduced, either on ac¬
count of its unpopularity, or because the point of diminishing
returns had been reached. Either extreme usually leads to a
reduction in the size of the fees, and this usually fixes the

The French Fee System.

83

amount as it exists in the English legislation at present.
Changes are of course in progress even now, but they are so
slow as to be scarcely noticeable.

CHAPTER IV.

THE FRENCH FEE SYSTEM.

The origin and development of the fee system of France re¬
quires special attention and study. In no other place has this
source of public income been so much exploited and utilized as
here. In no other state does it play so important a role in the
system of finance, and in no other country has the “art of taxa¬
tion,” by means of numerous and heavy charges, originally in
the nature of fees, been so well developed.

A. DROITS D’ENREGISTREMENT.

The charges comprehended under the term registration fees,
are undoubtedly the most numerous and important category in
the French fee-system. In fact they may in a certain sense be
looked upon as a distinctive product of the French civilization.
Historically these charges are said to date back to the Greeks
and Romans, who required certain documents, official acts, and
the like to be filed with, or preserved by, some public officer.1
The book or place where these records were kept was called in
Latin “ Regesta, ” from which we have the word register. At
first these registration charges represented simply the expense
of maintaining the comptroller, or official, whose duty it was to
ascertain the date and nature of the document presented for
registration. The necessity for such control in France grew out
of the frequent deceptions and frauds which were practiced, es¬
pecially by means of ante-dating or otherwise changing the
dates of documents. It was therefore originally undertaken in
the interest of individuals or families, to secure the priority of

^arieu traces them back to the tenth century. — III, 105.

84

TJrdahl — Historical Survey of Fee Systems.

mortgages'and authenticity to these and other documents, espec¬
ially to their dates. Registration did rot, however, become a state
institution until 1539, 1 when Francis I required all sales and
transfers of real estate to be reported to an official, who was
empowered to collect and fix charges or fees for this service.2

But the original purpose of the charge was soon lost sight of,
and it became simply a means of deception, or subterfuge, for
the collection of heavy^and oftentimes, progressive taxes.3

Other charges, which apparently were of the same nature,
were collected under various names. Among others may be
mentioned the “Droits d’Ensaisinement”, “Droits de Reserve",
“Droits de Nouvel Acquit", “Droit d’lnsiuuation, ” all of which
were charged for the same ostensible purpose, and yielded con¬
siderable revenue, both to the royal exchequer and to the collec¬
tors. An act of 1722 fixed a new tariff of charges for these
services, which tariff remained in force down to the Revolu¬
tion. This law distinguished between fixed and proportionate
fees. The fixed charges varied in amount according to the rank
of the parties concerned, as in marriage contracts; often also
according to the nature and size of the document. Much injust¬
ice resulted from the fact that most of these fees were collected
under obscure, incomplete, and in many cases, arbitrary laws
and rules, which were interpreted by the collectors to suit their
own interests. The worst abuse, however, may perhaps be
ascribed to the vicious system of farming the offices out to
subordinates for fixed sums. But, aside from the illegal ex¬
tortions which this resulted in, the legitimate and regular
working of the law was such, that the fees — more especially
the proportionate fees — bore more heaviiy upon the poorer
classes than upon the nobles and the clergy.4

The modern French legislation on the subject of registration
may be said to date back to 1790, when all these heterogeneous
elements were united into one great category called “Enregist-
rement. " The same edict extended the scope of the subject, in

^lamageran, Histoire de VImpots , III, R.

2Cheruel, Dictionnaire , I, 353, 506.

3Parieu, II, 105-106; Vuitry, I, 462.

4Parieu, III, 108.

The French Fee System.

85

that it required all acts of notaries and other court officials to
be registered, and fees to be paid for the same. Furthermore,
the whole general subject was divided into three great classes.
The first class was made to include all acts or documents which
concerned or dealt with known values, and the fee for registra¬
tion was made proportional to the value. The second contained
all acts concerning objects or matters having no definitely
ascertained value, such as marriage contracts, wills, and the
like. The charge on these was graded in amount, according to
the income of the contracting parties, which in turn was esti¬
mated according to the value of their place of habitation. The
last class included all merely formal acts, on which fixed
charges were levied. This classification has remained essentially
the same down to the present day,1 but the administrative ma¬
chinery has been improved, especially during the revolutionary
period. A Director G-eneral was then for the first time placed
in charge of all verifiers, receivers, inspectors, directors, and
other officials scattered over the various localities.2 This
centralized control and direct responsibility of subordinates to
superiors has resulted in the efficient and economical adminis¬
tration of the entire system.

The edict of 1789 created greater regularity and uniformity
among the different charges than had ever existed before, but
was soon followed by a whole series of changes, among the most
important of which is the abolition of the antiquated and use¬
less feudal dues. The registration fees have been gradually in¬
creased, with the avowed purpose of increasing the receipts, un¬
til the enregistrement has become recognized in France as one of
the most important sources of revenue. The system has been
extended, until it includes almost every legal and extra-legal
document and contract. In fact every document is supposed to
be registered, unless it is expressly declared exempt in the law.
New objects of registration have gradually been added to the
list and new methods of measuring charges have been adopted.
As an example may be cited the fees for registration of articles

1 Block, Dictionnaire, p. 1013.

2 Parieu, III, 110-134.

86 Urdahl — Historical Survey of Fee Systems.

of incorporation, which, at first the same for all, were by the
act of 1872 made proportional to the amount of capital stock.
At the present time the fixed fees vary from one-half to one
hundred francs, according to the nature and importance of a
document. In this category may be mentioned powers of attor¬
ney, receipts, protests, marriage contracts, transfers of prop¬
erty, and so on. Preportional fees are usually based upon the
face value of the document, and vary from one-tenth of one per
cent, to ten and one half per cent.

Among other fees classed with the enregistrement are the
charges made for grants of nobility, naturalization decrees, per¬
mits to foreigners, for impressions of the state seal, and the like.
These “ Droits de Sceau, ” as they are called, have been in use
from very early times; and are based on the principle, that acts
emanating from a judicial authority should be provided with the
seal of that authority before they are executed. The following
acts, among others, require the state seal to make them valid:
letters of transmission or confirmation of title, certificates of
majority, acts concerning changes of name, naturalization, ad¬
mission to domicile, marriage dispensations, and the like.

The income to the state from registration charges has in¬
creased with marvelous rapidity. The total annual receipts be¬
fore the Revolution have been estimated at twenty million francs,
and the cost of collection averaged about thirteen per cent.
while in 1891 the revenue from this source reached the enor¬
mous sum of five hundred and forty-four million francs. The
significance of these figures lies mainly in the fact that almost
all of these charges originated as fees, but have gradually been
increased until many of them are pure taxes.

B. FRENCH LICENSE FEES.

Although some of the so-called registration fees are in reality
license fees, still there is another distinct class of charges which
may properly be placed in this category. The edict of 1577 1 2 is
the first law which required wholesale and retail dealers in in-

1 Handworterhuch der Staattswissenschaften , V, 378.

2 Parieu, II, 273-274. Block, Dictionnaire de V Administration, p. 1412.

The French Fee System.

87

toxicating liquors to obtain a license before they could carry
on their traffic. According to this law the fee or license charge
was paid once for all; and was not collected periodically, as is
usually the case at present. The transition to the system of
annual licenses, based upon the annual payment of the license
fee, took place about 1630 j1 when a law was passed which re¬
quired all brewers and dealers in wine, cider, perry, and other
drinks to pay a fee annually and obtain a license.

Before 1789 the fee collected from saloons and similar resorts
was very small, its principal object being to determine the ex¬
istence and location of the places which especially required po¬
lice supervision and surveillance. Many of the charges were
levied by local authorities and were therefore widely different,
being continually subject to change. But there were a great
many extra fees which had to be paid before the privilege sought
for could be obtained; among others may be mentioned the
gaugers’ fees, liquor inspection fees, and others of the same
nature. The revenues from these were generally farmed out,
and, as a result, these extras often amounted to more than the
license fee proper.2

All these charges were abolished during the Revolution, but
re-appeared soon after under their modern appellation, “ Droits
de license, - which were at first required only of distillers. The
law of 1814 placed brewers under the same requirement, and in
the following year saloon keepers 3 were also required to pay an
annual license fee for the privilege of selling liquors. The license
however soon lost the character of permission or authorization
which had at first been attributed to it. A law passed in 1851
made the grant of the license depend upon the assent of the pre¬
fect; but this provision was repealed in 1880. At present the
most important condition to be fulfilled is the payment of the
fee, which varies in amount according to the kind of business.
The brewer’s license fee depends upon the department in which
it is located, and runs from sixty to one hundred francs; while
the fee for liquor sellers’ licenses is graduated according to the

1 Say, Dictionnaire de Finances , II, 468.

2 Clamageran, Histoiri de VImpot en France , III, 75.

3 Ibid., I, 417.

88

Urdahl — Historical Survey of Fee Systems.

population of the commune in which the business is to be con¬
ducted. The minimum fee of twelve francs is charged in com¬
munes having a population of four thousand or less; and in com¬
munes whose population is less than six thousand, the fee is
sixteen francs. The fee gradually increases with the population
up to forty francs, which is charged in all places having a popu¬
lation of over fifty thousand. Wholesale liquor dealers pay a
fee of one hundred francs; and distillers’ license fees vary from
twenty to one hundred francs, according to the population of
the communes. The total receipts from all brewers’ and dealers’
licenses amounted in 1889 to 9,514,482 francs. One of the
peculiarities of the French liquor license legislation is that the
fee is charged for all restaurants, hotels, etc., whether intoxi¬
cating liquors are sold or not, hence is not confined to the liquor
traffic.

A law dated April 28, 1816, required all manufacturers of
playing cards to obtain a license and pay a fee, and three years
later an act was passed which granted the right to manufacture
sulphur on payment of a fee of twenty-five francs. Before that
time the state had a monopoly of the business of manufacturing
gunpowder. In 1837 another act was passed, which compelled
each refiner and manufacturer of sugar to obtain a license at a
cost of one hundred and twenty-five francs, and in 1873 the
same provision was extended to manufacturers of vinegar and
acetic acid, with the exception that the license fee was only
twelve and one half francs.

Another business which has long been subject to license regu¬
lations is the carrying trade, whether on the public highways or
on private railroads. The first act dates back to 1817, and con¬
tinued in force down to 1873; when an amendment was passed
which gauged the fee according to the number and kind of vehi¬
cles employed. Railroads were required to pay 6.25 francs per
car, as were other four-wheeled vehicles, while two- wheeled
carts pay only 2.25 francs each. These charges are very much
lower than those collected under the old law. Dray and freight
wagons are also required to obtain a license and pay two francs
each year for a plate, which must be nailed on a conspicuous
place on the wagon.

The French Fee System.

89

C. DROITS DE VISITE (DROGUE ET £PICE).

These fees are collected to cover the expenses of the annual
inspection of drug and spice stores, in order to test the quality
of goods offered for sale. This inspection has been required
from a very early period. A decree dated August, 1536, placed
this duty upon the doctors of the faculty of medicine in the
University of Paris, but no record can be found of any fees col¬
lected for this service. During the Revolution another act was
passed, which required all pharmacists and druggists to submit to
aperiodic inspection; and subsequent consular decree compelled
the payment of a fee for each visit of the inspector. The receipts
from this source went to the support of the inspectors in each de¬
partment. The result was, that the receipts exceeded the ex¬
penditures or cost of the service in some places, while in others
there were large deficits, which the consul general refused to
make up. It naturally followed that the law was badly executed
in many places. To remedy this state of affairs a new law was
enacted in 1866, which requires all the fees to be paid into the
state treasury, out of which all the expenditures under this head
for the entire country were taken.

At present each pharmacy is required to pay six francs per
visit and each druggist or dealer in spices pays four francs.
The inspection is undertaken in the interest of public health,
and is, therefore, in essence a sanitary measure.

D. DROITS DE INSPECTION DE FABRIQUES ET DEPOTS D’EAUX MINER-

ALES.

The inspection of mineral waters is another sanitary measure
which dates back to the old regime in France. In 1823 an ordi¬
nance was passed to the effect that all manufacturies and reposi¬
tories of mineral waters must be inspected at least once a year.
The fees collected for this were likewise a part of the revenues
of the departments at first, but were afterwards transferred to
the state treasury. After numerous laws and decrees regard¬
ing the amount which might be collected, the fees were finally
abolished and the office made unsalaried; as it was understood
that the reputation which appointment to this position con¬
ferred on a physician, was sufficient reward.

90

Urdahl — Historical Survey of Fee Systems.

E. VERIFICATION OF WEIGHTS AND MEASURES.

This service was of very great importance during the intro¬
duction of the metric system after the Revolution. In amount
the fees vary from five centimes to five francs, according to the
size or quality of the scale or measure to be inspected. The
system is centralized and uniform for the entire country. The
inspectors are paid salaries and the fees are turned over into
the treasury. The scales and measures are required to be
inspected each year, every commune or department having one
or more regular inspectors to perform this service.

F. DROITS DE GARANTIE. 1

These are assayers’ fees, or charges made for ascertaining the
amount and quality of metal contained in objects made of gold
or silver. The first edict, dated 1579, provided for this service
and established the fees, which were at that time termed “de
remede. ” The revenue from this source was farmed out, which
made the charges very obnoxious to the people, more especially
because the assayers had the right to enter and examine the
houses and factories of merchants and jewellers. In 1791 the
whole system was abolished and freedom of trade established in
gold and silver wares. But the numerous abuses which this
resulted in, and the important source of revenue which the
state found itself deprived of, soon led to the reintroduction of
the old system with its compulsion. The act of 1873 is the
basis of the present legislation on the subject. The fees vary ac¬
cording to the amount, quality, and kind of metal contained in
the object inspected, namely 37.50 francs per hectogramme of
gold and two francs per hectogramme of silver. The total
revenue derived from these fees in 1888 amounted to 4,611,531
francs.

G. FRENCH POSTAL FEES.2

It has been asserted that the French postal system took its
origin from the system of messengers which the University of

1 Parieu, III, 423. Say, Dictionnaire des Finances , p. 306.

2 Parieu, III, 281.

The French Fee System.

91

Paris established in the thirteenth century. These messengers
were primarity for the purpose of carrying the letters and
merchandise of the professors and the students at the Univer¬
sity of Paris. These messengers, however, soon carried mail
for others also, and, protected by royal favor, the system grew
into a great monopoly, from which the University derived con¬
siderable revenue. In 1546 Louis XI issued an edict, estab¬
lishing regular postal stations, with relays for messengers, thus
creating a state postal system, which competed to a certain ex¬
tent with the University messengers. This continued up to
1673, when the University was given an annual indemnity in
lieu of the revenues from this source. From this time on, the
state had a monopoly of the business, which was farmed out
to different parties up to 1791. The postal fees collected before
the Revolution were very complicated; because an attempt was
made to vary the charges not only according to the distance,
but also according to the weight and the number of sheets con¬
tained in the letter. A letter sent from Paris to Marseilles
cost at one time as much as two francs and two centimes in
postage. The last postal tariff which was made proportional
to distance was that of 1827, according to which France was
divided into nine zones and postal rates fixed for each zone.
This system remained in force up to 1848, when the National
Assembly adopted the uniform rate of twenty centimes for all
letters weighing seven and one-half grammes or less. Under
this system the amount of mail matter carried, increased enor¬
mously, but the immediate effect of the law was to decrease
the amount of revenue derived from the post office. After the
Franco-German war, France found it necessary to utilize the
post office as a means of raising revenue; and, to do this, the
postage on letters weighing ten grammes or less was increased,
by the law of August 24, 1871, from twenty centimes to twenty-
five. This tariff remained in force down to 1878, when a law
was passed reducing the charge to fifteen centimes for letters
weighing fifteen grammes.

92

JJrdahl — Historical Survey of Fee Systems.

H. SCHOOL FEES.

The University of Paris derived for a time considerable rev¬
enue from the postal system operated by it; still its income
was never so large, but that it was found necessary to collect
numerous fees of many kinds from its students. In the first place,
there is a quarterly matriculation fee of thirty francs collected
from students in all departments. Other fees vary according
to the nature of the studies pursued, or degree for which the
student is working. Furthermore, there are numerous examina¬
tion fees, varying in amount, besides heavy fees for certificates
of aptitudes. For the degree of LL. D., these fees aggregate
thirteen hundred francs. According to the law of 1844 the fees
for this degree were fixed at sixteen hundred and sixty francs;,
while the fees required for obtaining a simple license, amounted
to eleven hundred francs. With this schedule of charges the
University obtained two hundred and sixty thousand francs in
1862. There are many other examination and school fees levied
throughout France. As an example may be mentioned the fee
for a teacher’s examination, which is ten francs for a lower
grade, and twenty francs for a higher. 1

I. PEAGES.

These are pecuniary charges collected for the use of the means
of transportation and locomotion, such as canals, roads, rivers,
and bridges. They are said to date back to Charlemagne, who
attempted to prevent the imposition of new peages. They mul¬
tiplied very fast under feudalism, and soon lost their early
characteristic of being payments designed to cover the expense
of repair and maintenance of the roads and water courses. The
lords who collected these tolls were for a time supposed to be
personally responsible for the safety and condition of the high¬
ways.2 The nobles and clergy were exempt from paying these
fees, and, as early as 1353, the same exemption was extended to

JParieu, III, 415-417. Say, Dictionnaire, p. 222; and History of
French Universities.

2 An ordinance of 1561 imposed upon the collector the obligation of keep¬
ing his road in repair. Cheruel, II, 962.

The French Fee System.

93

members of Parliament.1 Complaints were repeatedly made
against the numerous exactions practiced as peages. As an ex¬
ample it is reported that thirty such tolls were collected on
thirty-six leagues of road outside of Paris.2

The peages were abolished by a law of March 15, 1790, but
were shortly afterward re-established under the name of “Oc¬
troi de Navigation. ” These, like their predecessors, were al¬
most all taxes, their original purpose having been entirely lost
sight of. The old idea still exists in the bridge and ferry tolls
which are collected throughout Prance. Bridges, ferries, and
similar means of transportation over navigable waters, were con¬
fiscated by the law of November 26, 1798; and fees were, for a
time, collected for the use of the state.3 Afterward it was de¬
cided to grant ferry privileges for limited terms of years to the
highest bidder, the fees or tolls having previously been fixed by
law. The grant was usually made for three, six, or nine years .

J. PATENT FEES.

The fees connected with the French Patent Office, are per¬
haps as modern as any in the French system. These origi¬
nated in a law passed by the National Assembly on January 7,
1791. The patent rights which have been granted by the last
kings under the old regime were in the nature of special mo¬
nopoly grants, rather than patent rights in the modern sense of
the word. The law of 1791 fixed the patent fees at
360 francs for five years, 862 francs for ten years
and 1,562 francs for fifteen years. An act of 1844
changed the charges to 500 francs for five years, 1,000 francs
for ten years, and 1,500 francs for fifteen years. The number
of patents issued has been growing, resulting in a correspond¬
ing increase in the amount collected as fees. In 1885 the re¬
ceipts from this source were no less than 2,045,000 francs. The
comparatively high patent fees of France are justified by French

1 Vuitry, I, 120.

2Chamageran, Histoire de Vimpot en France.

3 Hock, Finanzverwaltung Frankreichs, pp. 428-432; Say, Fic-
tionnaire de Finance, p. 466; Block, Fictionnaire; Pariu, III, 400.

94 Urdahl — Historical Survey of Fee Systems.

writers, for two reasons: first, in order to raise funds to de¬
fray the expense of maintaining the patent office; and, secondly,
to serve as a check against numerous and indiscriminate ap¬
plications for patent.

K. DROITS DE VOIRIE. 1

These are charges for permits to erect signs on public high¬
ways or streets, also for the privilege of erecting porticos, bal¬
conies, verandas, and similar structures on the streets. Charges
for permits to erect bath houses in rivers, for permits to have
news stands on streets, wharves, and other places, and many
other similar privileges belong to that class. Before the Rev¬
olution these fees formed part of the seigniorial dues, and were
often farmed out by the lord or the king. At present they are
of increasing importance, especially in the cities, as they can
be allowed or discontinued at any time, if the public welfare
seems to demand it.

L. PERMIS DE CHASSE.2

These are fees for license to hunt and to carry hunting arms,
and are of considerable importance. At one time they yielded
nearly two million francs of revenue into the treasury. Numer¬
ous laws have been enacted regulating this privilege, and for a
time, after the Revolution, the right to hunt was free to all; this
caused such destruction of game that the old regulations were
enacted. In 1871, the fee was fixed at thirty francs to the state
and ten francs to the commune; which was found to be so high
as to cause a diminution in the receipts, and, in 1875, the charge
was reduced to eighteen francs for the state and ten for the
commune.

The above-mentioned fees are simply a few of the most im¬
portant classes in the French fee system. There are of course
many others, of which no mention has been made; some of them,
like the court fees, of very great significance. Many others are

1 Say, Dictionnaire , p. 1532; Hock, p. 425.
3 Parieu, 111,408.

The French Fee System.

95

levied and collected by the municipalities or other public bodies,
while still others are semi-private in their character.

Enough evidence has been given on each of the classes out¬
lined, to show how the charges that originated as pure fees,
were invariably increased, especially under the old regime, until
they became extortionate taxes. The French Revolution, as
has been demonstrated, brought about the complete abolition of
the charges which had become so obnoxious. But later many of
the charges were re-enacted, and gradually increased. The only
difference between the earlier and later laws, so far as the
fees are concerned, is that the latter charges are designed to
produce the highest monopoly returns. As soon as the fees are
made so high as to result in a diminution of the revenues, there
follows very frequently a reduction. Tn other words, the prin¬
ciple of highest monopoly charges is better understood and ap¬
plied at present than was formerly the case. In a few instances
the charges have been reduced to less than the cost of the serv¬
ices to the government; but, in the majority of cases, the
French government obtains more or less revenue from fees.

One of the most important reasons for the success of the gov¬
ernment in extracting revenue from its fee system, is the excel¬
lent administrative machinery by which its fee-collecting offi¬
cials are governed. The accounts to be rendered are elaborate
in the extreme, and the personal responsibility of officials is
vigorously enforced; and the result is, that the frauds so often
-exposed by investigating committees in America, are almost
unknown.

96

Urdahl — Historical Survey of Fee Systems.

CHAPTER V.

FEES IN THE COLONIES.

A study of the fee-system of the colonies, as contrasted with
the English fees of the same period, reveals in a very striking
way the influence which economic conditions and environment
have upon the institutions, habits, and ideals of men. It is com¬
monly understood that the early American colonists carried with
them their English laws, church, and institutions ; and that they
were in all respects Englishmen who had merely changed their
abode. From one point of view this is not true. The moment
the first colonists set foot on the American soil with the inten¬
tion of permanent residence, at that very moment they became
Americans; in that the forces which have formed the American
institutions began to influence them. They did not carry with
them and apply to American conditions the whole English law
in its English form, as one might expect. Even the church
and social relations were profoundly modified in the process of
transplanting from English to American soil. It was the spirit
of the laws, and the ideas and ideals of the church which be¬
came the basis of the American structure. Some parts of the
law were, it is true, taken literally and enforced as American
law. But a greater portion of the English jurisprudence was
found inapplicable to the new conditions and rejected. The
English courts and judicial machinery were, however, extensively
used in all colonies in a somewhat simplified form.1

This accounts for the fact that the charges made for the services
of the courts of justice, represent almost the only system of fees
for which we are indebted to England. To this fact may also be at¬
tributed the large number of apparently useles and superfluous fees,
which have to be paid to officers connected with the courts in most

1 See Duke of York’s Laws of Pennsylvania, pp. 147-151, for a well de¬
veloped system of court fees charged in 1682.

Fees in the American Colonies.

97

of the Eastern states. Much of this machinery of the courts was at
first imposed upon the colonists by the governors, who had
charge of the admistration of justice, and oftentimes even acted
as judges.1 But so little use did the colonists make of the
courts, except to enforce criminal law, that no objection was
raised against the fees collected by the various court officials,
or at least inserted in the laws.

Another form of charges, which were collected from the very
beginning, were the perquisites and other fees which constitu¬
ted the compensation of the governors and inferior officers of the
colonies.2 The most important source of these fees were the
land patents and land grants. Payments were also made for a
variety of services performed by the governor, although no law
fixing their amounts can be found. These charges were re¬
peatedly made pretexts for numerous extortions of various kinds,
but there is ample evidence to show that they were not paid without
protests. Indeed, so far were these objections carried, as to re¬
sult in an open revolt against the New York governor by Ver¬
mont.3 The main objection they had to him was, that he charged

1 Gov. Hunter’s commission in New York in 1703 gave him power to ap¬
point judges, commissioners of oyer and terminer, justices of the peace,
and other officials. Civil List of New York, p. 163. The governors of
New York were chief justices or appointed deputies to serve in that capac¬
ity. The governor of South Carolina was given the following fees ( Stat¬
utes, , 1865, II, 3): Signing vessel dispatch, 5s; signing license to sell
wine, 5£; signing license to sell punch, 3£; signing letter testimonial, 10s;
signing writ in admiralty court, L£; signing marriage license, 10s; signing
warrant of contempt in admiralty, 1£; signing warrant of appraisement,
5s; signing letter of administration, 5s; signing probate of will, 5s. In 1686
the following fees were added: For grant of 500 acres of land, 1<£; injunc¬
tion in chancery, 10s; decree in chancery, 10s; ticket to leave, 2s 6d; grant
of less than 500 acres of land, 10s; prohibition in admiralty, 10s; warrant
for land, 2s 6d.

2 The attorney general of the colony of New York was charged with the
preparation of letters patent for corporations, grants of land, and so on;
the fees from which were highly lucrative. Civil List of New York ,
1887, p. 176.

3 The fees of the governor of New York for granting a township of land
in Vermont were from $2,000 to $2,600, while the governor of New Hamp¬
shire charged only $100. Rowland E. Robinson, History of Vermont ,

p. 62.

7

98

Urdahl — Historical Survey of Fee Systems.

higher land patent fees than Governor Wentworth of New Hamp¬
shire, from whom they had received their lands before the trans¬
fer of jurisdiction. Some of the early governors succeeded in
collecting goodly salaries from their perquisites.1 The grants
to the governor of New York yielded over $65,000, besides liberal
fees to the secretary of the province, clerks of council, receiver
general, attorney general, and surveyor general.2 The colonial
governors were not all models of puritan simplicity and honesty.3
Many of them did not scruple to avail themselves of their office
to exact various illegal fees, at times almost exorbitant in
amount. 4

These colonial governors, especially those of New York, were
many of them worthy examples of the notorious ring-leaders of
later generations. The crown itself was constantly defrauded
of numerous fees and perquisites, which they collected in its
name, but failed to turn over or account for in any way.

Considered from our point of view, it seems rather strange
that the colonists would pay these charges, when they must
have known that there was no law sanctioning them. But it

1 Governor Clarke is said to have amassed a fortune of $100,000 in seven
years; and Gov. Clinton obtained $80,000 in a short time (mainly from fees,
as salaries were less than 2,000£ per annum). Roberts, History of New
York’ p. 296.

2 During the thirteen months interregnum in New York in 1731, the
lieutenant governor collected over. 6,407£ in fees and other perquisites of
office. Ibid., p. 261.

3 Among the other glaring abuses charged against Governor Crosby of
New York was the extortion of 150£ for one trip to Albany, 750£ for serv¬
ices in London, etc., in the probate court. (Ibid., pp. 265-267.) See also
F. A. Wood’s History of Taxation in Vermont , Columbia College
Studies, IY, 322.

4 “ For the sake of acquiring fees as governor or proprietor he (Gov.
Sothel of North Carolina) disputed the best of titles, and vexed the fairest
traders.” History of North Carolina. Hugh Williamson, II, p. 140.)
The Ninth assembly of New York in 1703 adopted an address to the gover¬
nor concerning the exorbitant charges, fees, and other exactions, re¬
questing, among other things, the appointment of a treasurer who shall be
a resident and inhabitant of the colony. ( Civil List of New York , 1887,
p. 73.) See also W. S. Ripley, Financial History of Virginia , Columbia
College Studies, Vol. IV.

Fees in the American Colonies.

99

must not be forgotten that laws were not so explicit in the
early days as at present. General powers were given to gov¬
ernors in such a way as to leave details to the discretion of each
official. A page of colonial or provincial law would give all the
rules which would have required twenty pages of modern statutes.
The worst abuses which this state of affairs made possible were
more directly caused by the fact, that the governors looked upon
their positions as sources of revenue, and did not hesitate to
exploit the offices to which they had the appointing power.
Thus we find one of the grievances of the Massachusetts colonists
under Governor Andros’s administration1 to be, the extortionate
fees collected by the deputy to whom Secretary Randolph had
farmed the post of secretary. This practice was not confined to
Massachusetts alone, but was resorted to in several other col¬
onies both by the governor and by subordinate officials.

A. SURVIVAL OF THE IDEA OF REGALIA, OR ROYAL PREROGATIVES,
IN THE COLONIES.

In the earliest colonial period there were very few taxes
levied, for but little revenue was needed. All the officers were
supported more or less by the fees which they collected. No
expensive public works were undertaken by public authority;2
hence but little money was needed in the treasury. As a re¬
sult, the idea of paying money or fees into the public treasury
never seems to have occurred to the early colonists. In old
England they had paid everything into the King’s Exchequer
for the use of the King and the State. What could be more
natural than that similar payments should, in the New World,
be made to the highest representative of the sovereign power —
the governor! At any rate, such was the case. He granted the
marriage license and collected his perquisites3 for the grant,

1 Doyle, English Colonies in America , IV, 247. See also Colonial
Laws of Massachusetts , p. 242, for similar methods authorized by the
Massachusetts General Court .

2 The meeting houses and town halls were built by co-operation rather
than by means of taxes; no record of laws passed for this purpose, is found.

3 Maryland marriage license fee, 30s. Colonial laws , 1777, Ch. 12.

The governor of New York had power to grant marriage licenses and

100

Urdahl — Historical Survey of Fee Systems.

while the clerk wrote the bond which was required, the secre¬
tary recorded it, and the minister performed the ceremony, each
of whom must be given fees for their services.

But the colonial marriage license was, in its essence, radi¬
cally different from the modern marriage license. The license
which the governors granted, was at first regarded as a special
dispensation. Everybody was not required to obtain this
license; and the more usual way in many colonies, was to be
married in the churches, after the banns had been proclaimed,
and the other formalities complied with. The special dispensa¬
tion conferred by the marriage license from the governor, was
the privilege of being married at home, without going through
all the prescribed formalities. The new method obviated all
the publicity which the old customs required, and soon became
popular in many colonies. The governors were, as a rule, very
willing to grant these licenses, because of the fees which they
thereby obtained. The governor of Pennsylvania is reported
to have obtained considerable revenue from this source.* 1

But the governor’s prerogative extended to many other mat¬
ters with which our governors of the day have nothing to do.
In Massachusetts they granted licenses to Frenchmen to open
shop, or carry on trade in the province.2 A fee had to be paid
to obtain the governor’s signature to validate a deed from
Indians.3 Licenses to trade with the Indians were obtained in
the same way.4 A fee for each ordinary license was also a part
of the governor’s perquisite in many places,5 as were peddlers’

issue probates of wills, to license schoolmasters and printers, to erect
forts, and establish fairs and markets. Civil List of New York, 1887,
p. 163. Governor Andros, appointed Governor General in 1686, charged
60s for the probate of each will, besides expenses of journey to Boston;
and for confirming patents of lands granted under the old charter, he
charged 50£. Columbia College Studies , I, 300.

1 Mem. Pa. Hist. Soe., XI, 357.

3 Laws of Massachusetts, 1693, p. 90.

3 Ibid., 1701, I, 471.

*Ibid., 1713, p. 725.

5 The Duke of York’s laws, 1676, provided that licenses to sell liquor be
issued by the Governor to those recommended, “in order thereto by- two
justices in open court.”

Fees in the American Colonies.

101

licenses1 in some colonies. Fees for letters patent, for natur¬
alization privileges, for certificates of ability to contract debt,
and for many other real or imaginary privileges, were received
by many colonial governors. Most of these fees may, in one
sense, be considered as relics of the old system of royal prerog¬
atives, which survived for shorter or longer periods of time
under American conditions. Very often the fees of the gover¬
nor continued to be collected, long after the special dispensation
had ceased to exist. Many of these fees, especially for licenses,
did not remain very long a perquisite of the governor’s office.
Their abolition or gradual transference into the public treas¬
ury, is marked by frequent clashes between the representatives
of the people and the governors, the latter backed by the crown.
The licensing power was usually taken away from the governor
first, and transferred to some licensing body or to the legislature
afterwards; and the fee was either abolished altogether,2 or else
commuted for a fixed annual appropriation.3

B. COLONIAL LICENSE FEES.

It is not possible at present to state the exact cause of the
different kinds of license legislation which we find on the colonial
statute books; nor can we place our finger upon the original
acts, which may be called the prototypes of all the subsequent
laws on this subject. But sufficient data may be found in the
colonial records and laws of any colony, to establish, beyond all
reasonable doubt, the origin and development of the fees which
were and are at present paid for the licenses granted by public
authority. Many of these charges must, no doubt, as has al¬
ready been pointed out, be considered as survivals of the Eng¬
lish, or European, systems of government. But a very large
majority of our license regulations and license fees, have been
introduced and developed on American soil. To obtain a proper

Denning’s Statutes , III, 377-378.

2 Fees of the Governor of Massachusetts for ordinary and marriage
licenses were abolished in 1776. Laws , 1776, VIII, 225.

3 A law of South Carolina in 1711 provided that the license money be
paid into the treasury and that the Governor be granted 120<£ per annum
in lieu of all license money formerly collected by him. Statutes , p. 363.

102

Urdalil — Historical Survey of Fee Systems.

conception of this development, it is necessary to constantly bear
in mind the economic and political condition of the people and
governments of the colonies. The English, Dutch, and the
Swedes, who became the founders of the American colonies, came
directly from old countries, in which everything had so long
been firmly established by law and custom that the citizens had
not become conscious of their rights to make or change their
own laws at will.

It is conceivable that these borrowed institutions and laws
which the governors attempted to apply to the colonies, worked
very well at first. But a short period of time sufficed to prove
to these early pioneers, that the English law was not suitable
to all conditions. The problems which the English law attempted
to solve, were not the problems which confronted the colonist.
They did, no doubt, at the very outset, attempt to regulate the
marriage relation in the same way that they had been accus¬
tomed to in their home countries. They, or at least the gover¬
nors, did think it necessary to regulate the titles and rights to
land. But the lack of any provision regulating the Indian trade,
was not felt, until this trade with its abuses had assumed such
proportions as to threaten the safety of the colony. Here they
had no English precedent to fall back upon, and were therefore
forced to devise some new means of dealing with the subject as
it presented itself.

The people who carried on the Indian trade were, as a class,
disreputable and not to be trusted.1 The most natural solution
was, to allow only responsible and trustworthy people to engage
in this traffic, and, to secure this end, it was enacted that no
one should engage in the Indian trade without a license therefor
from the colonial governor. This is the first stage of the evo¬
lution of a license fee; regulation by the state without any
charge for the privilege, except perhaps a very small recorder’s
fee for the clerk. An examination of the laws of the various
colonies will reveal a large array of subjects which, to the mind
of the colonial legislator, seemed equally liable to abuse. As
examples the following might be cited: the occupations of tan-

Dinwiddie, Virginia Historical papers, II, 340.

Fees in the American Colonies.

103

ners,1 printers,2 lawyers,3 physicians,4 Indian traders,5 peddlers,6
tavern keepers,7 8 pilots,3 and many others. No one at that time
could foresee that the liquor regulation, which then seemed even
less necessary than some of the other license regulations, should
one day become so important as it has grown to be. The regula¬
tion of any one of the above mentioned subjects, might have de¬
veloped in the same way that the liquor licenses have, provided
the conditions had been suitable. All of them attained the first
stage of development, but many reached no farther. As exam¬
ples may be cited the printers’ and tanners’ licenses. Many
others have tended to disappear, or have been made conditional
upon certain qualifications, educational and otherwise, the fee
being often changed from a license fee to an examination fee.
On the other hand, many occupations which are now subject to
stringent license regulations, were forbidden in the colonial pe¬
riod. As examples may be mentioned peddlers in Connecticut,
Massachusetts,9 and New York,10 and theatres in Massachusetts 11
and Rhode Island.12

The second stage in the development of license regulations is
reached when a fee is collected for the privilege conferred by the
license. This stage was very often hastened by the fact, that
the colonial governors were eager for any opportunity or excuse

I Two early laws of Massachusetts and Connecticut, which read almost
like the ancient Guild regulations, provided that no one should engage in
the business of tanner until he had shown his ability and knowledge of
the mystery of tanning to the county court, and had paid a license fee.
(In force down to 1796.)

2 History of New York (Commonwealth series), I, 255.

* Laws, S. C., 1789, IV, 669.

4 Laws, N. H., 1789, p. 302.

6 Statutes, S. C., 1711, II, 359.

6 Peddling was forbidden in New York [Laws, Ninth Session, p. 201).

'Laws, S. C., 1711; Rev. Stat., 1801, V, 100.

8 Colonial Laws, S. C., 1690, pp. 51, 93.

9 Laws 1799, I, 213.

10 New York Statutes, Ninth session, Ch. XI, 201; Twenty-fourth ses¬
sion., p. 15.

II Up to 1806. First playhouse in Boston, 1794. Weeden, History of
Neiv England, II, 863.

12 Statutes 1825, p. 152, § 1.

104

Urdahl — Historical Survey of Fee Systems.

for exacting money from the people. A small charge once begun
was easily made a precedent or pretext for a higher exaction.
But even where the license fees were taken away from the gov¬
ernors, their tendency to increase in amount was manifest. As
an example may be cited the fees for Indian traders’ licenses in
South Carolina. At first there was no charge for the privilege;
then a small, almost nominal fee was charged, which was soon
increased to £3; in 1709 it became £5; and in 1711 it was in¬
creased to £8, then to £20; and finally in 1734, £50 were
charged for each license. This was the high water mark,
which was held for only a short time, after which the charge
was decreased again.1 In 1719 a commission was appointed to
manage the Indian trade for the benefit of the colony. This
commission was empowered to license traders, provided they
gave bond for £500 and paid ten per cent, of the proceeds into
the colonial treasury.2 The same is true of peddlers’ licenses
in South Carolina. The fee was gradually increased, until in
1738 we find £100 charged for a license to peddle by water, and
£50 by land when carried on with a horse.3

The evolution of the license fee as we know it to-day, can be
most easily traced through its early stages in the colonial liquor
regulation. The experience of Massachusetts may be considered
as typical ; for every other colony has, with more or less varia¬
tions, passed through the same process.4 The preamble of a
Massachusetts license law dated 1645, 5 reads as follows: “ For¬
asmuch as there is a necessary use of houses of common en¬
tertainment in every commonwealth, and of such as retail
wine, beer, and victuals, yet, because there are so many abuses
by persons entertaining and by person entertained, ” it is or¬
dered that, " no person . . . shall be a keeper of a cook-

1 Johns Hopkins University Studies, 13, 104; Financial History of
South Carolina, C. L. Whitley; also Laws, S. C.

* Laws, S. C., 1719, p. 93.

3 Laws , 1838, III, 487.

4F. A. Wood, History of Taxation in Vermont ; Columbia College
Studies, IV, 391. The earlier liquor licenses in Vermont were imposed for
regulation, not revenue. The fee charged was about equal to one dollar.

5 Colonial Laivs, Mass., p. 43, (1645-51, 1653, 1657-58); 1645, p. 164.

Fees in the American Colonies.

105

shop or house of common entertainment, tavern or a public
seller of wine, ale, beer, or strong waters by retail, without
the approbation of the selected townsmen, and a license by the
county court, upon pain of forfeiture of £5 for every offence. "
This did not apply to wholesalers selling wine in quantities of
not less than three gallons or strong waters less than a quart.
A little later another act was passed which read in part as fol¬
lows:1 “ And because it is difficult to keep order, and keep the
public houses of public entertainment in conformity to the
wholesome laws established, as is necessary for preventing
drunkenness, excessive drinking, vaine expenses of money, time,
and the abuse of the good creatures of God, it is ordered” that
the license shall be valid for only one year, but may be renewed
annually on application to the county court; for each renewal
the licensee was required to pay two shillings six pence to the
clerk of court. In 1661 it was deemed necessary to require
distillers and wholesale dealers to obtain a license, for the rea¬
sons set forth in the preamble, as follows: " Upon complaint of
the great abuses that are daily committed by retailers of strong
waters, rhum, . . . both by distillers thereof and by such

as have it from forraigne ports,2 it is ordered” that etc. . . .

Laws of this kind, designed to prevent drunkenness by re¬
stricting the sale of liquor to persons of good character who
could secure the approval of the selectmen of the town, and by
providing penalties against tippling and drunkenness, were re¬
peatedly passed by the colonial legislatures. As a sample of
the latter may be mentioned a provision in a law of 1787 :3 “ Nor
shall any person licensed to sell strong waters, or any house¬
keeper permit any person or persons to sit drinking or
tippling strong waters or wine or strong beer in their
houses. ” An act of the same purport was passed in
1798 in Massachusetts Bay Colony,4 which provided in addi¬
tion that no more houses of common entertainment should be
licensed than was necessary for the accommodation of the pub-

1 Ibid. , p. 166. 2Ibid., p. 84. 3Ibid.,p. 15.

*Acts and Resolves and Charters of Massachusetts Bay Colony ,

III.

106

Urdahl — Historical Survey of Fee Systems.

lie, and furthermore that all licensed houses shall be “on or near
the high roads, streets, and places of great resort. ” As early as
1712 we find a statute which attempted to accomplish the same
thing, by giving the licensing authorities power to suppress
unlicensed establishments and to decrease the number of licensed
ones. It was further provided in 1787 that all persons apply¬
ing for a license outside of the regular time, shall pay six shil¬
lings to the county, besides the usual fees; and the old pro¬
vision was continued in force, to the effect that all licensed
houses must keep on hand provisions for entertaining men and
beasts.

One of the most significant characteristics ol all the liquor li¬
cense legislation of the colonial period, is the fact, that it con¬
cerned taverns and ordinaries only. The taverns and inns
were very important factors in colonial life. Every crossroad
had its tavern or inn for accommodation of travelers and car¬
riers, which was an absolutely necessary part of the transporta¬
tion facilities of the time. The licenses were aimed, not so
much at the regulation of the liquor traffic, as at the regulation
of the taverns, so as to make them furnish suitable accommoda¬
tions at reasonable rates. In fact it was not unusual to regu¬
late the rates, prescribe what provisions must be kept on hand,
fix a minimum standard of quality of beer, and regulate the
maximum price per pint.1 The modern saloon or grog-shop did
not exist and was not recognized by law until 1816, when the
first act was passed authorizing the grant of licenses to persons
who did not maintain taverns. Two years later we find the li¬
cense fee raised from one to four dollars per annum,2 besides
the usual fees for registration and other services. From this
time on the liquor license fee has gradually increased until it
became what we have it today.

1 In Virginia the licensee bound himself to sell his liquor at the price set
by the commissioners.

Applicants for innholders’ licenses were required to take an oath not to
violate the law against monopolies, nor to sell liquor at higher prices than
was prescribed by law. Acts and Resolves of Province of Massachu¬
setts, V, 647.

2 Colonial Laws , Mass., from Boston Courier , p. 19.

Fees in the American Colonies.

107

It has seemed necessary to give this somewhat lengthy ac¬
count of the Massachusetts license legislation, because it ap¬
pears to show more accurately than that of any other colony,
the evolution of our liquor license fees under normal conditions.

It shows quite clearly the actual steps in the process by
which the modern fee has emerged out of a simple regulation.
It shows, furthermore, that modern liquor license is entirely
different from a colonial liquor license, the latter being in its
essence a tavern or hotel license, which was intended to regu¬
late, not only the sale of liquor, but the entire tavern business.
The transition from tavern to saloon licenses took place as soon
as the tavern ceased to be an economic problem, in other words,
when the canal, the steamboat, and the railroad began to dis¬
place the public highways in the business of transportation.
Most of the country taverns disappeared of themselves, while
others were changed into or displaced by the saloon and corner
grocery.

Many other expedients were resorted to at various times in
the other colonies. The size of the license charge, for example,
was graduated according to the place where the tavern was
situated, varying from l£ 10s to 1Q£ in the colony of Plymouth
in 1669 j1 while in Maryland the number of ordinaries was lim¬
ited by law, and the amount of the license charge varied ac¬
cording to the proximity of the tavern to large towns.2 In Con¬
necticut taverns were limited in number to two in each town,3
and a similar provision was required in South Carolina.

It is of interest to note that, as a rule, high license charges
were imposed much earlier in the south than in New England.
Thus Virginia at one time charged as much as 40£ for ordi¬
naries’ licenses,4 and South Carolina5 collected 6£ for each li¬
cense in 1701. Maryland also obtained considerable revenue

lLaws of Colony of Plymouth, p. 155.

2 2,000 lbs. of tobacco were charged for an ordinary license within two
miles of St. Mary’s and 1,2C0 lbs. for the same privilege within any county.
Johns Hopkins Univ. Studies , Vol. 10, p. 343.

3 Laws, 1797. Approval of selectmen required.

4 Statutes, Henning, I, 189.

5 Statutes, II, 363.

108

Urdahl— Historical Survey of Fee Systems.

from her license money. The high peddlers’ and Indian trad¬
ers’ license fees have already been mentioned. Billiard table li¬
censes in connection with ordinaries were also introduced very
early in the South.1 Ferries were licensed every where, but fees
were at first rarely charged for the privilege.2 Many other li¬
cense fees were imposed at different times, but none of them
seem of sufficient importance to deserve special consideration
here.

C. COLONIAL REGULATION OF FEES.

As the interior of the colonies developed, it is but natural
that means of transportation should become of increasing im¬
portance. The attention of the colonial legislative bodies came
to be directed more and more to ferries, toll-bridges, toll-roads,
and other transportation facilities.3 At first the permission
to build them and levy toll for their use, was granted by special
acts.4 In some colonies, however, these rights were granted by
the governors. The regulation of the amount of fees to be
charged was, as a rule, left to the legislative council, which ex¬
ercised this right very frequently. But in spite of the best
regulation, and in spite of the heavy penalties imposed for vio¬
lations, unjust and discriminating tolls continued to be col¬
lected by the various ferry-men and toll-gatherers. Complaints
were also made that the judges, sheriffs, clerks, and other fee
collecting officers, connected with the courts, charged illegal and
extortionate amounts for their services.

The legislative bodies made numerous attempts to prevent
these abuses. But with each new regulation which checked some
existing abuse of the fee-system, some other subterfuge 5 or way
of evading the law, so as to collect heavy fees, was often in-

1 South Carolina in 1741 charged 40s for billiard table licenses.

2 In Massachusetts in 1781 the clerk making out the ferry license was
allowed to charge 5s therefor. Laws, Dorsey, I, 176.

3 Ferry tolls regulated, Colonial Laws of Mass, (reprint), p. 151.

4 Mass. Law, Feb. 14, 1797; 1694; 1726, 1760, etc.

6 Separate fees were charged in Virginia for each of several small parcels
of land, when one fee would suffice. Bacon’s laws attempt to remedy
this. Statutes at Large, Henning, II, 355.

Fees in the American Colonies .

109

vented by the slippery collectors.1 In course of time the legis¬
lation seems to have accomplished at least one great reform in
most of the colonies. This reform consisted in securing pub¬
licity, as to the amount of fees which each public official could
legally charge for his services, by making provision to the effect,
that the fee bill should be posted up in a conspicuous place in the
office of each fee-taker.2 Colonial legislation consists largely of a
series of special laws. G-eneral laws came later on, after the
efficiency of each special law had been demonstrated. The above
mentioned reform was thus applied gradually.3 The offices in
which the abuses seemed most aggravating, were first brought
under this provision. In time others followed, until a complete
reform was accomplished, the importance of which can scarcely
be grasped by the student, who examines the subject from the
modern legal point of view. The colonial legislative bodies were
not the legal sovereigns which our legislatures are to-day. They
might make their regulations for the public official ; but so long
as the people did not know what these enactments were, the offi¬
cials might charge almost what they pleased, under cover of
law. The reform, therefore, which, though begun in the colon¬
ial period, has not been completely carried out in some of the
states even to this day, really took from the official the arbitrary
power which he often exercised, and made him directly amen¬
able to the will of the people, that is, to the law.

One of the most important colonial offices, outside of the
courts, was that of provincial surveyor, or surveyor-general, as
he was usually termed. Knowing, as we do, that the land
grants and land patents formed the chief source of the emoluments

1 Another way of evading the law was to require every fee payer to pay
heavy extras for copies of documents which he did not want or need. Ibid.,

Ill, 162.

2 A Virginia law of 1736 provided that a table of fees of each clerk and
secretary be set up in his office. Ibid., IV, 505; III, 164; IV, 59, 350, 490;
V, 341; VI, 98, etc.

3 In Penn’s charter, made in England, 1683, it was provided that all fees
be moderate and fixed by the provincial council and general assembly;
a table of fees to be hung up in each respective court. Colonial Charters
and Constitutions, by B. P. Poore.

110

Urdahl — Historical Survey of Fee Systems.

of the governors and other officers, it is perfectly natural that the
official who fixed the legal metes and bounds of their respective
lands, should increase in importance many fold. In that primi¬
tive state, his services became a necessity to everybody; as
everyone owned, or wished to own, land. In some colonies this
officer charged monopoly prices for his services. This led
to numerous acts regulating the fees which he might legally
charge.1 Still, the remuneratiou was usually sufficient to con¬
stitute a handsome salary.1 This is further evidenced by the
fact that enterprising young men, like Washington and Jeffer¬
son, made surveying their profession.

The quasi-public charges of attorneys at law caused so much
dissatisfaction, that in the end laws were enacted providing
maximum charges,2 and forbidding any attorney to refuse to
plead a case without just grounds. The large number of un¬
scrupulous and incompetent lawyers was perhaps responsible for
enactments, providing that attorneys should pass satisfactory
examinations before admission to the bar.3 The fees of numer¬
ous other public or quasi-public officials were from time to time
regulated or fixed in many of the colonies.

D. CHURCH AND SCHOOL FEES IN THE COLONIES.

It is perhaps well understood, that the colonial church and
state were not separate in the modern sense of the term. The
church still exercised many political or state functions, and was
supported, indirectly at least, by the state.4 It is true’that'at

1 The law of New York even went so far as to pay the surveyor a fixed
salary, and provided that all fees be paid into the treasury. Laws 1785,
XXXII. Surveyors’ fees fixed at 100 lbs. of tobacco for making a survey of
of 100 acres of land, in 1661. Statutes of Virginia, II, 99; III, 330.

2 Attorneys on admission to the bar were required to take oath that they
would not charge unreasonable fees. (1732.) Statutes at Large , Hen¬
ning, IV, 360. Attorneys fees regulated in Virginia. Laws, III, 162;
II, 479.

3 South Carolina license to practice law; fees 1£ 10s. Laws, 1791, V,
156; 1785, IV, 699, fees 1£ 10s; 1736, fee 4£.

* There was no distinction in Connecticut between the town, the church
and the school, as far as taxes were concerned. Every inhabitant was
compelled to help maintain each. History of Taxation in Connecticut.
Johns Hopkins University Studies, Vol. 14, No. 8, 62.

Fees in the American Colonies.

Ill

first the idea, that the minister should be supported by volun¬
tary contributions, was tried. But the force of custom was not
strong enough to make everyone pay these voluntary contri¬
butions, so legal compulsion was resorted to. In the South,
however, this method was not even tried. The laws1 here pro¬
vided, that the ministers should receive a twentieth of all the pro¬
duce, a charge corresponding to the old church tithes in England,
and the "centiemes” in France. These laws were, however, soon
repealed.

In almost all of the colonies, the ministers of the Gospel ob¬
tained a large portion of their remuneration from fees, collec¬
ted for both ecclesiastical and political services. They acted as
registers of births,2 marriages and deaths, and were given fees
for each registry; and, in so far as they acted in this capacity,
they were public officers. In some provinces they had power
to issue marriage licenses,3 and everywhere they were entitled
to the fees, fixed by law, for performing the marriage cere¬
mony4 and other purely ecclesiastical functions. One law even
went so far as to provide a fine, in case a larger fee was charged
than the law allowed.

The colonial schools, which existed only in the North, were
also largely supported by fees,5 6 paid by the pupils. It was at
times found necessary to appropriate money to make up the

1 “The minister shall have the twentieth calf, pigge, and kidd,” etc.
Statutes at Large , Virginia 1632, I.

2 Statutes at Large , Virginia, II, 54. Laws , New Hampshire, 1791, p.
297. Johns Hopkins University Studies, Vol. I, Parish Institutions in
Maryland.

In Massachusetts the clerk of court received 3 d. for each birth, death,
or marriage which he recorded. Colonial Laws , 1639, p. 188.

3 In North Carolina a fine of 5£ was imposed on any layman who per¬
formed the marriage ceremony in a parish where there was a clergyman,
one-half of which fine went to the clergy. Francis L. Hawks, History
of North Carolina , II, 170.

4 Fees fixed for performing a marriage ceremony, preaching a funeral

sermon, etc. Henning’s Statutes at Large , II, 55.

6 History of Taxation in Connecticut , Vol. 14, p. 66. Boone’s Edu¬
cation in the United States, p. 19. “They, (the schools) were not free,
tuition was paid for all.”

Wickhershain’s History of Education in Pennsylvania , p. 182.

112

Urdahl — Historical Survey of Fee Systems.

deficiency for those pupils whose parents were too poor to pay.
This led to regular appropriations. As the schoolmaster did
not receive enough fees for his pedagogic services to support
himself and family, he was compelled to supplement his income
from this source by serving in other capacities. In fact it was
quite customary to have him serve in an ecclesiastical, educa¬
tional, and public capacity1 at one and the same time, and for
each of these services he received fees. In this way, that is,
by holding several offices, the schoolmaster was able to obtain
a livelihood out of the few meager fees, which each position
yielded.

The relation of the fee system in colonial days to higher edu¬
cation, is an important subject which can only be touched upon.
Many license fees were early turned over to support colleges and
schools.2 In Virginia the charter of William and Mary College
provided that it should receive the fees and profits of the sur¬
veyor-general’s office, which at that time were not inconsider¬
able in amount.3 In the same spirit is an early law of Maryland
which provided that all sums received for marriage, ordinary,
hawkers’ and retailers’ licenses on the Eastern shore be applied
to the use of Washington College,4 and that all those collected
on the Western shore be applied to St. John’s College.5 6

Boone’s Education in the United States , p. 12, foot-note. The
duties of a New England schoolmaster were: (1) to act as a court
messenger, (2) to serve summons, (3) to conduct certain ceremonial services
of church, (4) to lead Sunday choir, (5) to ring bell for public worship, (6)
to dig graves, (7) to take charge of school, (8) to perform other occasional
duties.

2 Ferry between Boston and Charlestown licensed 1659. Revenues granted
to Harvard College. Colonial Laws , Mass., p. 139.

3 Virginia law of 1752 granted the receipts of peddlers’ licenses, at the
rate of 20£ for each license, to William and Mary College. Statutes, Hen¬

ning, VI, 245. Another law of 1759 reduced these fees to 3£ for each
license. Ibid., VII, 285.

ALaws, Md., 1784, Ch. 7, §§ 3, 5, 6, 8, 15.

6 Ibid., Ch. 37, §§ 22, 23, 32.

Fees in the American Colonies.

113

E. COLONIAL INSPECTION FEES.

Aside from ferry, bridge, and road-tolls, the inspection fees
were the ones which most directly touched the every-day life of
the colonist; even though they were by no means so numerous
or important as they became after the revolution. In the South
tobacco had already become the great staple, and it was early
found necessary to require all tobacco offered for sale to be in¬
spected. The first statute on this subject was passed in the
colony of Virginia in 1629. This provided that all tobacco ten¬
dered in payment of debts 1 should first be viewed and stamped
by a tobacco viewer or inspector. In other words, this law de¬
cided what kind of tobacco should be legal tender in payment
of debts. But there were other causes which led up to this leg¬
islation. Among these may be mentioned the fact that the
price of Virginia tobacco had been steadily declining in Eng¬
land, because of its inferiority to the Spanish tobacco.2 Fre¬
quent complaints were made by the merchants, who supposed that
this inferiority was largely due to the carelessness of the planters,
and as a result an attempt at tobacco inspection was made as
early as 1619. 3 Another law was passed in 1630, 4 the ostensible
purpose of which was to prevent the exportation of bad tobacco.
This was further amended in 1632, “ in order to raise the price
of exported tobacco, by improving its quality. ” 5

The same purpose is stated in the preamble of a provincial in¬
spection law of Massachusetts Bay Colony, in the following
words: “ to encourage the exportation and manufacture of the
best pot- and pearl-ashes, to secure credit abroad to our produce,
and thus displace those hitherto imported from Russia and other
foreign countries. ” 6 Provision is here made for the appoint-

1 Statutes , Henning, I, 152. Ibid., VIII, pp. 95, 223.

2 Virginia was forced to inspect tobacco because the price was continu¬
ally forced down by the poor quality. Dinwiddie, Papers , Va. Hist.
Colls., I, 38.

3 Statutes , Henning, I, 205.

4 All tobacco intended for export in Pennsylvania to be inspected (1656).-
Hazard, Annals of Pa ., p. 225.

5 Statutes , Henning, I, 190.

' Provincial Laws of Mass. Bay , III, 804-806. Similar provisions en¬
acted in New York. Laws , 1784, I, 100.

8

114

Urdahl — Historical Survey of Fee Systems.

ment of assayers of ashes, whose duty it should be to test the
quality of all ashes intended for export. Another law passed
by the same body in 1698, providing for the appointment of
searchers and sealers of leather was enacted, "for the better pre¬
venting of deceits and abuses by tanners, curriers and dressers,
or workers-up, of leather."1 A somewhat similar enactment
was enforced very early in the colony of New Plymouth.2 These
laws regarding the inspection of leathers were naturally made
necessary by the fact, that a large number of inexperienced
tanners attempted to work hides into leather, and thus flooded
the market with a worthless product. The object of this inspec¬
tion legislation was, therefore, to protect the consumers at home
against the frauds or inefficiency of the producers in this indus¬
try.3 The causes of later laws of the same character may be
gathered from the following preamble of a statute, passed by the
General Court of Massachusetts on June 21, 1710: 4 "Whereas
boards, plank, and timber are usually sold by the measure set
upon them at the mills where they are sawn, and bundles of
shingles are marked for a greater number than what they con¬
tain, wherein great fraud and deceit is too often practiced by
illminded persons, for prevention whereof . . . ” — meas¬

urers of boards and the like were to be annually elected in
maritime towns, who were required to view all lumber intended
for sale.

Many of these early inspection laws may be said to have orig¬
inated, indirectly at least, in the necessity of having official
gaugers of casks and other packages, in order to secure uni¬
formity and avoid fraud in the measurement of quantities bought
or sold. Thus we find an attempt on the part of Massachusetts,
to require the gaugers of casks and measures, not only to verify
the size of the cask or barrel of pork or beef, but also to inspect

1 Ibid., 313-314. An earlier statute dated 1641. Colonial Laws , Mass.,
p. 170.

2 Charter and Laws of New Plymouth , p. 189. Similar provision in
Mass, in 1641. Col. Laivs, p. 170.

3 Complaints were common about poorly tanned leather and shoes mad©
therefrom. Bruce, History of Virginia , II, 477, 481.

4 Provincial Laws, Mass., I, 656.

Fees in the American Colonies.

115

the contents. This new duty, placed upon the old gaugers of
casks, was not looked upon as anything new or novel, but was
designed to better carry out the purpose of the old statutes.1
In fact it was not even called inspection, in the earliest Mas¬
sachusetts laws, but seems to have been considered as a part of
the duties of sealers of weights and measures, and gaugers of
casks. But the element of inspection for some definite purpose,
soon becomes so prominent as to overshadow, to a certain ex¬
tent, the object of the old laws, resulting finally in special in¬
spection laws, entirely distinct from the enactments regulating
the sealers and gaugers of casks. As an example may be men¬
tioned the Massachusetts act of 1641, entitled “an act for the
preventing deceit of any person in the packing of fish, beef, or
pork to be put on sale in this or other jurisdictions.” 2

Numerous instances may be found in the colonial laws of any
one of the colonies, where attempts are made to insure integrity
both as to quantity and quality of goods put upon the market.
Some laws, however, are much more far-reaching, in that they
were intended to regulate the price as well.

The economic condition which must be regarded as the ulti¬
mate cause of much of this legislation, is the lack of a currency
or suitable medium of exchange. Most of the exchanges of this
period were barter, and were based on commodities rather than
money values. Tobacco especially was used as money, and was
recognized as such by law in Virginia, Maryland, and South
Carolina. Fines and penalties in many colonies were paid in
shingles, or other products; and taxes and fees were almost
everywhere levied and collected in kind. The need therefore
was soon felt, of having some public official to test and appraise
this heterogeneous currency. The attempts to regulate the
prices of certain commodities can be explained in the same way.
This was not sumptuary legislation, in the same sense that the
laws and regulations of the early Kings of France were. The
liberty-loving spirit of the colonists would tolerate no such
restraints. These laws, providing for measures of wood 3 and

1 Provincial Laws , Mass. Bay Colony, I, 50; II, 129-131.

2 Col. Laws , Mass., p. 130.

3 Provincial Laws, Mass., V, 1119.

116 Urdahl — Historical Survey of Fee Systems.

grain, gaugers of casks, inspectors of provisions of various
kinds, were intended to facilitate exchanges rather than to check
them, to stimulate and increase public and private credit, by-
furnishing greater stability to their standard of deferred pay¬
ments, and, finally, to insure certainty regarding quantity and
quality of the income of the public treasury.

It may perhaps not be evident at first sight, that there is a
vital relation between this inspection legislation and the fee
system. It was the fee system which made all this legislation
possible. These inspectors were invariable paid by means
of fees. According to some statutes half was collected from the
buyer, and half from the seller, while in other colonies the seller
was forced to bear the whole expense. This office became in
some places quite lucrative, especially in rapidly growing cen¬
ters of population. The number of commodities requiring inspec¬
tion were also multiplied, resulting very often in a proportional
increase in the number of inspectors, until at last we find every
town supplied with one or more officials of this kind.1 These
inspectors, as has already been intimated, were very often paid
by a certain allowance of the commodity inspected, and even
when the fee was reckoned in money, it was often commuted or
paid in produce. At first, therefore, it was quite customary for
the inspectors to carry on a trade in the product inspected.
This naturally opened the door for unscrupulous officials to en¬
rich themselves, by means of ail sorts of frauds and deceptions,
both in inspecting the commodities of others and in marking
their own produce. To prevent these evils laws soon appeared
forbidding, under heavy penalties, any inspector to trade in the
commodity which he inspected. Many other regulations were
also enacted to put an end to this prevalent malfeasance of office.

F. MISCELLANEOUS FEES.

Pilots were found to be necessary long before the colonies had
developed any commerce of their own; in fact, they were all the
more necessary in the early period, before the bays and channels
had been thoroughly sounded and the navigable waters explored.

1 Colonial Laws , Mass., p. 170.

Fees in the American Colonies.

117

The fees which they might be allowed to collect were therefore
early prescribed by law. But in this case the fees were regu¬
lated and fixed, not so much to prevent overcharges for pilotage,
as to provide sufficient remuneration in this occupation in or¬
der to enable trustworthy and efficient men to make it their pro¬
fession. The fees were therefore purposely made high, so as to
make them an incentive for efficient and reliable men to devote
themselves to this duty, in preference to the many other prom¬
ising fields of employment then open to them. Furthermore,
the fees had to be comparatively high, if the pilot should ob¬
tain a livelihood, because there were so few vessels to make use
of his service. But the growth of commerce resulted in an
enormous increase in the income of pilots. The old fees soon
began to appear burdensome, and finally resulted in an agita¬
tion for their reduction by law. Numerous laws followed which
attempted to establish the fees of pilots, and in various ways
to regulate the profession. South Carolina even went so far as
to pay her pilots salaries, and collect all pilot fees at the cus¬
tom house for the use of the state.1

Harbor fees 2 of various kinds were also charged at the most
important ports. At first, however, they were not collected with
any regularity. In the north these duties were usually collected
for some definite purpose, as the maintenance of fortifications
or the improvement of harbors,3 and consisted in a pound of
powder or more, according to the size of the vessel.4 In Mary¬
land the port duty was fixed at a pound and a half of powder
and three pounds of shot for each ton of burden. This was af¬
terwards commuted into a money charge of 14d. per ton. In
Connecticut5 they were collected during King George’s War for

1 Ibid., 1778, IV, 432, 184, IV, 598.

2 Statutes , S. C., 1690, pp. 51, 93; 1700, p. 173; 1702, p. 193.

3 Laics, S. C., 1785, IV, 656. Laws , Va., 1656, I, 176. Tonnage fees
levied in powder and shot according to the size of vessel.

4 Harbor fees for the maintenance of fortifications at Charlestown and
Boston were collected at the rate of 6d. per ton from all other than Eng¬
lish and Colonial vessels. The latter were required to pay only lOd. per
vessel. Col. Laws , Mass., 1645, pp. 159-160.

5 Taxation in Connecticut, Johns Hopkins University Studies , XIV,
No. 8, p. 59.

118

TJrdahl — Historical Survey of Fee Systems.

the protection of New London, and again during the French
and Indian War for the maintenance of a war ship. These port
duties were also collected for the maintenance of lighthouses,
and other maritime improvements or equipments.

The positions of searchers, surveyors, collectors, and the like,
in the more important harbors, were early known to be very
lucrative. Under the government of the province of New Neth¬
erlands and the colony of New York, the collectors of the port
of New York received a salary of 55£, surveyors and searchers
60£, comptrollers 55£, land waiters 50£, tide waiters, 30£; in
addition to which each received a large amount of fees.1 In
many harbors wharfage fees were also collected. In Massachu¬
setts these were graded in amount according to the nature of
the commodity placed upon the wharf.2 In 1752 Virginia col¬
lected lighthouse fees at the rate of 2d. per ton from all vessels
entering the Chesapeake, for the maintainance of her light¬
houses.3

Many other kinds of fees were .from time to time collected,
but their importance lies mainly in the fact, that they are in
many instances the forerunners of later charges. As an ex¬
ample, may be mentioned the fees for assessing and collecting
taxes, which in the early period formed part of the perquisites
of the sheriff or other judicial officer.4

G. COLONIAL FEES AND POLITICAL LIBERTY.

The inhabitants of the English Colonies of America did not
suddenly become conscious of their political rights in 1766.
The doctrine that “ taxation without representation is tyranny”
had in its essence been discussed and asserted for nearly a cen¬
tury. The stand which was taken in 1765 was the result of nu-

1 Civil List , N. Y., 1887, p. 179. In 1679, Miller, the collector of customs
of North Carolina, is said to have collected $5,000 in cash and thirty-three
hogsheads of tobacco in six months. J. W. Moore, History of North
Carolina , p. 23.

2 Colonial Laws , Mass., 1647, p. 147.

3 Statutes , Henning, VI, 228.

4 The Attorney General of the province of New Netherlands acted in the
double capacity of attorney general and sheriff. Civil List , N. Y., 1887,
p. 176.

Fees in the American Colonies.

119

merous contentions with the various governors over the fees of
office which these could legally collect. The conclusion of each
of these disputes left the people more conscious of their politi¬
cal rights, and led to stronger demands for their recognition.
No one of the colonies has been entirely free from struggles of
this kind. Under proprietary governments the governor was
continually tormented by the proprietor to find lucrative places
for the latter’s friends and connections. The fees and perqui¬
sites which these favorites collected in North Carolina, became
in time so unbearable as to result in an open quarrel between
the two houses of the legislature. The lower house representing
the people finally won the day, and passed an act in 1762 regu¬
lating the fees of office which might be collected by the ap¬
pointees of the Governor. A similar struggle took place in
Maryland, over an act passed by the legislature providing that
the port duty, which up to that time had been collected by the
Governor, nominally for the support of the forts and fortifica¬
tions, should be granted him by law, but should not be levied as
his prerogative. The preamble of this act stated “ that it was
not their intention to deprive the governor of an honorable sup¬
port, but only to assert and maintain for themselves, their con¬
stituents and posterity, that principle and most essential
branch of liberty to which they conceive themselves entitled
as subjects of Great Britain, of not being liable to the payment
of money, tax, impost or duty, except such as shall be war¬
ranted, raised, and assessed by the laws of the province.”1 A
similar dispute arose in 1754 regarding the so-called duty
on ordinary licenses which the lower house claimed as public
revenue.2 The history of every other colony presents numerous
instances of this kind. The citizens of Massachusetts were re¬
peatedly opposed to their governors on the question of fees of
office or other prerogatives, while New York, after a long ser¬
ies of contests on just such questions, finally succeeded in mak¬
ing the governor amenable to the legislature, both in his ap¬
pointments and in the collection of fees of office. Liberty-loving

1 MacMahon, History of Maryland , p. 179-180.

2 Ibid., p. 298.

120

Urdahl — Historical Survey of Fee Systems.

Vermont rose in open revolt against the right claimed by her
governor to collect extortionate land patent fees.1

These objections were not made all at once, but were raised
against certain specific fees, which had become especially bur¬
densome. Being thus led, unconsciously almost, to discuss and
formulate their privileges as opposed to the prerogatives of
the crown and the governor, the colonists gradually evolved the
principles which were afterwards laid down in the Declaration
of Independence. Furthermore, these disputes tended to keep
alive the spirit of liberty, and kept the colonists alert to pre¬
vent infringement upon their rights, causing them at times even
to seize upon and overthrow old established prerogatives and
perquisites. It is for this reason that we see the colonial gov¬
ernors, in spite of their aggressiveness, constantly losing ground
to these persevering frontiersmen.

The final struggle, which resulted in the achievement of Ameri¬
can independence, was but a repetition of the protests which
had been made again and again, against the imposition of ex¬
tortionate and unauthorized taxes under the guise of fees. It
came about in this way: No direct taxes had been imposed on
the colonies by Great Britain up to 1765. Plantation dues
and duties had been levied, but these were merely for regula¬
tion of trade. Having learned from past experience that Eng¬
lishmen were likely to object to new direct taxes, the ministry
determined to use a method of obtaining revenue that had been
successfully employed in the home country, namely, by levying
the taxes under the guise of fees. They pretended that the new
stamp charges were of the same nature as the payments for
postal stamps.2 These stamp taxes were, as a matter of fact,
not very heavy; indeed, they were much less burdensome than

1 For an account of the struggle over the “ pistole ” fee for land patents
in Virginia, see Dinwiddie’s Papers , I, pp. 44-47, 363.

2 Dowell, Taxation in England , II, 147. “ Is not the Post Office, which
they have received, a tax as well as a regulation? ” was asked of Benjamin
Franklin. He replied: “No, the money paid for the postage of a letter,
is not in the nature of a tax. It is merely a quantum meruit for a serv¬
ice done. No person is obliged to pay money if he does not choose to re¬
ceive the service. He may employ a special messenger if he likes. . . .”

Fees in the American Colonies.

121

many of the so-called fees, which had repeatedly been submitted to
in England. But the colonists refused to concede that the stamp
charges were payments for regulation. The result of this was
the American Revolution, which terminated, as every one knows,
in American Independence.

H. GENERAL CHARACTERISTICS OF THE FEE SYSTEM IN THE

COLONIES.

The most striking features of the colonial financial system is
that the greatest part more or less of the revenue was derived from
fees, inasmuch as all offices were self-supporting. There was
scarcely an official who did not charge and collect for his own use
fees of one kind or another. The “ social contract ” theory of
the state, which was commonly accepted for a time, really had
some foundation in the actual colonial conditions. Service and
counter-service was the theory on which the entire method of
remunerating public officials was based. It worked very well
for a time, that is, during the primitive period; but as soon as
the population became dense, and the amount of business to be
performed by public officials increased, opportunities for fraud
set in, which lead to the substitution of the salary for the fee
system. Another characteristic of the colonial period, which
belongs to all truck economies, is the fact that fees were paid
in kind, that is, in cattle, tobacco,1 corn, powder, shot, and so
on. Furthermore, the undifferentiated state of the public serv¬
ice made it possible for one person to hold several offices at the
same time, and, by means of fees from each, to eke out enough
to make a fair compensation.

The early colonial fee-system contains the germ from which
the modern fee-system developed. Conditions were such that
but few license and inspection fees were necessary, and harbor2
and pilot fees were in their infancy ; while court fees were well

1 A law was passed in Virginia to allow those who did not raise tobacco
to pay their fees in money.

2 Fees of shipping officers in Mass, ports in 1663: For taking bond, 5s.;
receiving and entering certificate, 2s. 6d.; for giving and recording certifi¬
cate, 2s. 6d. Colonial Laws , p. 223.

122

Urdahl — Historical Survey of Fee Systems.

developed, owing to the fact that they were taken directly from
the English system of jurisprudence. Finally a ferment, in the
form of dissatisfaction, was present which was destined to lead
to the gradual abolition of the fee system, as a means of direct
remuneration of public officials.

CHAPTER VI.

FEES IN THE EARLY COMMONWEALTHS (1787-1830.)

A. GENERAL TENDENCIES.

The revolution does not represent any definite break or divid¬
ing line in the development of the fee system. The increased
industrial and political activity of the decades following the
war, forced to the front the necessity of state regulation of vari¬
ous matters, which necessity had not been felt during the colo¬
nial days. The political self-consciousness of the individual
commonwealths, which was particularly strong during this
youthful period, manifested itself in more direct state interfer¬
ence with the affairs of individuals than in any succeeding
epoch. In general the individual state (commonwealth) was the
important political unit, to which all eyes were turned. This
often exercised its authority directly, without the use of the in¬
termediate political units, in the form of the city, county, and
township organizations, so often employed at the present day.
The individual citizen was then likely to meet or violate a state
law or state regulation at every turn; while now it is the mu¬
nicipal ordinances with which men come in most direct contact.
Local and special laws therefore were the order of the day in
every legislature. State regulation and state activity in one
locality required one schedule of fees to pay all expenses, and
in another locality a different rate.

The Early Period in the United States. 123

There is perhaps no body of legislation which so regularly
affects the economic conditions of the time and locality as the
early laws prescribing regulations involving fee payments. Uni¬
formity in legislation was not aimed at in that day. The per¬
iod may most appropriately be called the “Era of special legis¬
lation. ” Each individual ferry and toll bridge had a separate
and distinct tariff of fees prescribed by the legislature. The
pilots in one port or river were granted one scale of fees, while
those in a different harbor were given another schedule. The in¬
spection fees were at times made high or low according to the
character and location of the inspection office. General laws, es¬
tablishing fees or charges of various kinds, came later. Even the
court fees were at times made higher in one district than in an¬
other. The fee-regulations of the Federal Government had the
same characteristics. One schedule was applied to one port, and a
different one to another. The marshals of some localities were
allowed to make certain charges, while in others different rates
were fixed, because of the differences in population and econo¬
mic conditions.

B. SOME NEW LICENSE I EES.

One state after another resorted to the licensing of lotteries
and sometimes even to state management of them.1 Fees were
also charged for permission to sell lottery tickets. In the same
way we find the New York legislature in 1802 making a pro¬
vision for licensing the occupation of peddlers,2 which up to
that time had been a forbidden pursuit; while the southern
states had, from the earliest colonial period, not only licensed
and regulated hawkers and peddlers, but even derived consid¬
erable revenue from this source. Also the licenses to maintain
billiard tables were required very early in the South, while in
several New England states that privilege was not granted till
the beginning of this century. In all the states, however, such
licenses were granted directly by some commonwealth official,
and the fee paid therefor was for the use of the state, and not

^cMaster, History of the American People , I, 588.

2 Same provision in Mass. Laws , 1799, 1, 243.

124

Urdahl — Historical Survey of Fee Systems.

to the municipalities, as is customary at present. In 1806 1 the
Massachusetts Court of General Sessions passed an act giving
power to certain state officials to grant theater licenses, which
had been forbidden up to that date.2 The voice of the munici¬
pality was moreover beginning to be recognized; as is seen in
the fact that the license should only be granted on the recom¬
mendation of the selectmen of the town.

The key to the whole situation lies in the fact, that the ob¬
ject of all legislation in this period was to make the fee-collect¬
ing offices self-supporting, and still not allow the officials to re¬
ceive more than a fair compensation for their services. This
almost impossible task necessitated frequent changes to corres¬
pond to the growth in population and industry in each locality.
In general it may be said, that the only common characteristic
of the fee legislation of the different states during this period, is
the tendency of the states to perform services directly in the
interest of the public, which are indirectly a benefit to individ¬
uals, and to collect fees for such services. This extension of state
activity manifests itself in one direction in one state, and in a
different one in another. No general category of the fee-system
can be said to have originated in the period, although every
state introduced new regulations and collected fees which were
new, as far as the individual commonwealth was concerned.

C. DIFFERENTIATION IN ADMINISTRATIVE MACHINERY.

Prior to the Revolution many of the states had no adminis¬
trative machinery for assessing and collecting taxes, or for per¬
forming many other public functions necessary to the existence
of the modern commonwealth. Some of them attempted to uti¬
lize the judicial machinery which they had, to carry on the new
adminstrative functions. The sheriff is thus the tax collector in
a few Eastern States even to this day. But as taxation became
more and more important, it was found necessary to make the
tax collector a distinct public official. In the same way the as-

1 Laws , Mass., II, 150.

2 Statutes, S. C., 1817, par. 9. p. 384. Charleston may charge not less
than $500 for theater licenses.

The Early Period in the United States.

125

r-essor often became an indispensable official in the apportion¬
ment and collection of local taxes. These, as well as the town
and county treasurers, became, as a rule, fee-paid officials.
Most of the new states in the West have made them part of
their political machinery from the very beginning, and have con¬
tinued to remunerate them by means of fees down to the present.
The only difference is, that the rates have been lowered as
the amounts to be collected have increased.1

A comparison of the fee-system of this period with that of a
later epoch, demonstrates very clearly, how “division of labor”
in public affairs has almost kept pace with that of industrial
undertakings; and, furthermore, brings to light the regular
differentiation which has been going on in all public offices.
The attorneys’ fees allowed by law in 1788 in New York, in¬
cluded many semi-official charges which now are paid to recorders,
clerks, sheriffs, newspapers, and the like. This shows that the
attorney at that time performed many of the functions of these
officials; in other words, the duties of the attorney have been
gradually more and more narrowed and limited in various
ways. As an example of this may be mentioned the fact that
the public official known as the “ Schout Fiscal ” was entrusted
with almost every conceivable duty except judicial decision in
the early colonial courts of New York. He combined in himself
the power of public prosecutor and the executive duties of
sheriff.2 The same will hold of almost every official of that day
when compared with his modern successors.3

1 An example: South Carolina paid her tax collectors 7 34 per cent, of
the amount collected in 1803, while in 1813 the rate was reduced to 334 per
cent. Laws, 1813, VI., 712.

2 History of the Court of Common Pleas in New York , J. W
Brooks. New York, 1896, p. 10.

3 The secretary of state of N. Y. was at first also commissioner of the
land office, of the canal board, clerk of the council by appointment, clerk
of the board of regents of the state university, etc. The speaker of the
House of Burgesses also held the position of treasurer of the colony.
Binwiddie Papers, Va. Hist. Col., I, 73.

126

TJrdahl — Historical Survey of Fee Systems.

D. RELATIVE IMPORTANCE OF SOME OF THE EARLY FEES.

The conditions existing in the earlier settlements made some
legislative enactments have greater significance than they have
at present. The modern method of building durable fences
so rapidly and cheaply, for example, had not been invented.
Large commons, where cattle were turned out to pasture, exist¬
ed in all the original states. The owners of cultivated fields
were therefore in some localities compelled by law to fence
them. This often meant an enormous amount of work, and
even after the fields had been fenced, cattle would at times
break through the inclosures; in such cases the question of
damages resolved itself into whether the fence was legal or not.
Fence-viewers were therefore appointed in almost every county
to inspect and pronounce upon the various fences in dispute.
These officers were usually paid by fees which were of no minor
importance in the estimation of the colonists. An examination
of any of the early statutes will show a large percentage of acts
which relate to the subject of preventing swine from running
at large. Now one township, now another is brought under
this interdiction. After such an act had been passed, all swine
found at large were liable to be impounded and held by the
pound master until his fees were paid. Poundage fees were
thus no insignificant item to the early farmers, for the same
reason that at present they are of considerable importance in
the more newly settled agricultural districts of the West.

E. INSPECTION FEES.

The legislation which most distinctly manifests the tendency
toward state intervention on the part of the early common¬
wealths, is the inspection laws of this period.1 These, many
of them, had their origin in the economic needs or necessities of
the colonial period. The people were living in a truck economy.
The scarcity of money made it necessary to pay debts in com¬
modities. Under such circumstances it was just as much to the

Maryland required the inspection of hides, leather, lime, lumber,
shingles, plaster of Paris, flour, salted fish, coal, etc. Laws , 1813-1832.

The Early Period in the United States.

127

advantage of the buyer as the seller to have the commodities in¬
spected. Tobacco 1 was therefore subject to the most rigorous
inspection law, and one state even attempted to regulate the
amount which should be grown in order to prevent fluctuations
in price. Without such inspection, a debtor might pay his
debt with a very inferior grade of tobacco, while on the other
hand the creditor might refuse to accept the best brand of to¬
bacco for any assignable reason. The same is true in regard to
the other commodities.2 Debts were paid in any one of the
many staples. The inspection of these may be compared to the
government assaying of the precious metals in the older coun¬
tries. The inspection of other articles originated in the exten¬
sive export trade of each state; especially in the north, where
the articles which came under the inspection laws were largely
those which constituted the exports. Thus we find pot and
pearl ashes3 subject to rigid inspection in many states; salted
fish, beef, pork, flour, and many other commodities were very
early made subject to compulsory inspection. The fact that peo¬
ple were accustomed to the inspection of some articles made it
easy to extend the system of compulsory inspection to other
commodities. Lumber, hoops, shingles, grain, bark, leather,
hides, and many others, were added to the list which required
the mark or brand of the public inspector before they could be
sold. In the south the inspection laws affected pitch, tar, tur¬
pentine, tobacco, flour, lumber, spirits; in short, all the chief
staples.

Not only the inspection but the gauging and measuring of
commodities was required to be done by a public official, who
received fees for his services. This brings up another subject
which was of fundamental importance to the early common¬
wealths, that is, the regulation of weights and measures. The
Federal Constitution 4 provides that Congress shall have power

1 Account of tobacco inspection. Bruce, Econ. Hist. Va., I, 304.

2 Shingles were used to pay fines . Ibid., II, 158.

3 Ashes was the most important form in which the American forests
were utilized for export. Laws. Mass., 1807, II, 901-928. Laws , New
Jersey, 1821, R. S., p. 1043. Laws, N. H., 1785, p. 389.

4 Federal Constitution , Art. I, Sec. 7.

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Urdahl — Historical Survey of Fee Systems.

to fix the standards of weights and measures; but Congress has
never done so. The individual states therefore adopted and en¬
forced their own standards. Some of them made the sealer of
weights and measures a state officer, while others attached the
duties and emoluments of the office to some other state office.
Besides the state sealer, there were subordinate county sealers,
all of them paid by fees collected from those who had their
scales and measures tested. To provide further against the use
of fraudulent scales, it was enacted that dealers should have
their instruments of measurement sealed at stated intervals;
which resulted in considerable pecuniary gain to this office. )

It is noticeable that a large number of these and similar fees
were paid for services performed by the government to protect
the public, and more especially the consumers, against fraud on
the part of the seller. These regulations, which to us seem al¬
most superfluous, were at that time very necessary, because of
the imperfection of competition. The buyer was as a rule al¬
most helpless against the frauds of the seller. No way was
open to him to detect or avoid imperfection in the scales or
measures, unless the government gave him the means. Adultera¬
tions and goods of inferior grades might be imposed upon him
with impunity, unless there was an inspection law to which he
might appeal. Oppression, fraud, discrimination against the
weak, were the evils which were feared, and which many of
these laws attempted to guard against. The fees were payments
for real services to the seller as well as the buyer. The seal of
a public inspector added pecuniary value to the goods, while to
the buyer it was a valuable safe-guard against fraud and adul¬
terations.

F. REGULATION BY MEANS OF LICENSES.

Some states found it necessary to regulate the legal profes¬
sion, and at a very early date prescribed examinations and the
payment of license fees before admission to the bar was granted.1
Laws against over-charges by attorneys were not uncommon,

1 Laws Mass., 1803, II, 735. Admission to court of Common Pleas,
$20; admission to practice in Supreme Court, $30; degree of Barrister at
Law, $40.

The Early Period in the United States.

129

while one state required every attorney to pledge himself before
the license could be issued, not to charge illegal or extortionate
fees. Physicians1 became amenable to law, in that some states
required license fees, and prescribed examinations for all who
desired to practice medicine.

In short, license fees and regulation by means of license, be¬
came extremely common in the early part of the century.2
Auctioneers,3 pawnbrokers, retailers of various kinds,4 victual¬
lers, innkeepers, and others were placed under supervision, but
perhaps most important of all were the liquor licenses.5 These
were employed in all the states to regulate the establishments
in which liquor was sold. The charges vary from a merely
nominal fee to a considerable sum. Some commonwealths even
had a classified system of licenses ; among others may be men¬
tioned the beer license, wholesale liquor dealers’ license, retail
liquor license, for each of which a distinct fee was charged. In
the early history of the country it was customary for the
country grocer to sell liquor as well as provisions, which led to
the establishment of the license regulations for groceries in
general.

It should be borne in mind that liquor legislation and the
license system is a distinctively American development; al¬
though England has had almost the same experience, which has
resulted in similar regulations, still our system is not taken

1 In New Jersey, physicians for vaccination hospitals were required to
furnish bond for 1,000£ before they could obtain license. Act, 1789, Feb.
3, p. 302. The Massachusetts Medical Society was given power to exam¬
ine and license candidates, and to fix fees therefor. Laws, 1796,
par. 6, 42.

2 Broker’s license fee of $5, originated by an early Governor of Maryland.
Laws, 1818, Ch. 10, §1. Ibid., Lottery ticket broker’s fee, $500. Hawkers’
and peddlers’ license fee, $40. 1819, Ch. 184, §6.

3 South Carolina license fee, from $25 to $175. Statutes, XV, 797.

4 Pennsylvania venders of domestic merchandise, $20. Laws, Penn.,
1830, p. 387.

5 In Baltimore, liquor in quantities of 10 gal., fee $12; retailing generally,
fee $16. Laws , Md., 1827, Oh. 117, par. 2. New Hampshire beer-bottler’s
license, for first class fee, $75; second, $50. Laws, N. H ., 1814,
par. 148.

130

TJrdahl — Historical Survey of Fee Systems.

from England. Each of the original states, almost without
exception, passed through all the stages in the evolution, which
as has already been shown, may be roughly outlined as follows :
The bad effects of the unrestrained sale of liquor soon became
manifest; to remedy this, power was given to some public
officials to restrict the number of places where liquor might be
sold. From this it is but a step to a written license. Soon a
small fee is charged for the use of the licensing body. Little
by litle this fee is increased until it becomes the license charge
as we know it today. Before 1830 the liquor licenses were all
of them moderate, rarely exceeding $50 in amount, and usually
much less.

G. ROAD TOLLS, ETC.

After the colonies had recovered from the immediate effects
of the revolutionary war, a period of intense industrial activity
and prosperity set in, as is manifested by the enormous increase
in the number of internal improvements and other improve¬
ments and other enterprises. Pennsylvania was the leader in
road and bridge building. In this state 168 turnpike companies
and 61 bridge companies were incorporated1 between 1792 and
1828. The other states were progressing along the same lines.
Almost every legislature passed some special act incorporating
bridge and road companies, or granting ferry privileges. Many
of these undertakings were so large, that state aid was neces¬
sary if they should be successfully completed. Pennsylvania
alone subscribed over two million dollars to turnpike, bridge,
and canal companies in less than twenty years.2

Most of these improvements were not built by local political
bodies, for the free use of the people, but were speculative in¬
vestments for profit. The investors expected, in almost every case,
to recompense themselves, not only for the interest on the invest¬
ment, but also for the capital itself, out of the tolls to be col¬
lected for the use of the improvement. Some of the charters 3

1 Worthington, Finances of Pennsylvania, Amer. Econ. Assn. Publ.,

p. 20.

2 Ibid., 21.

3 1797, 20th session, p. 454. License granted to Anthony Dobbins to run
a stage from Goshen to New York.

The Early Period in the United States. 131

fixed a scale of maximum fees or tolls 1 which might be collected,
and in a few cases provided for a revision and reduction of the
same, after a certain number of years had elapsed. But the law
fixing the fees for each ferry, bridge, or toll-road, was not lived
up to in all cases, or was easily evaded, on account of the loose
wording of the special acts. The result was the continuation of
petty discriminations and annoyances of various kinds, due to
favoritism or antagonism of the toll collecting body to different
individuals. It was but natural that protests against these over¬
charges and frauds should begin to pour in upon the various
state legislatures; for protests of this kind were not uncommon,
even in the colonial period. In consequence, the legislatures usu¬
ally attempted to regulate the ferry and bridge companies, by fix¬
ing more detailed and elaborate schedules of rates and prescribing
penalties for their violation.2 But apparently the abuses con¬
tinued; for the laws of the period after the revolution fairly
bristle with special enactments regulating this, that, or the
other toll collecting company.

The problem which those early legislatures had to solve, was
exactly the same as the railroad problem of today, only on a
smaller scale. The abuses of that day, as shown by the com¬
plaints, were in miniature the very same as the complaints
against the railway companies at present. If history repeats
itself, the final solution of this early problem may point to a
similar treatment of the problem of today.

As has been stated, the early commonwealths tried regula¬
tion of various kinds.3 At first the right to establish ferry or
post roads was, as a rule, granted by the legislature for nothing;
soon, however, this power of issuing ferry licenses began to be
transferred to local authorities, the legislatures prescribing the
method and manner in which the grant should be made. Us¬
ually a bond for a certain amount was required for the enforce-

1 Act, Mass., passed in 1817, Rev. Stat. , 1836, p. 338.

2 These tolls collected by private companies were not fees. Their signifi¬
cance lies in the fact that they became fees when the state or municipality
took the roads out of private hands. Sometimes, also, they became license
fees, because the abuses practiced by the toll collecting companies led up
to regulative legislation of this kind.

3 Laws of New Hampshire , 1791.

132

Urdahl — Historical Survey of Fee Systems.

ment of the law regulating ferries. Thus we find in New York
laws, passed at the eighth session, a regulation to the effect
that “ each ferry license should be granted Jlor an annual rental, ”
which was in its essence a license fee. The law prescribed
what tolls should be collected besides numerous police regula¬
tions. Soon the power to make all these regulations was trans¬
ferred to the local authorities. Then comes the inauguration
of the great movement which has resulted in public ownership
of highways and bridges, but which is not yet completed as
regards ferries. The change from private ferries to free public
bridges has however been carried out wherever the cost has not
been too great.

H. TONNAGE DUTIES IN THE NATURE OP FEES.

It is the state tonnage duties of this period 1 that reveal most
clearly the dependence of the early commonwealth on colonial
institutions. These were duties, levied with the consent of
Congress, on vessels entering certain harbors or water-courses,
and were, originally at least, intended as payments for the use
of improvements made or to be made in such rivers or harbors.
They were, perhaps, only partially in the nature of fees, because
they were at times levied to pay for improvements which were
about to be made. The service would only be actual, in case
the vessel returned to the harbor, and in that way received
benefit from the improvements. The significance of these duties
lies in the fact that they illustrate how the states had been ac¬
customed, while they were colonies, to pay for their harbor im¬
provements in this way. So very naturally they resorted to
the same methods after the Union had been formed, although
the federal constitution expressly prohibited it.2 These charges
all disappeared, as soon as the federal customs and tonnage
duties became firmly established.

1 R. I., 1790, to deepen channel at Providence; Mass., 1798, to improve
the Kennebeck River; Pa., 1805, to improve the Delaware River; Va., 1804,
1826, to improve the James River; N. C., 1824, to improve Appatomax
River; Ga., 1787, to improve Savannah River; Md., 1783, to improve Balti¬
more Harbor; Md., 1793, to improve harbor and pay health officer of har¬
bor.

2 The constitutionality of these duties was not questioned because the
consent of congress was obtained in each case.

The Middle Period in the United States.

133

CHAPTER VII.

THE MIDDLE PERIOD. 1830 TO 1865.

A. GENERAL CONSIDERATIONS

Beginning with the administration of President Jackson the
United States entered upon a period in many respects the most
remarkable in the history of the country. In a certain sense it
may be called the beginning of the industrial development, or
the industrial revolution, of the New World. Mighty strides
were made in all branches of learning and especially in the in¬
dustrial arts. The most wonderful inventions 1 were applied,
and machine production on a large scale began. Towns in¬
creased enormously in size 2 and importance so that city ques¬
tions were forced to the front. Gradually one power after an¬
other was turned over to municipalities, until they held in many
respects almost the same position as fee-collecting institutions,
that the states held in the earlier epoch. The legislature, to be
sure, fixed the maximum and minimum amount which might be
charged; but the towns had the power to fix the charge, within
those limits, and to grant licenses or to refuse them. These
municipal privileges were granted much earlier in a few isolated
instances,3 but the movement did not become general.

B. LICENSE REGULATIONS AND FEES.

As a result of the rapid growth of the cities the liquor ques¬
tion came into prominence, and high licenses were introduced

1 Telegraph, 1837; cheap postage proposed by Hill; steam propulsion,
etc., etc.

2 The percentage of total population living in cities increased from 6.7
per cent, in 1830 to 20.9 per cent in 1870. U S. Census.

3 Mayor and Aldermen of Hudson granted power to license taverns. Fee
not to exceed 16s per year. Statutes, N. Y., 13th sess., p. 195-196. Annapo¬
lis, Md., given power to regulate ordinaries and retailers of liquor. Laws ,
1784, Ch. 49. City of Washington given the same power, also the power to
license and regulate wharfs. Laws , Md., 1784, Ch. 45, § 12. Georgetown
granted similar powers. Ibid., 1799, Ch. 85, § 2.

134

Urdahl — Historical Survey of Fee Systems.

not only to regulate the sale of liquor,1 but also for permission
to carry on various other occupations. Maryland required
licenses to be taken by keepers of cook-shops or taverns, peddlers,
and others. The fees were collected partly for regulation but
largely for revenue. An attempt to vary the size of the fee ac¬
cording to the amount of stock 2 was inaugurated as early as
1828. This same idea was applied roughly to the charges for
peddlers’ licenses in New Jersey, in that a peddler on foot was
required to pay only eight dollars, while one with a horse was
charged fifteen dollars.3 Pennsylvania was almost the first to
extend her license system so as to include a very large number
of industries. Brokers of all kinds, venders of foreign and do¬
mestic merchandise, sample agents, and many others were
brought under its requirements.4 Pursuits in which fraud was
most likely to be practiced, were charged a higher license fee
than others. But there is no uniformity in the different states
in this respect. Each law was passed usually under pressure of
circumstances.5 The conditions of one state brought the abuses
of one pursuit to light, while another at the same time felt the
need of regulating a different occupation.

Shows, theaters, and circuses had become of far greater im¬
portance than at any previous period. This is manifested by
the number of acts which regulate and license these amuse¬
ments,6 also by the fact that the license fee is slowly increasing

1 Liquor license in Maryland from twelve to fifty dollars. Laws , 1832,
Ch. 26.

2 Laws, Ind., 1828, Ch. 85.

3 Statutes, N. J., 1816.

4 Law, Penn., 1830, p. 387. Much of this later license legislation was
unquestionably directed toward raising revenue, and was in essence taxa¬

tion; but its importance in this connection lies in the fact that it originated
as pure license fees. During the period under consideration, many of the
license charges possessed all the characteristics of pure fees. The license
and business taxes which became very common in the South, were radi¬
cally different, although they too originated, indirectly at least, in license
fees.

6 In some states clock -peddlers were charged no license fee, while in Penn¬
sylvania thirty dollars was charged for each. Ibid., p. 39.

6 Statutes, N. H., 1850, Ch. 971; Md., 1841, Ch. 194; Penn., 1850, p. 147.

The Middle Period in the United States.

135

in amount.1 The importance of the large cities is here again
recognized by the fact, that a higher fee was collected for these
licenses in the great towns than in small ones.

C. THE DEVELOPMENT IN INSPECTION PEES.

The system of inspection continued to be elaborated and en¬
larged in such a way that new articles were continually added
to the list coming under this requirement. Furthermore, new
and more complex schedules were made of the old inspection
fees. Many of these early laws were designed to protect the
consumer, and forbade the sale of uninspected articles. This
provision was soon found to be too onerous to some producers,
and as a result inspection laws were made applicable largely
only to articles intended for export.2 Sometimes, however, a
few products, which were deemed especially liable to adultera¬
tion or deception as to quality, were in some states kept under
compulsory inspection; as, for example, in Pennsylvania, flour
intended for sale,3 in South Carolina, turpentine.

To understand fully the significance of these state export in¬
spection laws, it is necessary to bear in mind that the export
trade had not become centralized in a few great ports as it was
later on. Cheap transportation other than by water was not
even dreamed of. Every state which had any seaboard at all,
carried on its own export trade, instead of sending its products
to New York or other great ports, as is customary at present.
Each little harbor drained, as it were, the products of the ter¬
ritory surrounding it. It was not American pork and Ameri¬
can wheat that was quoted in European markets, but it was
New York flour, Virginia tobacco, Carolina pitch, and so on;
each state became in a sense responsible for the quality of its
own goods. It is then not difficult to understand why each
state laid so much stress on the inspection of its own products

1 Laws , Penn., 1845, p. 532.

2 Compulsory inspection, except of exports, was abolished in New York
in 1845. Laws , Ch. 202, Par. 1. In North Carolina provisions, cotton,
turpentine, tobacco, lumber, and the like, were required to be inspected
before exportation. Laws , 1856, Ch. 27.

3 All timber sold must be inspected. Laws , S. C., 1856, XII, 580.

136

Urdahl — Historical Survey of Fee Systems.

intended for export. The exporter was not only required to
pay a fixed fee for each quantity of goods inspected, but in some
cases was compelled to buy a certificate stating that the entire
cargo had been inspected, before the vessel could obtain its
clearance papers.1

Facilities for ascertaining the weight and measure of articles
bought or sold, were not as yet in the possession of the masses.
The increasing amount of buying and selling which was done
by means of comparatively few scales and instruments of meas¬
urement, presented a fine opportunity for large profits by means
of fraudulent instruments. A sealer of weights and measures to
test regularly the accuracy of all scales, was therefore an eco¬
nomic necessity. The services of this official were directly in the
interest of the owner of the scales, because his instrument re¬
ceived the official sanction and approval. It was therefore not
unjust to require him to pay the inspection fee. With the
growth in population the number of scales multiplied very rap¬
idly. As a result the number of sealers required was very much
greater, and the amount of fees paid to these became of more
importance.

D. NEW INSPECTION FEES.

The industrial progress of the community shows itself most
directly in the canal and railroad building, and the employment
of steam in navigation. As a result of the imperfections of the
earlier built engines, their use was not so safe as it has since
become. Railway, steamboat, and other accidents were very nu¬
merous, due to boiler explosions or fires caused by the applica¬
tion of steam as a means of propulsion. Lives were lost in
large numbers; steamboats went down with all on board; rail¬
road holocausts were frequent; all of which resulted in pressure
for legislation to protect the lives of the public against the sup¬
posed carelessness and greed of transportation companies. The
states2 therefore stepped in and passed acts making railroads
responsible for injuries received in railroad accidents.

1 Laws of New Hampshire, New York, and of other states.

2 Massachusetts took the lead, followed by the other NewEngland states,
and by New York and Pennsylvania before 1850; while the North-

The Middle Period in the United States.

137

But the states could not regulate steamboats engaged in inter¬
state or foreign commerce, because this power was given to
Congress by the Constitution. A bill was therefore introduced
in this body, and passed in 1850, providing for United States
steamboat inspectors, whose duties should be to test all boilers,
inspect the boats, and see that the required number of life-boats,
life-preservers, and the like were carried. As a compensation
they were allowed to collect fees from the boat owners for each
inspection.

E. LATER FEES AS COMPARED WITH EARLIER FEE SCHEDULES.

A comparison of the tables of fees of the middle period with
those in force in the colonies, shows not so much a reduction in
the size of the various fees as an attempt to put all charges in
round numbers, in other words, to charge such amounts as
would seem most convenient and customary for the public to
pay. A comparative study of the early schedules of fees seems
to show that there was an attempt to compute accurately, in
dollars and cents, the cost of the various services performed by
public officials; while the later fee-bills appear to be attempts
to approximate roughly the cost of the service, rather than to
really measure it. If we glance at the numbers in an early fee-
law, they run as follows:* 1 5, 17, 25, 34, 13, 19, 42, 67, 50, 85,
etc., while a later statute of the same kind would show the
following figures: 40, 25, 50 cents, $1, .50, .20, etc.

This would seem to indicate a regular increase in the amount
of the fees, but a general statement that such is the case can¬
not be made. There may be a very decided increase in one
state or in one part of a state, while in another there may be a
decided decrease. A further explanation of some of the odd
numbers in the earlier schedules is the fact, that the colonial
fees were expressed in pounds and pence and, in the earlier
laws, these were simply translated into their American money
equivalents.

western states all passed similar laws between 1850 and 1860. Rhodes,
History of the United States, II, 18.

1 Statutes, Conn., 1796.

138

Urdahl — Historical Survey of Fee Systems.

F. NEW STANDARDS OF MEASUREMENT.

In course of time new standards of measurement are intro¬
duced. Recorders’ fees were, as a rule, so much per folio.
“Folio,” however, is an ambiguous term, of which the recorders
were not slow to avail themselves; and, as a result the states
one by one passed acts defining its meaning.1 Peddlers’ license
fees soon become graded according to the amount of goods which
were carried, and also according to the nature of the goods
sold.2 Liquor licenses are made to vary in some states accord¬
ing to the number of kinds of liquor sold on the premises; in
others according to the quantity sold at the time; and in still
others according to the value of the stock,3 or the rental value
of the premises, and so on. In billiard table licenses there is
usually a smaller charge for the second table on the same prem¬
ises than for the first. In a few states the charge for inspec¬
tion is slightly lower if there is a large quantity of goods in¬
spected at one time, than for small quantities.

G. INCORPORATION FEES.

Another set of fees, which may be said to be a direct result
of economic conditions of the middle period, are the payments
which have been designated by the general term, “ incorpora¬
tion fees. ” These are, in a certain sense, one of the few sur¬
vivals of the ancient Regalia, or lucrative prerogatives, which
belonged to the sovereign. The right of incorporation was at
first simply one of a large number of franchises4 granted by the
King. In common law the words “franchise” and “liberty”
are synonymous. Blackstone defines a franchise as a “royal
privilege, or branch of the king’s privilege, subsisting in the
hands of a subject.”5 It may be “vested” he says “in natural

1 Some states fix 100 words to the folio; others 80, and so on.

2 First there is one charge for all peddlers’ licenses; then there is a
higher charge for a license to peddle with a horse; then the charge is
further increased for license to peddle with two horses, and so on.

3 Pennsylvania adopted the system as early as 1840.

4 Blackstone mentions as franchises the right to have a manor, to hold
court-leet, to have lordship, to hold estrays, to use royal fish, and so on.

5 Blackstone, II, 37.

The Middle Period in the United States.

189

persons or bodies politic.” The most common of all franchises
came to be the grant of corporate existence, with which were
coupled other rights, such as the right to take tolls on high¬
ways, and similar privileges. In the United States most of the
other franchises dropped out of sight, and to the popular mind
the word usually means a privilege to use highways, or streets
for some purpose or other. It is thus clear, that it is a last
remnant of a large number of grants which were formerly made
by sovereignty. The first American franchises were granted
to turnpike, bridge, and ferry companies, usually by special
charters. No charges or fees were collected for the earlier ones,
and even after the applications for charters became numerous,
charges or payments of any kind were rare.

But with the increasing value and earning capacity of these
corporations, whose activities the charters made possible, the
tendency becomes general to impose charges, which are virtually
payments for the right to exercise those privileges. A careful
study of conditions will show that the special benefit conferred
on individuals through these various charters, were at first so
small that the grant might well be made for nothing;1 especially
since the public was oftentimes largely benefited by the enter¬
prises which were thus put into operation. Later on, however,
the special benefits conferred by the charters were very valua¬
ble, and a moderate payment was simply a slight remuneration
for the privilege given.

There are a few general causes which may be said to have
led up to, and brought about the general incorporation laws of
this period as contrasted with the early special laws. In the
first place, the grant of charters and other corporation privi¬
leges degenerated into acts and laws which were passed by
means of political chicanery and intrigues. Indeed, to such an
extent was this carried that politicians made it a business to
obtain charters of such a general character, that they could be

1 The early charters for water companies in the state of Connecticut,
known as acqueduct companies, were in reality for co-operative corpora¬
tions of farmers secured for the purpose of supplying themselves with
water. No fees were paid for these charters. These are in one sense the
precursors of the modern water-supply companies.

140

Urdahl— Historical Survey of Fee Systems. .

used equally well for any kind of a corporation.1 When ob¬
tained, these franchises would be sold to anyone wishing to buy.
In this way a bill might be passed without debate or delibera¬
tion which would be instrumental in creating corporations with
powers and privileges dangerous to the general public.

In the second place, it was a period of intense industrial
activity. Corporations were needed everywhere to carry on the
railroad and canal-building, shipping and other industrial en
terprises. Finally, the decision of the Supreme Court in the
Dartmouth College case, holding that the privileges granted
away by means of these special charters could not be altered or
resumed by subsequent legislation, led up to constitutional
amendments reserving power to the state to alter and amend
all charters. All these things may be said to have been the
causes that brought about general incorporation laws prescrib¬
ing the method of procedure which a body of persons must follow
in order to become incorporated. Comparatively few states,
however, had reached this stage before the war.2

The significant part of most of these general incorporation
laws is the fact, that a regular incorporation fee is charged,
small in amount at first, but gradually increasing until it be¬
comes the fee which is at present known as franchise taxes,
charter fees, incorporation charges, and by many other desig¬
nations. A little thought will convince anyone that the char¬
ters were not obtained for nothing, even when they were
granted by special acts. Very often more than the amount at
present paid as fees, had to be expended in one way or another
to secure the passage of the special act. In one sense it may
therefore be said that the general law took the fees out of the
politician’s pocket, and turned them into those of some public
officer and sometimes into the public treasury.

1 The notorious Credit Mobilier owed its existence to a charter obtained
in this way.

2 Connecticut passed a general incorporation law in 1845. A New Jersey
incorporation law dates back to 1811.

The Federal System.

141

CHAPTER VIII.

THE FEDERAL FEE-SYSTEM.

A. PATENT AND COPYRIGHT PEES.

To the public generally the best known system of fees col¬
lected under the federal laws, is undoubtedly that connected
with the National Patent Office. This office is one of the insti¬
tutions which were conceived and established by Jefferson in
1790. Before that date some of the states had by legislative
acts granted patents and copyrights for short periods of years,
but none of them had any complete system.1 True to the ideas
then current, that fees should pay salaries directly, and should
only be sufficient to make the public institutions self-support¬
ing, Jefferson made the patent office fees very low, and al¬
lowed all of them to be collected as salaries by the patent office
officials.2 But the receipts were found to be inadequate to pay
expenses; so in 1793 a law was passed which increased the fees
to six times the former amount. This continued in force up to
1836, when a new act was passed which provided that patent
officials should be paid salaries, and that all the fees collected
should be paid into the treasury. The Patent Office fees re¬
mained about the same for United States citizens, but foreign
applicants were compelled to pay much larger sums for patent
rights.3 Provision was also made for the right to extend the
the life of a patent, and a fee of forty dollars was to be col-

1 Statutes , N. Y., p. 274; Copyright act, 1777. Massachusetts patents,
1639; Colonial Laws , p. 182.

Governor and council have power to encourage inventions in Pennsyl¬
vania. Laws , Duke of York, p. 251; charter of Province of Philadelphia.

2 Jefferson’s schedule was as follows: Filing petition, 50 cents; filing
specification, 50 cents; making out patent, $2; affixing seal, $1; endorsing
and delivering, 50 cents.

3 Statutes at Large, U. S., V, 513. Citizens of Great Britain, applica¬
tion fee, $500; any other country, $300; citizen U. S., $30; caveat, $20; ex¬
tension of patent, $40; appeal from examiner’s decision, $25.

142

Urdahl — Historical Survey of Fee Systems.

lected for each extension. This schedule remained in force up
to 1861. Congress then passed an act which reduced most of the
old fees by one-half, but enlarged the fee bill so as to require
payments for official acts which up to that time had been free.1
The discriminations against foreigners were also repealed.

With slight changes this schedule has remained in force up
to the present. New duties are gradually taken over by the
patent office, because the sphere of invention becomes broader
with every new discovery in science, and the technicalities of
patents and patent rights become more complicated. New fees
are therefore constantly being introduced to pay for the more
elaborate and thorough examination which must be taken in the
interests of the patentees.

The copyright law has been subject to less change than the
patent law, and the fees have remained uniform almost from the
beginning. The first act, passed in 1790, fixed the copyright
fee at fifty cents, and provided for a re-issue on payment of an¬
other fee of the same amount. These charges continued un¬
changed in all the subsequent acts, except that a recent law has
taken all the fees out of the Librarian’s salary2 and required
their payment into the treasury.3

B. CUSTOM HOUSE AND OTHER IMPORT FEES.

The very first law levying import and tonnage duties made
provision for the payment of all officers connected with the cus¬
tom house by means of fees. Surveyors, weighers, gaugers, in¬
spectors, and collectors, each had their own fees defined by this
early act of 1787. Clearance and entrance fees for ships were

1 Ibid., XII, 246, each caveat, $10; each original application, $15; issuing
each original patent, $20; each application for reissue, $30; each ap¬
plication for extension, $50; recording assignments, etc., extra.

2 Revised Statutes, U. S., 1891, p. 951.

3 The applicant for a copyright is required to deposit two copies of his
book with the librarian, the cost of which may in one sense be reckoned
as a part of the copyright fee. There are, however, other fees collected
by the librarian, which are not absolutely necessary to the validity of the
copyright. As such may be mentioned a fee of fifty cents for each copy of
the certificate; and one of a dollar for recording the assignment of a copy¬
right.

The Federal System.

143

varied according to the tonnage. For ships of less than one
hundred tons, the fee was one dollar and a half, while all ships
of over one hundred tons were required to pay two dollars.
Payments were also made for permits to land goods 1 2 and for
each bond procured. In 1789 the coasting and fishing trades
were put under special regulation ,J by means of licenses, for
each of which a fee of fifty cents was collected; and in addition
a fee of ten dollars was charged for each certificate of enroll¬
ment. Foreign vessels were placed under similar restrictions
and compelled to pay for any privileges granted them. This
schedule of fees continued in force for two decades,3 when it was
decided to vary the amount according to the importance of the
port of entry, and a salary was added to the fees of office in
some of the Northern and Northwestern ports. A decade later,
in 1831, an act was passed which required all the fees collected
in the Northern custom-houses to be paid into the treasury, and
placed the customs officials of that section on a salary. Up
to 1864 most custom house officials of the Atlantic sea-board
received as compensation all the fees collected at their respective
offices. The enormous sums which some of these positions
yielded finally became known, and as a result Congress passed
an act 4 making $9,500 the maximum amount which any collec¬
tor should be allowed to retain, and providing that any excess
above this amount should be paid into the treasury. These pro¬
visions, however, did not prove satisfactory. So in 1879 a new
law was enacted which provided a schedule of fees to be exacted
from all who had dealings with the customs service. These
multitudes of fees, consisting usually in small vexatious exac¬
tions, were in many cases inadequate to compensate the officers
concerned, except in the busy ports where they aggregated
enormous sums. One of the sections 5 of the last named act pro¬
vided fixed salaries for naval officers, collectors, and surveyors
of the chief ports. There was no reason why this provision

1 In 1887 the fee for each permit was twenty cents.

2 Revised Statutes , U. S., I, 704.

3 Ibid., Ch. 107, par. 7, 1822.

4 Ibid., XIII, 134.

5 Section 23.

144 Urdahl — Historical Survey of Fee Systems.

should not have been extended to all the other officers con¬
nected with the customs service, specially since action to this
effect had been repeatedly recommended by the secretaries of the
treasury. 1

The tariff law of 1890, known as the McKinley bill,2 abolished
ail fees exacted for oaths except so far as provided in the act
itself. It also placed all officers on salaries equal to the amount
of fees which each would have been entitled to receive for his
services during the year. This was a step in the right direc¬
tion, but only a very small one, as the salaries were left just as
indeterminate and unclassified as ever.

C. LICENSES TO VESSELS.

In 1864 a new standard was adopted for estimating the fee or
charge for each permit or license to vessels, in that the fee was
was made to vary from twenty-five cents to one dollar, accord¬
ing to the tonnage of the vessel. Fees for permits to vessels
belonging to foreigners were fixed higher than those of citizens
of the United States. Then came an act in 1871 fixing the li¬
cense fee at twenty-five dollars for a vessel of one hundred tons
burden, and charging five cents extra for each ton over that
limit. The same change is noticeable in the fees which were
allowed for measuring vessels.3 Similar standards are applied
to boat inspection fees. The first law4 on this subject was en¬
acted in 1838, and fixed a fee of five dollars for the inspection
of any vessel, and the same for each boiler inspection. In 1852
vessels were divided according to tonnage into four classes5
ranging from one thousand tons to less than one hundred and
twenty-five, the fees varying from thirty-five to twenty dollars.
This schedule remained in force up to 1884, when inspectors
were paid salaries ; and the fees, which were fixed at ten dollars
for a vessel of less than one hundred tons and fifteen cents extra
for each additional ton, were collected for the treasury.

1 Report on Collection of Duties, Secretary Manning, 1895.

2 Statutes , U. S., 131, sec. 22.

3 Acts , 1790, Ch. 34, sec. 44; and 1864, Ch. 83, sec. 45.

4 Statutes at Large , 1838, V, 304.

5 Statutes , U. S., 1852, V, 73.

The Federal System.

145

D. MISCELLANEOUS MARITIME FEES.

Numerous other fees were from time to time collected for li¬
censes to carry on maritime and other pursuits. Wreckers and
pilots were compelled to obtain licenses at a cost of five dollars
besides a fee of one dollar for each annual renewal of the same.1
In 1864 this charge was increased to ten dollars for each license.2
A few years later the captains, mates, and engineers were placed
under the same requirements.3 From 1872 shipping commis¬
sioners 4 were allowed a fee of two dollars for each man engaged
by them for a crew and fifty cents for each certified discharge.
This law was modified in 1884 in such a way that all the fees
of the shipping commissioners were required to be paid into the
treasury.5

E. COURT FEES.

Most of the inferior officers of the Federal courts were, until
quite recently, allowed to retain some or all of the fees con¬
nected with their respective offices ; nor had any serious attempt
been made to reduce the income derived from fees to any fixed
amount, until the act of 1853, by which the allowance of deputy
marshals was limited to seventy-five per cent, of the fees earned
by them.6 This was followed by an act requiring marshals to
give an account of all fees collected, which finally resulted in
the act of 1878 fixing the maximum compensation of United
States marshals at $6,000, to be paid out of the fees earned
after the office expenses had been deducted. The clerks of the
United States Courts have continued to receive fees as salary
down to the present; and only slight changes have been made
in the original bill regulating their fees, for the most part in
increasing the number of acts for which fees might be collected.
United States district attorneys7 have also received the fees col-

1 Revised Statutes , U. S., 1853, 73.

2 Statutes, U. S., 120.

3 16 Revised Statutes , U. S., 473.

4 17 Ibid., 278.

• 22 Ibid., 8. 23 Ibid., 59.

6 Ibid., 1853, X, 161.

1 1bid., 1789 and 1791; district attorney paid salary and fees.

146

TJrdahl — Historical Survey of Fee Systems.

lected for their services almost up to the present. It is only with¬
in the last year these positions have become salaried. The ter¬
ritorial court officials still receive many fees for numerous serv¬
ices which are usually performed by other officers in the states.1
For example, fees for marriage licenses, recorders’ fees, and the
like are still received by them.

F. LAND OFFICE FEES.

It is in the Land Office that we first see the government
change from a fee-system of compensation to a salary system.
The prospects of gradually increasing government land sales
made it evident, that the fees in many offices would greatly
exceed the legitimate compensation for the work performed;
and it was equally evident that no adjustment of the schedules
could bring an equilibrium between work and pay about. So,
as early as 1818, we find an act which gave the land office regis¬
ters and receivers an annual salary of $1,500, besides one per
cent, of the money collected by their respective offices; pro¬
vided, however, that no salary should exceed $3,000 per annum.
But even this provision made a position in the land office of a
rapidly growing state exceedingly desirable. Hence in 1859
another act2 was passed which limited the salary of registers
and receivers to $2,500 in Western, and $3,000 in the Pacific
states. The land office fees constituted a very large part of
the original price of the land.3 In the Pacific states the fees were
thirteen per cent, of the total price, in some of the others they
constituted eleven per cent., and in many cases even more.
When the surveyors’ fees are added to these, one can realize
what an important item in the cost of the public land these fees
were. It must be borne in mind also that the fees had to be
paid, even though the land was obtained by pre-emption, by
tree claim, or in any other manner. The land office fees have
at times been used by unscrupulous officials as instruments for

1 Ibid., p. 96.

2 Statutes at Large , XI, 378.

3 Schedule in 1869: 160 acres of land at $1.25 per acre, commission $18;
80 acres at $1.25, commission $9; 40 acres at $1.25, commission $7; 80 acres
at $2.50, commission $18.

The Federal System.

147

carrying on some of the most notorious and fraudulent land
swindles, to the injury of actual settlers.

G. MISCELLANEOUS FEES.

The consular and diplomatic offices collect each year certain
fees for passports, consular papers, and other services. Orig¬
inally these formed part of the salary1 of the consul or minister,
as did the fees collected in the consular courts; but in 1860
these officials were required to account2 for all fees received in
any way in the exercise of their judicial authority.3 Many of
the fees were diminished in amount and some of them entirely
abolished by the act of 1891. Postmasters were also paid orig¬
inally by means of fees; and a remnant of the old system exists
even today, in the fact that the salary of postmasters in the
small towns depends upon the average receipts of their respec¬
tive offices for the four years preceding. As far back as 1845
an attempt was made to limit the compensation of these officials
by an act which provided that none of them should retain more
than $5,000 per year including his salary. Any excess should
be accounted for and paid into the treasury. This act was soon
superseded by the present law. Other fees regulated from time
to. time by Congress are the municipal fees of all kinds in the
District of Columbia. Fees for liquor licenses and for licenses
to innkeepers, peddlers, and many other occupations have been
fixed and changed again and again by Congress. One act which
very well illustrates the tendency of changing from fees to reg¬
ular salaries, is that of 1842, which expressly prohibits any
police official in the District of Columbia from receiving any
gift, fee, or emolument other than his regular salary.

The spirituous liquor, or excise licenses, as they are called,
and the industrial licenses of the war-period were not fees, but
taxes pure and simple. They were levied mainly for revenue,
and were essentially the same as the other indirect taxes of
this period, because no real privileges or services of any kind
were granted in return for their payment.

1 Revised Statutes, I, 255.

2 12 Statutes at Large , p. 75.

3 Revised Statutes, U. S., XIV, 226.

148

Urdalil — Historical Survey of Fee Systems .

CHAPTER IX.

THE EVOLUTION OF THE FEE SYSTEM AS SHOWN BY THE
STATE AND FEDERAL STATUTES.

The foregoing treatment of the changes in the Federal fee
system, illustrates incidentally a tendency which manifests it¬
self in the development of almost every state or municipality in
the United States. This tendency is to pass from a primitive
fee-system to a salary system. The forces which make this
change necessary and desirable, lie in the economic conditions
of a rapidly growing and progressive community. In a static
society, a society in which neither wealth nor population are in¬
creasing, the fee-system of remunerating public servants may,
with effectual supervision and wise administration, continue for
any period of time without resulting in either needless expense
or fraud of any kind. But in a progressive community, like
any one of our large cities or even states, it has been impossi¬
ble so far to frame any system or schedule of fees which will be
economical and still not be unjust to the fee-paid officer. A
purely clerical office in a city may, with a certain schedule of
fees, yield $5,000 this year; and next year, on account of the
rapid growth of the city or a revival in business, it may yield
five times that amount, or because of business stagnation, pro¬
duce only a small fraction of it. If any schedule should be made
absolutely just, it would require that the fees be adjusted to eco¬
nomic conditions each year by men who could forecast accurately
the future and take into consideration all possible changes and
chances. Such conditions are Utopian. No legislature or
county board can foresee how much business a district court is
going to have in a certain year. Fees, especially those of local
officers, when once fixed are not likely to be changed very soon.
The inertia of such legislation is very great; all the political
forces are against it. The growth of population may cause a
certain position to yield fabulous sums within a very few years.
This continues until some scandal reveals the true condition of af-

Evolution of Fee Systems in the United States. 149

fairs to the public, and arouses it so that it overcomes the in¬
ertia and obtains a revision of the law. But it is almost im¬
possible to invent a fee bill for an office which has been yield¬
ing $50,000 a year so as to make it yield only $5,000.
The easiest way for legislation to accomplish its pur¬
pose is to place the office on a salary and require the old
fees of the office to be turned into the treasury. At any rate,
such has been the trend of fee-legislation. The Federal legisla¬
tion reflects the movement more decidedly than that of the
states; still a careful investigation of the laws of any state will
show the same tendency. The legislation of one state for a
short number of years may not reveal such a change; but
taken all together the laws of any state show a more decided
tendency away from the fee system of compensating officials
than would seem possible to a superficial observer. There is no
regularity in the movement among the different states. One
legislature passes an act requiring the fees of one office to be
turned into the treasury, and another legislature makes the same
law applicable to a different office. At long intervals we find
acts which are almost revolutionary in character, in that they
are made applicable to a large number of officials.1

The individual laws are not the result of a general theory or
force of any kind, but are as a rule passed under pressure of
actual local or special conditions. In some cases aggravating
frauds and over-charges, in others considerations of public
economy constitute the motive power; but, whatever be the
immediate causes, the results show by the very fact of their
generality, that the indirect cause lies in the fee system itself.

There is, however, another method by which this tendency and
its consequences may be easily brought to light. This is by a
comparison of the number of salaried officers or the common¬
wealth’s pay-roll, as it may be called, with the unsalaried or
fee-paid officials at different times. A comparative study of
this kind shows very clearly how one by one the fee-paid offi¬
cials are transferred to the salary list. Allowance must, how¬
ever, be made for those cases in which the office fees are
abolished entirely instead of being turned into the public

1 Statutes , N. Y., 1839, Ch. 338, sec. 3.

150

TJrdalil — Historical Survey of Fee Systems.

treasury. On the other hand, this comparison will not repre¬
sent adequately the change; because the number of fee-collecting
offices has increased, owing to the differentiation in public
functions which has already been explained.

Furthermore, the transference of political functions and con¬
sequently of fees, from state to municipal bodies, has been very
general in all parts of the country. But even after all due
allowances are made, the evidence is everywhere very strong to
show that the salary system is gradually gaining ground, and
that in time, if the movement continues, it will displace the
fee-system. This does not mean that the fee-system is likely to
disappear entirely. It simply means that more and more fees
are required to be turned into the treasury instead of being
absorbed by the officers collecting them. It is a movement
toward economy in the management of public affairs which is in
line with all the ideas of the age.

CHAPTER X.

THE EVOLUTION OF THE FEE-SYSTEM AS REFLECTED BY THE
AMERICAN CONSTITUTIONS.

No series of public documents can be found which can serve
as a better index of the sober, conservative public sentiment of
the United States taken as a community, than the national and
state constitutions. A study of the provisions which may be
found in the state charters and constitutions, and which relate
directly or indirectly to the fee-system, from the first settle¬
ment down to the present day, better than anything else shows
the questions which were most important in the minds of the
framers of the constitution. Besides, each state constitution would
naturally reflect that part of the fee-system which in that par¬
ticular locality demanded regulation.

Evolution of Fee Systems in the United States.

151

Taking up the constitutions and charters in this way, we find
in the early charters no reference to the fee-system whatever,
with the exception of provisions to the effect, that judges and
chancellors shall receive and collect no fees other than those
fixed by law. Such a provision was contained by six of the char¬
ters and constitutions of the last century, and by seven of the
constitutions framed after 1800. 1 This shows that the early
colonists attempted to guard against the extortions which they
had experienced in England, and that they feared the power of
unscrupulous judges. This provision was especially significant
in the Charters, because the judges were appointed by the
Crown. Other provisions in these early charters were to the effect,
that the fee-bill of judges should be posted in conspicuous
places;2 that the Justices of the Peace should charge no fees ex¬
cept those allowed by law;3 and that no clerks of court should
be allowed to colleet any fees except those fixed by law.4

As soon as the colonies had achieved their independence, new
questions began to show themselves in the constitutional pro¬
visions concerning fees. The people had come to the conclu¬
sion that the judges would perform their functions better, if
they were in no way interested financially in the cases to be ad¬
judicated; and so by special act the legislatures had already
in many cases placed the higher judges on salaries instead of
fees. To prevent any return to the old system, a provision was
inserted in most of the constitutions 5 adopted after the Revolu-

1 Va., 1776; Vt., 1777, Sec. 23; S. C., 1776, Art. 24; Penn, 1683, Art. 9, and
1776, Art. 2, Sec. 30; Md., 1776, Art. 52; Ohio, 1851, Art. 4, Sec. 14; N. C.,
1828, Art. 3, Sec. 15; Neb., 1866, Art. 4, Sec. 6; La., 1845, Art. 71; Ark.,
1836, Art. 6, Sec. 8; 1864, Art. 6, and 1865, Art. 7, Sec. 19.

2 Constitution , Pa., 1683, IX.

3 Pennsylvania, 1776, Art. II, Sec. 30.

4 Arkansas, 1836, Art VI, Sec. 8.

5 The following is the order in which this provision appears in the con¬
stitutions of the several states: Pa., 1776, Art. 2, Sec. 23; Tenn., 1796,
5, 3; Del., 1792, 6, 3; Ohio, 1802, 4, 14; Ala., 1819, 5, 11; Me., 1820, 5, 2;
Mich., 1835, 6, 2; Fla., 1836, 5, 5; N. Y., 1846, 6, 21; Ill., 1848, 6, 16; Cal.,
1848, 6, 11; Wis., 1848, 4, 10; Va., 1850, 6, 14; Kans., 1859, 3, 15; Ore., 1857,
13, 1; Nev.. 1864, 6, 10; La., 1846, 78; Ga., 1865, 4, 3; Md., 1862, 4, 37; S. C.,
1868, 4, 9; Neb., 1866, 4, 7; Tenn., 1870, 6, 7; Ark., 1874, 6, 8; Col., 1876,
0, 18; Mont., 1889, 8, 30; Id., 1889, 5, 15; S. D., 1891, 5, 30.

152

Urdahl — Historical Survey of Fee Systems.

tion to the effect that the judges of the Supreme and Superior
courts should not be allowed any fees or perquisites of any kind.
As time went on, judges of other, and lower, courts were placed
on salaries and forbidden by statute to collect fees; and the con¬
stitution makers enacted this provision into permanent law.
One state adds the judges of probate court to the list of salaried
magistrates, and another state some other class of judges, until
the transfer is complete. The later constitutions have a provi¬
sion to the effect that all judges shall pay into the treasury the
fees collected and receive salary as compensation.1

This movement which is almost completed as regards judges,
is only at its beginning with the court officers such as court
clerks, constables, and the like. But some constitutional con¬
ventions have already taken the bold step of providing that no
public court officer, with the exception of justices of the peace,
shall receive for his own use any fees or perquisites whatever,
but shall be paid a salary fixed within certain limits by the leg¬
islature. Other states will follow this example, and it is but a
matter of time until this reform is completed.

Other provisions in the state constitutions show another
movement, which is quite as striking as that just mentioned.
This is the movement which has resulted in placing most of the
state officers on salaries instead of fees. It originated in some
of the colonies, by requiring the governor to turn the license
fees into the treasury, and little by little the’other fees and per¬
quisites were taken away from him. This change, however, came
about a half a century later than that concerning the judges.
One or two constitutions provide that the governor shall
receive no fees for his own use,2 but they say nothing about the
other state officers. Georgia by a constitutional provision
placed her attorney-general on a salary in 1782, and in 1798
added her state-treasurer and surveyor-general to the list. No
other constitutions had any provisions concerning this subject
until that of California in 1848, which placed the governor,
lieutenant-governor, secretary of state, comptroller, attorney-

1 Kas., 1859, Art. 3, Sec. 15; Md., 1867, 4, 37; Pa., 1873, 5, 13; Col., 1879,
4, 19; Ala., 1875, 6, 10.

2 Md., 1867, Art. 2, Sec. 21; Me., 1863, Art. 5, Sec. 6.

Evolution of Fee Systems in the United States.

15 3

general, treasurer, and surveyor-general on salaries and forbade
them to receive fees.1 After 1863 a provision to the effect that
state officers shall turn the fees of office into the treasury becomes
quite general, especially in the West.2 A few other provisions
of diverse tendencies are to be found; but they are as a rule
isolated instances, and do not illustrate any general movement.
A few Western constitutions are of special significance, because
they have attempted to regulate the fees of all county officials. 3

1 A few constitutions take the fees away from only a few state officers,
viz. : La., 1879, Sec. 77; auditor, secretary, and treasurer. Ala., 1875,
Art. 5, Sec. 25, ditto.

2 Constitution , Ore., Art. 13, Sec. 1; S. D., 1891, 21, 2; N. D., 1891, 3,
84; Nev., 1864, 17, 14; Neb., 1875, 5, 24; Mont., 1889, 7, 4; Md., 1874, 5,
24; Mich., 1850, 9, 1; La., 1879, Sec. 77; Ill., 1870, 5, 23; Id., 1889, 4, 19;
Fla., 1885, 4, 21; Col., 1876, 4, 19; Cal., 1879, 4, 19; Ark., 1874, 19, 11.

3 See pp. 186-189, seq.

154 Urdahl — The Present Fee System in the United States .

PART II.

THE FEE SYSTEM AS IT EXISTS AT PRESENT.

To obtain an adequate conception of the present character of
the fee-system in the United States, it is necessary to keep con¬
stantly in mind the economic background, or setting, as it were,
of the legislation concerning those public functions and activi¬
ties which invoke fee-payments. Laws and regulations by them¬
selves mean almost nothing, unless they are supplemented by a
knowledge of the conditions under which they exist. The ab¬
sence of slavery is by no means the most important character¬
istic of the epoch which begins at the close of the war. The
great industrial forces, although many of them were in opera¬
tion before the war, had not become so powerful that their in¬
fluence could be felt and observed as easily as it could be after¬
wards. Production on a large scale did exist to some extent
during the “Fifties;” but concentration of production as we
know it to-day, was impossible until the modern transportation
facilities had been developed. The great trans-continental and
other railroad systems were all of them built immediately be¬
fore or after the war; and were, in one sense, the direct causes
of the expansion of markets from purely local to national limits.
This market expansion made the development of enormous in¬
dustrial centers possible. These two factors, namely, the ex¬
pansion of markets, and the growth of cities, form the key, or
rather the cause, of much of the fee legislation enacted dur¬
ing the last forty years. Another great factor to which may
be traced, either directly or indirectly, most of the remaining
fee-legislation, is the wonderful expansion and development of
the West.1 This expansion brings to the front new issues and
new subjects requiring regulation, many of which involve the
payment of fees of one kind or another.

1 The indirect causes and other elements of this expansion are of little
or no significance to the subject in hand.

Inspection Fees .

155

CHAPTER I.

MODERN INSPECTION FEES.

A. INSPECTION FOR PROTECTION TO THE CONSUMER.

It is, perhaps, obvious that under the designation “Modern
Inspection Fees ” are meant only those fees which are collected
in accordance with inspection laws passed in modern times.
An examination of the laws of any state, will reveal the exist¬
ence on the statute books of a large number of laws which were
enacted comparatively early in the history of the country. It
is also self-evident that these do not as a rule represent the
tendencies of the present ; on the contrary, they are often “ dead
letters,” which have not been repealed because no laws have
been needed to displace them. Taken as a whole, the post
helium inspection legislation may, with a few exceptions, be
said to represent an entirely new movement, or tendency. The
articles which the earlier laws required to be inspected, were
largely agricultural products in a more or less crude state;
while the articles for which the modern laws provide inspection,
are generally manufactured products. Of these, however, only
those which are most easily adulterated, and whose adultera¬
tions are most likely to result in injury to public health or
safety, are placed under any restriction whatever.

1. Oil Inspection: First and foremost in importance is the
inspection of oil or petroleum, if we may judge by the number
of states which have deemed it necessary to enact compulsory
oil-inspection laws. The oil-inspection legislation probably or¬
iginated in the frequent explosions and consequent fires due to
the inferior quality of the oil at first put upon the market.
The modern oil-inspection laws may roughly be said to begin
about 1880. A few instances1 may be found earlier, but the
subject did not become of much importance until the great

1 Inspection law , Ind., 1863, 3 Stat. 370, p. 27. Rev. StaL, Mo., 1879,
par. 5848.

156 Urdahl — The Present Fee System in the United States.

American oil fields had been discovered and exploited. Indeed,
it is the aggressiveness and power of the Standard Oil and
other companies, in keeping up the price and lowering the
quality of the oil, which may largely be considered the
cause of the later legislation on this subject. The consumption
of oil increased enormously, until it became a necessity to
everybody; and as the quality gradually deteriorated, popular
discontent made itself felt in the form of legislation prohibiting
the sale of any oil below a certain quality. Public oil-inspect¬
ors were provided, usually by appointment, whose compensa¬
tion consisted in fees fixed in amount by law. In general these
were determined by the quantity offered for inspection at the
time, usually a certain number of cents per barrel. Many states
make the fees regressive in amount, in that the charge per
barrel decreases as the number of barrels inspected at the time
increases, from forty cents for a single barrel to ten or fifteen
cents if over ten barrels are inspected at one time;1 while one
state provides that the inspector shall be paid by the hour.2
The other state laws on the subject fix the fee per barrel, rang¬
ing in amount all the way from ten to twenty-five cents, with
no reduction for large quantities.3 Nebraska pays its oil in¬
spectors fixed salaries. Minnesota requires all oil-inspection
fees to be paid into the treasury, and other states limit the
amount which an inspector can receive as his official income to
a certain maximum.

2. Commercial Fertilizers : Another instance of compulsory in¬
spection for the protection of buyers or consumers is that of
commercial fertilizers. The importance of these to agriculture
and the opportunity for fraud, by means of adulterations and
imitations, which their manufacture offers, has led many states

1 Laws , Kan., 1882, Ch. 180, par. 5; Minn., 3889, Ch. 246, Sec. 2; Ohio
66, Vol. 117, par. 4; N. D., 1890, 107, par. 4; N. M., 1893, p. 118; Md.
1881, p. 571; Fla., 1893, p. 88, one cent per gallon for less thanfive gallons,
one-fourth of a cent for more than 5,000 gallons.

2R. I., 1896, p. 449.

3 la., 1896, Ch. 195, par. 4, 10 cts. per bbl. ; Mich. 1881, p. 43, 16cts. per
bbl.; Ark., 1883, Sec. 6-10, 25 cts. per bbl.; Wis., 1883, Ch. 156, 10 cts. per
cask; N. D. 1890, p. 219, 10 cts. per bbl.; Ga., 1880, p. 153; S. D., 1890,
p. 219, 10 cts. per bbl.

Inspection Fees.

157

to require official inspection or analysis before they can be sold.1
This is another case where an attempt is made to protect the pub¬
lic, not against adulterations of farm products, but against
adulteration of manufactured articles. One state requires the
manufacturer to buy a certificate of analysis from the state
chemist, at a cost of fifteen dollars, and to purchase
official labels stating the results of the analysis, to be attached
to each package sold.

3. Lime , Baling Powder , Gas Meters , and other articles :
Almost in line with the foregoing, may be mentioned the state
inspection of lime, which is at present compulsory in a few
commonwealths.2 The same purpose is manifest in the inspec¬
tion of gas-meters, which is made compulsory in some states,3
while many cities also have the power to require, and provide
for, the inspection of this article. Inspection of saleratus and
baking powder is of the same character, and is already made
compulsory in several states.

All of the fees mentioned in the preceding, and many others,
demonstrate the fact that it is manufactured products, as a
rule, which are deemed most liable to adulterations and other
frauds. It is the products of urban or collective labor that
most require the intervention of the state for the protection of
the consumer. In earlier years it was flour, beef, pork, and the
like about which the legislator was most concerned. It is true
that a few inspection laws have been passed since 1865 which
affect provisions in general; but, with one exception,4 they can
be found only in the older states, which have simply revised
and elaborated their old laws. The Western states included in
the Mississippi valley, which represent the tendencies of pro¬
gressive America more accurately, perhaps, than any other sec-

1 Laws, Me., 1895, Ch. 91, fee $20; Mass., $15 per ingredient; Ga., 1869,
p. 6, 25 to 50 cents per ton; Tenn., 1889, Ch. 226, par. 3, 50 cents per ton;
Fla., 1889, Ch. 858, 25 cents per ton.

2 Me., 1875; R. I., 1869, p. 113; Del., 1861, 30 cts. per carload.

3 Cal., 1885, par. 582, fee $2.50 for each meter; Conn., 1886, Ch. 169, $1;
Ohio, do.; Nev., 1877, par. 202, $2.50, to be paid by the user.

4 Ohio has quite an elaborate inspection law, passed in 1876. See code
of 1887, p. 170.

158 Urdahl — The Present Fee System in the United States.

tion, have none of them, so far as can be discovered, passed
any general inspection law affecting provisions, cr agricultural
products in general.

B. INSPECTION FOR THE BENEFIT OF THE PRODUCER.

Such a statement as the above may seem erroneous to one
who knows that many Western states have compulsory grain-
inspection and similar laws; but the grain-inspection laws of
the West have an entirely different purpose from the old in¬
spection laws. Their purpose is to protect the seller and not
the buyer. They are aimed at frauds and discrimination prac¬
ticed by the great elevator companies against the producers
or farmers. These companies in purchasing would very often
represent first-class grain to be of the second or third class,
and pay only third-class prices. The farmers generally would
have no means of protecting their interest, because no other
buyers were within reach. Much of the ware-house legislation
which attempted to fix the ware-house fees, had the same
purpose, namely, to protect the interest of the farmer or
seller against the buyer, who was usually the ware-house man.
The oleomargarine legislation is very similar in its aims and ob¬
ject. It is enacted not so much to protect the consumer as to
protect the dairjunen against a certain kind of competition.

Most of the regulations mentioned originated in the West,
and are a result of the opening up of its great resources and
the expansion of its population, both of which were made pos¬
sible by the improved transportation facilities. The old prob¬
lem, which consisted iu preventing the sale of inferior or un¬
marketable goods, has almost disappeared, primarily because
competition has become so much more perfect. The question of
determining quality or value is no longer important, as buyers
and sellers are in general more nearly on an equality than was
the case earlier.

C. INSPECTION FOR POLICE REGULATION.

The character of frontier life, or rather the form of industry
which is best suited to some of the Western states, is responsi¬
ble for the change in the significance of another class of inspec-

Inspection Fees .

159

tion fees. In the early states hides were very often inspected
to ascertain whether they were marketable or not. Some of the
Southern and Western states have adopted laws almost exactly
similar to the early enactments. They provided for regular
inspectors, whose duty it was to inspect all hides before they
were sold or exported, and who were allowed to collect fees for
such inspection.1 Stringent provisions were made to prevent
ranch owners or other individuals from shipping any raw hides
before they had been inspected. But though the early and later
laws are much alike, still their purposes are widely different.
The inspections under the later laws are not so much to ex¬
amine and pronounce upon the quality of the hides, as to ascer¬
tain the brand or mark. In other words, they are police regu¬
lations to prevent concealment of the theft of cattle in shipping
the hides of slaughtered animals.

But there are a large number of other inspection fees which
are paid for purely police regulations. Of this character may
be mentioned those due for the inspection of steamboats 2 and
boilers;3 of vessels by health officers;4 of mines;5 of build¬
ings; of halls used for public purposes;6 of sheep and cattle7
brought into a state, and examined with the view to prevent the
introduction of contagious disease; and many other regulations
of this nature. It is worthy of notice that this kind of regula¬
tion is on the increase; but, as a rule, the public welfare is so
deeply involved, that it is often deemed advisable to pay the
inspector out of the public treasury. 8

^ev., 1871, par. 118; Tex., 1876,301, par. 25; Fla., 1889, Ch. 389, par. 1;
Col., etc.

2 Cal., 1885, I, Sec. 582; Me., 1876, Ch. 148, par. 4; and others.

8 Conn. 1886, Ch. 129, fee $5.

4 Louisiana, fee for vessel of 7, 000 tons, $30; for less tonnage, $20; for
brig, $15.

5 Mont., 1895, par. 56, fee $10; Id., 1895, fee $5; la., Ill., etc.

6 Connecticut, Maine, and others.

1 Arizona, 1885, p. 50, fee ten cts. per head.

8 As examples may be cited the inspection of bee-hives, for the preven¬
tion of diseases among bees, and of fruit trees brought into a state.

160 Urdahl — The Present Fee System in the United States.

D. INSPECTION OF WEIGHTS AND MEASURES.

The sealers of weights and measures as state and local officials,
have tended to disappear. The reason, which has been elabor¬
ated in preceding chapters, is the gradual cheapening and con¬
sequent diffusion of instruments of measurement among the
people, so that nearly every one possesses the means of testing
the accuracy of his dealer’s measurements. As a matter of
fact, town-weighers are still, as a rule, subject to some regula¬
tions. Some cities still have public measurers of wood, and
weighers of hay and grain ; 1 and others provide for a compul -
sory weighing and measuring of coal2 and other articles. But,
in general, the accuracy of weights and measures can be left to
the self-interest of buyers and sellers to secure. There are two
exceptions, however: first, in the case of imports and the pay¬
ment of customs duties; and second, in the gauging and measur¬
ing of liquors for the collection of the excise tax. In both
cases Congress has enacted stringent regulations, but in only
the first instance is a fee paid for the services performed. The
nationalizing tendencies which the railways exerted on exports,
led to the abolition of state export inspection laws; but inter¬
national commercial relations have necessitated federal export
regulations,3 which are in many respects similar to the old state
inspections, except that no fees are collected from the exporter
for the services of the inspector.

E. MISCELLANEOUS.

There are, furthermore, a large number of local or semi-local
regulations involving fee payments, which are not enacted for
protection either to consumer or producer ; nor for police regu¬
lation. Some of them may be said to resemble the early ex¬
port inspections, in that they tend to preserve and protect
some special local industry. Examples of this kind may be
mentioned : the produce inspection law in Ohio ; the law of Ore-

1 Minneapolis, Minn.

2 Philadelphia, Pa.

* The refusal of foreign countries to take our uninspected pork and meat
has forced Congress to require its inspection.

License Fees .

161

gon, requiring salmon to be inspected j1 the inspection of lumber;2
and that of tobacco, in the tobacco growing states;3 and so on.
Usually such inspections are confined to the important staple of
some locality, which it is imagined requires state intervention
or regulation.

A great many cities and municipalities have power to pass
ordinances for inspecting various articles; but, as a rule, these
are purely for police regulations, and fees are rarely collected
for the service of the official performing the inspection. The
most common example is the inspection of milk, which is re¬
quired in many of the most progressive municipalities. An¬
other example is the inspection of steamboats and steam boilers, 4
which has become largely a municipal regulation. The larger
the city, the more numerous do these activities become, and
the more marked is the tendency for municipalities to take over
gradually many of the old state functions.

CHAPTER II.

LICENSE REGULATIONS AND FEES.

A. MARRIAGE LICENSES.

The oldest and most common form of license regulations which
has existed, and which exists to-day in some form or other in
every state or territory in the Union, is that of the marriage
license. This is one of the first, and perhaps the most impor¬
tant, of the regulations affecting that fundamental institution of
human society — the family; and upon the character of this reg¬
ulation, depends the success or failure of the only direct interfer-

1 Regulation prescribed by the county boards.

2 Oregon, 1880, p. 17, par. 6.

3 Missouri, 1879, Rev. Stat., par. 5868; Maryland, 1872, Ch. 36, Sec. 21.

4 Philadelphia, Statutes , Pa., 1864, Sec. 880, p. 8.

162 Urdahl — The Present Fee System in the United States.

ence which the state exercises over the marriage relation. It is an
important function, which most states have neglected to exer¬
cise in the interest of society. Only twenty-one states require
any returns of marriages to be made to any state officer, and
but few commonwealths have compulsory registration of mar¬
riages. It would take too long to give even an outline of the
public services performed for which the license fee is charged,
much less to trace the causes which brought about the legisla¬
tion. Suffice it to say, that the number and nature of the re¬
quirements as outlined in the statutes of the different states,
varies very decidedly. One state requires a statement of the
age of the parties and proof of their competency to contract
marriage, before the license shall issue; another prescribes that
bonds be given as a guarantee that the parties are entitled to
marry; 1 another simply prescribes that the license, or the appli¬
cation for a license, be recorded in some office. Louisiana gives
the probate judge power to suspend marriage, if any objections
are raised, until a hearing has been had. Maine requires a
notice of intention to marry to be recorded with the town clerk
five days before the license is granted. Maryland requires an
examination of the applicant for license, under oath, to ascer¬
tain whether any legal impediment to his or her marriage ex¬
ists. Massachusetts requires notice of intent to marry.2 Penn¬
sylvania requires parental consent in certain cases. These and
many other requirements are deemed important enough to be
enacted into law, and for the exaction of fees for the services
performed by the officials in carrying them out. The enforce¬
ment of these laws, in thirty-five states, is left to a mere cleri¬
cal official, — the county clerk, county recorder, or some other
registering official. In the other states the licenses are dis¬
pensed by the county or probate judge. The fees for these serv¬
ices of the officials, and for the license proper, vary, as can be
seen from the table in the appendix, from fifty cents to three
dollars.3 Several states require the fee for the license proper

1 Kentucky, 1895, Ch. 7, p. 652.

2 New Hampshire requires certificates of intention; fee one dollar.
Statutes , 1884, 1518, par. 2.

3 One state has charged as much as four dollars. Laws, Md., 1853,
Ch. 86.

License Fees.

163

to be paid into the state treasury, and give the officials power
to collect extra fees for their services.1 Most states, however,
give the fees as perquisities of office to one or more of the offi¬
cials concerned.2 In many of these cases the marriage license
fee loses its most important function, namely, that of regula¬
tion. It was originally intended to be a payment for a privilege
granted only in cases where it appeared advisable. Under this
system, the pecuniary interest of the official is in many cases
diametrically opposed to his plain duty under the law. As a mat¬
ter of fact, it is notorious that marriage licenses are rarely re¬
fused in any state. It is largely to this system that we owe
the large number of wild and runaway marriages, oftentimes
contracted by mere children.

B. LIQUOR LICENSES.

To the great majority of the people, the word “ license ” will
call to mind, or will mean, simply the permit to sell liquor,
which is obtained in most states on payment of a certain sum
of money. The license legislation on this subject alone, when
taken together, shows a greater diversity in the different states
than would at first thought seem possible. In most of the orig¬
inal states the license charges as they exist to-day, are the re¬
sult of a gradual increase of the amount charged at the begin¬
ning of the century. For example, the license fee in Rhode
Island3 has increased from $4 in 1822 to $400 in 1896. Many
of the new Western states have of course adopted laws which
are taken directly from the statute books of Eastern states, and
some of them have attempted new experiments in license legis¬
lation. Scarcely two states have exactly the same system. One
state grants all the licenses directly through a state official, and
receives all the fees into the state treasury: another state leaves
both the power to grant the license and the revenue therefrom
to the local political units. One commonwealth 4 has a license

Delaware requires two dollars.

2 California gives half to the recorder and have to county clerk. Statutes ,
1870, p. 148.

a Laws , 1822, pp. 295, 349.

4 New York, “Raines law.”

164 Urdahl — The Present Fee System in the United States.

or excise commission, which grants all licenses and turns half
the proceeds into the state treasury and grants the other half
to the counties and municipalities. In some states the counties1
are the most important political units, and the county commis¬
sioners or county boards are given power to grant all licenses.
In others the cities,2 villages, and towns are given this power,
and are allowed to use some or all the revenue derived from this
source.3 But as a rule the state legislature gives the counties,
cities, or towns power to grant the license only under the con¬
ditions it prescribes. In some states these are allowed a great
deal of latitude in imposing restrictions on their grants, and
oftentimes, too, in prescribing the amount of the fee. In a few
states the localities are given “local option,” as it is called, or,
in other words, power to allow or entirely prohibit the sale of
liquor within their boundaries.

Pennsylvania 4 charges from $300 to $1,000 according as the
yearly sales vary from $500 to $10,000. California 5 graduates
the charge from $60 to $480 per annum according as the amount
of sales varies, from less than $5,000 to $120,000 per annum.
Arizona6 varies the wholesale license fee from $120 to $500, in
the same way, and charges $200 for each saloon license. But
this system has not given entire satisfaction, as it is almost im¬
possible to obtain reliable returns of the amount of sales.7

Still another system is that in use in the state of Washing¬
ton,8 which prescribes a minimum and maximum license fee for
counties and cities. Some commonwealths prescribe a certain
license fee to be collected for the state, and allow the counties
to charge a county license for their own use up to a certain

1 North Carolina, 1896, p. 123; Oregon, 1885; Texas allows counties one-
half again as much as the state fee, for their own treasuries.

2 Nebraska, 1889, Ch. 33; Ohio, 1883, Ch. 132.

3 Washington requires ten per cent, of all license money to be paid into
the state treasury. 1882, par. 2.

4 Laws , 1891, 248, par. 1.

6 California Code, of 1885, 3376, 3378.

6 Arizona, 1887, 2233-2243.

7 The fee is usually estimated on the basis of the sales of the year pre¬
ceding.

8 Washington, 1882, par. 2; Connecticut, 1883, Ch. 137, par. 5.

License Fees.

165

amount.1 There are a great variety of standards by which the
amounts of the fees are fixed. Perhaps the most important and
widely accepted method, is to gauge the fees according to the
population of the city or other political unit. More than half a
dozen states have adopted this system entire, or some modifica¬
tion of it. Montana2 divides her towns into five classes, with
population ranging from 300 up to 10,000, and charges license
fees varying from $100 for the lowest class to $600 for those
having over 10,000 inhabitants. Minnesota3 charges $1,000 in
cities of over 10,000 and $500 in all others. Rhode Island 4 var¬
ies the retail license fee from $200 to $400 according to popula¬
tion. Alabama, New Jersey,5 and Texas employ the same system
with slight modifications.

' Three states have made the amount of yearly sales a basis for
the amount of fees which shall be paid. Other individual states
have systems which vary in some particulars from all others.
In almost all states a different charge is made for a wholesale
dealer’s license than for a retailer’s.6 A few states have what is
called beer or malt-liquor license, which is cheaper than a regu¬
lar liquor license;7 8 while Kentucky has extended this method
still further, by granting a malt-liquor license for $50, spiritous-
liquor license for $100, and a license to sell both for $150. 8 Further¬
more, some states grant what is known as "quart licenses.”9
Resides these liquor licenses there are in many commonwealths
licenses to distilleries and breweries, with fees graduated accord¬
ing to the output in barrels 10 or according to the annual sales.11

1 Missouri, 1887, R. 178; Arkansas and Texas have similar regulations.

2 Montana, 1895, 4063.

3 Minnesota, 1893, Ch. 189, par 1. Nebraska, 1889, Ch. 33.

4 Rhode Island, 1896, p. 349.

6 New Jersey, 1895, p. 1810.

8 Arkansas charges $150 for a wholesale dealer’s and $800 for a retail
dealer’s license.

7 Michigan, 1881, p. 148. Illinois collects $300 for a dramshop license and
$150 for a malt liquor license.

8 Ky., Laws , 1890.

9 Ga., 1835, p. 185; N. J., 1888, p. 1810.

10 Mich., 1881, p. 148.

11 Ariz., 1887, Sec. 2232; Mont., 1894, Sec. 4063.

166 Urdahl — The Present Fee System in the United States .

Other licenses which are by no means rare, are druggists’ permits
to sell liquor ; likewise licenses to merchants engaged in mercan¬
tile business, licenses to grocers and others. Some states pre¬
scribe special licenses for taverns, for club houses, and many
other places where liquor is sold.

The tendency of the license legislation since the war, has
been to gradually increase the fees. There is scarcely a state
which has remained unaffected by this movement, although
changes in legislation of this character are slow. The reform
movement has taken many directions in the different states, the
most striking of which may be mentioned: the constitutional
provision of North Dakota, prohibiting the passage of any
license law; the South Carolina dispensary act which attempts
to change from state regulation to state management ; the Maine
and Iowa prohibition laws; and others. In most states a small
fee, ranging in amount from fifty cents to several dollars, is
charged by the official granting the license, for the clerical
work of issuing or recording.1

c. peddlers’ licenses.

Most of the new states which have been formed since the war,
have found it necessary at the very first session of their law
making bodies, to pass some sort of regulations for peddlers;
and the old states have either continued the old laws or elabor¬
ated them further. The diversity of laws on this subject is
almost as great as that of liquor regulations. But few states
consider it sufficient regulation, to require simply a state li¬
cense2 with a small fee for the use of the state, as was the
nature of the earlier legislation. On the other hand, some
require no state license at all, but have turned the whole regu¬
lation over to the cities and counties,3 in some cases prescrib¬
ing only the minimum and maximum fees which may be charged.
In a large number of other instances the legislature prescribes
in detail how the license shall be granted and exactly what fees
shall be charged, but allows the counties to grant the license
and to put the money into their own treasuries. Others adopt

1 Arkansas clerk’s fee, two dollars.

2 Revised Statutes , Neb., 1895, p. 919, Sec. 251. Rhode Island.

3 Or., 1864, par. 14; Wy., 1864, Sec. 14; Ill.; etc.

License Fees.

167

a middle policy, by compelling the peddler to take out a state
license first and pay a sum into the state treasury for it, and
allowing each county to grant a second license for a fixed sum,
which license is good only within county limits. Some states
even allow townships to grant or refuse licenses.1

The most common method of fixing the amount of the fees, is
a result of an early attempt to make it conform roughly to the
amount of goods carried by the peddler. In the earlier days
the best customers of the peddler were the people who lived
away from the main roads of travel and distant from any
trading center. On account of the lack of good wagon roads,
it was customary for the peddler either to carry a pack him¬
self, or to have one or more pack animals for the purpose. The
number of horses, therefore, came to be a pretty good method
of estimating the amount of goods which he carried. This fact
was seized upon by the law makers as a standard for measuring
license charges.2 This system has been introduced in many
states and continued in use in its primitive form, even after
wagon roads became common everywhere so that vehicles could
take the place of pack animals. One or two states have, how¬
ever, recognized this, and put peddlers with one horse and
vehicle in a class by themselves. California has simplified it
still more by having only two classes, namely, peddler on foot,
and peddler with a wagon. Rhode Island3 has made the amount
of the fee depend upon the size and character of the territory
within which it is valid, and charges $60 for a license for the
entire state, $30 for the county of Providence, and $10 for any
other county. Some states have peddlers’ licenses for river
traders, the cost of which is gauged by the tonnage of the
water-craft which they use.4 A new departure, which is espe-

1 N. D., 1890, Ch. 142, par. 4; Me., 1895, Rev. Stat., p. 296; Wis., 1870,
Ch. 72, par. 3, and 1895, Ch. 81.

2 The old form of the law recognized three classes, as follows: (1) peddler
on foot, (2) peddler with one horse, (3) peddler with two horses. The later
laws often run as follows: (1) peddler on foot, (2) peddler with one horse
and vehicle, (3) peddler with two horses and vehicle.

3 Also New Hampshire, 1878, 27, 3; Ohio, 1882, 79, 80.

4 Florida: boats of 20 tons, $30; of less tonnage, $10. Arkansas, 1873,
par. 20.

168 Urdahl — The Present Fee System in the United States .

cially marked during the years since the war, is to vary the
license charge according to the character of the goods sold.
Thus we find a large number of states in which lightning-rod
agents are supposed to require special regulation1 and are
charged heavy licenses. Other states find it necessary to dis¬
courage the peddling of watches and jewelry.2 Another class
which is charged heavy fees, includes venders of patent med¬
icines. One state charges a certain sum per month, another so
much per day.3 Sewing-machine and insurance agents are
sometimes recognized in the same way.4 In short, the attempt
seems to be quite general to collect heavier fees for licenses to
peddle those goods which are most likely to be employed for
frauds by swindlers or sharpers.

D. SHOWS.

License regulations for traveling circuses have increased
greatly in importance, and although prescribed and executed at
present by a great many states directly, still in many others the
whole matter has been transferred either to the counties or to
the municipalities.5 In some states the movement has just be¬
gun, in that the state still receives a state fee for its license to
a company to exhibit within the state, and the municipalities
are given power to collect another fixed fee for each perform¬
ance within their respective limits.6

Another system gives the circus managers the option of ob¬
taining a license from the state authorities for the whole state,
or a license for only one county or city; in other words, grading
the licenses according to the population of each portion of

1 Statutes , Ky., 1894, c.6. Patent agents and lightning-rod peddlers
charged twice the regular license fee .

2 Vermont, 1886, Rev. Stat., par. 955. Delaware charges peddlers of
clocks $50 in addition to regular license charge. Iowa, 24 Gen. Stat., 83,
par. 3.

3 Wisconsin, 1883, p. 165, $100 per month.

4 Florida, $200 per annum.

5 Shows to be licensed by two judges of the court of common pleas. Fee
from $10 to $200 per day. Public Laws, N. J., 1895, p. 37.

6 Vermont, 1867, 56, par. 1; state license $1,000; each town license, $100
for each day. Wisconsin, 1890, Ch. 52, par. 5.

License Fees.

169

territory,1 and receiving all the license money into the state
treasury for the use of the state. The other extreme is to give
the county board, or city council, power to determine the
amount and collect it for local purposes, sometimes however
within some maximum limit.2 The same idea is carried out
where the legislature fixes the size of the fee, but allows it to
be paid into the county treasury.3

It is but natural that the license fee should vary greatly in
amount on account of the differences in the character of the
various states themselves;4 for example, a single license in
New York or Philadelphia would be much more valuable than a
state license for Delaware or for some of our Western states.

The state license charges are very often pure taxes, and not pay¬
ments for any actual privileges. Of the same nature as a circus
license is a theater license. The fees for these are still fixed for
many municipalities by the legislatures. Alabama varies them
according to the population, from $50 to $100. California
gauges them according to the seating capacity of the houses,
from $400 to $600. Other states attempt to vary them slightly
according to the length of time or the number of performances,
while still others charge a certain annual sum for the building,
and collect nothing from the theatrical companies. The regula¬
tion of these has already in very many states passed into munic¬
ipal control ; and indeed it is but natural that they should, as
all the extra police protection and all the services of other mu¬
nicipal activities required by theaters, are rendered directly
by the municipality and not by the state.

Pennsylvania charges $1,000 for the whole state, $500 for Philadelphia,
$200 for Alleghany county, and $50 for other counties.

2 Iowa: county board may determine the amount, not exceeding $1,000.
16 Gen. Laws , Ch. 131, par. 1.

3 South Carolina, 1875, XV, 845, par 1.

4 Kentucky (1890, par. 1049), has a peculiar method of gauging circus
licenses. The law provides a charge of $1 for each 100 voters in the county,
the total not to exceed $50. For theaters the same plan is used, but $20
is the maximum total. Incorporated cities have exclusive right to license
shows, etc.

170 TJrdaJil — The Present Fee System in the United States.

E. FERRIES.

Another early state function which has gradually been trans¬
ferred to the municipalities, is that of licensing and regulating
ferries. The old custom of granting ferry licenses by special,
acts of the legislatures, has gradually given way to the modern
system of general laws. These, as a rule, provide that the
license shall be granted by county boards or commissioners,,
and that the fees shall be paid into the county treasury. The
most common practice is to provide some maximum and mini¬
mum limit to the fees which may be collected by these author¬
ities. The most usual provision in this matter is, that the
charge shall be not more than $100 and not less than $1.*
Indiana1 2 puts the limits at $3 and $50, while Illinois3 charges
not less than five $5 nor more than $300.

Another system consists in gauging the license fee according
to the carrying capacity of the boats.4 Bond is quite often re¬
quired of the licensee, as a guaranty of the safety and efficiency
of the service, and the faithful performance of the business for
which the license is granted.

F. AUCTIONEERS.

The modern system of regulating auctioneers, is simply a
continuation of the method in vogue before the war. Some
legislatures still fix the fees which shall be collected, but the
standard of measurement has been changed somewhat in many
commonwealths. Idaho gauges the fee from $120 to $400 per
quarter according to the gross amount of business, and allows
the fee to go into the county treasury. Other states employ
the same system.5 6 Missouri, on the other hand, makes the fee-
vary according to the length of time for which the license is

1 Ark., Wash., Wy., Kan., — the same limits; Neb., — limits, $2 and
$500. Rev. Stat., 1895, p. 593.

2 Revised Statutes , 1876, par. 52, p. 356.

3 Statutes , 1845, p. 252, par. 2.

4 Idaho provides that the license fee shall not exceed ten per cent, of the

tolls collected.

6 Md., 1886, Ch. 507, Sec. 503. Mont., 1895, Sec. 4060.

License Fees.

171

issued — $50 for three months, and $75 for six months,1 and so
on; while Vermont and other states simply prescribe the maxi¬
mum and minimum fees, and allow the local political bodies to
determine the amount within these limits. In the great ma¬
jority of cases, this regulation is left entirely to the cities and
other municipal bodies.

G. MISCELLANEOUS LICENSE REGULATIONS.

Many license fees are paid for special regulations which have
become necessary only on account of the special economic and
social conditions of particular localities. Most noteworthy of
these may be mentioned the following: Delaware collects a fee
of $30 for each permit to open oysters for export; Maryland2
charges a fee of from $2 to $5 for each oyster boat, varying the
amount according to the length of the boat; Mississippi3 allows
the counties to charge a fee of $1 per ton for a license to each
oyster boat; and Delaware likewise varies the charge according
to the tonnage of the boat. Maryland 4 requires annual licenses
for permits to catch fish with a seine or gill-net, and gauges
the fee according to the size of the seine or net, at the rate of
three cents per square fathom. Kentucky licenses all her water
craft on the Ohio, Mississippi, and Kentucky rivers. South
Carolina5 and several other states find it necessary to regulate
by means of licenses all boarding houses for seamen. New
Hampshire and other states require all who sell commercial fer¬
tilizers to take out a license and pay a fee therefor.6

Vermont collects state dog license fees,7 and New Hampshire8
has state steamboat licenses. A few states have recently pre¬
scribed license charges for permits to sell cigarettes. Colorado

1 Revised Statutes , 1879, Sec. 4168.

2Md., 1886, Ch. 296, Sec. 18.

3 Statutes , Miss., 1892, ac. 3089.

4 Statutes, Ind., 1870, Ch. 204.

5 Statutes , 1866, XIII, Sec. 8, p. 472.

6 Vermont charges a fee of $100 for each. — 1888; No. 109, Sec. 3. New
Hampshire charges $50. — Statutes , 1891, p. 351.

7 Statutes , 1894, No. 119, Sec. 1.

8 Sec. 1, p. 100, 1881.

172 Urdahl — The Present Fee System in the United States.

collects $100 for each detective’s license, and charges $500 for
a permit to sell oleomargarine. Nevada requires grazing li¬
censes, varying the fee according to the number of sheep.1
Numerous other occupations are here and there required to be
licensed, before they can be carried on. The license taxes of
the Southern states, whose object is solely to raise revenue, can
not be counted as license charges, but may usually be classed
as occupation taxes.

The development of local self-government has brought about
the transfer of many of these powers from the states to the local
political units. As a result, there is already a large class of
regulations which are everywhere placed under municipal pow¬
ers. One legislature grants more power and another grants
less to the local bodies; but every where some license powers are
turned over to the latter. The fees for these are thus quite
regularly collected by municipal authorities for the use of the
city treasuries. Licenses to brokers, wharfingers, local auc¬
tioneers, commercial travelers, hucksters, pawnbrokers, places
of amusement, hotels, taverns, junk dealers, boarding houses,
boarding stables, billiard tables, hacks, slaughter-houses, wash¬
houses, bill-posters, dance-houses, scavengers, intelligence of¬
fices, dealers in explosives, bowling-alleys, shooting-galleries,
dogs, steamboats, and many others, have in some states become
municipal regulations. The number is gradually increasing; in
fact, some cities exercise more power in this way than many a
state did a few years ago.

The rapidity of growth of urban population and its great con¬
centration is one of the causes for the rapid increase in the
number of matters which require license regulation. Building
permits and sewer and water permits are of this character.
Furthermore, the peculiar conditions of each city present new
subjects which must be taken under police supervision and ulti¬
mately become subject to license regulations. Milk sellers are
in some localities required to be licensed, coal dealers in others.
The rapid growth of one section may require special sanitary
regulations; one quarter of a city may be of such a character

1 For 5, 000 sheep, $250; for 3, 000 sheep, $200; for 1, 500 sheep $75. — 1895,
Ch. 36, p. 53.

Incorporation Fees.

173

that a license for excavation must be obtained before a cellar
can be dug. A city like New York may become so overrun with
petty peddlers that a city license regulating them is an absolute-
necessity. Local meat-sellers become more and more of a nui¬
sance as population becomes dense, and concentration of the
business in one locality becomes a necessity. Market privileges
are then paid for by fees collected for the use of the city treas-
ur}^. The establishment of an oil refinery may be so dangerous
to the safety of a city that its regulation by means of license
becomes necessary. These are but a few examples of the thou¬
sand and one cases where public welfare requires that a city
shall have and exercise licensing power.

CHAPTER III.

INCORPORATION FEES.1

PRELIMINARY REQUIREMENTS.

The part of the fee-system which can be called, with most ac¬
curacy, a product of the last three decades, includes that class of
charges which is directly or indirectly connected with corpora¬
tions of various kinds. The present is truly an age of corpora¬
tions. The gigantic enterprises with which we are familiar,,
have been made possible only through the combination of capi¬
tal and ability which these corporations represent. It is per¬
haps not an exaggeration to say that four-fifths of the aggre¬
gate business of the nation is directly or indirectly carried on
by means of those artificial persons. The whole framework of-
our national existence is so closely interwoven with these insti¬
tutions, that it is almost impossible even to imagine American

1 Strictly speaking, many of the corporation fees might be considered as
a separate class of license fees; but their significance in the United States
is so great that, aside from other important reasons, they deserve a place in
a class by themselves.

174 Urdahl — The Present Fee System in the United States.

industry without them; and yet, they are all of them only the
creatures of the legislative will of the people. Their early char¬
acteristics — that they were at first only special privileges
granted for special public purposes and that they were only
granted by special acts — have all been gradually lost sight of,
more especially after the privileges of corporate existence began
to be granted according to general laws. When such a law had
been in force for some time, and it was found that everybody
could obtain corporation privileges by conforming to certain
requirements, it soon came to be looked upon as a right which
was almost as inalienable in its nature as any belonging to citi¬
zenship. When, therefore, some states began to charge fixed
sums for this grant, it was immediately designated by the peo¬
ple in general, and even by economists, as a tax on corpora¬
tions, or taxes on corporate charters.

The forces which led up to general corporation regulations,
have already been treated in a different connection. To put it
briefly, the result has been, that in most states laws have been
passed, requiring those applying for corporate privileges to
conform to certain rules, the most common being that the char¬
ter, or articles of incorporation, stating the object, purpose,
and so on, shall be filed with the secretary of state or some
other state officer. Sometimes the official approval of the char¬
ter and a certificate of incorporation, or certificate of authority
to do business, must be obtained. In some states they are also
required to file a statement preliminary to the grant of cor¬
porate privileges.

A. CHARGES FOR INCORPORATION PRIVILEGES.

An incorporation fee is in most cases collected for filing the
charter of articles of incorporation. A glance at the table in
the appendix will show that six states charge only five dollars
and two charge less than this amount, while all the rest charge
amounts varying from five to one hundred dollars for this serv¬
ice. It should be borne in mind, however, that the incorpora¬
tion fees include all the charges made by the state under various
heads, and that the total amount, instead of the individual fees,
is the important consideration. The most common and the

Incorporation Fees.

175

fairest method of gauging the incorporation fee, is to make
it proportional to the amount of capital stock.1 Five states
have adopted this method in full, and charge from ten cents to
one dollar per thousand dollars of authorized capital stock. Six
other states have a slight modification of this system, in that
they charge a certain minimum fee for any amount of capital
stock up to a certain limit, and then collect from fifty cents to
a dollar per thousand of capital stock over this amount. A very
large corporation would, under this latter system, yield some
revenue into the state treasury. These fees were originally
designed only to cover the expenses incurred by the state in
granting incorporation rights and regulating them when
granted.

The dangers which may come to the public from corporations
which at times may be organized for purposes that are not the
very best, has become quite apparent during recent years. The
harm which may be done by private individuals is great, but
that is insignificant when compared with the injuries which
may accrue to the public from incorporated companies. In the
latter the responsibility is divided, because one of the first
privileges which a corporation has, as against the individual, is
limited liability for debt. It was need of concentration of
capital which first gave rise to this provision in the incorpo¬
ration laws, and the enormous industrial enterprises which
have been made possible by it, have simply demonstrated its
wisdom. Limited liability for debt is, however, not the only
privilege which is granted by the state through its incorpora¬
tion laws. There are a great many other privileges obtained
now by one company, now by another, which are of just as
much, and oftentimes more, value than the above-mentioned.
The public purpose and interest in all these enactments has
hitherto been so great, that no state has attempted to charge
fees which are at all equivalent to the value conferred.

1 Illinois charges $30 for the first $2,500 of capital stock, $50 for $5,000,
and $1 per $1,000 for amounts over $5,000. — - P. L., 1895, p. 132.

North Dakota charges $50 for the first $50,000 of capital stock and $5
for each additional $10,000. — Laws , 1891, Ch. 105, Sec. 1.

176 Urdahl — The Present Fee System in the United States.

!

B. BANKING PRIVILEGES.

It required but a few years of actual experience to demon¬
strate the fact, that all kinds of corporations could not be regu¬
lated by the same kind of restrictions, nor could all be allowed
the same privileges. It was early discovered that a banking
corporation could not be given as much latitude as a manufac¬
turing concern. Re-acting against the abuse of the banking
privileges which were granted just before the war, many of
the Western states inserted a provision in their constitutions
forbidding the organization and incorporation of banks within
state limits.1 This prohibition was soon repealed, however,
because the need of banking institutions made itself felt too
strongly to be resisted. The new bank act did not, however,
provide sufficient safe-guards against frauds upon depositors
and investors by means of bank failures. As a result, many
states determined not only to regulate the incorporation2 of
banks, but to keep them under constant supervision by means
of state bank examiners, who were given power to wind up the
affairs of any bank which seemed unsound. In some states these
examiners are paid salaries out of the treasury, while in others
they are allowed to collect fees from each bank examined.3

A new departure in banking, in the form of building and loan
associations, trust companies,4 and the like, has grown up, and
is flourishing in many parts of the country. These associations
were supposed to be safer, in many ways better suited to the
needs of the laboring classes, than ordinary banks. Their spe¬
cial character has been recognized in state laws, by special regu¬
lations and special incorporation fees, usually lower in amount
than those collected from banks. Most commonwealths also
recognize the nature of charitable, educational, and religious

1 Constitution , la., 1846; First draft of the Constitution , Wis., 1848.

2 North Carolina charges one half mill on each dollar of capital stock of
banks, 1895, p. 122. Montana has divided banks into six classes, ac¬
cording as the aggregate business ranges from $5,000 to $250,000, with
fees for each ranging from $40 to $400 per annum.

3 The salary of Inspector of Finance in Vermont is apportioned among
the institutions examined in proportion to their taxes.

4 Laws, Ala., 1892, p. 665; annual fee, $200.

Incorporation Fees.

177

corporations, by making the incorporation fee very small, often
merely nominal in amount.1

C. INSURANCE COMPANIES.

In course of time, incorporation laws have gradually been
adjusted to new and ever changing conditions. A comparison
of the laws of the present with those of the “ Sixties, ” shows
that the latter have tended to differentiate. New classes of
corporations have sprung up which alone receive more legisla¬
tive attention at present, than the whole subject did a few years
ago. One of the most striking examples of this is the insurance
legislation which has been enacted during the last thirty years.
All who have been at all connected with insurance companies
for any length of time, will remember the lack of special regu-
tion and the enormous opportunities for fraud, which the early
insurance laws offered. That these opportunities were not neg¬
lected, is abundantly exemplified by the large number of insur¬
ance companies which obtained charters, solicited insurance as
_ong as possible, and then, after having pocketed the premiums,
became insolvent. Many of these were notorious as the most
gigantic swindles of the age. After a few experiences of this
sort, public opinion became aroused, and schemes were devised
to prevent their recurrence. Thus special insurance legislation
began, in which the legislators had few if any precedents to go
by. We therefore see the beginning of the tentative period in
insurance regulations, out of which but few states have as yet
emerged. One of the first attempts to accomplish this purpose
was by changing the method of formation or incorporation of
insurance companies. Special qualifications were required,
apart from the usual requirements of the general incorporation
laws, and a distinct category of fees was established for insur¬
ance corporations.2

For filing the charter or articles of incorporation, the fees
range from $6 to $50. Eight states charge $25 for this service;

1 North Carolina charges only one-fifth of one mill per dollar of stock of
loan associations, while banks have to pay one-half mill. Illinois charges
$30 for original application for charter for loan associations.

2 See table of incorporation fees in the appendix.

12

178 Urdahl — The Present Fee System in the United States.

two, $50 ; one, $55 ; two, $30 ; and the others, sums varying between
these mentioned. Very often the official granting the charter,
is required to examine into the solvency of the company, and
to ascertain whether it has sufficient assets to secure the policy¬
holders. Special fees are collected for such examinations, and
are usually given to the examining official as part of his salary.
Sometimes the law fixes a maximum fee 1 which may be collected,
but provides that the examiner or commissioner shall be paid
according to the amount of labor involved. Other laws provide
for the payment of the actual expenses of the examiner during
the time spent in making each examination.2

D. ANNUAL FEES FROM INSURANCE COMPANIES.

But an insurance company is radically different from other
corporations. It may be perfectly solvent this year and have
ample securities to meet all liabilities, while in less than a year
it may be on the verge of bankruptcy. To guard against the
possibility of an insolvent company continuing to sell policies,
most of the states have made provisions for an annual examina¬
tion of all companies doing business within a state, to facilitate
which each company is required to make an annual statement of
assets, liabilities, amounts of policies, and so on. As remun¬
eration for the expenses of this examination, an annual fee is
required, which ranges in different states from two to fifty dol¬
lars. This system is in its essence an annual grant of license.

Another peculiarity of insurance companies is the extent of
territory over which they can operate. But few of them are
limited to any one state. A company organized under the laws
of one state, must therefore obtain special permit to carry on its
business in another. There is thus a large number of regulations
which are only applicable to foreign insurance corporations,
that is, companies organized in another commonwealth. In gen¬
eral it may be said that the fees exacted from these, are higher
than those collected from domestic corporations. Some states
even make the fees so high that they are almost prohibi-

1 Laws , Texas, 1876, p. 223, Sec. 2: Fee not to exceed $250.

2 Minn., 1878, Ch. 34, par. 282; la., 12, Gen. Stat ., Ch. 138, par. 24;
Wash., 1890, par. 15, — charge $5 per day.

Incorporation Fees.

179

tory. 1 These high charges have led a few states to paass retali-
tory legislation,2 providing that foreign insurance companies
shall pay the same fees which their own state demands of com¬
panies from other states. For the security of policy holders in
foreign companies, these are required to deposit with some state
official securities sufficient to cover all risks. To ascertain the
amount required for this purpose, the policies must be assessed
by some competent state official, to pay for whose services fees
are usually collected3 from the companies concerned. In order to
carry out the laws regulating foreign companies, it has been
found necessary to require all insurance agents to obtain a
license or certificate of authority to do business, for which an¬
other and small fee is often collected. The most common charge
is two dollars, but some states charge less, while others collect
as much as ten dollars for these licenses.4 Some attempts have
been made in a few states to have insurance legislation keep
pace with the specialization in the business itself. The fees there¬
fore vary according to the kind of insurance, whether fire, life,
accident, tornado, boiler, live stock, and many others. As a
rule, the fees are fixed so as to discriminate in favor of mutual
and benevolent associations. In consequence of this we find
large organizations, fraternal in name, which are in reality
nothing but life and accident insurance companies. The ten¬
dency of the later legislation affecting insurance companies,
has been to increase the number of regulations, and at the same
time to increase both the number and the size of the fees which
are charged.5

1 Washington charges two per cent, of the total premiums collected
within the state. Connecticut charges three per cent.

2 New Jersey, 1872, p. 25. Ohio and Nebraska have similar laws.

3 Ohio charges one cent per one thousand for such valuation, Texas col¬
lects ten dollars per million assessed.

4 Ohio allows any company to pay a lump sum per year for permission to
have as many agents as it pleases, without further license charge.

5 The companies themselves have made frequent and decided objections
to the collection of these fees, especially when their amount was more than
enough to cover the expenses of the insurance commissioner’s office. It
has been argued by some of their representatives that a higher fee than
would be sufficient to cover actual cost, would simply be a tax on those
who made use of the insurance companies, because these would necessa-

180 Urdahl — The Present Fee System in the United States.

E. ABUSES CONNECTED WITH INSURANCE FEES.

The vicious practice of allowing insurance commissioners or
some other official to retain some or all of the insurance fees, is
still continued in some states.* 1 Another custom, in favor of
which no good reasons can be given, is the practice of allowing
the examining official to receive directly from the company for
his own use, the fees which are supposed to cover his actual
expenses2 during the time consumed in the examination. Very
often these are defined by law to be mileage, at ten cents per
mile, and a certain amount per day for the time spent in mak¬
ing the investigation. In the first place, this method may
yield a salary out of all proportion to the salaries of other state
officials.3 Then the examiner may grant or refuse a permit to
transact business. If he is at all corrupt, he may use this
power to extort huge bribes from those companies which are
doing business on an unsound basis. Furthermore, the fee
which he is allowed to receive directly from the company, may
easily be increased by the company into a direct bribe to cor¬
rupt and destroy the efficiency of a corruptible official. This
temptation might be partially removed, by requiring all fees to
be paid directly into the state treasury and by forbidding any
official to receive any gift or fee, under any pretense whatever,,
from an insurance company.

rily have to increase their premiums to cover the extra outlay. This would
be true if a fee of several thousand dollars were collected annually from
each company, but none of the fees are actually so high as to produce
any change in the price of policies.

1 Indiana allows the state auditor to retain twenty-five per cent, of the
fees collected, besides his office expenses.

2 Delaware, New York, Minnesota, and many other states have such pro¬
visions.

3 Suppose the examiner in one of the North Western states receives an
application for examination from a half dozen companies in New England,
and from several on the Pacific coast. As soon as it is convenient for him
he travels to Boston, and leisurely examines all the companies who apply
from that section of the country. The actual expenses which he collects
from each company will them include mileage, which alone may amount
in this way to several thousand dollars in the course of a year; while the
real expenses of the examiner will be but a small fraction of the amount
collected.

Examination Fees.

181

CHAPTER IV.

EXAMINATION FEES.

It has already been pointed out incidentally that some of the
commonwealths very early required those desiring to enter a
particular profession to have certain qualifications. One or two
states created medical boards, in the beginning of this century,
to examine all candidates and grant certificates; but the ex¬
tension of the state examination system to other professions is
a very late development. Many of the so-called license fees are
often partly in the nature of examination fees, and vice versa.
The early pilot licenses were of this nature. The applicant had
to furnish evidence that he had served the required number of
years as apprentice on a regular pilot boat, and was often also
required to pay a fee for a certificate. Experience brought to
light the dangers due to incompetent pilots much earlier than
those due to incompetency in other pursuits. The candidate
was often required to prove his ability to manage vessels of dif¬
ferent tonnage in the presence of the licensing body. As the
vessels have increased in size and carrying capacity, the diffi¬
culty of piloting them has increased proportionately, and the
risk which would be run by entrusting them to incompetent
men has increased to such an extent that state examination of
pilots has become almost a necessity.

It would be difficult to name the order in which the different
professions came under state supervision in this way. Some of
the colonies required lawyers to pass a sort of examination be¬
fore their admission to the bar. It has been customary in most
of the new states to allow anyone to practice lav/ who could
satisfy very slight educational qualifications. The growth of
the country has been so rapid, and the spread of population so
sudden, that legal and medical services by properly educated
and qualified lawyers and physicians were, in many localities,
out of the question. The pioneers, therefore, had to take what

182 Urdahl — The Present Fee System in the United States.

they could get. Furthermore, the Western spirit, which looked
with favor on the “self-made man’’ attempting to work up in
any profession, was opposed to stringent examinations as tend¬
ing to shut out all except those with means enough to attend
schools. The result is, that, even in the present age of pro¬
gress, the great majority of our states allow individuals to
practice law and medicine who have scarcely any qualifications
whatever. Another cause of this state of affairs is the fact,
that many states have turned over to medical and legal schools
and to colleges the power to grant degrees which have the force
of state examinations in giving iicense to practice. In many
of the commonwealths where state examinations are given, they
are usually made easy, with the express purpose of allowing
those who can study these branches privately to obtain license
or certificate. The examination fees in the states having this
system range from five to twenty-five dollars.

Much more general is the requirement that pharmacists shall
pass a satisfactory examination before they obtain a certificate.
Many commonwealths provide for examinations of assistant phar¬
macists, and have laws forbidding the sale of any drugs except
by a licensed pharmacist or assistant.1 But it is in the com¬
paratively modern profession of dentistry that the most strin¬
gent regulations are made, if one may judge by the number and
amount of the examination fees. A glance at the table will show
that that the fees range all the way from one to thirty dollars,
the most common charge being ten or fifteen dollars.
In all of the above-mentioned cases the examining board has the
power to designate the institutions whose diplomas shall ex¬
empt the candidate from state examination. It is, therefore,
quite customary to require the applicant to obtain a certificate
from the state board at a small cost, usually from one to two
dollars, even if he has an accredited diploma or has passed an
examination. In some states this certificate is required to be
recorded with a state or county official, which necessitates the
payment of another fee.

For the better regulation of some of these professions, espe-

1 Wisconsin and Minnesota have such laws.

Examination Fees.

183

cially that of pharmacist, annual licenses or certificates are re¬
quired to be obtained, or annual registrations to be made, at a
a cost of one or two dollars.1 Other pursuits for which some
states prescribe state examinations are: veterinary surgeons,
engineers,2 plumbers, and teachers.3 The lack of teachers in
many parts of the country, which is felt even at present, has
made any charges for teachers’ examinations inadvisable. There
is, however, a tendency in a few states to charge special fees
for life certificates; and, in some instances, an examination fee
of one or two dollars is charged by the county examiner for an¬
nual certificates.

The examinations in all these cases are usually conducted by
an examining board, and the fees are as a rule required to be
turned into a fund to be used for the maintenance of this board
and other purposes. In cases where the examination is con¬
ducted by a salaried officer, as, for example, the county school
superintendent, the fees are often used for a library, or institute
fund, or some other similar educational purpose.

The general drift of legislation seems to be to increase the
number of pursuits for which examinations are required and to
raise the standard of requirements. The civil service examina¬
tions bring up an entirely distinct category. No fees have as
yet, so far as can be ascertained, been charged for the privilege
of taking these examinations; but the probability is, that if
they go on increasing in importance, a small fee will ultimately
be collected from each candidate, as is the case in many Euro¬
pean countries at present.

1 Col., 1893, p. 368; Conn., 1893, Ch. 298; Ill., Minn., Neb., etc.

2 Ala., Id., Mich., Mont., etc.

3 Colorado even requires an examination of horseshoers.

Many cities have ordinances prescribing similar tests of different pro¬
fessions and pursuits.

184 Urdahl — The Present Fee System in the United States.

CHAPTER Y.

COURT PEES.*

Very little that is important can be said of this large cate
gory of fees as it exists today. It has undergone less change
than any other part of the fee system; hence is everywhere
more or less antiquated. The forces which have tended to pre¬
vent change will be discussed in another chapter. No compar¬
ative study of this subject can be undertaken, because the serv¬
ices furnished for each fee-payment rarely mean the same in
any two states; and the functions of the various judicial officers
are widely different in the several states.

* The classification given is neither strictly scientific nor absolutely com¬
plete. Some of the categories overlap; and the last class, especially, in¬
cludes a large numbers of distinct sub-classes, whose only common charac¬
teristic is, that they are collected by courts or semi-judicial officials. The
justification for the adoption of this classification lies in the fact, that the
statistical and other materials at hand lend themselves naturally to this
grouping. The more elaborate, and, in one sense, more scientific classifi¬
cations of Wagner, Schall, and other German writers, are very well adapted
to a purely theoretic study and discussion; but they were found, after re¬
peated trials, to be absolutely worthless when applied to actual conditions
such as exist in the United States. Authentication fees, for example, are
a very clear and easily defined group of fees, in theory; while, in practice,
it is impossible to distinguish between authentication and registration
fees, nor can a comparative study of such a class be successfully undertaken .
It has therefore seemed best to adopt a classification which appeared most
suited to an exposition of the conditions and relations of the fees in the
various states to each other. In order to make this classification complete,
it would be necessary to add two more classes, on which sufficient material
was not available for a more elaborate treatment. These two classes may
be designated as Educational Fees and Industrial Fees. Under the first
would be included all charges made by public educational institutions for
tuition and other general expenses. In the free public school systems
these are rarely collected, except from non-residents, while in the higher
institutions of learning they are quite general. The second class includes

Court Fees.

185

A. REGISTRATION FEES.

Not even the registration fees have enough elements in com
mon in a sufficient number of states to make any comparison give
significant results.* 1 Many attempts have been made to change
the system of registration of land titles;2 but the interests of
lawyers, and many other forces have, as a rule, been arrayed
against such reforms, and as a result they have been introduced
in but few localities. The Australian, or Torrens system, was
adopted in the city of Chicago a short time ago, but it was soon
carried into the courts and declared unconstitutional. It is
needless to state that enormous sums are each year paid out
in fees for registration, a great part of which, with a more
modern system, might be saved to the public. Too much empha¬
sis cannot be laid upon the necessity of adopting more simple
and modern methods of registering land titles. Most of the
Western and Middle states could as yet put into operation, with¬
out much difficulty, systems of registration which would be the
means of saving millions of dollars to future generations. In
the more densely populated Eastern states the necessity of a
new system is beginning to be felt; but the change can be ac¬
complished only with the greatest difficulty, because of the in¬
numerable vested interests based on the old systems of regis¬
tration. The older and more populous a country grows, the more
intricate and costly does the tracing of land-titles become, and
the more powerful are the forces arrayed against such reforms.
In New York the average cost of obtaining an abstract of title
of real estate is from seventy-five to one hundred dollars; while

all fees collected by public bodies for the services of institutions which are
industrial in their character. The post office, government telegraph, tele¬
phone, municipal waterworks, gas works, as well as toll roads and toll
bridges are institutions of this kind.

1 The registration fee in one state is part of a license fee or of some other
fee, while in a different state it is distinct.

2 The original fee for registration is often the smallest part of the fees
paid in securing title. There is, as a rule, an abstract-office fee, attorney’s
fee for examining title, a fee for certificate from register of deeds, and
often many others. There are thus many people whose livelihood depends
on the continuance of the old fee system.

186 Urdahl — The Present Fee System in the United States.

in the West the abstract costs comparatively little. These fees
may in the end become so burdensome as to be a serious impedi¬
ment to the purchase of land by the humbler classes of a com¬
munity.

Although the system of registration is slowly expanding,
comparatively few new classes of objects have been found, which
have been brought under this provision. In the ranching dis¬
tricts the recording of cattle-brands is of great importance,
while in a logging district the recording of log-marks seems the
most important from the recorder’s standpoint. The county
recorders and registers of deeds are at present paid by means
of fees in most of the states.

B. STATE AND COUNTY COURT FEES.

Sheriffs, constables, clerks of court, and other court officers
are, as a rule, remunerated in the same way. In the older states
scarcely any changes in this part of the fee-system have been
accomplished. The result is, that many,rof the court officials are
receiving fees which were designed for conditions existing from
fifty to one hundred years ago. Not only are the fees entirely
unsuited in amount to the modern conditions, but many of the
primitive forms and formulas are clung to with great tenacity.
The following example will illustrate this: in the early courts
the sheriff was usually the jailor, court messenger, and consta¬
ble; this custom, once established, has been continued in most
of the older states, and as a result the sheriffs pocket enormous
amounts of fees for services which they are supposed to perform
in these three distinct capacities.

In spite of the numerous and heavy fees the courts are no
where self-supporting. Not even those courts which deal ex¬
clusively with civil cases and have all their docket-fees and
other fees, are able to maintain themselves without heavy drafts
upon the state or local treasuries. Reforms to remedy this have
been proposed, now in one state, now in another, but the legis¬
latures of the older states have not been able to rectify even the
most glaring inconsistencies. The only states that have at¬
tempted any reform or solution of these problems, are a few
Western commonwealths, which are less hampered, and freer

Court Fees .

187

from the influence of old customs, traditions, and institutions.
These have succeeded apparently in taking some decided steps
in advance of any Eastern state.

Colorado, by an act passed in 1891, 1 divided the counties of
the state according to population into six classes, the first class
containing all counties having a population of over 50,000, and
the sixth class all those of less than 3,000. The fees of all
county or court officers were graded according to the class in
which the county happened to be. It was further provided that
all county officers should be paid salaries fixed by law, and that
all fees or emoluments of office of every kind should be accounted
for and paid into the treasury. Idaho passed an act in 1887
based on a somewhat similar scheme. Here the counties were
divided into five classes according to the assessed valuation of
property in each, the lowest being $500,000, and the highest
$3, 250, 000. 2 A maximum and minimum salary for the several
county officers of each class was fixed by law; and provision was
made that the fees collected by each, with the exception of
those of justices of the peace, should be accounted for and paid
into the county treasury. Montana has divided the counties
into eight classes, and adopted provisions similar to those al¬
ready mentioned. Nevada in 1885 fixed by law the salaries of
some of the county officers and provided that all fees should be
paid into the county treasury. Arizona3 has still another sys¬
tem. Here the counties are classified according to the number
of registered voters in each. Officers in those counties having
less than seven hundred and fifty voters, receive fees and salary
which together shall not 'amount to more than six hundred
dollars. Counties having less than fifteen hundred voters may
remunerate their officers by means of fees and salaries; while
officers of counties having more than fifteen hundred voters are,
within certain maximum limits, to be allowed the fees of office
only. California has a much more elaborate system. An act
passed in 1891 divided the counties of the state into fifty- three
classes based on population. In the first class were all counties

1 Laws , 1891, p. 314, par. 22.

2 Feb. 7, 1896, Utah provided a similar system.

3 1893, p. 142.

183 Urdahl — The Present Fee System in the United States.

of over four hundred thousand inhabitants, while the fifty-third
class contained all having less than two thousand. The salaries
for the county clerks, sheriffs, auditors, recorders, treasurers,
tax-collectors, assessors, and district attorneys were fixed for
each class, and provision made that the fees collected should be
paid into the county treasuries. The other officers, — coroners,
justices of the peace, constables, and so on, are allowed to re¬
ceive fees; but it is required that an account be kept, and any
■excess over the maximum allowed must be paid into the county
treasury.1

The only one of the older states 2 which has as yet attempted ■
to deal with this question in this way is Kentucky.3 A
law, passed in 1895, fixed certain maximum amounts which
might be retained as salaries by the county officers; and pro¬
vided that all sums received above such amounts should be
paid into the treasuries, and heavy penalties were prescribed
for false reports by any official. An attempt was made a year
earlier to limit the amount which might be retained by city
officials out of the fees received.4

It would appear as though some one of the above schemes, if
thoroughly carried out, would furnish an adequate solution of
this grave problem. One thing, however, seems certain; and
that is, that the experiments which these Western states are
carrying on, will be of interest and value to every state in the
Union, whatever their result may be. The problem is one which
confronts almost every locality, although the abuses are more
manifest in some states than in others. Thoughtful men and
wise legislators are beginning to take more and more interest

1 Supplement to the Code of 1893, p. 375, 806.

2 Pennyslvania made an attempt in 1810 to limit the amount which
might be retained as salaries by registers of wills, recorders of deeds, pro-
thonotaries of courts of oyer and terminer, courts of quartersessions, and
orphans’ courts, by providing that an account of all fees collected by each
officer should be given to the Auditor General; and that fifty per cent, of
all fees collected in excess over $15,000 should be paid into the state treas¬
ury. The attempt was a failure because of the inefficiency of the admin¬
istrative machinery. — Laws, 1810, §1.

3 1895, Ch. 47, par. 1776.

4 1895, p. 1046, par. 3065.

Court Fees.

189

in the legislative reforms which are attempted, not only within
the Union, but also in other countries. If the reforms outlined
above should at all meet the expectation of the reformers, it
will only be a question of time until the movement will spread
over the entire West and even overcome the inertia and conser¬
vatism of many Eastern commonwealths.1 But the reform is
bound to come in course of time, even if it is not accomplished
by such legislation at a single stroke. It requires no great
power of observation to see that a change is gradually going on
in everyone of the states in the Northwest. One official after
another is transferred from the fee to the salaried list. Scarcely
a session of a legislature closes without having accomplished,
one or more changes in this respect.

C. FEDERAL COURT FEES.

Scarcely any of the states employing the fee system have as
yet required the officers to give any strict account of the total
amounts received as fees. Even if the new system is introduced,
it becomes next to impossible to obtain any figures which will
show in dollars and cents the total gain or loss due to the one
system or the other. It is quite different with the Federal
officials, and more especialy those connected with the Federal
courts. These were required comparatively early to give a
complete account of every fee received. We have thus full and
reliable statistics of the amounts collected as fees in the various
courts for a long series of years. These figures show that the
cost of maintaining the United States courts has for a number
of years been increasing at the rate of over a million dollars a
year. On May 28, 1896, Congress passed an act which changed
most of the officials connected with the Federal courts from the
fee to the salary system of compensation. The result is, that
the total expenses under the new system for the current year
1897, according to the estimates made by the Attorney General,

1 It may be of interest to note that the original drafts of two of these
laws were not made in the West by any “ sage bush ” legislators, but are
the product of the best legal talent of the East. The statute of one state
is taken from a revised code which was laid before the New York legisla¬
ture; and after being rejected by that body, it was taken up and passed in
the West.

190 Urdahl — The Present Fee System in the United States.

based on the returns for the first six months, will be $4,861,465,
as compared with $6,675,239 for 1896, which was the cost un¬
der the fee-system. This shows a total saving of $1,813,774 in
spite of the fact that the volume of business is on the increase.
The specific items in which this reduction is made as given in
the report of the attorney general are as follows:

Salaries and expenses of marshals . $2,995,541 50

Expenses for bailiffs . . . 94, 920 40

Expenses for jurors . . 215,306 09

Expenses for district attorneys . 192, 042 81

In miscellaneous expenses there is an increase of $2,646 over
the preceding year. One item which most forcibly illustrates
the extravagance of the fee system, is the mileage of United
States attorneys and their assistants, which amounted to $93,908
for the fiscal year 1896, while according to the estimates the
maximum expense under the new system will not exceed $6,000.
These figures illustrate, better than volumes of discussion, the
economic advantages of the new system, and the wastefulness
of the old method of remuneration.

But the diminution of the sums paid to public officials as sal¬
aries and for other purposes, represents by no means all the gain
which accrues to the public from this change. The attorney
general puts this very admirably when he says: —

In districts where the “ abuses of the fee system have flour¬
ished without interruption for a generation, fewer persons are
called from their daily pursuits; private business suffers less
interruption; is less frequently disturbed by groundless prose¬
cutions and dread of them; the number of persons who as in¬
formers, professional witnesses, and the like, seek to gain a
livelihood by methods which often cause, and always threaten,
the prostitution of judicial proceedings, is largely diminished
and the general morale has been raised. There is every reason
to believe that there has been and will be no failure to promptly
and effectively enforce the laws. ”

The salary system is not as yet extended to deputy field mar¬
shals, as their services are only required intermittently; nor
are the clerks of court brought under this requirement, but it
is probable that they will be in the near future.

This result of the application of the new system to the Fed-

Revenue from Fees.

191

eral courts, gives a suggestion of what might be accomplished
in the state and local courts, especially if it is borne in mind
that the business of the Federal courts is insignificant, when
compared with the aggregate business of all other courts.

CHAPTER VI.

REVENUE FROM FEES.1

A. FEDERAL GOVERNMENT.

Federal fees are the only ones of which anything like com¬
plete accounts are kept, and even here the reports are not de¬
tailed enough to make an exhaustive treatment possible. A
special report made by the secretary of the treasury to Con¬
gress, stating the receipts and expenditures of the Federal gov¬
ernment for the year 1882, is the basis of the following table,
which contains the aggregate of all the fees, excluding postal
fees, collected by Federal officials for that year:

Consular fees . . . $613, 422 22

Steamboat fees . 279,889 36

Registers’ and receivers’ fees . 1,107,671 61

Marine hospitals . 406, 103 59

Weighing fees . 48,638 17

Customs officers . . . 480, 728 69

Emoluments (customs) . 368,822 74

Emoluments (judiciary) . 25,315 39

Patent office fees . . . 917, 897 14

Passports . 20,115 00

Copying (general land office) . 8,247 90

Copyright fees . 15, 753 04

National health laws . 1,647 68

Total . . . . . 2$4, 564, 390 85

1 The statistics on which this chapter is based cannot be considered ab -
solutely accurate; but they are accurate enough to show the general results
indicated. Many of the receipts classed in some tables as fees should, no
doubt, were all the particulars known, be classed as taxes; while others at
present considered taxes, should have been included in the fee tables.

2 [The sum of the amounts given is $4,294,252.53. — Editor.]

192 Urdahl — The Present Fee System in the United States.

The total is important in that it shows the significance of
the subject of the fee-system as a source of revenue. Without
the fee-system this sum would have to be raised by taxation or
in some other way. This four and a half million dollars repre¬
sents the amount which is annually collected for the numerous
little services performed by Federal officials throughout the
land. The true significance of the Federal fee-system will be
more adequately represented, when the receipts of the Post
Office, which in essence are pure fees, are added to the above
miscellaneous fees, making a total of nearly eighty millions a
year; while the revenues of the United States from all sources
was $372,802,498. 29. 1

The revenues from fees vary with the general prosperity of
the country. There may be, and usually is, a gradual increase
in the total from year to year, although there is at times
a diminution of several thousand dollars from some particular
source. In 1891 the consular fees had increased to $782,619,
while the registers’ and receivers’ fees had decreased $931,907.
The consular fees in 1895 amounted to $938, 765, 2 an increase of
over $150,000 in five years. The Patent Office fees vary quite
extensively, owing to differences in industrial and inventive ac¬
tivity of the community.

B. REVENUES FROM FEES IN THE STATES.

In most of the states the amounts which are accounted for as
fees, are surprisingly small. There are, in the first place, a
large number of states whose receipts from fees include only the
ordinary office receipts of their state officers, the total amount
of which constitutes but a very small per cent, of the total
state revenues. Among the members of this class may be men¬
tioned the following: North Carolina received $13,715 in fees
from all sources, and of this amount $13,192 were the receipts
of the secretary of state’s office. Arkansas collected $26,466
from all sources, of which over $18,000 was from the secretary of

1 Report Sec. of Treas., 1895, p. 15. For the fiscal year 1896 the total
fees amounted to over $86,000, 000, while the total revenue from all sources
was $409, 000, 000.

2 Report of Sec. of Treas., 1895, p. 701.

Revenue from Fees.

193

state’s office, and over $8,000 from the insurance commissioner’s
office.1 Kansas credits $13,646 to fees, of which the bank com¬
missioner collects $6,458, the oil inspector $4,500, and the sec¬
retary of state $1,676. 2 Alabama receives $29,003 from her fee
system; but of this amount $22,602 is obtained from solicitor’s
fees, and $861 from oyster licenses ; the remainder is collected
by the state officers.3

But there are a few states that receive considerable revenue
from the fees which are accounted for by the state officers.
Among these may be mentioned Illinois, where $525,872 was
last year credited to fees, of which $195,135 came from the sec¬
retary of state’s office and $328,475 were collected by the super¬
intendent of insurance.4 Missouri also received the not incon¬
siderable sum of $192,485 from fees; $109,294 of this was col¬
lected from foreign insurance companies, and $76,510 by incor¬
poration fees.5 Wyoming, whose total state revenue only
equals $410, 990, receives $8, 1 00 from fees of state officers. Of this
amount $4,400 is from foreign insurance fees, and $1,000 from the
fees of the secretary of state. Colorado obtains $150,000 from
her insurance department, and $40,000 from the secretary of
state’s office.6 The little state of New Jersey receives nearly
$83,000 from incorporation fees.7 This large sum is explained
by the fact that incorporation is here made easy; and com¬
panies from all parts of the Union come here to obtain their
charters, for exactly the same reason that the number of divorce
cases in South Dakota has been out of all proportion to the
population of that state.

There are several states whose revenues include fees derived
from various other sources besides those mentioned, the most
general of which are the receipts from state supreme and inferior
courts. New Jersey receives $22,815 from the clerks in chan-

1 Report of Auditor, Ark., 1896, p. 22.

2 Report of Treasurer, 1896, p. 8.

3 Report of Auditor, 1896, p. 59. Building and Loan Associations, $3,800;
Secretary of State, fees, $915; Attorney General, $73; State Auditor, $751*

4 Report of Treasurer, 1896, p. 7.

6 Report of Auditor, 1896, p. 5.

® Report of Auditor, 1896, p. 14.

'Report of Comptroller, 1896, p. 17.

13

194 TJrdahl — The Present Fee System in the United States.

eery; 1 Nevada obtains over $1,000 from her supreme court fees; 2
Utah collects over $10,000 from the fees of her clerks of court;3
and a few other states show small sums derived from this
source. Among other miscellaneous sources of state fees, it
may be worthy of notice that Connecticut obtains $10,000 from
her shell fisheries.4 Minnesota obtains $135,000 from grain in¬
spection fees ; 5 and many other states obtain revenues from other
sources, the amounts of which are too small to be of any ac¬
count.

The states, however, that show the largest receipts from fees,
are invariably the ones that have the most elaborate system of
licenses. Maine6 receives $83,084 from fees of all kinds, while
her total state revenues amount to $1,576,382. North Dakota

1 j Report of Comptroller, 1896, p. 17.

2 Report of Comptroller, 1896, p. 16.

3 Report of Auditor, 1896, p. 22.

4 Report of Comptroller, Conn., 1896, p. 77.

Com’r of pharmacy . $1,973 25

Com’ r of shell fisheries.. . 10,136 25

Executive sec . 535 50

Insurance com’r . 68,334 79

Sec. of state . 2, 147 35

Incorporations . 1,500 00

Total recepts . $84,627 14

6 Report of Auditor, 1896, p. 66.

Insurance fees . $16, 462 00

Sec. of state . 1,543 85

Dairy com’r . 1,500 00

Public examiners . 500 00

Game and fish com’r . 1,639 30

State bank fees . 2, 265 00

Warehouse . 110 00

Grain inspection . 135,700 00

Candidates for state offices . 1,650 00

Total. . $161,370 15

6 Report of Treasurer, 1896, pp. 10 and 11.

Private detectives’ fees . $150 00

Hawkers and peddlers . . . . . . . . 4, 300 00

Itinerant vendors . 100 00

Dog licenses . 29,494 85

Incorporations . 642 00

Increase of capital stock . . . 23, 595 00

Railroad com’r . 9,880 09

Sec. of state, fees . 2,260 84

Insurance com’r . 11,143 00

Medical board, registration . 1,518 00

Total . $83,083 78

Revenue from Fees.

195

obtains over $15,000 from elevator licenses.1 Leaving out of
consideration the Southern states, whose licenses are, partially
at least, in the nature of business taxes, we find a number of
commonwealths which seem to employ licenses partly as regu¬
lative measures and partly for revenue, and thus obtain a very
large percentage of their revenues from this source. Mary¬
land2 received $1,118,972 from license charges and other fees,
as compared with her total revenue of $3,156,876. Pennsyl¬
vania nominally receives all her state revenue from these sources,
but in reality many of the so-called licenses are taxes levied
under the form of license charges. The same may be said of
the railroad licenses in Wisconsin and other states. The amount

1 Report of Auditor, N. D., 1896, p. 3.

Com’r of ins . $33,683 40

Sec. of state . 5,682 46

Incorporations . 2,930 00

Com’r of agr . 3 20

State examiner . 2,450 00

Clerk of supreme court . 1,388 25

Vet. examining board . 475 00

Dist. veterinarian . 125 25

Elevator licenses . 1,535 00

New land contracts . 65 00

Total . $27,779 56

{The sum of the amounts given is $18,337.56. — Editor.]

2 Report of Comp, of Treas., 1896, p. 2.

Bonus on corporations . $6, 439 80

Excess of fees of office . 50, 011 90

Franchise tax . . . 29, 536 58

Auctioneers . 3,887 75

Billiard tables . 10,375 98

Brokers . 12,312 53

Cigarettes . . . 12, 780 37

Exhibitions . 2, 482 76

Fishery . 122 15

Hawkers and peddlers . 4, 333 29

Ins. companies . 130,865 11

Ordinary . 11, 5?6 39

Oyster house . 31,56112

Oyster measures . 1,227 60

Oyster canners and packers . 5, 649 86

Traders . 194, 604 42

Traders in liquor . 9, 093 62

Dredges for oysters . . . 25, 284 33

To sell commercial fertilizers . 18, 295 00

Tongs and scrapers . . . 13, 510 00

High liquor licenses (Balt.) . . . 530,575 39

State hay scales . 756 23

.State tobacco inspection . 8, 685 27

State warehouses . 5, 179 43

Total . . . $1,118,927 40

196 UrdaJil — The Present Fee System in the United States .

accounted for as peddlers’ license fees, is surprisingly small;
but it may be explained by the fact that the laws are evaded,
and that the state authorities, as a rule, are unable to enforce
them.

In general it may be said that the state income from fees is,
as a rule, but a very small part of the total state revenue;
although a few states, like Pennsylvania and Maryland, succeed
in getting a large percentage of their income from them.

C. MUNICIPAL RECEIPTS FROM FEES.

The increasing importance of the fee-system from a revenue
standpoint, is best illustrated by a study of the officers’ reports
of the various cities of the country. The reports for 1896, from
cities with a population of over 75,000, show a great variety in
total receipts from fees, and more especially in the particular
sources from which the fees are derived.

Savannah, Ga., obtained $83,273 from municipal fees and
licenses, $51,000 of which was liquor license charges, and
$15,904 were payments for market privileges.1 Salt Lake City,.
Utah, credits $116,419 to license fees, most of which is paid
for liquor licenses.2 Duluth. Minn., derives $130,373 from fee-
payments, of which $16,000 are municipal court fees and
$113,834 from licenses, largely to sell liquor.3 Paterson, N. J.,
receives $154,308 from fees, while the total municipal revenues
from all sources are $3,245,475. The main sources of fees are
liquor licenses, which yield $138,655; other licenses $5,795;
registry of dogs, $5,162; court-recorder’s fees, $3,036; and
miscellaneous fees.4 St. Paul, Minn., derives $309,000 from
liquor licenses, $7,050 from theater licenses, and less amounts
from hack and cab drivers, peddlers, express companies, build¬
ing inspection, markets, pawnbrokers, city railroads, and so
on, making a total of $338, 347. 5 Minneapolis obtains $289,000

1 Municipal Report , 1896, p. 57.

2 Report , 1895, p. 42.

3 Report of Compt., Duluth, 1896, p. 27.

4 Annual Report , 1896, p. 12.

5 City Report , St. Paul, 1895, p. 32.

Revenue from Fees.

197

from her liquor licenses, $48,646 from fees and fines, which
together with fees from miscellaneous sources make a total of
$353,874, as compared with the total municipal receipts from
all sources of $1,029, 525. 1

The larger the city and the denser the population, the more
important do the sums total derived from fees become, as com¬
pared with the general receipts. In the great cities the revenue
from fees constitute about ten per cent, of the total income
from all sources. In St. Louis2 the fees amounted to $2,168,365,
while the general receipts were $12,041,402. The fee payments
of all kinds in the city of Philadelphia3 for the year 1896
amounted to almost four million dollars, while the total munic¬
ipal receipts were about thirty-one and one-half million dollars.

1 Annual Reports , Minneapolis, 1896, p. 31.

2 Fees accounted for in the Comptroller’s Report of St. Louis for 1896,

p. 5.

Wharfage . $65,283 53

Boiler and elevator inspection . 13, 953 00

Building permits . 9,862 00

Street railroad franchises . . . 74, 152 15

Commissioner’s fees . 157,169 15

Recorder of deeds . 54, 061 10

Scales . . . ... 10, 656 35

Licenses . 1,367,755 53

Inspector of fertilizers . 17, 699 92

Rees of office . 3,613 55

Rees for oil inspection . 14, 525 51

Insurance fees . 536 80

Total (not including occupation taxes on licenses) . $2,168,365 06

[The total sum of the amounts given is a little over $1,788,000. — Ed.]

3 Philadelphia Compt. Report , 1896, p. 21.

Boiler inspection . . $20, 301 50

Building inspector . . . . . 38, 235 31

Search fees from tax office . 6, 508 60

City solicitors . 247,537 22

Port warden . 703 00

Prothonotary . . . 54, 535 61

Recorders . 105,243 25

Register of wills . . . 92, 600 10

Sheriffs . 65,998 47

Clerk of Quarter Sessions . 39, 384 11

Bureau of highways . 168, 510 07

Surveys . 181,398 49

Waters . 2,835,326 74

Total . $3,909,030 08

[The sum of the amounts given is a little over $3,852,000.— Ed.]

198 Urdahl — The Present Fee System in the United States.

The ratio is about the same in the other large cities.1

The relative amounts which are derived from the various sources
vary in the different cities according to the climate, location,
and other peculiarities of each, also according to the wisdom and
foresight exercised by their respective municipal and legislative
bodies. St. Louis received in 1896 nearly $75,000 for street
railway franchises, while Philadelphia with a much more valua¬
ble system did not receive a dollar from this source except by
way of taxation. Philadelphia, on the other hand, receives
large sums each year from the fees collected by prothonotaries
and other court officers. Chicago, New York, and other cities
derive comparatively little revenue from this source. The ten¬
dency has been prevalent in some of the corrupt city councils to
grant away valuable franchises and other privileges, which other¬
wise would have yielded annual sums into the treasury.

Indeed, many of the legislative bodies in our large cities exercise
almost as important and far-reaching powers in this respect as
the absolute monarchs of the seventeenth century. History fur¬
nishes numerous examples of commercial monopolies and other
exclusive privileges, granted as trifling tokens of royal favor to
some favorite courtier, which when exploited were found to
yield fabulous sums. So it is with many municipal bodies. A
little, harmless-looking ordinance is introduced involving fees
which are apparently insignificant; and a few years later it
may be discovered that the fees provided for yield annually a
small fortune to some official.2

1 Fees of the city of Chicago:

Amusements . $21,434 10

Dog licenses . 84, 480 00

Pawnbrokers . 18,750 00

Wholesale liquors . 28,693 00

Wholesale malt dealers licenses . 33, 985 09

Saloons . 2,991,965 34

Street car companies . . . . . 68, 841 00

Building permits . . 43, 902 95

Certificates of inspection . 14,636 00

Insurance . . 22,767 67

Poundage . . 1,008 00

Total . $3,627,930 47

[The sum of the amounts given is a little over $3,329,000. — Ed.]

2 Chicago Times- Her aid, Jan. 27, 1897, p. 1. In the spring of 1896 the
city council of Chicago passed an ordinance which required all peddlers to

Revenue from Fees

199

The amounts collected as fees in the great cities, seem to be
enormous when taken by themselves, but they are by no means
as large as they might be under more efficient and economical
administration of municipal affairs. The municipal machinery
is as yet very crude and undeveloped. As a result the amount
of waste is very great. Very many of the small fees which are
collected here and there, may be compared to the by-products
of a great factory. Utilization of these by-products, and new
economies are the things which can increase the output. Just
so with our municipal establishments. Taxes are already so
high that the income from that source can not be increased very
materially with the present system; but the receipts may be
augmented quite perceptibly by getting into the treasury all
the fees which are collected for every privilege or service what¬
ever.

D. GENERAL TREND OF THE FEE LEGISLATION.

The most general and far-reaching tendencies which can be
said to exist, are in two directions. There is one class of fees
which tend everywhere to disappear, or at least to diminish in
size. This class includes all payments for actual services or
goods furnished by public authority. Good examples are the
following: the Post Office; the public schools; all kinds of cler¬
ical services; the use of highways, which originally and in a
few places even now, are paid for by means of tolls ; water sup¬
ply in large cities; gas and electricity when furnished by mu¬
nicipalities. In short, wherever the government attempts to
furnish a service which could be furnished by private initiative,
the tendency soon becomes manifest to reduce the fee below the
cost of the service, often even to such an extent that it becomes
a free good.

There is, however, another large category of fees which may
be said to be on the increase in amount. These include most of
the license fees. We have seen in the foregoing how each one
has, as a rule, originated in a simple recorder’s fee, and grad-

buy a tag from the city clerk for fifty cents, which was required to be at¬
tached to their wagons. The estimated annual profit to the clerk from
this source was $8,000.

200 Urdahl — The Present Fee System in the United States.

ually increased until some of them became real taxes. The num¬
erous incorporation fees would belong to this class. A very-
little investigation will show that they are on the increase.
Here also the numerous inheritance taxes belong. They cer¬
tainly originated in probate fees, and may, if moderate in
amount, be placed even now in this category.

There is, furthermore, a tendency to extend the scope of the
fee system. With every extension of the functions of govern¬
ment new direct services to individuals become possible, and
new fees are collected therefor. Each recurring cycle of years
sees the development of new fees and the disappearance of the
old.

CHAPTER VII.

LEGAL ASPECT OF FEES.

A. EVOLUTION OF FEES AS INTERPRETED BY THE COURTS.

The courts have not succeeded in establishing any definite
and sharply defined category uuder the heading of fees as dis¬
tinguished from other public revenues. This becomes perfectly
evident when we turn to the various law dictionaries and ascer¬
tain that no definition or explanation of the term can be found.
Eminent legists and text-book writers, such as Judge Cooley,
Mr. Desty, and Mr. Hilliard, seem to ignore entirely the sub¬
ject as a whole and confine their attention to license and inspec¬
tion fees, which are but a small part of the subjects included
under the more general term. Not even on the subject of license
fees have the courts succeeded in evolving any definite body of
law. Conflicting decisions can be found in the various state
courts, due doubtless to the wide divergence in the constitu¬
tional limitations of various states and public bodies.

On the strength of some of these decisions the American legal
writers have formulated definitions and accepted certain princi-

Legal Aspect of Fees .

201

pies in regard to licenses and license fees. Judge Cooley de¬
fines a license as “a privilege granted by the state, usually on
payment of a valuable consideration. To constitute a privilege
the grant must confer something which, without it, would be
illegal. A fee is in the nature of a sale of a benefit, or privi¬
lege, to a party which would not otherwise be entitled to the
same.”1 Mr. Desty says that “a license is not a tax, but a
privilege granted to carry on some occupation or exercise some
right which could not be legally exercised without the grant of
such license.2 . . . The license fee is not limited to the

mere cost of issuance; it may be sufficiently high to produce a
fund to enforce regulations adopted to restrain the improper
exercise of the pursuit. ”

Neither of the above mentioned writers lay any stress on the
distinction between license fees and license taxes, but regard
both as essentially in the nature of a tax. This is shown by
Judge Cooley’s statement, that license fees may be imposed for
four different purposes: (1) for regulation, (2) for revenue, (3)
to give monopolies, and (4) for prohibition. But he affirms
that the only legitimate purpose for which fees should be levied,
are for regulation and revenue. This distinction from a legal
point of view, between license fees levied for regulation, and
the so-called fees for revenue, was recognized very early in the
history of the country. The idea has been further elaborated
by many courts that license fees whose purpose was regulation,
were levied by the police power, while fees for revenue were im¬
posed by the taxing power. But the term regulation is a very
broad one, and can be made to include almost every exercise of
sovereignty; or it may be interpreted so as to embrace only a
few subjects, according as the interpreting body takes the lib¬
eral or conservative standpoint. As a result, we find that the
decisions vary and conflict with each other, not only in the
courts of different states, but even within the same state in dif¬
ferent periods of time.

Courts are, from the standpoint of history and political science,
not only interpreters of constitutions and laws, but of economic

1 Cooley, Law of Taxation , p. 512.

2 Desty, Taxation, pp. 1385 and 1380.

202 TJrdahl — The Present Fee System in the United States.

conditions. They are influenced by the ideas and ideals of the
times, and unconsciously, at times even consciously, adjust and
modify constitutions and laws so as to fit the economic condi¬
tions which present themselves. We thus find a long list of
cases where the imposition and collection of license fees, were
adjudged to be an exercise of the police power, although it was
clearly shown in many of them, that the fee yielded a surplus
revenue to the public body.1 2 In New York vs. Leonard, 2 the
court held that the imposition of a license charge of $50 per
car for the privilege of running on the streets of New York,
was an annual tax and not a license fee; while the parallel case
of Johnson vs. Philadelphia ,3 w7as decided contrary to the former
decision, the court holding that $50 per year per car was a legiti¬
mate license charge. The court here stated “ that if it be granted
that the sum is a reasonable charge as a police regulation, then
its incidental operation in augmenting the receipts of the city
treasury, cannot invalidate it. ” The trend of the earlier de¬
cisions4 seems to be that the distinction between fees and taxes,
corresponds to the distinction between police powers and taxing
powers.

The dividing line between these two powers has never been
definitely fixed. Even the United States Supreme Court5 6 has

1 People vs. Thurber, 13 Ill., 554; Walker vs. Springfield , 94 Ill.,.
364; Burch vs. Savannah, 42 Ga., 596; DuracEs Appeal, 52 Pa., 392;.
East St. Louis vs. Trustees, 99 Ill., 583; Rochester vs. Upman , 19 Minn. ,
312; State vs. Carridy , 22 Minn., 322; Johnson vs. Phila., 60 Pa., 445;
Fire Dept. vs. Helfenstein, 16 Wis., 136; Cine. Gas Co. vs. State, 18
Ohio, 237; Boston vs. Schaffer, 9 Pick., 415; Welsch vs. Hotchkiss, 39
Conn., 140.

2 32 N. Y., 261.

3 60 Penn. Stab, 451.

4 Tenney vs. Lentz, 16 Wis., 566; License Cases, 5 How., 504; Keller
vs. State, 11 Ind., 525; Commonwealth vs. Kimball, 24 Pick., 359; Gib¬

bons vs. Ogden, 9 Wheat., 23; Marmetvs. Ohio, 12 N. E. Rep., 472,
etc.

6 New York vs. Milwaukee, 11 Pet., 102. “Every law comes within
the police power which concerns the welfare of the whole people of the
state or any individual within it, whether it relates to their rights or their
duties, whether it relate to them as men or as citizens of a state, whether in

their public or private relations, whether it relates to the right of persons or

Legal Aspect of Fees.

203

long defined the police power in such a way as to make it co¬
extensive with the whole internal government of a state. But
later decisions have limited the scope of this power in one
direction, and extended it in another. In the case of Barbie vs.
Connolly* 1 the Supreme Court has so far narrowed the conception
as to place the development and administration of common law
outside of its realm; and writers on political science have, in
theory at least, gone further and limited the conception still
more. Although the general nature of the power has been de¬
fined, still the outlines are left very vague and undetermined.
Even if the early view be accepted, that a license charge which
yields revenue is a tax and an exercise of the taxing power,
while a charge which will cover only the necessary expenses of
issuance, and the additional labor of officers thereby imposed,
is an exercise of the police power, still, even this apparently
simple and clear distinction would leave a large field within
which courts and legislators might exercise their discretion.
In Judge Cooley’s words2: “The courts will not inquire very
closely into the expense of a license, with a view to adjudge it
a tax, where it does not appear to be unreasonable in amount
in view of its purpose as regulation. ”

The various courts are therefore compelled to find other justi¬
fications for fees than the mere fact that they are levied under
the police power. Charges are found which are perfectly legit¬
imate, but which far exceed the cost of the regulation carried
out by the government. The courts have been compelled to
admit that a license fee is not necessarily limited to the cost of
regulation, and that it is not necessarily an exercise of the
police power. In the leading case of Ash vs. People 3 the court
decided that “ the exaction is not a tax, it is but a reasonable
compensation which the city demands from those who will not

of property, of the whole people of the state or of any individual within
it, and whose operation was within the territorial limit of the state and
upon the persons and things within its jurisdiction.”

1 113 United States, 27.

2 Cooley’s Constitutional Limitations , p. 243, 6th ed.

3 11 Mich., 347. The city of Detroit established a city meat market and
required persons keeping meat shops outside of this market to pay a license
fee of per annum. The ordinance was sustained.

204 Urdahl — The Present Fee System in the United States.

sell in the public markets, for the additional labor of officers and
expenses thereby imposed. ... If the city may demand
enough to pay for making out the license, it is difficult to con¬
ceive why it may not also demand enough to pay all expenses
attending supervision of the trade at the place licensed.” In
Chilvers vs. People 1 the court held that a license is not a tax:
‘‘It is a price paid for a franchise or public privilege in an in¬
dividual. ”

This idea is brought out very clearly in a whole series of cases
in which the courts have passed upon the validity of incorpor¬
ation charges. In Ashley et al. vs. Ryan , the Supreme Court
of Ohio held that the sum required by statute for filing articles
of incorporation, was not a tax on property. “ The filing is
simply an authority or license to persons filing the articles to
become a corporation, and the sum paid therefor is the con¬
sideration demanded by the state for this right. The same idea
is presented by Justice Field in Insurance Go. vs. New York A
“ The right or privilege to become a corporation ... is one
generally deemed of value to corporations ...... The govern¬
ment may require that corporations pay a specific sum each
year.” In Monroe Savings Bank vs. Rochester 3 the court said:
‘‘It must be regarded as sound doctrine that the state may im¬
pose any conditions it please. . . If the grantees expect the

boon, they must bear the burden. ” In the case of Pearl vs.
Virginia* 4 Justice Field said: “ A grant of corporate existence is
the grant of a special privilege to incorporators. ”

In these and other cases5 of the same kind the courts have
apparently grasped the fundamental characteristics of fees;
namely, that they are payments for special benefits conferred by
the state or other public body upon individuals. But they have
not carried it to its logical conclusions by applying it as a cri¬
terion to all fees. They have not laid down the general law,
that fees shall not exceed the value of the special service ren¬
dered to the individual. This standard of measurement has
been applied to only a limited number of fees.

1 11 Mich., 50. 3 37 N. Y., 365.

2 134 U. S., 599. 4 8 Wall., 168.

5 Morgan vs. La., 18 U. S., 455 \ Baker vs. Cincinnati , 11 O., 534;
Cincinnati Gas Co. vs. State , 18 O., 237.

Legal Aspect of Fees.

205

As for the rest, the courts have held in some cases1 that
charge should be sufficient to cover only a small part of the ex¬
penses incurred by the state; while in others 2 they have
sanctioned fees high enough to cover not only the cost of direct
regulation, but enough to produce a fund to protect the com¬
munity from indirect and probable injurious consequences of the
exercise of the privilege. In still other decisions the stand is
taken that the fees should be high enough to indemnify the
state for the exact cost of furnishing the service to the individ¬
ual ; but this cost is interpreted to include only the direct con¬
sequences.

This is the nature of the decisions of the United States Cir¬
cuit Court for the Western District of Pa. in the case of West¬
ern Union Telegraph Co. vs. Philadelphia .3 The court held that
an ordinance of the city of Philadelphia, charging $16,000 for
a license to the telegraph company, levied a tax, and not a fee,
because it far exceeded the amount expended by the city in pro¬
tecting persons and property from injury from the poles, wires,,
and other property of the telegraph company. Two years later
a similar case4 came up for adjudication in the courts of Mis¬
souri, aud was taken to the United States Supreme Court. The
question at issue was whether the city of St. Louis could charge
five dollars per pole for its permission to the Western Union
Telegraph Co. to do business in the city. The Supreme Court

1 Trans. Co. vs. Parksburg , 107 U. S., 691; Packet Co. vs. Keokuk y
95 U. S., 80; Packet Co. vs. St. Louis , 100 U. S., 423.

2 Cincinnati vs. Buckingham , 12 Ohio, 257.

State vs. Cassidy, 22 Minn., 320. “ It, (the state) regards the traffic-

(in liquor) as tending to produce intemperance, and as likely to entail upon
the state the expense and burden of providing for a class of persons ren¬
dered incapable of self-support. The evil influence and example upon
society is necessarily injurious to the public welfare and prosperity, and
therefore calls for such legislative action as will operate as a restraint upon
the business flowing from its prosecution. To this end a license is re¬
quired, and the business restricted to such persons as are willing to
indemnify the state in part against such probable results. . . . These
measures are undoubtedly police measures — it is not at all important,
whether the license produce revenue to the city or not.”

3 107 U. S., 365.

4 St. Louis vs. W. U. Tel. Co.

206 Urdahl — The Present Fee System in the United States.

decided that the charge was not a tax, but was in the nature of
a rental, or essentially a fee. “A municipal corporation has
power to impose a reasonable charge upon a company doing
inter-state business, as a compensation for the space occupied
by its property.” The court makes no statement as to how the
size of the fee should be gauged, but it is evident that the
element of service or benefit is of more importance in this than
in many previous decisions.

In some recent decisions there are traces of a decided advance
in the legal interpretation of fees. The true criterion, as has
been explained before, by which payments can be judged, as fees
or taxes, must be the presence or absence of a special benefit to
the individual equivalent to the charge. The legislative, or law¬
making, body has ultimately the discretion and the power to de¬
cide whether a charge shall be imposed or not; and in so doing
it also decides whether it is a counter-payment for a service
rendered to certain individuals by the state, or whether it is a
burden in the form of a tax imposed without reference to ser¬
vices. The intent of the legislative body becomes, therefore, a
guiding principle, which has already received recognition both
by state1 and federal courts.2

The decision in which this is brought out most clearly is in
the case of Harmon vs. Chicago. i Here the United States Su¬
preme Court decided that an ordinance of the city of Chicago
was invalid which imposed a license fee upon all tugs plying in
the Chicago River, whether licensed by the United States in
the coasting trade or not. The charges would have been per¬
fectly legitimate, so the court intimated, if they had been im¬
posed as a consideration for improvements made in the channel
of the river, which improvements were of use to the tugs. The
fact was shown by the attorneys for the defense that such valu¬
able improvements had actually been made in the Chicago
River, but there was nothing in the ordinance to show that the
city council intended the license fee as a consideration for the
use of these improvements; on the contrary, there was reason
to believe that the so-called fees were intended simply as a tax

1 Mitchell vs. Williams , 27 Ind., 62.

2 147 U. S., 410.

Legal Aspect of Fees .

207

on the tugs plying in a river which was a part of the navigable
waters of the United States. It was therefore held to be an
interference with interstate commerce. The court here virtu¬
ally held that the charge would have been a legitimate license
fee, had the council imposed it with that intent; but, as the
council had levied it with the understanding that it was a tax,
its intent and interpretation must be accepted by the court.

Essentially the same principles were laid down in the earlier
case of Ruse vs. Glover f where the legislature of Illinois, after
having expended much money on locks and improvements in the
Illinois River, passed a law levying a tonnage toll on vessels
passing through these locks. The Supreme Court held that this
exaction “was a compensation for the use of artificial facili¬
ties constructed, and not an impost upon navigation.” The
tendency therefore seems to be in the right direction, at least
in the decisions of some courts. This tendency is to construe
as fees all charges which the legislative body intended to con
form to the roughly measurable special benefit.

B. FEES IN THEIR RELATION TO INTER-STATE COMMERCE.

Almost all questions in regard to fees which have come before
the Supreme Court of the United States for adjudication, have
involved some phase or other of the regulation of interstate and
foreign commerce. It would seem, at first blush, as though no
fee would be of itself an interference with commerce. If the
fee charged is a counter-payment, and does not exceed the value
of the equivalent granted or furnished by the state, it becomes
difficult to understand how such a charge can interfere with
internal commerce.

In the earlier decisions this was the view taken by the courts.
In Osborne vs. Mobile* 2 the Supreme Court passed upon the
validity of an ordinance which required an express company
doing business beyond the state limits to pay a license fee of
$500, and an express company doing business within state
limits to pay $100; and charged a license fee of $50 to any

nidXJ. S., 543.

2 16 Wall., 479.

208 Urdahl — The Present Fee System in the United States.

local express company whose business confined itself to the city.
The validity of this ordinance was sustained on the ground that,
the fee was a payment for the privilege of doing business in
the city.

But this decision was reversed fifteen years later by the same
court, in the case of Leloup vs. Mobile , 1 in which the facts were
similar to those in the case just mentioned. Here the court
held that any tax or charge levied on a company engaged in
interstate commerce, was an interference with such commerce
and hence unconstitutional. In Guy vs. Baltimore 2 the court
decided that an ordinance which levied a higher wharfage fee
on vessels laden with products of other states, than on those
laden with products of the state of Maryland, was unconstitu¬
tional. In November, 1896, Judge Grosscup of the United
States Circuit Court in Chicago, held that an ordinance passed
by the Chicago council violated the Constitution of the United
States in that it interfered with interstate commerce. This
ordinance prescribed a license fee of $250 to be paid by anyone
who should sell or offer for sale any spirituous or malt liquors
in the city of Chicago, and was construed so as to apply to
commercial travelers who sold liquors by sample. The United
States Supreme Court rendered its decision in the case of Brin-
ner vs. Rebman 3 along almost the same line. Here the state of
Virginia had passed a statute prescribing an inspection fee of
one cent per pound on all beef transported one hundred miles
or more to be sold within the state. The court held tint the fee
charged was so large as to prohibit practically the importation
of beef from without the state. It admitted that a small in¬
spection fee might be legitimate, but one cent per pound was
so large as to interfere seriously with interstate commerce.
This is the tenor of the decisions of the court in Walling vs.
Michigan 4 and in Railroad Go. vs. Husen .5

There are, however, even more extreme cases. The fee itself may
be imposed for a legitimate purpose, and may be so low as to

1 127 U. S., 640.
2 100 U. S.,434 .
158 U. S., 78.

4 116 U. S., 446.
5 15 U. S., 965.

Legal Aspects of Fees.

209

barely cover the cost of regulation; and yet the incidental or
indirect results may be of such a character that it becomes an
interference with commerce. The best example of this kind of
a fee may be found in the case of Minnesota vs. Barber.1 The
validity of a statute passed by Minnesota in 1889 was here ques¬
tioned. This law provided for the inspection of all cattle,
sheep, or swine designed for slaughter for human food, which
inspection was required to be made within twenty-four hours of
such slaughter. The inspectors appointed for this purpose,
were allowed a small fee for their services. The avowed pur¬
pose of this law was to prevent the sale of infected and unsound
meat, and the regulations imposed were devised to attain this
end; nor were the fees charged exorbitant. No distinction was
made in the law between residents of Minnesota and those of
other states; and yet the act was held by the U. S. Supreme
Court to result in a discrimination against citizens of other
states, and to interfere with the commerce carried on by them.
It became a discrimination because it was more difficult for a
resident of Illinois to conform to its provisions than for a resi¬
dent of Minnesota. The court therefore declared it to be uncon¬
stitutional, not because the fee itself interfered with commerce,
but because the indirect effects were such. It seems, therefore,
to be accepted by the courts that any law which requires a
party, under any pretext, to take out a license to carry on in¬
terstate commerce, interferes to that extent with such com¬
merce, and hence is unconstitutional.2

In the most recent cases quoted in the preceding, the courts
seem to assert that inspection regulations involving fee pay¬
ments and other requirements of the same nature, come under
this inhibition.

1 136 U. S., 313. No beef packer in Illinois could send his cattle to Min¬
nesota and have them inspected and then ship them back to Illinois for
slaughter; and yet this would be the practical effect of the law, if the
meat was designed for sale in Minnesota.

2 This has been the interpretation of the Supreme Court in Pickard vs.
Pullman Southern Car Co ., 117 U. S., 594; Boffins vs. Shelby City
Taxing District , 120 U. S., 489; Stutenbourgh vs. Henrick, 129 U. S.,
141; M. C. Call vs. Calif., 136 U. S., 129; Norfolk and Western R. B.
Co. vs. Pa., 136 U. S., 114. ,

210 Urdahl — The Present Fee System in the United States.

The existence of any regular development, or evolution, in
the views of the supreme and other courts, may perhaps be
called in question by men who emphasize the purely legal as¬
pect of court decisions; but a study of the cases from an his¬
torical point of view, seems to reveal very clearly the changes
which have been outlined.

CHAPTER VIII.

THE FEE SYSTEM AS A SOCIAL FORCE.

The opinion seems to be prevalent that social forces are so
very cumbersome and unwieldy that it is well-nigh impossible
to influence or effect them. Color is lent to the idea by the
enormous amount of social energy which often has to be ex¬
pended to secure a comparatively insignificant reform. It must
be remembered, however, that many of the so-called social re¬
forms are simply attempts at rolling a stone up hill, with ex¬
ceedingly crude or unsuitable instruments. Oftentimes, too,
the momentum which it has acquired it its downward course
must be counteracted. But if taken at the critical point, if
the golden opportunity is seized by the legislator, the social
reformer, or statesman, the social forces may be guided and are
as susceptible of human influence as the most delicate clock¬
work. Scientific research is gradually bringing to light new
methods of guiding and restraining the forces which appear to
be working injury to society. But before any attempt is made
to regulate or restrain any activity, it is necessary to determine
exactly what its bearings are. This is the first question which
a social science has to solve. Why is the influence of an insti¬
tution bad? Is it because the whole institution is of itself
vicious, or is it because some safeguard or check has been neg¬
lected? Studies of this kind often show the vast importance of
comparatively insignificant details. A very innocent-looking
provision in a law may result in vice, crime, and other disast¬
rous consequences. A slight change in the conditions affecting

The Fee System as a Social Force .

211

vagrants may increase or decrease the number of tramps by
thousands. An almost insignificant pecuniary reward to a
judge or constable will double the number of arrests and com¬
mitments in a single year. Changing the method of remuner¬
ating the prosecuting attorney may lead to the perversion of
the whole system of justice. An unimportant change in a
divorce law may cause an enormous increase in the number of
divorces.

A. THE FEE-SYSTEM AND THE TRAMP QUESTION.

Why is the army of vagrants each year becoming greater, is
a question which is heard from many sides. One general
answer, which seems almost self-evident, is this: Because the
life of a vagrant or tramp is more desirable and agreeable, to
his mind at least, than is that of a productive worker. If we
analyze this still further, we find that such a state of affairs
may be brought about by two distinct sets of circumstances.
Either the conditions effecting tramp life have become more
attractive, or the lot of the worker has become less attractive
and desirable. Only the first of these hypotheses comes within
the scope of the subject in hand.

Tramp life is made possible and even agreeable by private
charity and alms, or by state aid and relief. A great deal has
been said, and a great stress has been laid, upon the evils of
indiscriminate charity and out-door relief; while scarcely a
voice is heard against the direct premium placed upon va¬
grancy, as a result of the use of the fee-system to remunerate
certain public officers. The average tramp would be forced
either to work or to starvation, if he could find no comfortable
or convenient county-jail in which to spend the long, cold
winter. Under existing conditions, however, he is often a wel¬
come visitor at these public lodging houses; for both the jailor
and sheriff are financially better off for each extra “ knight of
the road ” whom they can induce to accept their hospitality,
because the county pays the bill at so much per head, and the
larger the number, the greater the profits for the keeper.1 What

1 Tramps are often furnished with liquor, tobacco, and newspapers, to
induce them to return .

212 Urdalil — The Present Fee System in the United States.

wonder that some of our county jails are known far and wide
among the vagrant classes for their accommodations! Is it sur¬
prising that instances repeatedly occur, where a tramp commits
some misdemeanor before the very eyes of the sheriff or con¬
stable, with the express purpose of securing a commitment to
jail for a period of time?

Counties using this system find the number of tramps increas¬
ing year after year, in spite of the fact that the jail or prison
is crowded the greater part of the time. This has continued,
in many cases, until the expense of maintaining tramps has be¬
come unbearable, and a demand is made for a new system. As
a result the jailor and sheriff, or both, are given a fixed allow¬
ance out of which to support and feed all prisoners,1 and a cer¬
tain amount of labor is required of these to relieve the monot¬
ony. The conditions become changed. The sheriff is no longer
interested in having as large a number of tramps as possible
within his county. Life within the prison walls is made less
attractive; and as a result the stream of vagrants takes another
route, through more hospitable districts. A change like the
one above described took place in Dane county, Wisconsin; and
in four years the cost of maintaining tramps was reduced from
$15,000 to $3, 000. 2 This amount represents the taxes annually
levied and actually paid by the public in a single county to sup¬
port the tramp during that seasen of the year in which he can¬
not depend on private charity. In one sense it may be looked
upon as a standing bribe to encourage shiftlessness, in the same
way that the poor laws of the last century put pauperism at a.
premium in England.3

The jailor and keeper are not the only public officers who are
interested in the existence and presence of the tramps. Where
the fee-system is fully applied, we find every judicial officer more
or less interested in having as many tramps brought up for
trial as possible. It means, as a rule, a fee for the judge, a fee

1 This system is now in force in several counties in Wisconsin.

2 Report of Dane Co. Board of Supervisors.

3 A member of the Wisconsin State Board of Charities estimates that
the tramps, through the fee system, cost the state over a quarter of a mil¬
lion dollars a year.

The Fee System as a Social Force.

218

for the sheriff,1 and a fee for every other officer who takes part
in the trial. It is but natural that inducements should be made
for the vagrant to return and be re-arrested,2 to be perhaps
again committed to jail for a short time. Indeed, to such an
extent have t&ese frauds been carried, that it has been found
necessary in some states3 to pass laws prescribing heavy penal¬
ties for conspiracy between tramps and judicial officers 4 to de¬
fraud the counties.5

Even if we grant that the increased use of machinery in pro¬
duction, and the consequent industrial system, is responsible for
the idleness of many in our dependent classes, still the ease with
which they obtain their food and shelter, is the primary reason
why so many become professional tramps instead of returning
to productive labor when opportunity is offered. Austria forces
tramps to work for a definite period in a work-house or a house
of correction. Belgium prescribes a comparatively long time in
a compulsory workshop. France fixes imprisonment and hard
work for at least three months. G-ermany has her public tramp-
hotels, and strict police supervision, and England her tramp
work-houses.6 All of these countries are attempting to discour¬
age vagrancy; while in the United States, with a tramp prob¬
lem more pressing and serious than any which Europe has had
to solve, we find many states and counties which indirectly
spend huge sums, not to reform the vagrant or to enable him to
become a productive worker, but practically to encourage him

1 The fees of the sheriff for each tramp are said to run from four to six
dollars, while those of the judge vary from two to three dollars.

2 Tramps are often induced to appear before the justice in the forenoon
under one name and in the afternoon under another, so as to earn extra
fees for each official.

3 Laws of Wisconsin, 1889.

4 Some cases have been found where the same tramp was serving three
different sentences at one time, by being discharged and re-arrested and
recommitted to jail, so as to earn fees for the sheriff and magistrate.

‘ This state of affairs is not confined to a few states. Inquiries in the
different states show that the same frauds have been, or are at present,
prevalent in New York, in New England, in the South, in the Middle
States, and in the far West.

6 See consular reports.

214 Urdahl — The Present Fee System in the United States.

to continue the life which he has begun. Public charity and
philanthropy are all well and good, provided they accomplish
their purpose, but that does not justify a system which takes
thousands out of the public treasury without benefiting a single
vagrant. The tramp is simply used as an instrument for tak¬
ing money in the shape of fees out of the pockets of the public,
and putting them into the fee-paid officer’s purse.1 But a very
small part is used to feed the tramp, and this small part does
him and the community more harm than good.

B. FEES IN POLICE COURTS, AND CRIME.

Until quite recently both the police force and the municipal
courts in most of our large cities were supported more or less
by fees and fines, under the mistaken idea that the main func¬
tion of police officer was to catch criminals, and that the func¬
tion of courts was to pronounce sentence on them when caught.
It was also supposed that these public officials would perform
their duties more efficienty if impelled by self-interest. This
conclusion seems reasonable enough at first blush, but the
trouble is that it is based on absolutely false premises. The
great and primary function of a police officer is not the appre¬
hension of criminals, but the repression of crime. Paying a
police office according to the number of arrests made, is about
like paying a teacher according to the number of floggings he
has inflicted.

Not only that, but we have a large body of men whose “ bread
and butter ” depends on having the laws violated, although they
are themselves its ministers. The idea never seems to have oc¬
curred that there was any danger of over-officiousness on the
part of any official. The more criminals caught, the better, it
is said. True! — but have we any guarantee that the police will
catch only actual criminals? What is to prevent him from mak-

1 Prom counties having tramp workshops come reports that they are
empty most of the time, because the justices are pecuniarily interested in
the vagrant, and thus fail to sentence them to the work-house. Thus the
fee-system becomes, indirectly at least, the cause of the failure of this so¬
lution of the tramp problem.

The Fee System as a Social Force. 215

ing arrests on slight suspicions, or for trifling or unwarrant¬
able reasons? The same self-interest impels him in the latter
as in the former case. As a rule, hungry men are not over
scrupulous about the means and methods which will secure them
bread. There is every reason to believe that they would sacri¬
fice their most important function, that is, that of repression,
to the more profitable employment of making arrests. Indeed,
this is amply illustrated by the experience of every city which
has changed from fee-paid policemen to salaried officers. An
act of the Maryland legislature abolished the fee-system in Bal¬
timore in 1862, and as a result the number of arrests for minor
offences decreased from twelve to seven thousand. The decrease
in the number of arrests did not result in more lawlessness or
more petty offences, but can be accounted for by the fewer un¬
called-for and unnecessary arrests.

Hundreds and thousands of poor victims are each year dragged
to prison, who when brought before a magistrate must be dis¬
charged for want of evidence. To the world it is immaterial
whether a few arrests more or less are made If the arrested
individuals are innocent, they will be discharged, it is held, so
what difference does it make? But it does make a difference to
the unfortunate wretches. Dragged to prison for some trivial,
petty offence,1 they must await trial in the morning, unless
they can satisfy the exorbitant demands of the professional
bailor. Even if acquitted and discharged in the end, their self-
respect is lowered, their feelings toward the public are embit¬
tered, and a stigma is cast upon them and their family which
may lead to their ruin. But that makes no difference to the
jailor, the magistrate, the constable, or policeman, who are each
of them richer by the amount of their fee on account of this ar¬
rest. But suppose the man is really guilty, and suppose that
he was even caught in the act of committing some misdemeanor ;
he is sentenced to pay a fine, or, in default, to a term in the
county jail or penitentiary; and society is supposed to be that
much better off, on account of the zeal of the constable or police
officer. Not so, however. The term in the penitentiary is not

1 Altgeld, Inaugural Address , Jan., 1893.

216 Urdahl — The Present Fee System in the United States.

going to reform a man sentenced for being drunk. On the con¬
trary, it is generally admitted that many of our county jails
and penitentiaries are training schools of crime; and that the
man who was “ sent up ” for some petty offence often comes back
a full-fledged criminal. The more trivial the offence, the more
likely is he to react against law and order, and become a real
criminal, to prey upon society. Better far that many criminals
should go unpunished than that one innocent man should be ex¬
posed to such humiliating and dangerous environment.

About each police court in our great cities there is always
hovering a large number of pettifoggers or mediocre lawyers,
who are waiting to be appointed to defend any wretch, for the
fees that are allowed them. Where they have access to the
prisoners before the preliminary hearing, they often succeed in
getting every prisoner to plead not guilty and demand trial, no
matter how clear a case of guilt it may be. This practice is
often encouraged by the custom, still prevalent in many states,
of allowing the prisoner to choose the attorney who shall appear
in his defense, even where the latter is paid for his services out
of the public treasury. There is also another class of men
which the fee system attracts to these same courts. These are
mainly local “politicians,” retired saloon-keepers, and other
idlers, who hang around the corridors of every police court, wait¬
ing for an opportunity to serve as jurors for the sake of the fee.
So serious has the evil become, that the abolition of the entire
jury system in the police courts has been advocated.

C. FEES AND JUSTICES OF THE PEACE.

There is perhaps no part of the American judicial system
which exists with such uniformity in all states, as the Justice
of the Peace. And everywhere, almost without an exception,
his remuneration consists in the fees which he collects. This
official seems almost indispensable to the local administration
of justice, and no state has as yet been able to devise any fair
and economical system of compensation other than by fees.

The amount of business done by each of these officials varies
from time to time and place to place. One justice may have

The Fee System as a Social Force.

217

regular daily sessions, while another is scarcely ever called upon
to act. All cannot be paid salaries, as it would entail enormous
expense to the public; and apparently such a system would be
unjust to the magistrate who is called upon to act often. To
the casual observer it would seem, therefore, as though some
well-devised scale of fees would be the only just and fair method
of remuneration. But a closer investigation will reveal the fact,
that other things must be taken into consideration besides the
interests of the justice of the peace, and the economy of public
money. There is such a thing as a "penny wise and pound
foolish ’’ policy in public, as well as in private economics.

Perhaps no single influence has done more injury through the
American courts than the fee system in its effects on the Jus¬
tice of the Peace. The men who occupy this position are not
as a rule of such a character that they can stand by and uncon¬
cernedly see all cases, and in consequence all fees connected
with them, go to the rival or neighboring justice. As a rule
they are not men of means, and a fee more or less is of great
importance. What is the result? The result is that the decis¬
ion of a justice of the peace is almost certain to be a discrimi¬
nation in favor of the plaintiff. Why? Because it is the plaint¬
iff who begins the suit, and he or his lawyer has the option of
bringing the case in Justice A’s or Justice B’s or any other
court. If he brings it into Justice A’s court, it means a cer¬
tain number of fees for him, and he must therefore show his
gratitude by rendering his judgment for the plaintiff. But sup¬
pose the justice has the moral courage to decide the case on its
merits, and that as a result his decision is in favor of the de¬
fendant. The consequence is that Justice A will receive no
more patronage from that lawyer or plaintiff. All the cases,
and hence all the fees which he might have had, are therefore
transferred to Justice B who is more grateful.

These cases are not pure assumptions. They are actual facts
which are known and utilized every day by lawyers throughout
the land. The many upright and conscientious justices, whose
characters are above reproach, are prevented from exerting even
the average amount of influence by the vicious system, which
from its very nature drives the business into the courts of these

218 Urdahl — The Present Fee System in the United States.

disreputable wretches who are willing to barter their judgment
for a paltry fee. The system becomes in its essence, in many
cases, a legalized method of bribery. The whole administration
of justice is perverted in that large class of cases in which the
humbler classes of the community are most likely to be affected.
Such a system would not be tolerated in the higher courts, while
here it is continued year after year without protest, because
the cases affected as a rule are petty and insignificant in regard
to the amount involved.

In many Eastern cities the mayor and aldermen exercise the
function and receive the fees of magistrates. These, as a rule,
have been as much influenced by the desire to obtain fees as any
other justices; nor has their judicial function tended to take
away the stigma usually attached to the very name of Aider-
man. One of the methods of reform proposed is to abolish en¬
tirely the office of justice of the peace and turn over the duties
to salaried police courts.1

D. FEES OF THE DISTRICT ATTORNEY AND THE ADMINISTRATION OF

JUSTICE.

One of the relics of barbarism which exists in some states or,
perhaps more accurately, one of the barbarous inventions of this
nineteenth century, is the system of paying district or state
attorney’s fees varying in amount according to the number and
character of the convictions secured. This method is not based
on the experience of any state, but is like so many other un¬
practical schemes which are adopted and applied in many
Western commonwealths. To be sure, there have been laws in
some of the original states which are somewhat similar and
may be called antecedents of these. But the differences are
broad and far-reaching. A Connecticut statute of 1796 2 pro¬
vided that the state attorney should receive fees roughly pro¬
portioned to the nature of the trial.3 For prosecuting a trial
for a capital offence he secured $14, for any other criminal case
$9, and for any civil case $3.34. This, however, is widely

1 Altgeld, Lire Questions.

2 Statutes , p. 181.

3 An early law of Delaware gave the attorney general $10 for the prose¬
cution of a capital offence and $2.40 for drawing an indictment, etc.

The Fee System as a Social Force.

219

different from the system now in force in California,1 which
pays the attorney $50 for every conviction he secures for a
capital offence, $25 for each conviction of felony, and $15 for
misdemeanor; and, with the object apparently of especially
punishing gambling, the same premium is placed on conviction
under the act prohibiting gaming as for a capital offence.

In Arkansas2 the prosecuting attorney receives $75 for a con¬
viction of a capital offence, $35 for securing conviction for
homicide, $25 for felony, $25 for gambling, and $10 for each
misdemeanor. In Tennessee3 the district attorney receives $50
for each conviction of violation of the anti-trust law; while
for obtaining a conviction for murder or wearing “bowie-knife”
or violating the law against conspiracies, the fee is $25; for a
conviction of perjury $15; felony $10; and misdemeanor $5.
In Nevada4 the fees are relatively the same but five times as
large. In Oregon5 there is another departure. Here the attor¬
ney receives certain fixed fees for convictions, and in case the
trial results in acquittal he receives only half the amount.6

There are therefore at least three distinct methods in force.
First, the old system of granting the district attorney a fee
varying in amount according to the nature of the offense for
which prosecution is undertaken. Second, paying the attorney
for his services by fees graded according to the enormity of the
crime or the desirability of having the offense punished; paying
however, not for prosecuting the case, but for securing the
conviction. Third, rewarding the attorney with a much larger
fee in case he secures conviction than when the trial results in
acquittal.7

1 Deering’s Code , IV., Sec. 77, p. 540.

2 Laws, 1894, par. 3304.

3 Laws , 1895, Ch. 4, §5.

4 Laws, 1861, 173.

5 Laws, 1878, Art. 21, Sec. 2.

6 Other examples are as follows: In Florida, — for conviction of murder
in first degree $30, in second degree $10; any felony $5; carrying concealed
weapons $10. Laws, 1885, Ch. 3620, par. 2; 1877, Ch. 3000, Sec. 1. In
New Mex., — for conviction of murder in first degree $20; second degree
$15; any felony $5.

7 For conviction $25; for acquittal $12.50.— Laws, Wyoming, 1862, p. 314.

'220 TJrdaJd — The Present Fee System in the United States.

All of these methods are fundamentally wrong, and based on
theory which cannot be supported either by facts or by argu¬
ments. It is supposed to increase the efficiency of the attorney
by offering him a pecuniary inducement to undertake and pros¬
ecute cases. But is there not every legitimate incentive to an
attorney to do his work well, even when he is paid by salary?
His reputation as a lawyer is at stake, the esteem and good will
of his constituents impel him to prosecute every legitimate case.
His success as a lawyer after his term of office expires, will de¬
pend largely on the way in which he performs his duties of office.
He can gain nothing by letting crime go unpunished, and he
has everything to lose.

But suppose the man is of such a character that the paltry
fee will stimulate him to action. If it is only the money he is
after, what is to prevent him from accepting a higher reward
from the criminal for not prosecuting than the state offers for
conviction? What is to prevent him from “drumming up”
business by beginning suits wherever there is the slighest
chance of winning.

It is held to be economical, because the attorney, it is thought,
would not begin cases unless he supposed he could win; and if
he is a poor attorney, he would not win his cases, and as a re¬
sult it would cost the county and state little or nothing. But
this economy is apparent, not real. The attorney’s fee is by
far the smallest item to the state in the cost of the trial; all the
•other expenses will have to be borne, even if the suit results in
acquittal. These other expenses are likely to be increased many
fold, because of the fact that the attorney is only striving for
conviction. Witnesses and jurymen will be summoned regard¬
less of cost to the public and regardless of the triviality of the
offense. There are few cases so doutful that there is no chance
of winning, and to win means subsistence to the attorney. What
is to hinder him from beginning proceedings wherever there is
a chance to win? What is prevent him from summoning a jury
and a crowd of witnesses wherever there is opportunity for liti¬
gation? He has notniug to lose but his time; the state foots
the bill for the rest. There are always plenty of people who
will act as complaining witnesses, providing the district attor-

The Fee System as a Social Force.

221

ney will prosecute the case at public expense. There will be
numerous instances where suits will be instituted simply be¬
cause of the spite which one neighbor bears another. If the at¬
torney is paid fees, he will be eager to undertake any and all
of these cases which the people offer to furnish evidence for.

From the standpoint of public welfare the position of the dis¬
trict attorney is an exceedingly important office. Next to that
of the judge, it is the most important in our judicial system,
and in some cases he even assumes some of the latter’s duties.
The attorney must, in fact, perform many of the functions of
the higher magistrate, especially in weighing evidence, and ex¬
amining witnesses, to determine whether a process should be
begun or not. In order to perform his duties properly, he should
approach each case with an unbiased and unprejudiced mind,
aiming only to secure the prevalence of justice. But how can a
man be unprejudiced before whose face there is always shaken a
reward for securing conviction, and a penalty in the form of
unremunerated work, in the case of acquittal? We must take
men as they are. Lawyers are human just as well as politicians.
They cannot help being influenced, to some extent at least, by
conditions which affect the well being of themselves and their
families. There is many a case in which the district attorney
himself is very much in doubt as to whether the accused is inno¬
cent or guilty. 1 If the prisoner is poor and has inexperienced
counsel, the chances are that the abler lawyer will get the ver¬
dict. Such cases are by no means rare, in which the excessive
zeal of an attorney for his fee can secure the conviction of one
who is innocent.2

An innocent man may suffer punishment and serve his time in
the penitentiary, and the world is no wiser. He, however,
becomes a different man. He looks upon the state as his enemy,,
and is more than likely to become the real criminal he was sus-

1 From testimony of many who are or have been district attorneys.

2 Of early legislation of the same tenor as these laws, may be mentioned
the “Fugitive slave law,” passed Sept. 12, 1850. — See Congressional
Globe. One of the provisions of this act, against which a great outcry
was raised in the North, was that marshals or justices securing the con¬
viction of a negro as a runaway, should receive $10; while if acquittal was.
the result, the court fee should only be $5.

222 Urdahl — The Present Fee System in the United States.

pected of being. It must always be borne in mind that it is
usually the poor, the unfortunate, and the less favored mem¬
bers of society that are likely to be exposed to unjust prosecu¬
tion. The rich and strong are able to protect themselves, and
can usually secure remuneration for their trouble. Nor is this
all. The fee-paid district attorney is directly interested in hav¬
ing no criminal plead guilty without a trial. He will usually
see to it that no prisoner pleads guilty at the outset. Thus a
great many cases that might be disposed of without trouble or
cost, result in expense and needless trials.

Taken altogether, it is not too much to say that the whole
system is vicious. It is not economical, in fact it is quite the
opposite. It is not likely to make the attorney any more effi¬
cient, except in “ drumming up ” cases for petty or trivial of¬
fenses. It will not lead to the punishment of more actual crimi¬
nals, while it may lead to the unjust punishment of innocent
persons against whom some malicious individual bears a grudge.
Finally, it tends to degrade one of the most important positions
in the American courts into a pettifogger’s office, to be run for
gain.

E. THE RELATION OF THE FEE-SYSTEM TO THE DIVORCE PROBLEM.

It might appear to a careless observer that the connection
between the fee-system and the number of divorces is very
slight. But a careful examination will disclose the fact, that
certain allowances in the nature of fees are indirectly responsi¬
ble for a large proportion of the hasty and uncalled-for divorces
granted in many states. Our divorce laws have in most states
been framed so as to be favorable to the wife as against the
husband. In the eye of the law she is the weaker, and is more
likely to require the strong arm of the state to free her from
bonds too onerous to be endured. A great many states have
therefore provided that she shall be entitled to court money
from her husband as soon as she files her application, and
usually she is given alimony if the divorce is granted.

The purpose of the court money is to enable her to engage an
attorney to plead her case, and it is usually paid to the lawyer
as his fee. In amount it is just about large enough to make the

The Fee System as a Social Force.

223

procuring of divorces a lucrative practice to second-rate attor¬
neys. What is the result? A large number of lawyers are
anxious to prosecute divorces, and stand ready to undertake a
prosecution as soon as any woman has told her tale of woe.
Divorce agencies are established in large cities which advertise
that they can guarantee a divorce in so and so many months. The
wife deposits nothing, pays for nothing; they take their pay out of
the court money collected from the husband. Is it to be wondered
at that the number of divorces increases so very rapidly? As a re¬
sult of a little family quarrel the wife in a fit of anger resolves
that she can not and will not endure it, so she rushes to a law¬
yer who immediately institutes proceedings; which of itself does
not tend to conciliate either party. A divorce results not
from any actual cruelty or oppression, but from some little mis¬
understanding, some little domestic storm which would have
blown over but for the existence of the court money to tempt a
divorce lawyer. If the attorney would always sacrifice his own
gain for the welfare of the parties, and advise them to delay
and yield differences, all might be well. But human nature
cannot be changed; it must be guided so as to serve for the wel¬
fare of society instead of against it. Take away, if possible,
each incentive which impels people to act contrary to social
welfare, and replace it with another which will utilize selfish¬
ness in the interests of society. There can be no doubt but
that the granting of court money and the consequent ease with
which divorces can be obtained, is responsible for the breaking
up of hundreds of homes which had not outlived their useful¬
ness, homes which, after the little unpleasantness was forgot¬
ten, might have been real hearthstones in the true sense of the
word.

But, it is urged, court money is absolutely essential to secure
the proper protection of woman against oppression. If no court
money were granted, she would not be able to secure counsel,
and would be absolutely at the mercy of her tyrant husband,
who is usually pictured as a drunken brute who misuses and
abuses his wife in every possible way. This is by no means a
typical case. As a rule, it is people in prosperous circum¬
stances who are applicants for divorce, and the wife would us-

224 Urdahl — The Present Fee System in the United States.

ually have little trouble in securing enough money to pay a.
lawyer’s fee. On the other hand, the court money would be no
benefit to the really misused wife of a poor drunkard, as the
husband would have nothing from which the court could collect
the fee.

If it is necessary to assist the wife in any particular way,
then give her the alimony and not a lawyer’s fee, which inures
to the benefit of the attorney. If we examine divorce statistics
for the last twenty years, we find a very marked increase in the
number from year to year, and a very marked increase in the
number granted for apparently trivial causes. There must be
some reason for this. People are not naturally more quarrel¬
some and overbearing toward each other now than formerly. It
is asserted by those who have studied this question that the
number of divorces increases in the proportion that the means
of obtaining them are facilitated. If this is true, it must be
evident to any observer that, after due weight has been given
to other causes, there is at least some relation between the sys¬
tem of court money and the divorce problem of to-day.

F. THE FEE-SYSTEM AND POLITICAL CORRUPTION.

Very few people are so ignorant of politics as not to have
heard, from rumor at least, of public offices the emoluments of
which are so great as to enrich the occupant in a single year.
No public office in the gift of the people is of such importance
as to yield a regular legal salary of $100,000, even though it
required the highest grade of ability which the country can
furnish. This amount has been received more than once, how¬
ever, by officers whose duties and abilities were of a compara¬
tively low order. The position of sheriff in a densely populated
county, or that of recorder or collector, are offices which do not
require a very high grade of attainments ; and yet these purely
clerical officers have often been paid a higher salary than the
President of the United States.1 Some of these are reported to

1 The legislative commission investigating state expenses in Connecticut
makes public the statement that for the year ending July 1, 1897, the
clerk of the superior court of New Haven county received $9,690 in fees,
over all expenses of office including assistant clerks. Senator Converse

The Fee System as a Social Force.

225

yield fabulous sums; * 1 yet no actual facts can be ascertained as
to the real value of such offices, as they are usually kept a close
secret among a favored few of the leading politicians of either
party. Very often no account of the receipts of office is re¬
quired by law; hence none is given.

These positions are usually the goal of the ambition of every
politician. There is, therefore, the most intense competition,
not only within the political parties for obtaining the nomina¬
tions, but among the people to secure election when once nomi¬
nated. These lucrative offices furnish the life-blood of the
spoils-system and the political machine. The manipulators of
the machine, knowing the value of such an office, can levy higher
assessments for the corruption fund the greater the amount re¬
ceived from the office. Especially is this the case where a polit¬
ical party practically controls the election. It does not require
any great power of observation to see that in all local or state
elections, the heaviest pressure is, as a rule, brought to bear
on those particular offices in which the remuneration is wholly
or partly paid in fees or other perquisites. It is the office of
county sheriff in most places which is the center of the political
whirlpool. In many Eastern cities the office of prothonotary,
clerk of court, or recorder is the most powerful incentive to
political activity.2 The political forces which are set in motion
to obtain these lucrative positions, are almost incredible in

estimates the net annual returns of the office to be $9,800, which is almost
double the pay of the chief justice of the state and about two and one-half
times the pay of the judge of the court in which the above named clerk
belongs. — New York Evening Post , Feb. 15, 1898.

1 The income of the city clerk of Chicago asserted to be $49,000 for two
years.-— Chicago Times-Herald , Jan. 16, 1896, p. 1. The Chicago re¬
corder’s income was estimated by an investigating committee to have been
nearly $9,000 for six months.— Ibid., Dec. 7, 1896, p. 7. The position of
county sheriff in many counties in Wisconsin is said to yield as much as
$20,000 a year. Many county clerks earn over $5,000 a year in fees.
Newspaper reports are current that the collector of taxes under Governor
Warmouth at New Orleans received as fees not less than $100,000 a year
for four years.

2 A prominent New York attorney has furnished the following estimates
which are said to be conservative: The position of sheriff of New York

county used to yield $125,000; at present it yields about $25,000. The
15

226 UrdaJil — The Present Fee System in the United States .

power and magnitude. Each candidate has a whole army of
henchmen in the field, each of these demanding pay either by
some position or by money. How is all this possible? Most of
these positions have no great amount of honor connected with
them or even of influence, except so far as the subordinate ap¬
pointments are concerned. The mainspring which furnishes the
power for all this political machinery, lies in the amount of
salary which the fees yield to the officer. He can afford to
spend $50,000 in money and a year or two of his time, to obtain
an office that will yield $100,000 a year in revenue.* 1 A man
can afford to contribute liberally to the party fund who can
realize such a sum if his party succeeds.2 3 Political office is not
the greatest incentive or stimulus which he has. More is at
stake. The candidate has usually invested his entire fortune on
the issue, often also as much as he can borrow from his friends. *
Is it any wonder that he strains every nerve to win? Is it sur¬
prising that no stone is left unturned which will aid his elec¬
tion? Success means not only a position for a year or two, but
it means comparative wealth and prosperity affecting his entire
career, and opens the door to future advancement. It is almost
in the nature of a wager in which everything is at stake. Un¬
der such conditions more or less corruption is inevitable; and
the worst of it is, that the people themselves pay the fees which
constitute the corruption fund. The history of any of our large
cities will furnish numerous examples, and there is scarcely a,
county in the older states in which the same spectacle has not
been witnessed over and over again.4

position of county clerk in New York city used to yield from $80,000 to
$100,000; at present it is considered to be worth $25,000. The office of
register of deeds is at present worth about $20,000.

1 Several New York and Philadelphia fee-paid positions were for many
years said to yield from $50,000 to $100,000 a year. — Estimates by reliable
men.

2 Conservative estimates by citizens of Minneapolis, for several counties
in Minnesota, disclose the fact that over one-half of the salary of the sher¬
iff must be spent to obtain election.

3 Cases are not rare where the candidate mortgages his home and prop¬
erty to raise campaign funds.

4 In New York and other states where a partial reform of the fee-system

The Fee System as a Social Force.

227

That many of these fee-paid offices yield more than legitimate
salaries can not be questioned. How much more, no one knows.
These high rewards do not, however, attract better and more ef¬
ficient men. In fact the opposite is very often the case. The
man who can obtain such a position must be a politician, the
more unscrupulous and skilful the more likely is he to obtain it.
None but a politician who has had experience in manipulating
the machine and knows how far corruption money will go, would
dare to take the enormous chances of losing which are involved;
and when he is elected, we do not have an efficient official but
a man who is primarily interested in obtaining as much gain as
possible out of what he regards as a legitimate enterprise. The
high rewards, therefore, instead of drawing men of ability into
office, tend rather to repel them, and to attract the most unde¬
sirable class of office holders, namely, those most skilled in cor¬
rupting voters; and the enormous fees collected by them must
be used, in part at least, as a corruption fund to secure the
coveted position. But suppose the money is not used as an act¬
ual corruption fund, we find another state of affairs which is al¬
most as bad. The aspirant for the office announces himself a
candidate almost a year before the election, sometimes much
earlier, and then spends all his time, and often employs his friends
also, to secure delegations instructed for him from the various
primaries. When at last he succeeds in becoming the nominee
of his party, only half the battle is won. He must now spend
all the rest of his time in campaigning so as to secure votes
enough to elect. There is, therefore, a double opportunity for
using corruption methods.

An official who has obtained his position by using more or less
questionable means, is not going to turn over a new leaf and
become a model of honesty as soon as he gets into office. Over¬
charges, favoritism, and frauds of various kinds, are extremely
likely to be the order of the day.* 1 Reports of investigation

has been introduced, the testimony of men in position to know the facts
is, that the campaign expenses and the intensity of the political struggle
for office have been reduced by one-half after the new system was put in
operation.

1 j Reports of the Investigating Committee of the city recorder’s office of
Chicago. — Chicago Times-Herald, Dec. 23, 1896, p. 1; also other papers.

228 Urdahl — The Present Fee System in the United States.

committees in the large towns illustrate this very well, while
much of the fraud in the office is so easily and skillfully con¬
cealed that it is never found out. This is accomplished all the
more easily where no account of any kind is required of the fees
of office received by an official.

But the tendency has been to demand an account from every
officer who collects fees, and to fix a maximum limit to the
amount which may be kept as salary over and above office ex¬
penses. This, however, offers a loop-hole for almost as much
corruption as the old system. The official appoints his clerks,
and, as a rule, is responsible to no one for their number and
character. He employs several times the number of clerks
actually needed to do the work, some of them holding several
positions in as many distinct capacities, in order to draw double
or quadruple salary. Sometimes the officer himself holds sev¬
eral minor positions besides his regular office. In other words,
the provision allowing an official to pay his office expenses out
of the fees collected, furnishes an opportunity for enormous
frauds. The office expenses often more than swallow up all the
fees collected.

The only remedy is to enforce the most rigid system of ac¬
countability, so that every fee collected is paid into the treas¬
ury. It is bad business management to allow an official to pay
and appoint his own clerks. No private enterprise could exist
for any length of time which employed such methods. A pri¬
vate establishment always pays its subordinates from the gen¬
eral treasury, and keeps a sharp watch over their salaries and
efficiency. The same economy must be applied to public affairs
if they are to be well administered. All the corruption is not,
as a rule, caused by bad legislation; the laws creating the var¬
ious offices and making provisions for their emoluments, were
legitimate and proper at the time when they were enacted. But
most of them were enacted very early in the history of the
country, and few, if any, radical changes have been made in
them. But they have simply outlived their period of useful¬
ness. Economic conditions have changed, while the laws have
not been changed to fit them. The fee-bill which would yield
barely enough revenue to support the sheriff of New York in

The Fee System as a Social Force.

229

1840, would, if .in force in 1890, produce a fortune in a single
year. Why ? Simply because the business of the office has in¬
creased enormously on account of the growth of population.
Furthermore, the work can be done at a much lower cost. It is
like production on a large scale, in that economies of various
kinds can be practiced.

The question immediately arises : Why have the legislatures
so often failed to adjust law to economic conditions in this par¬
ticular more than in others? The answer is evident. Which¬
ever political party happens to be in power is directly inter¬
ested in having as many lucrative offices to confer as possible.
A party is not likely to diminish the emoluments of an office
when, by so doing, it diminishes to just that extent the patron¬
age which it has to confer. Especially is this the case where
no pressure in that direction is brought to bear upon the legis¬
lative body. There is likely to be no pressure of this kind for
the diminution of the fees of an office or a change in the system,
because no body of individuals, as a class, is likely to be espe¬
cially affected or feel the burden of the system. The fees are
paid intermittently, now by one person and now by another;
while the great majority of people rarely have any fees to pay
at all. There has thus never arisen any popular demand for the
publication of the amount of fees collected or for their reduction.
As a result, we find that it is only at this late day that the
same requirements are beginning to be made in regard to fees
as were introduced in regard to taxes one hundred years ago;
namely, that their amount should be made public, and that all
fees collected should be accounted for. This lack of knowledge
of the number of fees collected has tended still further to dis¬
courage any agitation for their reduction. But whenever a
movement of this kind is started, then all the fee-collecting
officers, with all the political influence which they can command,
stand ready to work against it.1 It is not strange, therefore,

1 A bill to abolish some minor sheriffs’ fees in the Wisconsin Legislature
in 1896 was defeated through the lobbying of the sheriffs and their friends.
Numerous similar bills have met the same fate. It is a notorious fact,
well known to all who are familiar with New York politics, that the recent

230 Urdahl — The Present Fee System in the United States.

when everything is taken into consideration, that primitive
laws have so long remained in force, and that they are even
now with difficulty being displaced by more modern and suitable
enactments. The movement seems to be in progress which ap¬
pears destined to place every fee-paid public officer on a salary
or what is equivalent to the same. This, together with civil
service reform, will ultimately remove the greater part of the
political corruption connected with purely administrative
offices. But from the very nature of American conditions, the
movement must be slow and gradual.

A sudden change from fees to salaries will not do away with
all the corruption at once. When the change is made, the sal¬
aries are at times likely to be left so high as to become almost
as great an incentive to corruption as when the office was paid
by fees.* 1 Oftentimes, too, some flaw or inaccuracy in a law
offers an opportunity for obtaining extras, of which the official
is not slow to avail himself. All the reforms of the evils con¬
nected with the fee-system can be most easily accomplished through
legislation. It is the legislator’s duty to provide laws which
make the environment of the official such that honesty will be
the best policy, laws which will take away the incentive to cor¬
ruption and make it more profitable to do right than to do wrong.
Such laws cannot be struck off at any fixed time by the hand
and brain of man.

A careful study of the conditions and question involved,
utilization of the results of legislative experiments in other
states, and a gradual improvement of the parts wherein a law is
found defective, are the elements required to accomplish such a
task.

Madison , Wis. , July, 1898.

amendment to the New York fee code failed to pass because of the opposi¬
tion of sheriffs and other fee-paid officials, whose salaries would have been
affected thereby.

1 Many of the salaries of county officers in Pennsylvania range from $8,000
to $15,000.

Statistics.

231

Table I. — License, Examination, and Inspection Fees in the United
States. (Compiled from state statutes.)

* According to size of the city ; f according to amount of sales ; $ according to amount
of capital employed ; a, each performance; b, per quarter; c, according to seating
capacity ; R, regulated by municipalities.

License Fees.

Mar¬

riage

Retail
liquor,
state .

Whole¬

sale

liquor,

state.

Whole¬

sale

liquor,

county

Retail

liquor,

county.

Beer.

Brew¬

ers.

Dis¬

tillers’.

Ped¬
dlers on
foot.

$1 50

$125—300f

$200

$32-75

$200

2 00

200

120— 500f

$40 — 160f

40 — 160f

$60

1 25

500

50

$100

2 00

60— 480f

60

1 50

R

R

1 00

250-450

200

1 to 100R

3 00

25

50

2 00

400

100

25

5

25

50

1 00

100—200

120

1 00

500

500

150

150

R

Indiana .

2 00

250—350

100

5—20$

Towa .

1 00

10

Kansas. .

1 00

Kentucky .

1 50

75

50

20

Louisan a .

75

5

M aina

1 00

50—75

Maryland .

1 00

18—150

100

Mssachusetts

M icbigan

50

300

500

200

500

15

Minnesota .

2 00

500—1000*

25—100

Mississippi ....

3 00

600— 120U*

Missouri

1 00

50—400*

500—800

6

Montana ... .

2 00

100—500*

90 — 600f

600

50

Nebraska .

1 50

500—1000*

30

Nevada .

2 00

120— 300t

NewHampshire

1 00

50

New Jersey....

100—250

30

New Mexico...

50

New York .

North Carolina

200

100

20

North Dakota.

1 00

15

Ohio .

75

R

72

Oregon .

1 00

ioo

10—200

Pennsylvania . .

1 00

300—1000*

300-1000*

50

8

Rhode Island . .

-1 00

200—400*

500—1000

10—200

South Carolina

75—175*

25

250

South Dakota.

1 00

80

Tennessee . .

1 00

150—200

200

5—150

Texas . .

1 50

150—200*

450

450

50

300

Utah . .

Vermont . . .

15

Virginia .

Washington . . .

2 00

io6^-i,66o

ioo

100

West Virginia.

1 00

100—350

iso

50

10—50

Wisconsin .

75

200

20

Wyoming .

2 00

150

10-100

232 TJrdahl — The Present Fee System in the United States .

Table I, continued. — License, Examination, and Inspection Fees in
the United States. (Compiled from state statutes.)

License Fees.

Ped¬

dlers

on

horse .

Ped¬

dlers

with

two

horses.

Pawn¬

brok¬

ers.

Ferry .

Auc¬

tion¬

eers.

Bil¬

liard

tables.

Shows.

Circus.

$50

$25

$50—100*

$120

120

8

25b

$50

$1-100

$20

100

$100

180

120

20

400— 600c

R

2R

1— 100R

R

50

100

10

100

100

100

15

50

50

10

25

5— 10a

240

200

120

60

3a

10

R

R

R

5—300

R

R

5—20

5—20

3—50

5—25

5— 25a

Tnwfl .

25

75

R

R

100

2

Kansas .

10—500

50

Kentucky .

40

50

100

30

20

50

Louisiana .

10

30

10

175 — 400c

30—500

Maine .

R

2

10

Maryland .

150

.200

50

30

30

Massachusetts .

2

2

2

Michigan .

40

75

R

R

R

Minnesota .

R

Mississippi .

Missouri .

20

40

1

10—75

20

M on t.ana .

80

120

200

5 — 400f

30

75b

250a

Nebraska .

2—500

Nevada .

400

20

75

20

Now Hampshire .

10

1— 300a

New Jersey .

37

50—150

R

10— 200a

500

New Mexico .

New York .

North Carolina .

North Dakota .

25

40

Ohio .

20

25

2—50

500

R

R

R

Oregon .

R

10—500

50

Pennsylvania .

16

25

30-100

50—500

Rhode Island .

South Carolina .

500

200

South Dakota .

Tennessee .

5—75

10—50

5—200

5-280

Texas .

Utah .

Vermont, .

30

1—150

300—1000

Virginia .

Washington .

1—100

25

25

West Virginia . .

100

5

75

50

Wisconsin .

30

50

100

Wyoming .

1-100

50

10—500

Statistics.

23a

Table I, continued. — License, Examination , and Inspection Fees in
the United States. (Compiled from state statutes.)

Examination Fee.

Medi¬

cine.

Phar¬

macy.

Den¬

tistry.

Teach¬

ers.

Engi¬

neer,

first

grade.

Engi¬

neer,

second

grade.

Pilots.

Attor¬

neys.

$5

$6

$1

$20

$10

Arizona . . .

25

$6

6

5

2

11

$50

Colorado . . .

7

10

$20

Connecticut .

12

5

25

10

5

1

io

10

Florida .

10

3

i

20

10

15

Idaho .

15

10

5

3

22

6K

3

l

R

R

25

5U

5

12

5

2

3

Kansas .

8

13

1

Kentucky .

2

51/*

5

1

Louisiana .

10

5

Maine. . . . . .

10

5

21

Maryland .

2.

Massachusetts .

2

Michigan .

5

10

1

i

15

Minnesota .

10

7

11

1

Mississippi .

10—25

5

10

Missouri .

1

4

1

20

Montana .

20

20

71/2

5

Nebraska .

5

7

10

25

Nevada . .

10

New Hampshire .

5

5

New Jersey .

26

25

D/a P ct

New Mexico . .

10

30

New York .

10

North Corolina .

10

5

10

N orth Dakota .

8

1

Ohio .

D

3

D

Oregon .

10

6

25

2 W

25

Pennsylvania .

15

5

Vz

Rhode Island . .

10

27

1 p ct

South Carolina .

10

10

15

5,

South Dakota .

5

1

Tennessee .

11

p

5

Texas .

15

5

5 ys

5

Utah .

Vermont .

5

5Vs

Virginia .

Washington .

West Virginia .

10

7

2

1

Wisconsin .

7

5

1

Wyoming .

25

2

.234 Urdahl — The Present Fee System in the United States .

Table I, continued. — License , Examination and Inspection Fees in
the United States. (Compiled from state statutes.)

Inspection Fees .

Oil.

Beef

and pork.

Fish.

Land

fertilizers.

Boilers,

steam¬

boats,

etc.

lc per gal.

25c per bbl.

$15

$10

5

R

20c bbl.

10

5

30

M to lc per gal.
K to lc per gal.

25

15

25

6-10

35c

2

10c per bbl.

R

Kansas .

Kant, rmlcy .

o

1

5

20

15

Louisiana .

5—7

5

15—30

Maine

7c

20

5

Maryland .

M a ssa r*.h n setts

5

Michigan. .

R

R

Minnesota .

16

R

R

3-10

Mississippi

15—40

Missouri .

Montana .

m

Nehraska .

Nevada .

10

New Hampshire .

12

.New Jersey .

20

New Mexico . .

New York .

10-40

N orth Carolina . .

North Dakota .

Ohio . . .

i5— 40

10

Oregon . . .

10

Pennsylvania .

8

Rhode Island. .

25

6

South Carolina .

$i per hr.

.South Dakota .

Tennessee .

10

50c

Texas .

25

Utah .

Vermont .

Virginia .

Washington . .

West Virginia .

Wisconsin . .

10

Wyoming .

Statistics.

235

Table II. — Showing Fees for Corporations , Banks, Insurance Com¬
panies, etc., in the United States.

Alabama .

Arizona .

Arkansas .

California .

Colorado .

Connecticut .

Delaware .

Florida .

Georgia .

Idaho .

Illinois .

Indiana .

Iowa .

Kansas . .

Kentucky .

Louisiana. . .

Maine .

Maryland . .

Massachusetts
Michigan .

Minnesota .

Mississippi .

Missouri . .

Montana .

Nebraska .

Nevada .

New Hampshire..

New Jersey .

New Mexico .

New York. .

North Carolina. . .

North Dakota .

Ohio .

Oregon . .

Pennsylvania .

Rhode Island .

South Carolina...
South Dakota....

Tennessee .

Texas .

Utah .

Vermont .

Virginia .

Washington .

West Virgiana....

Wisconsin .

Wyoming . . .

Filing
articles
of incor¬
poration.

25

80

10

100-5,000

30—50

100

50

12

25

25

10

55

30

10

30

1-20 pr ct
34 per ct

25

5

50

15

50

Filing
art’cles
of in¬
corpo¬
ration,
chari¬
table.

$2*4

534

Filing
articles
of incor¬
poration,
foreign .

Re¬

cord¬

ing

charter
l

$15

10

100-5.000
50

10-25

3

10

200

10

34 per ct

15

17—52

10

34 per ct

1

20c

134

10c

15c

134

Certi¬

ficates

(issue).

15c

Increase

of

stock.

$234

1-5 per ct
100-5,000

2 1-10 pr ct

1

30

20c

50c

1

50c

25c

734

'isc

20c

134

20c

15c

25

1

5

20c

25

1-20 pr ct

20

De¬

crease

of

stock.

$234

Certif¬
icate
not to
exceed
$10,000,

$10

10

10

1 c, cents per folio.

2 Per cent of stock.

236 Urdahl — The Present Fee System in the United States,

Table II, continued. — Showing Fees for Corporations , Bank , In¬
surance Companies , etc., in the United States.

Certifi¬
cate not
to exceed
$50,000.

Certifi-
catenot
to exceed
$100,000.

Certifi¬
cate not
to exceed
$250,000.

Certifi¬
cate not
to exceed
$500,000.

Certifi¬
cate not
to exceed
$1,000,000

Rail¬
road. i

Banking-

$25

$50

$75

$100

$200

$50—200

10

17%

40

77%

152%

100

$50

Illinois .

95

145

295

535

1,035

no

Ibid.

Ibid.

15

20

35

60

Kentucky .

Louisiana .

Maine .

50

100

Maryland .

300

Massachusetts .

Michigan .

Minnesota .

50

100

150

275

525

Mississippi .

Missouri .

50

100

150

275

525

M on ta n a .

Nebraska .

1 pr ct

% pr ct

Nevada .

New Hampshire

1-20 p ct

1-10 p ct

New Jersey .

25

50

100

200

New Mexico .

New York . .

25

North Carolina ....

50

1- 20 p ct

North Dakota .

50

100

150

275

525

Ohio .

50

100

250

500

1,000

Oregon .

Pennsylvania .

Rhode Island .

100

250

500

100

South Carolina ....

South Dakota ... .

Tennessee .

100

100

Texas .

25

50

100

200

100

Utah .

Vermont .

Virginia .

W ash i n gf,on .

2 pr ct.

West Virginia ......

Wisconsin. . .

Wyoming . .

i Ibid. ; same fee as for other corporations .

Statistics.

237

Table II, continued. — Showing Fees for Corporations , Banks , In¬
surance Companies , e£c., m the United States.

Tele¬

graph.

Ex¬

press.

Build¬
ing and
loan.

Filing
articles
of incor¬
poration,
—Insur¬
ance.

Fire.

Life.1

Mu¬

tual.

For¬

eign.

Annual

state¬

ment.3

$100

$25

$100

1 pr ct. of

prem. R

$50-200

15

3 pr ct.

$20

30*

20

$50

50

50

10

3 pr ct.

10 R

10

25

10

2 pet.

5

100

$100

7*4

50

$50

$50

50

50

1 /2
50

Ibid.

Ibid.

Ibid.

Ibid.

25

12

25

25

10

10

25

25

25

20 R

Kansas .

55

55

55

100

.01 p ct.
of risk.

50

Kentucky

30

30

30

10

25

Lmiisiana .

Maine . .

M a r y 1 a n rJ

300

300

30

200

25

Massachusetts . .

5

Michigan .

2 pr ct.

1 pr ct.

Mirvnnsot.a .

25

20

Mississippi .

3

5

M i ssrvn ri

30

Montana .

NAhrasta .

50

50

20

Navaria .

100

100

New Hampshire

50

50

50

50

25

15

Nfiw .FarsAy .

20

50

50

20

20

Naw Mattico. .

25

5

New York .

North Carolina.

1-50 p c.

North Dakota ..

Ohio . .

10

25

25

20

0 regon .

25

50

100

100

Pennsylvania . . .

25

Rhode Island . . .

50

20

20

South Carolina.

5—100

20

20

South Dakota ..

5

Tennessee. .

25

2

Texas .

100

25

20

Utah .

Vermont .

5

Virginia . .

Washington ....

10

2 pr ct.

5

West Virginia ..

10

10

25

10

Wisconsin .

50

50

100

30

Wyoming . _ _

50

100

i Per cent, of premiums. 2R, Retaliatory legislation.

288

Urdahl — The Fee System in the United States.

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Altgeld (J. P.). Inaugural Address, 1893. Springfield, Ill.

Altgela (J. P.). Live Questions: Our Penal Machinery and
its Victims. Chicago, 1886.

Ashley (William J.). Economic History of England. London,
1888-1893. 2 vols.

Bastable (C. P. ). Public Finance. London, 1892.

Besobrasoff (W.). Impots sur les Actes. Memoires de l’Aca-
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Black (J. W.). Maryland’s Attitude in the Struggle for Canada.
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Block (Maurice). Dictionnaire de L’Adminstration Fran^aise.
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Boeckh (A.) Public Economy of Athens. London, 1842. 2d ed.

Boone (R. G.). Education in the United States: Its History
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Bruce (Philip A.). Economic History of Virginia in the Seven¬
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Buxton (Sidney C.). Finance and Politics, 1783-1885. Lon¬
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Cheruel (A.). Dictionaire Historique des Institutions. Paris,
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Werner (Edgar A.). Civil List and Constitutional History of
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Clamageran (Jean J.). Histoire de l’lmpot en France. Paris,
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Cohn (Gustav). System der Finanzwissenschaft. Stuttgart,
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Constitutions, Colonial Charters, and Other Organic Laws of the
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Consular Reports, 1895. Vagrancy and Public Charities in
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Cooley (Thomas M.). Treatise on the Constitutional Limita¬
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Dinwiddie (Robert). Official Records, 2 vols. (In the Vir¬
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Hall (Hubert). History of the Customs Revenue in England
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New Plymouth; Compact with Charter and Laws. Compiled by
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Parien (Esquiron de). Traite des Impots. Paris, 1888. 4 vols.,
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Pennsylvania Archives. (Selected and arranged by Samuel
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Pfeiffer (Edward). Die Staatseinnahmen. Stuttgart and Leip¬
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Rau (K. H.) Grundsatze der Finanzwissenschaft. 1864, 5th
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Reports of secretaries of state, state auditors, state comptrollers,
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Rhodes (J. F.). History of the United States from the Com¬
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Roscher (Wilhelm). System der Finanzwissenschaft. Stutt¬
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Rosewater (Victor). Special Assessments; a Study in Munici¬
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THE FEE SYSTEM IN THE UNITED STATES.

TABLE OF CONTENTS.

PART I. HISTORICAL REVIEW.

CHAPTER I. — Theory of Fees. page.

Definitions and Interpretation by Writers on Finance. — All
shades of opinion; from Bastable who denies the existence
of fees as a separate category, to Schaeffle who would in¬
clude many taxes under this heading. — Points of similarity. 49

A. Benefit , or Service , as a Factor in Public Payments. —

Benefit at first the controlling factor in all public charges. —
Doctrine of equivalents applied in the United States to but
two classes of revenues: 1. Special assessments; 2. Fees.. 54

B. Fees Distinguished from Taxes. — Relation of fees to the

cost of services rendered. — A fee is a counter-payment
for a service or privilege. — It becomes a tax when it exceeds
the value of the service or benefit conferred . 54

C. License Fees. — Nature of license charges. — Incidence of

license charges. — High liquor licenses not necessarily taxes. 57

D. License Fees Distinguished from Special Taxes . 59

E . Fees Distinguished from Special Assessments. — Simi¬

larities and Differences. — Professor Neumann’s contention
regarding fees. — Ihe practical distinction between fees and
taxes . 60

F. Public Purpose in Fees. — Justification of fees. — Public

welfare and the institution which yields the service. — Con¬
siderations which should govern the imposition of fee-pay¬
ments. — Tendency of institutions to pass through the fee¬
collecting stage and become free public agencies . 62

G. Method of Collecting Fees. — Directly through public offi¬

cials. — Indirectly by means of stamps . 65

244

XJrdalil — The Fee System in the United States.

CHAPTER II.— General Survey of the Fee System in An¬
cient and Mediaeval Europe. page.

Importance of European fee systems to a study of the fee system in

the United States . 67

A. Greecq. — Court fees: prytania, epobilia , par astasia,

paraetabole. — Port and harbor fees. — Warehouse and
wharfage fees. — Market fees . 67

B. Rome. — Fees developed late. — Causes. — Temple fees and

court fees, the earliest. — Sacrementa. — Municipal and ad¬
ministrative fees. — Fees for market privileges. — Tributes. —
License fees.— State postal service . 69

C. Period of Charlemagne. — Development of toll system. —

Market fees. — Schutzgeld. — Fees from Jews. — Court
fees. — The Missi , or representatives of Charlemagne, their
fees and privileges. — Origin of clerks of court and recorders’
fees. — Fees for the use of harbors, dykes, rivers, and roads. 71

D. The Transition from Mediaeval to Modern European

Fees. — Result of the disintegration of Charlemagne’s em¬
pire. — Development of the regalia of temporal sovereigns. —

Fees from foreigners: for use of scales, for permits, pass¬
ports, privileges, etc. — Court fees. — Fees collected by medi¬
aeval guilds. — Significance. — Church fees, their develop¬
ment. — Fees for burials, masses, baptisms, church rituals
etc.— Fees of the Holy See . 73

CHAPTER III. — Some Typical English Fees; Their Origin
and Development.

A. Liquor License Fee. — Ale-houses regulated first. — Fee for
registration of license. — Gradual increase in amount. — New

methods of gauging the license fees. — Evolution of tavern
license fees . 77

B. Peddlers' License Fees. — Same changes as in liquor license

fees.— Highest peddler’s license charges, imposed by Pitt. . 79

C. Hackney Coach Licenses. — Origin of fee.— Increase in

amount.— New standards of measurement . 80

D. Other Licenses and Fees. — Dog license, cause of its intro¬

duction. — Game licenses. — Fees for use of harbors, light¬
houses, bridges, etc . 80

E. English Court , or Administration , Fees. — Fees gauged

by the length of the legal instrument. — Fee system ex¬
tended. — Relation of court fees to administration of justice
in England . 81

F. Conclusion . 82

Table of Contents.

245

CHAPTER IV. — The French Fee System.

Special Significance of the French fee system. page.

A. Droits d' Enregistrement. — History of registration fees. —

Origin. — Purpose. — Extortions practiced. — Modern fixed
and proportional registration fees. — Revenue derived from
this source. — Fees for state seal . 83

B. French License Fees. — Origin. — Purposes. — Occupations li¬

censed. — Fee; how gauged . 86

C. Droits de Visite. Drogue Ct Epice.— Inspection of drug

stores and spice shops. — Fees for same. — Legislation in
force at present . 89

D. Inspection of Mineral Waters . . 89

E. Verification of Weights and Measures. — Significance. —

System of inspection fees . . 90

F. Droits de Garantie. — Compulsory assay of precious

metals. — Fees for same. — How measured . 90

G. Postal Fees. — History. — Changes in the tariff of fees. — Re¬

lation to the amount of revenue obtained. — Post office as an
instrument of taxation . 90

H. School Fees. — University fees. — Examination fees.— Other

fees . 92

I. Peages. — History of road and water tolls. — Extortions. —

* Abolition. — Modern equivalents . . . 92

J. Patent Fees. — Origin. — Development. — Justification.— Re¬

ceipts . . . 93

K. Droits de Voirie. — Importance of fees for permits to erect

structures in highways, water courses, etc . 94

L. Permis de Chasse. — Administrative machinery of the state

and revenue from fees . 94

CHAPTER V.— Fees in the American Colonies.

Colonial Fees at first the same as those in England. — Con¬
sequences.^ — Fees and perquisities of governors. — The
amounts collected for land patents. — Illegal fees collec¬
ted. — Laws against the same. — Fee-collecting offices farmed t

out. — Results . . 96

A. Survival of the Idea of Regalia , or Royal Preroga¬
tives.— Distinction between colonial and later marriage li¬
censes . . 99

Other License Fees in the nature of Regalia . . . 99

246

Urdahl — The Fee System in the United States.

CHAPTER V. — continued. page.

B. Colonial License Fees. — Evolution of license legislation. —

Indian traders, tanners, peddlers, etc. — Evolution of liquor
license fee in Massachusetts. — Methods of gauging the
fee. — Licenses in other colonies . 101

C. Colonial Regulation of Fees. — Regulation of ferries, toll-

bridges, toll-roads. — One great reform: Compulsory publi¬
cation of fee bill. — Surveyors’ fees very important. — Their
regulation by law. — Attorneys’ fees subject to legislative
enactment . 108

D. Church and School Fees in the Colonies. — Church and

state not completely separated. — Church fees for political
as well as ecclesiastical duties. — Colonial schools supported
in the same way. — Fees and higher educational institutions. 110

E. Colonial Inspection Fees. — Causes, origin, and development

of inspection legislation. — Purpose of the inspection. — To¬
bacco in the South. — Beef and pork in New York. — Pot and
pearl-ashes in all the colonies, etc. — Significance of the fees. 113

F. Miscellaneous Fees. — Pilot fees. — Harbor fees. — Assessors. —

Tax collectors . 116

G. Colonial Fees and Political Liberty. — English stamp

taxes, levied under the guise of fees. — Struggles with colo¬
nial governors over fees of office. — Significance . 118

H. General Characteristics of the Fee System in the Colo¬

nies . 121

CHAPTER VI.— Fees in the Early Commonwealths (1787 to
1830).

A. General Tendencies. — State intervention and regulation by

means of special laws. — No uniformity in the system of the
several states or of the Federal government . 122

B. Some Neiv License Fees. — Lotteries, peddlers, billiard tables,

theaters, and others . 123

C. Differentiation in Administrative Machinery . — Its influ¬

ence on the fee system. — Division of labor in public offices. 124

D. Relative Importance of Some of the Early Fees.— Fence

viewers’ fees, poundage fees, etc . 126

E. Inspection Fees. — Inspection of exports: provisions, grain,

lumber, bark, pitch, turpentine, lumber, spirits, etc.— In¬
spection of weights and measures. — General purpose of in¬
spection laws . 126

Table of Contents.

247

CHAPTER VI.— continued. page.

F. Regulation by Means of Licenses.— Attorneys’ fees on ad¬

mission to the bar. — Physicians’ licenses. — ’Licenses to auc¬
tioneers, pawnbrokers, retailers, victuallers, innkeepers,
etc. — Amounts collected.— American liquor licenses, an
American development . 128

G. Road Tolls , etc. — Era of road, bridge, and canal building. —

Regulation of tolls.— Result. — Ferry, bridge, and road

licenses or franchises for which fees are charged . 130

II. Tonnage Duties in the Nature of Fees . 132

CHAPTER VII.— The Middle Period (1830 to 1865).

A. General Considerations. — Industrial revolution in the New

World. — Result. — Growth of towns in size and importance. 133

B. License Regulations and Fees. — Increase in amount and

number. — New standards of measurement: amount of stock,
population of municipality, etc. — New pursuits requiring
regulation and payment of license fee.— Variations in differ¬
ent states . 133

C . Development in Inspection Fees. — A more elaborate sys¬
tem. — More complex schedules of fees. — State export in¬
spection more important than ever. — Sealers of weights and
measures . 135

D. New Inspection Fees. — Inspection of engines, steamboats,

etc. — Causes . 136

E. Later Fees as Compared with Earlier Fee Schedules. — -

Apparent increase in size of fees. — Explanation. — Later
fees in round numbers. — Causes . 137

F. New Standards of Measurement. — “ Folio ” as defined by

different legislatures. — Variation in different states. — Ped¬
dlers’ license fees. — Liquor and billiard table licenses . 138

G. Incorporation Fees. — A survival of the ancient regalia. — ■

Blackstone’s conception of the word franchise as compared
with the modern significance. — Incorporation privileges and
charters.— Increase in amount of fees charged for this priv¬
ilege. — Development of general incorporation laws. — Sig¬
nificance . 138

CHAPTER VIII.— The Federal Fee System.

A. Patent and Copyright Fees. — Development and changes in
patent office fees. — Increase in the amount of the old and
new fees introduced. — Copyright fees. — Changes . 141

248

Urdahl — The Fee System in the United States.

CHAPTER VIII— continued. page.

B. Custom House Fees. — All custom house officers paid by means

of fees at first. — Tonnage duties. — Standards of measure¬
ment. — Changes in same. — Attempts to change from fees
to salaries. — Changes made by the McKinley bill . . |142

C. Licenses to Vessels.- — Changes in amounts collected and

standards of measurement.— System becomes more elabor¬
ate. — Inspectors, etc., paid salaries . . 144

D. Miscellaneous Maritime Fees.— Wreckers’ and pilot license

fees. — Shipping commissioners’ fees . . . . 145

E. United States Court Fees. — Fees allowed deputy mar¬

shals. — Salaries reduced in 1853. — Maximum salaries fixed
in 1878. — Recent changes. — All fees to be accounted for. . . 145

F. Land Office Fees. — Change from fee to salary system first

applied here. — Maximum limit fixed by law. — History of
changes in the fees. — Relation of land office fees to cost of
land . . . . . . . 146

G. Other Miscellaneous Fees of the Federal Government. —

Consular fees. — Postmasters’ fees. — Fees in District of
Columbia, their development. — Excise license charges, not
fees . . . . . . . 147

CHAPTER IX. — The Evolution of the Fee System as Shown by
the State and Federal Statutes.

Tendency to Change from Fee System to Salary System. —
Impossibility of adjusting any fee system to changing eco¬
nomic conditions. — Political and economic forces arrayed
against change. — Line of least resistance. — Forces at
work everywhere which wTill result in bringing all officers
to accept salaries in lieu of fees. — Another line of investi¬
gation showing the same conclusion . . . . . 148

CHAPTER X. — The Evolution of the Fee System as Reflected
by the American Constitution.

Constitutions as Indices of Public Opinion. — Constitutional
provisions concerning illegal fees. — Chancellors and judges
forbidden to receive fees. — Other courts under same inhi¬
bition. — Governors. — State officers. — County officers re¬
quired to account for fees of office. — Other provisions _ _ 150

Table of Contents.

249

PART II.— THE FEE SYSTEM AS IT EXISTS AT PRESENT
IN THE UNITED STATES.

The two most important forces influencing the fee system. — page.
1. The modern industrial development. 2. Expansion of
population and resulting expansion of markets . 154

CHAPTER I. — Modern Inspection Fees.

A. Inspection for Protection of Consumer. — 1. Oil inspec¬
tion. — Variation in schedules of fees, — Standards — Causes.

2. Commercial fertilizers. 3. Lime, gas meters, baking
powder, etc . . . 155

B. Inspection for Benefit of the Producer. — A modern devel¬

opment. — Grain inspection. — Oleomargarine, etc. — Due to
expansion of population into the West . 158

C. Inspection for Police Regulation. — New purpose in the

inspection of hides. — Inspection of steamboats, vessels,
mines, and buildings. — Inspection of cattle brought into a
state, etc . 158

D. Inspection of Weights and Measures. — Of decreasing im¬

portance. — Exceptions . 160

E. Miscellaneous. — Produce inspection in Ohio. — Salmon in¬

spection in Oregon. — Milk inspection. — Tobacco inspection.

— Municipal inspection regulations . 160

CHAPTER II. — License Regulations and Fees.

A. Marriage Licenses. — Importance. — Nature of regulations
in the different states. — By whom carried out. — Amount of

fees. — Variations. — Success or failure of restrictions . 161

B. Liquor Licenses. — Experiments in license legislation. — Li¬

cense-granting authorities: state, county, town, city. — Dual
system. — General features. — Standards of measurement:
According to (1) population; (2) total annual sales; (3) kind
of liquor; (4) amount sold at the time, etc. — Variations of
each in different states. — Druggists’ liquor licenses. — Gro¬
cers’ liquor licenses. — Drift of liquor-license legislation _ 163

C. Peddlers' Licenses. — Dual system.— Fee charged by both
state and local authorities. — Other systems. — Fees vary:
according to (1) amount of goods carried; (2) number of ani¬
mals used; (3) kind of vehicle; (4) character of territory;

(5) nature of goods sold. — General characteristics . 166

250

Urdalil — The Fee System in the United States.

CHAPTER II, Part II — continued. page.

D. Licenses for Shows, Theatres, etc. — By what authority

granted; state; local. — Variations. — Destination of fees col¬
lected: State or local treasuries. — Standards of measure¬
ment: According to (1) population; (2) duration of license. —
Variations in amounts charged in different states . 168

E. Ferries. — Transfer of power to grant ferry licenses from state

to local authorities. — Limits to amount of fees which may
charged. — Nature of the licenses . 170

F. Auctioneers' Licenses. — By whom issued. — Variations in

amount of fees. — Standards of measurement . . . 170

G. Miscellaneous License Regulations. — For exporting oys¬
ters. — Oyster boat licenses. — Fishing licenses. — Water craft
used in trade. — For selling fertilizers. — Detectives’ li¬
censes. — Grazing licenses. — Local licenses. — Brokers,

wharfingers, hacks, etc . 171

CHAPTER III. — Incorporation Fees.

Preliminary requirements. — Significance. — General characteris¬
tics of incorporation legislation. — Results . 173

A. Charges for Incorporation Privileges. — Variations in

amount. — Fee proportioned to amount of stock. — Length of
charter, etc . 174

B. Banking Privileges. — Bank examiners’ fee. — Building and

loan associations. — Charitable and educational associations 176

C. Insurance Companies. — Importance of regulation. —

Amount of fees. — Examination fees. — Retaliatory charges. —

Fees paid by foreign insurance companies . . 177

D. Annual Fees. — A new development. — Significance. — Varia¬

tion in amount of annual fee . . . 178

E. Abuses connected with Insurance Fees . . 180

CHAPTER IV. — Examination Fees.

General drift of legislation. — Causes. — Certificates.— Occupations
and pursuits for which required. — Fees for examinations. —

To whom paid. — For what purpose, — Variations . 181

Table of Contents.

251

CHAPTER V. Court Fees. page.

System antiquated . 184

A. Registration Fees. — Forces tending to prevent changes. —

New registration fees . 185

B. State and County Court Fees. — Consequences of using fee

system in lower courts. — Courts not self-supporting. — Re¬
form. — Colorado plan; Idaho plan; California plan; other
schemes. — Results . 186

C. Federal Court Fees. — Accounts kept of fees collected. —

Amount of increase. — New act of May 28, 1896: Provisions;
result . 189

CHAPTER VI. — Revenue from Fees.

A. Federal Government. — Per cent, of total receipts. — Signifi¬

cance. — Variations from year to year . 191

B. Revenue from Fees in the States. — Variations in totals. — In

sources. — Percentage of total revenues . 192

C. Municipal Revenue from Fees. — Sources. — Significance in

different cities. — Variations in amounts. — Percentage of
total municipal receipts . 196

D. General Trend. — Prospects of fee legislation. — One category

of fees tends to diminish and ultimately disappear. — An¬
other tends to increase, becoming taxes. — Scope of the fee
system extending . 199

CHAPTER VII. — Legal Aspect of Fees.

A. Evolution of Fees as Interpreted by the Courts. — Law dic¬

tionaries’ interpretation. — Early decisions. — Text-book
writers’ views. — Relation of fees to taxes. — Fees and police
power. — Recognition of the idea of special benefit. — Gaug¬
ing of fees. — Intent of law-making bodies and fees . 200

B. Fees in Their Relation to Inter-state Commerce. — Theo¬

retical relation.-— Earlier decisions. — Changed attitude in
later decisions. — Indirect consequences of fee-legislation. —
Attitude of courts at present . 207

252

Urdahl — The Fee System in the United States.

CHAPTER VIII. — The Pee System as a Social Force. page.

A. The Fee- System and the Tramp Question . 211

B. Fees in Police Courts, and Crime . 214

C. Fees and Justices of the Peace . 216

P>. Fees of District Attorneys and the Administration of

Justice . 218

E. The Relation of Fees to the Divorce Problem . 222

F. The Fee System and Political Corruption . | . 224

APPENDIX.

Table I. — Showing License , Examination, and Inspection

Fees in the United States . 231

Table II. — Shoiving Incorporation Fees'. — Banks , Insur¬
ance, Railroad, Telegraph, etc . 235

BIBLIOGRAPHY . 238

THE DURATION OF SCHOOL ATTENDANCE IN
CHICAGO AND MILWAUKEE.

BY

DANIEL FOLKMAR,

Late Lecturer in Social Science, University of Chicago,
Fellow of Royal Statistical Society, etc.

BEAD BEFOBE THE WISCONSIN ACADEMY OF SCIENCES,
DECEMBEB 28, 1897.

TABLE OF CONTENTS.

Page.

Importance of the Question . 257

Methods . 258

Sources of Information . 259

Deductive or Enrollment Method . 261

Applied to Chicago Statistics . 261

Incidental Observations . 262

Applied to Milwaukee Statistics . 263

Errors Balance each Other . 264

Importance of Determining Limits of Error . . 265

Minimum Limit of Error . 266

Correction for Double Enrollment . 266

Conclusions as to Minimum Limit . 268

Inductive or Class Method . 268

Corrections for Increase of Population . 268

Corrections for Death Unnecessary . 270

Chicago and Milwaukee Compared . 270

Maximum Limit of Error . 271

Final Comparison of Results . 271

Average Amount of Schooling per Pupil . 272

Statistics of Other Cities and Countries . 273

Superintendent Smart and London School Board . 274

Dr. W. T. Harris and Prof. C. M. Woodward . 275

Superintendents White and Lane . 277

Causes and Remedies . 279

Summary . 280

TABLES.

Page.

I. Enrollment of Public Schools (Chicago), Fifteen Years.... 282

II. Average Daily Membership (Chicago), 1875-76 to 1880-81. . 283

III. Per Cent, of Enrollment in Each Grade (Chicago) . 284

IV. Per Cent, of Pupils That do not Go beyond the Grade Named

(Chicago) . 285

255 Table of Contents.

Page

V. Per Cent, of Enrollment in Each Grade (Milwaukee) . 286

VI. Per Cent, of Enrollment in Each Grade with Corrections for

Kindergarten and High School (Milwaukee) . 287

VII. Per Cent, of Pupils That do not Go beyond the Grade Named

(Milwaukee) . 283

VIII. Number of Pupils Promoted (Chicago) . 289

IX. True, or Entrance, Enrollment (Chicago) . 290

X. Method of Obtaining Population Corrections . 291

XI. Population Corrections . 292

XII. Estimated Per Cents of Increase of Population . 293

XIII. Enrollment by Classes (Chicago), Fifteen Years . 294

XIV. Corrected Enrollment by Classes (Chicago) . 295

XV. Number Dropped out by End of Each Grade (Chicago) . 296

XVI. Per Cent, of First Grade Enrollment Dropped out by End of

Each Grade (Chicago) . 297

XVII. Average Per Cent, of First Grade Enrollment Dropped out by

End of Each Grade (Chicago) . 298

XVIII. Influence of Death upon Duration of School Attendance. . . 299

XIX. Enrollment by Classes (Milwaukee) . 300

XX. Number Dropped out by End of Each Grade (Milwaukee). 301

XXI. Per Cent, of First Grade Enrollment Dropped out by End

of Each Grade (Milwaukee) . 302

XXII. Per Cent. Dropped out after Corrections for Double Enroll¬

ment (Chicago) . 303

XXIII. Final Conclusions as to Per Cents that Drop Out . 304

XXIV. Public and Private Schools of Chicago, 1893-94 . 305

Plate I. Diagram A. Showing what Per Cent, of the Population

Leaves School at Each Grade . 262

THE DURATION OF SCHOOL ATTENDANCE IN CHI¬
CAGO AND MILWAUKEE.

(WITH diagram— PLATE I.)

DANIEL FOLKMAR.

IMPORTANCE OF THE QUESTION.

Is not the question of all questions in education how to retain
our pupils through more years of schooling? If it can be shown
that pupils reach, on the average, only the third or fourth grade
before dropping out, have we not missed the most essential
point by putting the great emphasis now-a-days upon methods?
Is not the real question, not how shall we teach, but how much
shall we teach? If the average pupil has only time allowed him
to acquire the elements of the three “ R’s, ” have we not erred
in crowding them aside by “ enriching the curriculum ” with
nature study and other new applicants for favor? Has not Dr.
Harris rightly interpreted the needs of civilization in his restora¬
tion of reading, writing, and arithmetic to the leading place in
the course of study? 1

These fundamental questions depend so largely upon the act¬
ual amount of schooling that we can count upon in the case of
the average child, that much effort would be justified in attempt¬
ing to determine the latter. There is probably nowhere in edu¬
cational literature a scientific demonstration of the number that
drop permanently out of school at the close of each grade.

The aim of this paper is indicated above. It is to ascertain
at what grade the pupils in the public schools drop out — what
per cent, go no further than the first grade, what per cent, stop
with the second grade, what per cent, with the primary school,

1 “Report of the Committee of Fifteen ” in the Proceedings of the Na¬
tional Educational Association, 1895, pp. 290-6.

17

258

Folkmar — The Duration of School Attendance.

what per cent, with the grammar school, and what per cent, reach
the high school.

By a comparison of the facts thus ascertained with the sta¬
tistics of other cities and of the United States as a whole, a
somewhat definite idea can be formed as to the total amount
uf schooling received by each citizen — a fact of high impor¬
tance to the educator and to the sociologist.

METHODS.

The only exact method, but at present an impossible one,
would be to take a complete census of the population above the
school age, ascertaining in each individual case the grade with
which schooling ceased. Another method, quite as impossible,
would be to tabulate the school records previous to 1885, let us
say, tracing the history of each individual whose name appears
upon them. As a matter of fact, the Great Fire of Chicago and
the previous existence of a ten-grade system in each city, make
this method out of the question.

Reserving further suggestions upon methods, ideal or other¬
wise, until a later stage of the discussion, I will pass at once
to an explanation of the methods which were actually employed
in this investigation.

It is evident that the only method that will cover so great a
multitude of cases is the statistical. Since the method of mere
enumeration could not be employed, resource was had to deduc¬
tions from such statistics as were available. Two main lines or
methods of demonstration were employed in the study of each
city, the one serving as a check upon the other. They may be
designated as : (1) the Deductive, or Enrollment, method; (2) the
Inductive, or Class, method.

In the first, the enrollments by grades for one year or the
totals for a group of years, are made the basis of deduction or
inference as to the per cents that must have dropped out from
the lower grades; in the second, the enrollment of a single class
entering the first grade is followed from grade to grade through
the reports of successive years, the number that drop out at
each grade is noted, and from a comparison of the correspond¬
ing facts in the history of other classes, a generalization is

Sources of Information . 259

reached inductively as to the normal number that drop out at
each grade.

There are, therefore, four groups of tables in the study of the
two cities, with a fifth group which compares the conclusions
thus reached with the facts collected from other cities and
writers. Admitting errors in each method employed, second¬
ary tables and considerations have been introduced: on the one
hand to eliminate errors so far as possible; on the other hand
to determine the limits of probable error, so that if per cents
could not be determined with absolute accuracy, statements
could at least be made as to the maximum and minimum limits
within which the truth lay.

Neither through my present acquaintance with statistical
methods nor through the co-operation of a university instruc¬
tor in statistics, have I been enabled to find methods ready¬
made which were applicable to this problem. The only resource
was one not uncommon in scientific work, a slow process of
trial and experimentation, during which more time was spent
upon the rejected methods than upon those finally adopted.1

SOURCES OP INFORMATION.

To assist any who may wish to use the same material, and
also to explain the data upon which my inferences are based, a
brief statement may be made at this point as to the sources of
information. A large portion of the data concerning the Chi¬
cago schools was taken from the Annual Reports of the Board
of Education, beginning with the year after the Great Fire,
1871-72, which destroyed all the previous records. Since the
year 1888-89, unfortunately, the school enrollment by grades
has not been printed, — which fact necessitated (in 1894 at the

1 Thanks are due to Dr. Hourwich of the University of Chicago for
valued assistance; also to Mrs. Stevens, statistician of the Chicago Board
of Education, in allowing me to copy the annual returns in advance of her
own elaboration of them for the Annual Report, and especially in loaning
me the bulky files of the years 1889-93, which are the only data now in
existence from which may be obtained the grade enrollments for these
four important years. Most important of all was the co-operation of Mrs.
Folkmar on the Milwaukee portion of the work, since she not only elabor¬
ated the most of the material but added important theoretical suggestions.

260 Folkmar — The Duration of School Attendance.

time the Chicago portion of this paper was written) the weari¬
some copying for many days of the manuscript reports of over
two hundred principals for the years 1889-94 and the adding
of endless columns. The figures published herewith are,
therefore, the only ones to be found in print.1 The Chicago
data have not been brought down to the present year, since
this would necessitate not only special trips to Chicago but the
expenditure of a large amount of time in copying the manu¬
script files without materially changing the results already se¬
cured. Neither had the enrollment previous to 1879-80 been
published by grades, although the same regularity noticeable
in it may be demonstrated as far back as 1875 from the data of
Table II, giving the average daily membership (Chicago),
1875-76 to 1880-81. 2

Preceding 1875 the necessary comparisons cannot be made.
Since a ten-grade system was in vogue until that year, the per
cents before and after 1875 are incommensurable. The fifteen
years, however, from 1880 to 1894 give a sufficient basis for
the deductions sought.

The Annual Reports of the School Board of Milwaukee are
still more unsatisfactory to the statistician than those of the
Chicago Board, since there never has been published a total
enrollment by grades since the twelve-grade system was intro¬
duced. All that can be done, therefore, under the deductive or
enrollment method, is to tabulate the average enrollment since
the year just named, as is shown in the discussion of the table
(p. 263, infra). However, the average enrollment is quite
satisfactory for comparison with the Chicago table of total en¬
rollment.

1 Table I. Enrollment of Public Schools {Chicago). Fifteen Yearsr
p. 282 infra. The data for this table, for the years 1880-89, are compiled
from tables in the appendixes of the annual reports; e. g. Report for 1889,
pp. 142 and 152.

2 Page 283 infra. The data for this table are compiled from tables in
the appendixes of the annual reports; e. g., Report for 1889, p. 146.

Deductive Method.

261

DEDUCTIVE METHOD.

Passing now to the deductive or enrollment method, the first
form in which it was suggested in the investigation, seems
rather too simple to be safe. Yet it must be retained, if only
because of the ease with which it may be applied to the statis¬
tics of other cities, in making the broader generalizations which
this paper suggests. It will be found, also, to be a much closer
approximation to the truth than would at first thought appear.
The method consists in a simple inference based upon the rela¬
tively small numbers constantly enrolled in the higher grades.
A knowledge of this well-known fact leads every one to the con¬
clusion, that a very large majority of the pupils fail to reach
the high school, and that entirely too large a number drop out
before reaching the grammar grades. That there is a funda¬
mental and remarkably unyielding law corresponding to this
opinion, is seen by massing the enrollment figures for the
Chicago Schools as far back as they are available.1

Deductive Method Applied to Chicago. — It needs but a glance
of the eye over the the table to discover that we have here an
instance of the wonderful uniformity of the laws governing social
phonomena. Notwithstanding the great fluctuations of popula¬
tion through immigration and exodus, the annexation of large
districts, the transfer of pupils to and from parochial and pri¬
vate schools (which are one-half as large in number as the pub¬
lic schools of the city) and other social and economic disturb¬
ances, we find that the enrollment of no grade, with the excep¬
tion of the first, has changed more than one per cent, from year to
year. With substantially the same forces in operation during
the succeeding fifteen years, we may feel sure that the same
uniformity of attendance will be found as in the past fifteen.
The slight tendency to increase or decrease in certain grades
will continue. The inference suggested by merely a superficial
glance at the figures (Table III) might be stated as follows: If,
out of every 1,000 pupils, there never have been more than
four pupils that reached the twelfth grade, the remaining 996
dropped out before reaching that grade. By the same reasoning

1 Table III. Per Cent, of Enrollment in each Grade (Chicago), p. 281.

262

Folkmar — The Duration of School Attendance.

99 per cent, would be shown to have dropped out on an average
before reaching the eleventh grade; 97 per cent, before reaching
the high school ; 77 per cent, before passing beyond the primary
grades; and 32 per cent, before reaching the second grade. The
next table would then show the per cents that dropped out at
each grade during fifteen years.1

The same facts are more vividly shown to the eye by the fol¬
lowing graphic representation (Diagram A.) The per cent, that
never went beyond the limit of the first grade, the second grade,
the third grade, and so on, are cut off by the heavy boundary
lines.

Incidental Observations. — Some interesting facts may be no¬
ticed in passing, though they touch only indirectly upon the
inductive method. In the first place, it will be seen from
Table III that there has been for ten years past a slight but
regular tendency toward decrease in the primary grades and a
corresponding increase in the grammar and high school grades.
The largest decrease has been in the first grade — from thirty-
five to thirty per cent. The twelfth grade of the high school
has made a corresponding increase from one-tenth to four-tenths
of one per cent. This indicates that a slowly increasing num¬
ber stay in school long enough to reach the grammar and high
school grades; a fact which would be expected to accompany
the increase of wealth and intelligence among the parents and
the increasing educational demands of society upon the young.
These laws of attendance evident during ten years, would no
doubt hold good back to 1880. The apparent increase in the
primary grades and decrease in the grammer grades in the five
years following 1880, is explained by the superintendent of
schools as being caused by the new method of promotion which
went into effect at that time. Some time after dropping the
examination system, it was found that principals were not mak¬
ing recommendations for promotion with sufficient freedom.
Upon having the matter brought to their attention it was
remedied, and the rate of promotion regained its old regularity.
Yet from the curious fact, that in the culminating year of

1 Table IV. Per Cent, of Pupils that do not go beyond the Grade
Named (Chicago), p. 285.

Trans. Wis. Acad., Vol. XII.

Plate I.

Diagram A. — Showing what Per Cent, of the Population leaves School

at each Grade.

Chicago, -

Milwaukee, - • - - -

Deductive Method.

263

the first grade, 1884, and the second grade, 1887, the same
phenomena were observable in Milwaukee (Table V), it would
appear that the cause was a wide-reaching social condition.
Since a larger per cent, in these grades indicates a smaller per
cent, in the grammar grades, what bearing does this fact have
on the theory that in “ good times ” advanced pupils do not
attend school so largely as in “ bad times ” ?

At first thought it would seem that there are disturbing:
factors which would render the apparent regularity of the fig¬
ures impossible. Such are the death rate and fluctuations in
the population from annexation, immigration, and exodus. The
death rate, however, during school age, as we shall presently
see (p. 270), is so small as not to affect the results appreci¬
ably; while, explain it as we may, the same wonderful regular¬
ity is found throughout the table despite the great increase in
immigration in recent years and such sudden changes as the
annexation of a large population in suburban districts in 1889
and 1890. The most reasonable hypothesis is, that additions
to the population brought with them the same normal per cents
of children to enter the various grades. It seems probable from
data adduced in subsequent pages (pp. 273-4) that not only other
parts of the United States but many countries of Europe, carry
education to about the same grades; so that pupils coming from
them to Chicago are simply transferred in grade. This is no
doubt almost absolutely true of the annexed districts.

Deductive Method Applied to Milwaukee. — The similarity of the
Milwaukee statistics may be seen by applying the same deduc¬
tive method to them. As has already been said, the figures of
the actual enrollment in Milwaukee are not obtainable, but the
statistics of the “average enrollment ” are in nearly enough the
same proportion to answer for the comparison.1

Since the per cents in the Milwaukee reports include the
kindergarten and exclude the high school, revised tables are
given, with reductions so made as to be comparable with the

1 Table V. Per Cent, of Enrollment in Each Grade (Milwaukee), p. 286.
This table is compiled from the per cents given in the Statistical Tables
of the annual reports of the School Board — e. g., Report for 1895-96, p. 64.

264 Folkmar — The Duration of School Attendance.

Chicago tables.1 Comparing the second of these tables with the
corresponding Chicago table (IY, p. 285), it will be seen that the
averages do not vary one and one-half per cent, in the two tables
except in the first grade, which is three per cent, larger in the
Milwaukee table. This slight excess is clearly due to the fact
that we are dealing with true enrollment figures in the Chi¬
cago table but with “average” enrollments in the Milwaukee
table.

Errors in Deductive Method . — But, however accurate and sim¬
ple this method may be in reaching the per cent, that normally
drops out at each grade, it must be justified by comparison
with other methods. There are errors in it not easily elimin¬
ated; some of which would make the per cents too large, while
other errors would make the per cents too small. Now, if we
apply our corrections, for example, to the second grade (Table
III or VJ, Per Cent, in each Grade), it is evident that any error
which makes it too small will make the per cents in the gram¬
mar grades too large, and vice versa ; also that if the second
grade per cent, is too small in this table, it is too small in the
table derived from it, the first grade remaining unchanged.
(Table IV or VII, Per Cents that Drop Out.)

One of the two largest errors makes the final second grade
per cent, (the 50 percent, that dropped out) too small. It arises
from the fact that the base is too large. If the base were smaller
the second grade per cents in both tables, as is shown above,
would be larger. But the base should be smaller; for the grand
total of the fifteen years’ enrollment, one and one- half millions
(compare Tables I and IX), is evidently not pupils, but pupil-
grades, or enrollments; that is, the number of enrollments that
would appear on the books in all the grades. Since most pupils
have been enrolled in more than one grade, this number is three
or four times the number of pupils.2 The number of pupils

1 Table VI. Same as Table V, With Corrections for Kindergarten
and High School, p. 287. Table VII. Per Cent, of Pupils that do
not go beyond the Grades Named (Milwaukee), p. 288. See, also,
“Diagram A,” facing p. 262.

2 See discussion of the average number of grades each pupil has at¬
tended, p. 272.

Importance of Determining Limits of Error. 263

would more nearly correspond to the total of the first grade,
one-half million, on the supposition that all pupils were first en¬
rolled in the first grade.

The other chief error, taken by itself, would make our final
second grade per cent, too large — namely, the fact that our
percentage 1 (282, 992), is too large. It is too large by approxi¬
mately one-third, since about thirty-three per cent, of any
second grade enrollment appear to be pupils who remain in the
second grade two years (p. 267, infra).

The death rate and the fluctuations of population do not mate¬
rially vitiate this method, as will be seen later (p. 270). The
former is never an appreciable quantity, and the latter is inop-
perative because we are here dealing not with classes as they
actually advance through the grades, but with the proportionate
enrollments in the various grades at all times — and we might
say in all places; for national and even European statistics cor¬
respond in a general way to those of Chicago and Milwaukee.2
In the latter case, no matter how many families would remove
to or from Chicago, it would not change the proportions that
enroll in the various grades.

The most important correction, therefore, to be made under
this method, is to eliminate the second enrollment that each
pupil made in any grade. We could then be sure that we had
reached the minimum limit in our second grade average; and
could also compute the average number of grades that each pupil
had attended. This brings us to one of the main topics of the
paper.

IMPORTANCE OF DETERMINING LIMITS OF ERROR.

Let us stop to remind ourselves of the main aims of the
paper. The first aim is to determine what per cent, of pupils
drop out at each grade. This we seem already to have approxi¬
mately secured, to judge by the methods discussed later, for
they only corroborate the results of the deductive method. It
seems that the errors which tended to make the per cents first

1 This word is used throughout the paper in the strict sense to designate
concrete numbers, not the corresponding per cents.

2 See Enrollment of Various Countries , p. 273.

266 FolJcmar — The Duration of School Attendance .

too larom and next too small have neutralized each other. But,
since this is after all only an approximation and not a perfect
demonstration, the second great aim must be to determine the
outside limits between which the truth must lie. The maximum
limit will be reached under the inductive method. The mini¬
mum limit may be got at once by reducing percentages.

Minimum Limit of Error. — As was shown on page 264, if we
reduce the percentages (the totals for the second and other
grades in Table IX) without reducing the base (the one and one-
half million grand total), or at least without reducing it in so
great a ratio as the percentages, we shall reduce the rate per
cents. But we know that the base is at least three times too
large. (See p. 264). The question is how much to deduct
from the apparent enrollments, especially in the first four grades,
to make the numbers stand in the same relation to each other
as do the true enrollments. That all the other grades are within
from one to ten per cent, of the actual enrollment will probably
be granted after the following discussion.

Correction for Double Enrollment. — The apparent or printed
enrollment in each of these grades is too large, because many
pupils are not only enrolled in them on entering the grade but
also on coming back to it the next year — those pupils, namely,
who failed of promotion. The determination of the number en¬
rolled twice in each grade, is the most incomplete part of the
present paper. It would seem to be impossible to get accurate
results from the material at hand in Chicago and Milwaukee.
The question is, therefore, turned over to the future investi¬
gator in this subject with the following imperfect data and in¬
ferences.

Since we are seeking only a limit of error, perhaps so large
a reduction of the grades may be made that anything greater
would be clearly unreasonable. The next table of promotions1
is of prime importance. It can not be inferred, however, that
all who fail of promotion were enrolled in the same grade
for the following year. How many of these dropped out of

1 Table VIII. Number of Pupils Promoted (Chicago), p. 289. This
table is compiled from the Superintendent’s Reports in the Annual Reports
of the Board (e. g., report for 1897, p. 30.)

Importance of Determining Limits of Error . 267

school altogether is the largest element of uncertainty. In
the calculation, of course, the total number who dropped out at
any grade is made up both from those who were promoted and
those who failed of promotion. No exact determination of the
number in either case can be made, but the following additional
considerations may render our inferences more accurate. t

We must begin with the enrollment of the grades as corrected
for increase in population (Table XIV, and p. 268). If we sub¬
tract, for example, from the third grade enrolled in 1887 the
number promoted from the second grade in 1886, we have left
approximately the number that were enrolled a second time in
1887 in the third grade. This is about twenty-five per cent, of
of the enrollment of 1886, and is about the average for the third
grade, as will be found by trying different years. In the same
way it will be found that a deduction of about 10 per cent, should
be made from the fourth grade, 33 per cent, from the second grade,
and 45 per cent, from the first grade to allow for double enroll¬
ments. Adding together our revised enrollments, we get a
grand total of 1,270,000 (See Table IX. True Enrollment , p.
290). Since now we have made reductions of 10, 25, 33, and 45
per cent, in our percentages and a reduction of only 38 per cent,
in our base, which was already three times too large (See p.
266), it must be admitted that the resulting per cents are the
smallest possible.

Let us recapitulate the argument as regards the second grade.
(1) We have as a base, 1,500,000, the total enrollment of all
grades; as percentage, 282,000, the enrollment of the second
grade; which is 18 per cent, of the total enrollment. (2) We
have reduced the base to 1,270,000, while the true base, the num¬
ber that entered the first grade, is nearer 500,000 (p. 264);
we have reduced the percentage to 212,000 or 33 per cent.,
which is about the true percentage; giving 16 as our per cent,
instead of 18. (3) But since we have reduced the percentage as

much as possible and left the base far too large, the resulting
per cent, must be too small; that is, the “16 per cent.” of all
that entered the first grade said to drop out in the second, is
the smallest imaginable per cent., which was to be proven. The
same is true of each of the other grades.

268

Folkmar — The Duration of School Attendance.

Conclusions as to Minimum Limit. — There can be no doubt,
therefore, that at least the following per cents dropped out at
the grades named:1

27 per cent, by the end of the first grade.

43 per cent, by the end of the second grade.

58 per cent, by the end of the third grade.

71 per cent, by the end of the fourth grade.

82 per cent, by the end of the fifth grade.

89 per cent, by the end of the sixth grade.

93 per cent, by the end of the seventh grade.

96 per cent, by the end of the eighth grade.

98 per cent, by the end of the ninth grade.

99 per cent, by the end of the tenth grade.

99.6 per cent, by the end of the eleventh grade.

100 per cent, by the end of the twelfth grade.

This is our minimum limit.

INDUCTIVE METHOD.

Let us now take up the second general method of the paper, the
inductive or class method. The difficulty in following a particular
class from grade to grade in these statistics is due to the in¬
crease of population through immigration. Many children on
coming from other cities to Chicago, enter the higher grades,
thus increasing the apparent number of the real class that en¬
tered in the first grade. The first thing necessary, therefore, is
to make population-corrections in the class enrollment.

Corrections for Increase of Population. — The next three tables 2
will make clear the method used in ascertaining the corrections
to be applied to the printed enrollment (Table XIII). Table X
gives the official biennial census. The figures for the alternate
years can easily be estimated by inspection, for the increase is
found to follow a regular law. It is, for several years after 1880,

1 Table IX, True or Entrance Enrollment (Chicago), p. 290; also
Table XXIII, Final Conclusions as to Per Cents that Drop Out ,
page 301.

2 Table X, Method of Obtaining Population Corrections , p. 291; Table
XI., Population Corrections , p. 292; Table XII, Estimated Per Cents
of Increase of Population, p. 293.

Inductive Method.

269

7 per cent, of the population of 1880, then running up to 13 per
cent, in 1892. The only exceptions are two great increases of
about 60 per cent, and 20 per cent, respectively, caused by the
annexation of large out-lying districts to the city in 1890 and
in 1891.

In a similar way the population-corrections for the other col¬
umns are found (Table XI, p. 292). The per cents in bold
faced type are exact, being derived immediately from the official
census. The rest of the table is estimated. Quite evident laws
are discovered by mere inspection of Table XII (p. 293) ,
where these factors are analyzed — regularities of increase and
decrease vertically, horizontally, and diagonally across the table
being evident. We are thus enabled to fill in the alternate
columns (Table XI) with tolerable assurance.

Having this law of the increase of population, it will easily
be seen that corresponding deductions should be made from the
enrollments of classes through the successive grades, since the
incoming population brings pupils that enter the different
grades in about the same proportion as that in which the Chi¬
cago pupils are distributed among them. Table XIII (p. 294)
gives the enrollment of each class as it passes through the suc¬
cessive grades. Table XIV ( p. 295 ) gives the true enroll¬
ment as corrected for increase of population. Subtracting the
enrollment of the second grade from that of the first, gives us
the number that dropped out of school at the first grade.
Going through the entire table in this same way, we get Table
XV. Number That Dropped out by End of Each Grade
(p. 296). From these numbers taken as percentages with
the corresponding first grade enrollment taken as abase, we get
Table XVI. PerCent. of First Grade Enrollment Dropped out by
End of Each Grade (p. 297).

Although this method seems the most direct and exact, it
will be seen that the per cents are unexpectedly large. It will
also be seen that we have very uniform laws evident through¬
out these years as to the per cent, that drops out at each grade.
The average for each period of four years makes this clear.1

1 Table XVII. Average Per Cent, of First Grade Enrollment
Dropped out by End of Each Grade (Chicago), p. 298.

270 Folkmar — The Duration of School Attendance.

Corrections for Death. — Another factor should be given con¬
sideration in this inductive method, namely, the per cents that
drop out through death. What correction, if any, should be
made in the table for this cause? A table of the death rate
per thousand will make it evident that the correction would not
be an appreciable quantity. We may take, for instance, the
English Life Table No. Ill, which is a standard authority in
life insurance1 and we shall find that during the school age, 7
to 18 years, less than one per cent, drop out in any year on ac¬
count of death, (more exactly, from .9 per cent, of the first grade
enrollment in the first year to .006 per cent, of it in the twelfth
grade) and putting that small correction beside the large per
cents, 43, 54, 66, and the rest in Table XVI, it is evident that
the correction is of no practical importance.

Inductive Method in Milwaukee. — The Milwaukee statistics can¬
not be used directly and with entire satisfaction in this in¬
ductive method, for the actual enrollment of the grades has never
been printed. The “average enrollment ” which we have in the
reports is a different matter. Still, if it is necessary, the act¬
ual enrollment might be estimated on the basis of the average
enrollment. This will hardly be necessary after having the
Chicago results, for we may see at once from the tables of
average enrollments that the enrollments stand in almost ex¬
actly the same ratio throughout the tables as do the Chicago en¬
rollments; and we might get the per cents that dropped out in
each grade directly from them — but with the understanding
that the per cents are much too large. We are unable to reduce
the higher grades for increase of population. The average en¬
rollment, therefore, in the higher grades is unduly large as
compared with that in the primary grades; for pupils attend
more regularly in the higher than in the lower grades. Com-

1 Table XVIII. Influence of Death upon Duration of School At¬
tendance, p. 299. From the Insurance Cyclopedia , by C. Walford,
Vol. II, pp. 528-32. Since the per cents derived from the English tables
are computed upon the population of each age taken as a base, they must
be recomputed (see column VI) upon the first grade as a base, to be usable
in my tables. Column IV is taken from Table XVI. Column VI is de¬
rived from columns III and V.

Final Comparison of Results.

271

paring the Milwaukee1 with the Chicago tables, we may see that
the same laws hold good in both cities as regards the drop¬
ping out of pupils.

Maximum Limit of Error. Let us now see whether we have in
the inductive method as applied to Chicago the maximum limit
of error. We have reduced the grade enrollments too much if
anything; for the population-corrections, seven to thirteen per
cent., included the increase from births as well as from immi¬
gration. But if the enrollments in Table XIY are made larger,
the percentages in Table XV will be smaller and the per cents
in Table XVI smaller. Hence so far as all except the first grade
are concerned, the per cents are now as large as possible. But
the first grade should be made smaller, if anything, because of
double enrollment. This also would make the percentages in
Tables XV and XVI smaller. So from both points of view the
per cents that drop out are much too large, are the largest we
can suppose possible, and, therefore, indicate the maximum limit,

within which the truth lies.

<*

Finally, if our enrollment in Table XIV be corrected not only
for population but for double enrollment also, it is gratifying
to find that we reach practically the same results as by our de¬
ductive method.2 We thus find that the slow process of follow¬
ing a real class through grade after grade and making allow¬
ances for all possible errors only proves the close accuracy of
the shorter deductive method.

FINAL COMPARISON OF RESULTS.

The next table3 brings together for final comparison all the
results thus far obtained, and shows that the conclusions of the
deductive method occupy a middle position between the maxi-

1 Table XIX. Enrollment by Classes (Milwaukee), p. 300.

Table XX. Number Dropped out by End of Each Grade (Mil¬
waukee), p. 301.

Table XXI. Per Cent, of First Grade Enrollment Dropped out
by End of Each Grade (Milwaukee), p. 302.

2 Table XXII. Per Cent, that Dropped out after Corrections for
Double Enrollment , p. 303. Compare with Table IV.

3 Table XXIII. Final Conclusions as to Per Cents that Drop out,
p. 304.

272

Folkmar — The Duration of School Attendance.

mum limit just reached, and the minimum limit as establishsd
under the deductive method. The largest Milwaukee figures
should not be given consideration, as they do not represent the
enrollment of real classes, but “ average membership. ”

Average Amount of Schooling per Pupil. — With these conclu¬
sions shomd be stated the number of grades reached by the
average pupil. This is easily obtained from Table IX by divid¬
ing the total number of grade enrollments (one and one-half
million) by the total number of pupils (one-half million). This
gives approximately three grades to the average pupil. This
is the least possible limit, because the first grade enrollment
(one-half million) is more times too large than the total enroll¬
ment is, as was shown on page 267. If we use the figures of
the same table after the correction for double enrollment, we get
in the same way nearly four and one-half grades to the average
pupil. This is the maximum estimate, because, as shown on the
same page, the first grade is now reduced more times than it
should be in comparison with the reduction of the grand total.
There can be but little doubt, therefore, that the average pupil
get less than four grades of schooling, and certainly he does not
go beyond the primary grades.

In conclusion it should be clearly kept in mind just what our
proposition is. It has not been proven, either as regards the
average amount of schooling, or as regards the per cents that
drop out at each grade, that these figures hold true outside of
the two cities named, or even outside of the public schools in
those cities; and when it is remembered that about one-third
of the total school enrollment in each of these cities is in paro¬
chial and private schools,1 it will be evident that we will need
to bear this qualification in mind. Exactly formulated, our
statement is this : “ Of the children that attend the public schools ,
32 per cent, drop out before reaching the second grade, 66 per
cent, before reaching the fourth, ” and so on. That this state¬
ment, however, holds true of all schools, seems apparent from
several lines of evidence that cannot be entered into here. One
that falls within the scope of our inquiry, is the fact, that no

1 Table XXIV. Public and Private Schools of Chicago , 1893-94,
p. 305.

Final Comparison of Results.

273

irregularities of enrollment are observable in the entire history
of the public schools, such as might be caused by the opening
or closing of private schools, and the transferring of pupils from
public to parochial schools before confirmation, and from paro¬
chial to public schools at other ages. The inference, therefore,
is that the pupils transferred are divided in about the same pro¬
portion amongst the grades in other schools, thus making no
variations in our tables.

The St. Louis Statistics.-— The evidence is still more conclusive
that the proportions enrolled in these two cities are the normal
proportions, not only in other cities of the United States, but
even in rural districts and in other civilized countries. This
was shown in the case of St. Louis by Dr. Harris in connection
with his discussion of this subject.1 His per cents are 33.3
for first grade, 18.6 for second grade and 19.9 for third, and
so on and do not vary more than two per cent, in any grade
from the Chicago norm, excepting in the third.

ENROLLMENT OF VARIOUS COUNTRIES.

Primary

Education.

Secondary

Education.

Chicago, 1893-94- .

Per cent.
97.4

Per cent.
2.6

St. Louis, 1871-72 .

97.4

2.6

United States, 1890-91 (public and private) .

97.4

2.6

United States, 1889-90 (public and private) .

97.5

2.5

United States, 1888-89 (public and private) .

98.1

1.9

United States, 1888-89 (public). . . .

96.1

3.9

United States, North Atlantic Division, 1890-91
(public) . . . . . ....

96.7

3.3

United States, South Atlantic Division, 1890-91
(public) . . .

98.2

1.8

United States, South Central Division, 1890-91
(public) . . . . . . .

98.4

1.6

United States, North Central Division, 1890-91
(public) .

97.3

2.7

United States, Western Division, 1890-91(public).

97.0

3.0

Canada, 1890-91 .

93.8

6.2

Great Britain and Ireland, 1890-91 .

96.2

3.8

Prussia, 1890-91 .

94.3

5.7

France, 1890-91 . .

97.2

2.8

Netherlands, 1890-91 . .

98.0

2.0

Norway, 1890-91 .

93.6

6.4

Mexico, 1890-91 .

96.0

4.0

1 St. Louis Report for 1871-72, p. 25.

18

274

Follcmar — The Duration of School Attendance.

We cannot enter in this paper into a full discussion of the
amount of schooling in other places, but it will be interesting
to note in the foregoing list1 that the per cent, in the high
schools is quite uniform throughout all civilized countries.

The largest per cent, noted is that of Norway, 6.4, which is
much larger than that of Chicago; while the smallest per cent,
is found in some of our own southern states. No statistics have
been found, through a somewhat extended search, that demon¬
strate the number dropped out in the lower grades, either at
home, or abroad; but we may infer from the close correspond¬
ence everywhere as to secondary education that similar condi¬
tions would be found governing primary education. As is inti¬
mated further on, these conditions are fixed by economic and
social influences which hold good in all countries.

Superintendent Smart's Conclusions. — It remains only to no¬
tice the few and imperfect calculations which have been made
by others on the subject of this paper. In most cases there is
no attempt at demonstration. I find, for instance, conclusions
similar to those in this paper made by Ex-State-Supt. Charles T.
Smart, of Ohio,2 as follows: “ The high schools, into which but
about three per cent, of the pupils enrolled in the public schools
ever enter, and from which less than one per cent, are gradu¬
ated. ... 50 per cent, of the youth enrolled in the public

schools of the state do not attend school more than four years,
and, under their existing circumstances, cannot attend more
than five or six years; 75 per cent, stop attending school be¬
fore entering the eighth year or grade, and 97 per cent, do not
attend beyond the eighth year.” (Pp. 472 and 473.) He ad¬
duces the same reason as suggested above: “A majority of
the patrons of the public schools cannot do without the labor of
their children, and therefore cannot give them time to attend
school longer than five or six of the years devoted to primary
instruction.” (P. 473.)

London Estimates. — Similar testimony comes from the London
School Board, England, as follows:3 “ This leaves only 26.8

1 Report of United States Bureau of Education 1890-91, pp. 40,369-372.

2 Arena, Vol. 10, p. 462 (September, 1894).

3 From a paper read at a meeting of the London School Board by Sir

Final Comparison of Results.

275

of the scholars for the upper standard, and justifies one of our
inspectors in saying that, ‘the charge of over instructing is
wholly groundless; only 16.5 of the children receive instruction
in specific subjects, the remainder, 83.5 being taught merely
the three R’s, and in the case of those above Standard I, a few
simple facts relating to geography and grammar.’ ”

Dr. Wm. T. Harris's Method. — Dr. William T. Harris, United
States Commissioner of Education, has for many years given
thought to this subject. He was one of the earliest, apparently,
to have a keen appreciation of the importance of determining the
amount of schooling received by pupils ; and has evidently based
certain conclusions in his more famous papers of recent years,
such as the determination of the course of study in his Report
of the Committee of Fifteen upon the fact, that most pupils
leave school with only a primary education. As long ago as
1872, while Superintendent of the St. Louis schools, he ex¬
pressed a similar idea: “The average number of pupils in the
lowest three years of the course was about 72 per cent, of the
entire number enrolled. It was exactly the same for the year
previous. The fact, that nearly three-fourths of all the pupils
of the public schools are in the studies of the first three years
or in the primary studies, exhibits the importance of making
the instruction in those years the most efficient possible. On
the supposition that a large percentage of our population will
receive no other school education than what they get from the
primary grades, pains have been taken to make the course of
study not only disciplinary, but comprehensive in the subjects
taught.”* 1 More positive was a statement in his first annual re¬
port as United States Commissioner of Education, in the follow¬
ing words: 2 “Six-sevenths of the population on arriving at the
proper age for secondary education never receive it. Thirty out
of thirty-one fail to receive higher education upon arriving at
the proper age. ” The results reached in this paper are much
the same.

Charles Reed: “Ten Years’ Results of the London School-Board,” Jour¬
nal of the Statistical Society , Vol. 43, p. 67(5, December, 1880.

1 St. Louis Report for 1871-72, p. 25.

2 Report of the Commissioner of Education for the year 1888-89, p.
xviii.

276 Folkmar — The Duration of School Attendance.

The method used by Dr. Harris in the reports named is much
different from those of this paper. His words should be quoted
in full : “ If we divide the school population, which has been stated
to form 34 per cent, of the total population, roughly into three
classes, allowing for primary or elementary schools all between
the ages of 6 and 13, inclusive, we shall set apart 20 per cen¬
tum of the whole; the population aged from 14 to 17, inclusive,
amounts to 8 per centum for secondary education; 6 per cen¬
tum remains for the number aged 18 to 20, inclusive, for higher
education. These percentages applied to the results shown by
the statistics for the year 1889 give us the following ratios:

“ For the 12,000,000 of school age for elementary instruction
there were actually enrolled in public and private schools
12,931,259, or an excess of nearly 1,000,000. For the 4,750,000
of school age for secondary instruction there were actually en¬
rolled only 668,461, or less than one-seventh of the youth of age
for that grade of work. Of the 4,000,000 of right age for
higher education there were enrolled only 126,854, or less than
one- thirtieth of the quota. ”

This is one of the methods at first attempted in this investi¬
gation. It was despaired of, however, for the ages actually
found in the city schools varied so greatly from Dr. Harris’s
premises as to make it nearly useless. Thus, while he takes
the years from fourteen to seventeen as the high school age,
the pupils actually in the high school in 1893-94 were of the

following ages:1

From ten to eleven years of age . . . 2

From eleven to twelve years of age . . . 6

From twelve to thirteen years of age . 43

From thirteen to fourteen years of age . 261

From fourteen to fifteen years of age . 809

From fifteen to sixteen years of age . 1,395

From sixteen to seventeen years of age . 1, 471

Over seventeen years of age . 2,202

Even if this method were sufficient in regard to secondary
education or elementary education, as a whole, it would be
manifestly insufficient to show the number dropping out of
each grade.

1 Report of the Board, 1894, p. 201.

Final Comparison of Results.

277

In a later report1 the results of Dr. Harris seem to be some¬
what different from my own, but the difference may be appar¬
ent rather than real. What he really reaches in this chapter is
not the number or per cent, that withdraws at each grade, but
the average age at which pupils withdraw. He quotes with
approval Prof. C. M. Woodward’s method, which results in an
age at withdrawal of about 13^- years for the average
pupil. Since the latter enters school at 7-J- years of age, this
would give him only five years of schooling, which may be
entirely consistent with the 3J- or 4 grades which the average
pupil attends, as shown by my method; for as has already been
shown, more than one-half of the pupils go a second year to the
first grade alone, and the average required considerably over
one year each in the second and third grades.2

Other Estimates. — The estimates most widely differing from
those in this paper which I have found are those of Superin¬
tendents White and Lane. Those of the former seem so un¬
reasonable, in the absence of adequate information as to the
method employed in deducing them, that they may be simply
inserted at this point without further discussion.3

Estimates of the Number that do not go Beyond the Grades Named.

Grades.

Supt.

Lane.

Supt.

White.

This paper.

First .

10 1

10

32.2

Second .

19.7

15

50.6

Third .

34.3

25

66.1

Fourth .

39.0

40

77 6

Fifth .

51.6

50

86.2

Sixth . .

62.9

60

91.8

Seventh .

71.2

70

95.2

Eighth .

85

97.4

Ninth .

90

98.6

Tenth .

94

99.3

Eleventh . . .

95

99.7

Twelfth .

100

100.0

1 Report of the Commissioner of Education for the year 1891-92, Vol. I,
Chap. XIV. “The Age of Withdrawal from the Public Schools.”

2 See p. 266, supra , on promotions.

3 Superintendent White’s estimates are found in his Promotions and
Examinations , quoted by J. N. Patrick, Elements of Pedagogies , p.

278

FolJcmar — The Duration of School Attendance.

Superintendent Lane’s results expressed in the same terms
as those used in this paper, would give us only 10 per cent,
that drop out at the first grade, 15 per cent, at the second,
and so forth. There are two errors in his method so funda¬
mental and enormous as to make it valueless: the first is that
he has made no correction for the increase of the higher grades
through immigration and annexation; the second is that he has
not taken the real enrollment numbers, as has been done in this
paper, but has taken the average daily membership of the first
grade and has traced the progress of this fictitious class through
the higher grades, also in terms of average daily membership.
The great uncertainty of his method appears at once upon ap¬
plying it to the Milwaukee daily membership, as has been done
in Tables V to VII (pp. 286-8). The result here must be very
unwelcome to Mr. Lane, for it shows that his method gives
almost exactly the same numbers dropping out of each grade
that this paper does.

In our surve)7 of the printed material of the subject, it is
evident that no sufficient reason has been found to modify the
conclusions of this paper. Even the most different estimates,
made by people of various degrees of familiarity with the sub¬
ject, all agree that from 40 to 80 per cent, never get into the
grammar grades, and that from 85 to 95 per cent, never reach the
high school. Methods and estimates are most at variance below
the grammar grades, especially in the first and second grades.
It might be objected that compulsory education laws result in
a longer attendance at school than is apparent in these statis¬
tics. There are two sufficient answers to this claim : first, it is
not enforced, as the superintendent of the Chicago schools has
repeatedly said in his reports;* 1 in the second place, if enforced
it would not necessarily carry the pupil beyond the third grade.
A simple computation will show that if he be compelled to

171. Superintendent Lane’s figures are obtained by subtraction from the
table on page 35 of the Annual Report of the Board of Education, Chi¬
cago, for 1897. Superintendent Lane was moved by my tables to this
attempt to reach different conclusions. His method was pre- figured in a
personal letter written me May 13, 1895.

1 Report of the Board, 1895, p. 48, for example.

Causes and Remedies.

279

attend only four months in a year for seven years, he receives
a total schooling of 28 months, which is a little less than three
grades — even if we disregard the fact that he will have to take
the work of some term a second time over, and probably of
more than one term, because of the long intervals between his
terms of attendance.

CAUSES AND REMEDIES.

It would be interesting to make a thorough investigation of
the causes that account for this small amount of schooling on
the part of the average pupil; in fact, it is absolutely neces¬
sary to secure a correct diagnosis of the case before adequate
remedies can be applied. It is rather a thankless task, how¬
ever, for everybody considers himself able to point out the real
difficulty; although there should be no need, before a scientific
association, for saying that only the judgment of the specialist
is of much value. It is a difficult problem in itself and is not
the problem of this paper; therefore only a few brief sugges¬
tions have been added by request.

The actions of pupils, like those of other people, are governed
by their interests. To a great extent they do not like the school
or the teacher, or they like other things better. But the control¬
ling motive is to do as their parents wish or command. Hence we
must determine what causes the attitude of parents in regard to
sending their children to school. I answer without hesitation that
the chief factors are economic conditions. Too many either cannot
support their children as they desire, or cannot spare them through
a longer period of schooling; others simply wish the wages their
children may earn more than they wish their education. A
few are opposed to higher education. Others humor their chil¬
dren in their dislike of school. But a most important motive
still remains, namely, the wish to live in accordance with the
social demands of the community or to obey the law which the
community makes.

So we finally must ascertain the causes of the social senti¬
ment which may lead as one result to compulsory education
laws. An analysis would reduce this sentiment to ideas con¬
cerning the safety of the state and the need of education —

280 Folkmar — The Duration of School Attendance.

ideas that are inherited rather than reached through rational
conviction, ideas that are a survival of the fittest. Dr. Harris
rationally voices this thought in his relating education to the
“needs of civilization.”

Which, now, are the chief causes of early withdrawal from
school? Is not the greatest cause the economic? If so, the
remedy is to be found in improving the economic conditions,
and we know that this is not easily done. The next best remedy
is to educate parents and the community to the need of more
schooling; but this is a slow process. The most direct remedy
is the enactment and enforcement of a good compulsory educa¬
tion law. This may, in turn, require a brief term of education
on the part of the law makers and the makers of public opin¬
ion. But it must be recognized that another great deficiency is
the failure on the part of the teacher to make school work as
interesting as it should be. The remedy in this case is to edu¬
cate better the teachers and to exercise more care in the selec¬
tion of them. One further suggestion may be made. Since the
child’s education is not now compulsory before the age of seven,
add a year or two before that in the compulsory education law,
and provide kindergartens for the earlier work.

SUMMARY.

The chief proposition which has been elaborated in the fore¬
going pages maybe stated as follows: Of all that enter the
public schools of Chicago and Milwaukee,

(1) About one- third go no further than the first grade;

(2) About one-half go no further than the second grade;

(3) About two-thirds go no further than the third grade;

(4) About three-fouths go no further than the fourth grade ;

(5) About nine-tenths go only half way through the twelve
grades ;

(6) About ninety-seven in every hundred drop out before
reaching the High School;

(7) Only three in every thousand finish the entire course.

Or, more exactly, the following per cents drop out at each grade:

Grade, 1 2 3 4 5 6 7 8 9 10 11.

Per cent., 32 51 66 78 86 92 95 97 98.6 99.3 99.7.

Summary.

281

Another line of argument leads to the conclusion that the
schooling of the average pupil does not embrace more than
three grades. Although the evidence is far from sufficient, it
further appears probable that these statements hold true of the
average citizen of the United States wherever found.

282 Folkmar — The Duration of School Attendance.

o

60

a

o

Id

O

»o

£

1

<s>

For the School Year Ending in —

1894.

54,935

30,645

27,267

22,888

135,735

17, 430

12, 183

7,866

5,670

43, 149

2,699

1,709

1,050

707

6,165

185,049

185,358

1893.

C— ao
tdai'ifsaT

.M r-<

122,139

16,382

11,035

6,301

4,985

38,703

2,627

1,591

1,024

697

5,939

Is II
111

24

90

166,895

:

1892.

46,404

27,703

23,814

18,348

116,269

14,877

10, 154

6,027

4,679

35, 737

2,614

1,489

941

595

1

ID

157, 645

05

157, 743

1891.

SSS3

oo®o

NCO'-H*

'SWNrt

gl

1

13,191

8,441

5,871

4,202

31,708

2,362

1,326

810

483

4,981

sl

ID 1

<xT

13

86

OD

146,751

1890.

C<1 03 i-H CO

S8J8SS

^CvICMrH

102,418

11,943

8,147

5,028

3,714

28,832

1,960

1,107

653

480

4,200

©

1

ID

CO

•

■H rH

75

ID

irT

CO

1889.

29, 610
17,772
14, 579
10, 631

72,592

t- "M ~Tt1

18,511

1 S23S

j

2,543

93,646

•

•

■H t-

35 CO

CO

05

1

29,479
17, 165
13,410
9,981

70,035

00 ^ CO CO

S838

t^irsoOT-T

17,208

! (M -NJ OO

1 §2835

2,286

if

cT

CO

1 j

4y

89,578

1887.

27,954

16,627

12,971

9,015

66,567

7,037

4, 632
2,824
1.707

16,200

1

1 oooicco

1

2,087

ID
CO 1

OO

48

84,902

1886.

28,444

15,838

12,227

8,974

65,483

6,971

4, 433
2,604
1,503

15,511

1 co c— ifs

1 C5tf5CMi-l

1

1,959

82,953

• •

ey

83,022

1885.

28,288

15,007

11,512

8,511

Is

js

t"“ CO tH 03
CO rc OO HO

1 SO 05 * "rH

j CO MNH

14,203

t^oicoco

x>co its

1 OO-^OJ rH

1,701

79,222

•

54

79,276

1884.

§3o£5

OO D- ID ID

CD CO r-T 00
(NHH

60, 747

5,988
3,796
2, 532
1,398

2

k

CO-r* CO CD

1,535

CD

05

irT

yo ^

* 1 ©
co

t-

1883.

25,621
13,261
11, 358
7, 833

58,073

5,997

3,678

2,181

1,094

12,950

1

1

1,436

72,459

60S‘SL

0Q

1882.

23, 795
12,839
10,770
8,014

55,448

| C- ID 05 r-

O CO ID

1 C0^05tH

j KSMrirt

11,748

671

362

211

133

1,377

68,573

41

68,614

1881.

20,459

11,409

10,395

7,968

50,231

5,411

3,194

.2,000

1,016

11,621

; ©OO OIOS

lO CO ©

II lO'# rH

II

1,236

i

1 i

53

63, 141

1880.

18,572

10,813

10,558

7,231

47,174

4,739

3,291

1,906

923

10,859

772

483

91

114

1,460

59,493

1

:

i

69

59,562

Grade.

First .

Second .

Third .

Fourth .

Total Primary .

Fifth .

Sixth .

Seventh .

Eighth .

Total Grammar . .

Ninth .

Tenth .

Eleventh. .

Twelfth .

Total High School . .

Corrected totals .

Post-graduate .

Deaf motes and waifs . .

Ungraded .

Published totals .

* Including 205 in House of Correction.

Statistics,

283

Table II. — Average Daily Membership. — Chicago, 1875-76 to 1880-81.

Grade.

For the School Year Ending in —

1876. .

1877.

1878.

1879.

1880.

1881.

First .

8,936

10,242.8

10,619.7

11,472.4

11,155.0

11,788.3

Second .

8,857

8,133.1

8,061.2

8,300.5

8,779.6

9,147.3

Third .

6,672

7,160.4

7,843.4

8.402,7

8,278.3

8,664.9

Fourth .

4,648

5,003.1

5,465.6

5,329.2

6,255.9

6,646.8

Total Primary .

29, 113

30,539.4

31,989.9

33,504.8

34,468.8

36,247.3

Fifth .

3,089

2,853.9

3,223.8

3,933.4

4,242.7

4,689.0

Sixth .

2,29C

2,460.2

2,359.2

2,501.4

2,659.0

2,796.3

Seventh .

1,586

1,486.9

1,675.9

1,654.3

1,728.5

1,821.0

Eighth . , .

994

867.9

988.6

835.7

768.6

898.7

Total Grammar .

7,959

7,668.9

8,247.4

8,924.8

9,398.8

10,205.0

Ninth .

550.5

674.3

743.2

644.0

582.5

477.5

Tenth .

239.8

396.2

441.0

465.6

420.1

355.0

Eleventh .

76.2

56.9

91.7

111.4

71.3

146.9

Twelfth .

63.7

50.5

56.1

66.6

105.1

63.7

Total High School .

917.8

1,177.9

1,332.0

1,287.6

1,179.0

1,043.1

Totals .

37,989.8

39,386.2

41,569.3

43,717.2

45,075.9

47,523.0

284 FolJcmar — The Duration of School Attendance.

Statistics.

285

b£

c3

O

*J3

Q

I

'e

05

05

05

'S

g

o

5*

<»

>■©

o

&5

t

For the School Year Ending in—

32.28

50.60

66.14

77.66

86.20

91.80

95.22

97.41

98.62

99.34

99.74

100.00

* 1
s 1

29.68

46.24

60.98

73.35

82.77

89.36

93.61

96.67

98.13

99.05

99.62

100.00

1893.

28.26

45.91

61.33

73.24

83.06

89.68

93.46

96.45

98.03

98.98

99.59

100.00

1892.

29.43

47.01

62.12

73.77

83.24

89.70

93.52

96.49

98.15

99.09

99.69

100.00

1891.

29.74

47.85

62.72

75.01

84.00

89.76

93.76

96.62

98.23

99.13

99.68

100.00

1890.

30.68

48.44

64.22

75.61

84.45

90.45

94.17

96.92

98.36

99.17

99.65

100.00

G*

QO

GO

31.61

50. 9

66.21

77.56

85.79

91.38

95.02

97.31

98.50

99.18

99.65

100.00

1888.

32.93

51 99

67.08

78.23

86.17

91.83

95.32

97.45

98.55

99.22

99.70

100.00

OO

QO

32.95

52.54

67.83

78.46

86.75

92.20

95.53

97.54

98.59

98.33

99.77

100.00

1886.

34.28

53.42

68.16

79.96

88.36

93.70

96.84

97.65

98.79

99.45

99.80

100.00

1885.

35.62

54.64

69.19

79.93

88.30

93.26

96.01

97.84

L

98.89

99.50

99.80

100.00

OO

oo

35.38

53.55

68.77

79.97

87.85

92.84

96.17

98.01 !

98.98

99.53

99.80

100.00

1883.

35.36

53.67

69.35

£0.14

88.42

93.50

96.51

98.02

99.00

99.57

99.81

100.00

1882.

34.70

53.42

69.13

80.86

88.46

93.50

96.30

97.99

98.97

99.50

99.81

100.00

1881.

32.43

50.52

67.00

79.62

88.20

93.26

96.43

98.04

98.91

99.62

99.89

100.00

1880.

31.12

49.29

67.07

79.22

87.21

92.74

96.99

97.55

98.85

99.66

99.81

100.00

Grade.

First .

Second .

Third .

Fourth .

Fifth . . . .

Sixth . .

Seventh. .

Eighth .

Ninth .

Tenth .

Eleventh . . .

Twelfth .

286 Folkmar — The Duration of School Attendance

Table VI. — Per Cent, of Enrollment in Each Grade with Corrections for Kindergarten and High School— Milwaukee.

Statistics.

287

288 FolJcmar — The Duration of School Attendance.

Table VIII.— Number of Pupils Promoted— Chicago.

Statistics.

289

For the School Year Ending in—

1894

26,550

24,052

21,500

18,273

13,715

9,376

6,493

4,928

1893

25,506

22,925

19,988

15,515

11,666

8,199

5,541

4,046

1892

22,980

20,616

17,796

14,165

10,478

7,724

4,900

3,887

1891

21,371

19, 173

16,207

13,421

9,786

6,348

4,651

3,458

1890

20,187

17, 530

15,831

12,057

8,616

6,086

4,021

3, 133

1889

13,624

12,491

10,268

8,184

5,733

3,768

2,717

1,924

1888

11,912

10,706

9,057

7,080

4,814

3,328

2,112

1,634

1887

10,395

9,530

8,147

5,912

4,475

2,902

1,928

1,389

1886

10,317

9, 109

7,791

6,056

4,256

2,880

1,758

1,285

QO

oo

10, 101

8,642

7,440

5, 571

3,928

2,520

1,515

1,227

1884

9,238

7,684

6,532

4,953

t- m o co

Cl O 00

1-H O lO TH

ec n ih i-Z

Grade to Which Promoted.

Second .

Third . . . . .

Fourth .

Fifth . . .

_____ i

Sixth . . .

Seventh . —

Eighth . . . —

High School . • • • •

19

290

FolJcmar — The Duration of School Attendance.

Table IX. — True or Entrance Enrollment. — Chicago.

Grade.

Enrollment
(15 years.)

Per cent,
not pro¬
moted.

Corrected

enrollment.

Per Cent.

Dropped.

In each
grade.

By end of
each
grade.

First .

492, 738

45

339,819

26.7

27

Second . .

282,992

33

212, 776

16.7

43

Third .

239, 135

25

187,308

14.7

58

Fourth .

181,272

10

164,792

12.9

71

Fifth .

136, 631

136, 631

10.7

82

Sixth .

90,683

90,683

7.2

89

Seventh .

55, 793

55,793

4.4

93

Eighth .

37,547

37, 547

3.0

96

Ninth .

20, 467

20,467

1.7

98

Tenth .

12,240

12,240

1.0

99

Eleventh .

7,118

7,118

.6

99.6

Twelfth .

4,719

4,719

.4

100

Totals .

1,561,335

1,270,893

100.0

Statistics.

291

Table X. — Method of Obtaining Population Corrections. (Illustrated
for the class entering in 1879-80.)

Year.

Census.

Increase
over 1880.

Per cent,
of

increase. 1

Increments. i

Population

corrections

Grades.

Actual.

Estimated.

1880....

491,516

0

0

0

0

0

First.

1881....

7.0

7.0

Second.

1882....

560, 693

69, 177

14.0

14.0

7.0

14.0

Third.

1883....

7.0

21.0

Fourth

1884....

629,985

138,469

28.1

14.1

7.1

28.1

Fifth.

1885....

7.3

35.4

Sixth.

1886....

703,817

212,301

43.1

15.0

7.7

43.1

Seventh.

1887 ....

9.0

52.1

Eighth.

1888....

802,651

311,135

63.3

20.2

11.2

63.3

Ninth.

1889....

11.5

74.8

Tenth.

1890....

1,208,669

717,153

145.9

82.6

(59.1)’

145.9

Eleventh.

12.0

1891 ....

(21.3)’

179.7

Twelfth.

12.5

1892.. .

1,438,010

946,494

192.7

46.8

13.0

192.7

1893....

13.0

205.7

1894....

1,567,727

1,076,034

218.9

26.2

13.2

218.9

i Computed on population of 1880.

’The real increments very large, on account of annexed districts in 1890 and 1891 ; the
per cents, given in parenthesis would have been normal increments, as is evident from
the rest.

Table XI.— Population Corrections.

(“Numbers not in bold type are estimated.)

292

Folkmar — The Duration of School Attendance.

1891-92

6-8

Vf

'0

1890-91

1

0.

4.5

9.3

14.3

%

s

88

rH

!

0.

13. &

18.9

24.1

39.5

05

°p

1

0.

42.2

59.7

65.7

71.8

78.1

1887-88

0.

5.5

50.5

72.2

79.3

86.2

93.5

1886-87

0.

7.0

14.2

61.7

85.5

93.5

101.5

109.8

1885-86

0.

7.0

14.4

22.4

71.7

79.7

104.3

113.3

133.6

1884-85

0.

5.5

12.8

20.8

29.3

81.1

107.3

116.7

126.2

136.0

1883-84

0.

5.5

11.5

19.0

37.4

36.2

90.9

118.8

138.5

138.5

148.9

1882-83

0.

6 0

12.0

18.4

26.1

35.1

44.4

102.2

130.9

141 3

152.0

163 0

1881-82

0.

6.0

13.3

18.8

35.7

33.7

43.1

53.1

115.5

145.4

156.4

167.9

179.6

| 1880-81

0.

6.5

13.0

19.6

26.4

33.6

42.1

52.3

63.1

128.4

160.1

172.2

184.4

196.8

H

▼H

eo

OO

05

05

eo

eg

eo

10

eJ

m

' — >

X

w

tH

<£>

H

H

H

— < CO

28 §8 §8 §8 SB <8

tH t*1 r- 1 t— I tH t-H

oo oo oo oo

Table XII.— Estimated Per Cents of Increase of Population.

Statistics.

293

Table XIII. — Enrollment by Classes. — Chicago. Fifteen Years.

294

Folkmar — The Duration of School Attendance.

Table XIV .—Corrected Enrollment by Classes. — Chicago.

Statistics.

295

Table XV. — Number Dropped Out by End of Each Grade. — Chicago.

296

Folkmar — The Duration of School Attendance .

1892-93

:

18,980

1891-92

18,220

21,366

1890-91

17,094

20,069

23,580

1889-90

18,153

21,534

25, 552

28,103

1888-89

12,696

16,084

18, 537

20,075

22,770

1887-88

12,634

15,273

18,998

21,166

i

23,554

25,414

1886-87

11,912

15,188

18,416

20,843

22,707

24,827

25,252

1885-86

12,905

16,722

19,759

21,489

23, 746

25,494

26, 107

27,232

1884-85

13,278

16,777

20,026

22,331

23,795

25,456

26, 129

27, 133

27,564

! 1883-84

-

12,607

15,825

19,315

21,303

23,047

24,257

24,970

25,746

26,224

26,468

1882-83

12,619

15,343

18,142

20,049

21, 873

23,252

23,785

24, 598

25,004

25,215

25,353

25,621

1881-82

11,286

13,495

16,631

18,251

20,331

21,614

22,395

22, 886

23,255

23,428

23,535

23, 795

1880-81

8,404

10,408

13,347

15,209

17,141

18,261

19,210

19, 777

19,980

20,148

I

20,241

20,459

1879-80

7,910

9, 125

12,097

13,894

15,664

16,751

17,449

17,971

18,202

18,348

18,399

18,572

: "3 :

3 | 5

•H Cj Jh

fee C H

A

a -S

— - -r

.*« _« > .6c

fe in 02 fe

: : -a •

: . +2 ^

_ a a

tf t> %

a © >

•>H <P f— < !>

2 Eh W H

Table XVI. — Per Cent, of First Grade Enrollment Dropped Out by End of Each Grade— Chicago.

Statistics.

297

298

Folkmar — The Duration of School Attendance.

Table XVII Aver aye Per Cent . of First Grade Enrollment
Dropped out by End of Each Grade. — Chicago.

Grade.

Averages of 4 Years.

1880-83.

1884-87.

1888-91.

First .

45.49

44.51

41.64

Second .

54.58

57.76

50.99

Third .

67.75

69.26

60.60

Fourth . . .

76.04

76.84

Fifth .

84.77

83.75

Sixth .

90.08

89.65

Seventh .

93.89

91.83

Eighth . . . . .

96.36

Ninth .

97.46

Tenth .

98.49

Eleventh .

99.06

Twelfth .

100.00

Statistics,

299

Table XVIII. — Influence of Death upon Duration of School Attend¬
ance.

I.

Grade.

II.

Corres¬

ponding

age-

III.

Printed
per cent,
of deaths.

IV.

Per cent,
dropped
out.

V.

Per cent,
remaining.

VI.

Corrected
per cent,
of deaths.

VII.

Total per
cent, drop¬
ped by
death .

First — . .

7

92

43.29

100.00

.92

.92

Second .

8

77

53.79

56.71

.43

1.35

Third .

9

66

65.87

46.21

.30

1.65

Fourth .

10

58

74.42

34.13

.20

1.85

Fifth .

11

52

83.08

25.58

.13

1.98

Sixth .

12

50

89.07

16.92

.08

2.06

Seventh .

13

49

92.85

10.93

.05

2.11

Eighth .

14

51

96.20

7.15

.04

2.15

Ninth .

15

54

97.48

3.80

.020

2.170

Tenth .

16

58

98.48

2.52

.013

2.183

Eleventh .

17

64

99.06

1.52

.010

2.198

Twelfth .

18

71

100.00

.94

.006

2.199

Table XIX. — Enrollment by Classes. — Milwaukee. Nineteen Years.

800

Folkmar-

The Duration of School Attendance.

Table XX. — Number Dropped Out by End of Each Grade. — Milwaukee.

Statistics.

301

Class Entering in the School Year—

1896-97

1895-96

3,146

1

Cp

.as !

OO

i-H »

3,004

3,331

05

SO

05

GO

3,854

4,029

4,356

1892-93

4,130

4,567

4,701

5,069

1891-92

4,160

4,333

4,749

5,065

5,413

1890-91

3,880

4,432

4,531

5,048

r— t’-

CO t—

to

1889-90

3,885

4,281

4,610

4,981

5,315

5,637

5,931

1888-89

3,791

4,176

4,573

5,051

5,291

5,495

5,746

- 00 1
OO

OO

OO

rH

3,225

3,562

3,981

4,403

4,788

4,987

5,223

1886-87

OO — • C5 OO

O 05 o -H

C<1 CO CL>

| CO W ^ rji'

1 i

5,082

5,374

5,496

:

1885-86

2,935

3,379

3,679

4,090

4,543

4,922

5,090

1881-85

3,271

8, 504

3,739

4,138

4, 729

5,089

5,292

1883-81

3,777

3,855

4,171

4,615

! 5,134

5,452

5,658

1882-83

3,311

3,293

3,858

4,280

4,770

5,052

5,218

1881-82

3, 141

3,228

3,583

4,006

4,411

4,739

4,913

1880-81

2, 573

2,674

2,945

3,382

3,699

4,016

4,219

s

05

£

l co co c-

CM -H JO O

O O X# OS

co co eo co

4,246

4,486

4,657

05

00

00

t- ^ oo co

8 ^ So &

N N N n

3, 534

3,841

4,072

Grade.

First .

Second . .

Third .

Fourth .

Fifth .

i i

Q a

d

d

D

D

Q

302

FolJcmar — The Duration of School Attendance .

Statistics.

303

Table XXII. — Per Cent, that Dropped out ajter Corrections for
Double Enrollment. — Chicago.

(Illustrated for the middle year, 1886-87.)

Grades.

Enroll me i

i]

As

Printed.

*T FOR CLi
ng in 1886-8

As Com

By popula¬
tion.

tss Enter-
7.

•ected.

Also by
double en¬
rollment.

Per Cents
as cor¬
rected.

-First . .

27,954

27,954

15,374

30.89

Second .

17,165

16,042

10,784

37.74

Third .

14,579

12,768

9,574

44.23

Fourth .

15,423

9,538

8,584

53.74

Fifth .

13,191

7,111

7,111

65. S7

Sixth .

10,154

5,247

5,247

79.85

Seventh .

6,310

3,127

3,127

82.35

Eighth . . .

5,670

2,702

2,702

89.37

Ninth .

3,598

1,635*

1,635

93.18

Tenth .

2,408

1,047*

1,047

95.35

Eleventh .

1,711

713*

713

* See Table X. Population in 1896 was 1,619,226.

304

Folkmar — The Duration of School Attendance.

Table XXIII. — Final Conclusions as to Per Cents that Drop Out.

Grade.

By Deductive Method.

By Inductive Method.

Chicago.

“ Mini¬
mum.”
(Table IX.)

Milwaukee .
Not actual
enrollment.
(Table VII.)

Chicago.
Actual
enrollment.
(Table IV.)

Chicago.
Corrected
for double
enrollment.
(Table
XXII.)

Chicago.

“ Maxi¬
mum.”
(Table
XVI.)

Milwaukee.
Not actual
enrollment.
t (Table
XXI.)

First .

27

35

33

31

43

56

Second .

43

51

51

38

54

59

Third .

58

65

66

44

66

66

Fourth .

71

76

78

54

74

74

Fifth .

82

85

86

66

83

81

Sixth .

89

91

93

80

89

87

Seventh .

93

95

95

82

93

90

Eighth .

96

97

97

89

96

Ninth .

98.0

98.6

93.1

97.5

Tenth .

99.0

99.3

95.4

98.5

Eleventh ....

99.6

99.7

99.1

Twelfth .

100.0

100.0

100.0

100.0

Statistics,

30 a

Table XXIV. — Public and Private Schools of Chicago , 1893-94.

Teachers.

Pupils.

Male.

Female

Male.

Female

Under
21 yrs.

Over
21 yrs.

Public Schools.

Primary and Grammar Departments

124

3,427

178,884

High School . . . . . .

99

102

6,189

Unclassified . . . .

32

28

285

Totals . . .

255

3,557

—

185,358

Evening Schools . . . .

(4:

10)

14,200

4,069

18,269

Other than Public Schools.

Kindergarten. . . . . .

7

321

1,516

2,255

2,663

988

Private . . . . . . . . . .

99

201

2,385

2,594

4,520

459

Church or Parochial . . . . .

238

948

29,303

31,921

80,523

339

Other Educational Institutions .

550

281

8, 193

7,426

9,477

4,972

Totals . . . .

894

1,751

41,397

44, 196

77,183

6,758

Grand Totals (Public and Private

Schools) . . . . . .

1,149

5,308

262,541

6,758

20

306

Sanborn — Railroad Land Grants.

RAILROAD LAND GRANTS.

JOHN BELL SANBORN, L. M.

The act of September 20, 1850, granting lands for the Illinois
Central and the Mobile and Ohio railroads, marked an import¬
ant epoch in the history of our public domain, being the first
of a series of laws whereby some 155 million acres were granted,
directly or indirectly, to railroads.1 It has been customary to
date the history of railroad land grants from the passage of this
act. However, for some twelve years previous the question had
received considerable attention in Congress.

The first, and for 17 years the only, land grant law was an
act of March 2, 1833, 2 by which the grant for the Michigan and
Illinois canal was transferred to the aid of a railroad. But this
was never utilized3 and has little bearing on the subsequent
legislation, although made on the same principle as later grants.

The first serious attempt to secure lands for a railroad was
made in 1838. At that time a bill granting lands to the Mount
Carmel and New Albany Railroad company was favorably re¬
ported in the Senate.4 The bill was supported by the argument
which was to become classical in such discussions — that it

Donaldson, Public Domain, p. 273.

2 4 Statutes at Large, p. 662.

3 Donaldson, p. 261.

4 Senate Documents , 2nd Bess., 25th Cong., No. 203. New Albany was
at the falls of the Ohio river and Mount Carmel at those of the Wabash.
With the proposed railroads in Illinois the low water of the Ohio would be
avoided and an outlet to the Mississippi secured for the products of Ohio,
Indiana, and Kentucky. See “ Report of committee and memorial of cit¬
izens of New Orleans,” Sen. Docs., 3rd Se3s., 25th Cong., No. 49. For
the Illinois internal improvement scheme of 1837, see Moses, Illinois ,
Historical and Statistical, I, 411.

An Epoch in the History of our Public Domain. 307

would enable the government to dispose quickly of the remain¬
ing public lands along the road. On the other hand, its
opponents saw a bargain with a corporation, especially as the
grant was made directly to the company. It failed of passage
by a vote of 11 to 23. 1 Various attempts were made to pass
this bill after it had been amended so that the grant was made
to the state and not to the company, but all were unsucessfui.

In 1845 the attempts to obtain a land grant began again, this
time from Mississippi. A bill granting lands to this state
for a railroad passed the Senate by the decisive vote of
28 to 8. 2 In the House, however, it was entirely ignored. The
greater favor which land grants have always received in the
Senate was due, doubtless, to the proportionately greater rep¬
resentation of the newer states, in which the public lands were
situated.3

How far the Senate would go in the disposal of the public
lands in aid of railroads was shown in the next Congress when
a veritable “omnibus ” land grant bill passed that body. The
original bill had been for a grant to Alabama and Mississippi
for a road from Mobile to the mouth of the Ohio.4 This was
successively amended so as to include grants for a road from Jack-
son, Mississippi, to the Alabama state line, and a road from
Hannibal to St. Joseph, Missouri.5 When the bill reached the
House it almost slipped through, apparently unnoticed. It was
ordered to a third reading after some slight discussion and with¬
out a division.® But the next day the House seems to have dis¬
covered what it had done, the vote was reconsidered, and the
bill laid on the table, 102 ayes to 79 noes.7

1 Globe , 2nd Sess., 25th Cong., 434. This was on a motion to strike out
all after the enacting clause.

2 Globe , 1st Sess., 29th Cong., 752.

3 This fact is noticeable throughout the history of the land grants. In
general, the votes on which the ayes and noes were taken show the new
states in favor of and the old states against the land grants. However,
conclusions in regard to the matter are uncertain as the ayes and noes
were seldom taken in the Senate.

4 Globe , 1st Ses3., 30th Cong., 999.

6 Ibid., 1051. The vote on the third reading of the bill was 34 to 15.

6 Ibid., 1059.

7 Ibid., 1062.

308

Sanborn — Railroad Land Grants.

It was about this time that the attempts to secure a land
grant for Illinois began. Senator Breese had done something
before, but the real work began when Stephen A. Douglas en¬
tered the Senate in 1848. As active in this as in political
questions, to him belongs the credit for the final passage of the
Illinois Central bill.1 In the thirtieth Congress the Illinois
bill — substantially as it became a law, except for the grants
to Alabama and Mississippi — -passed the Senate but failed in
the House. During the next Congress it passed both houses
and became a law September 20, 1850. 2 Its passage in the
House seems to have been secured by an alliance between the
western Democrats and the eastern Whigs and the trading of
votes on the tariff question.3 It appears, however, that the
Democrats did not deliver the goods contracted for, much to the
sorrow of the advocates of other land grant bills.4 I cannot
accept the account of the passage of the bill as given by Doug¬
las,5 as there are a number of inconsistencies in his version of
the affair.

Before its passage the bill was amended so as to include
grants to Alabama and Mississippi for a continuation of the road
from the mouth of the Ohio to Mobile. The road contemplated
in the bill thus made a north and south highway following the
natural trend of commerce down the Mississippi river. And it
is significant that it was the only great north and south grant
made, thus marking the change of commercial channels to east
and west which took place about this time.

1 For controversy between Breese and Douglas as to their respective
shares in the honor of securing the grant, see letters in the Chicago Times,
republished in Fergus Historical Series , No. 23, pp. 63-98. Breese seems
to have been more cautious and considered a right of preemption all that
could be secured, while Douglas was willing to risk all on an attempt to
secure the grant of lands. Breese was chairman of the Public Lands com¬
mittee in 1848-49, but only urged his preemption bill. Shields had suc¬
ceeded Breese when the bill passed.

2 9 Statutes at Large , p. 466.

3 See Wentworth, “Congressional Reminiscenses,” Fergus Historical
Series, No. 24, p. 40.

4 Globe, 1st Sess., 31st Cong., 1953.

6 Cutts, A Brief Treatise upon Constitutional and Party Questions ,
p. 187; quoted by Donaldson, p. 262.

The “ Land Oivner" Theory of Land Grants.

309

Briefly summarized, the provisions of the bill, which served
as a model for future acts, were as follows: The alternate even-
numbered sections for six miles on each side of the road were
granted to the state, to be used in aid of a railroad. Deficien¬
cies within these six mile limits were to be made up from lands
not more than fifteen miles from the road. Lands were to be
used only as the work progressed and for no other purpose.
The lands left the government within six miles of the road
were not to be sold for less than the double minimum, $2.50
per acre. Property of the United States was to be transported
free and the whole road was to be completed within ten years.

These provisions were largely a result of the political theories
of the time regarding internal improvements and the public
lands. The words " internal improvements ” had been sufficient
to frighten any politician since Jackson’s veto of the Maysville
road bill in 1830. Then the great value of the public domain,
" the heritage of the people, ” had long been impressed on Con¬
gressmen. It was manifestly impossible to grant the public
lands to aid the construction of a railroad. To obviate this
difficulty, to enable the United States to both eat and keep its
cake, the “ land owner ” theory of the grants was evolved. This
theory was as follows: The United States, a great land owner,
has large tracts of unsalable land. Acting as a prudent land
owner it will donate half of these lands to a railroad, the con¬
struction of which will render the remaining half salable, and,
by doubling the price of the remaining lands, will lose nothing by
the transaction.1 2 This was not internal improvements — even the
logical Calhoun could find no hint of such a thing in the plan.1

Some of the ideas of the time in regard to transportation are
shown by the restriction of the indemnity limits to fifteen

1 “ The Federal Government is a great land- holder; it possesses an ex¬
tensive public domain. . . . We may bestow them [the public lands]

for school purposes, or we may bestow a portion of them for the purpose
of improving the value of the rest.” Lewis Cass, Globe, 1st Sess., 30th
Cong., App., p. 536.

2 “ I do not think that there is a principle more perfectly clear from
doubt than this one is. It does not belong to the category of internal im¬
provements at all.” Ibid., App., p. 537.

310

Sanborn — Railroad Land Grants.

miles, as the greatest distance the influence of the road would
be felt. This was the argument for this restriction; but just
how this amendment came to be adopted, is not clear. It was
offered in the Senate by Jefferson Davis, but he afterwards
said that he would not press the matter,1 and there is no rec¬
ord of a vote being taken upon it. Yet this provision appears
in the bill as published and was incorporated in subsequent
bills.

The chief objections to the act came from those who claimed
that the grant was but a masked form of internal improvements
and, as such, was clearly unconstitutional.2 The danger of cor¬
porate power and land monopoly were also urged.

In the next Congress much more interest was taken in the
land grant bill. In fact, the question of the compromise seems
to have absorbed most of the attention given to political sub¬
jects in 1850, and the fine spun arguments on land grants made
to empty seats.3 But in 1852 there was not only more time
but more occasion for interest in the public lands.4

For a new idea in regard to our public domain was making
itself felt. Heretofore the lands had been held for gain, and, as
we have seen, that was the ground on which the land grant had
been made. But the contrary idea had been announced by the
convention held at Buffalo, August 9, 1848, which had declared
for “free soil ” not only in the sense of political freedom but of
economic freedom as well.5 6 They did not foresee the day when
no one would doubt either proposition.

3 Ibid., 1st Sess., 31st Cong., 90-1.

2 “ To say that you can get round the Constitution by granting the pub¬
lic lands, instead of taking the money directly out of the treasury, is cer¬
tainly trifling with the judgment of this body.” Niles (Conn.), Globe , 1st
Sess., 30th Cong., App., p. 535.

“ The deserted seats of the Senate were in the course of to-day ad¬
dressed by Mr. Benton who made some brief and beautiful remarks in
favor of the bill making a donation of alternate sections of the public
lands to aid railroad-making in Illinois.” Letter of Pike to New York
Tribune , Weekly Tribune , May 11, 1850.

4 “ This question of grants of the public lands is engrossing, and is likely
to engross, much of the time of the session. It is in fact the great lead¬

ing topic of interest.” Ibid., Semi-Weekly Tribune, Feb. 24, 1852.

6Stanwood, Presidential Elections , 4th ed., 175.

Objections Raised to Land Grants.

311

Protests against the doubling of the price of the reserved
lands had been made when the Illinois bill had been considered.
Senator Walker of our own state had objected to this feature of
the bill and had announced his intention of introducing a bill
making grants to actual settlers, but it was not until the next
Congress that such objections became general.

Opposition between the advocates of the Homestead and Land
grant bills was very natural. If land could be had for the for¬
mality of settling upon and improving it, the sale of the rail¬
road lands would suffer; while a grant to a railroad would with¬
draw a considerable amount of land from the operation of the
Homestead law. In the House it was said that the only for¬
midable opposition to the Homestead law came from those favor¬
ing land grants.1 It is also noticeable that the Homestead law
passed the House, the foe of land grants; and failed in the
Senate, the friend of land grants.

Another cause for objection to land grants was in the fact
that the old states having no public lands could receive no bene¬
fit from the system. Tennessee and Kentucky had objected to
being left out of the grants for the road from Chicago to
Mobile, and had endeaved to secure an amendment whereby a
part of the grant could be used for a road in those states.2 But
this was not in accord with the “ land owner ” theory and so
was rejected.

In 1852 Mr. Bennett, of New York, reported a bill from the
committee on public lands making a general grant of lands to
the “ land ” states in aid of railroads and to the " non-land ”
states in aid of education.3 This passed the House, with little

1 Globe , 1st Sess., 32nd Cong., App. 574. For an opposite view, see speech
of Mr. Hendricks, Ibid., App , pp. 482-485.

2 Globe, 1st Sess., 31st Cong., 867-874, 900.

3 The amounts were as follows: Missouri 3,000,000 acres; Alabama
2,500,000; Iowa 3,000,000; Michigan 2,500,000; Wisconsin 2,500,000;
Louisiana 2,500,000; Mississippi 2,000,000; Florida 2,000,000; Arkansas
3,000,000; California 3,000,000; Illinois 1,000,000; Indiana 1,000,000 and
all unappropriated public lands in the state; Ohio 2,000,000 and all un¬
appropriated public lands; the other states, except Texas, 150, 000 acres
for each senator and representative in the 32d Congress; each territory
and the District of Columbia 150,000 acres. Globe , 1st Sess., 32d Cong.,
1536-1538.

312

Sanborn — Railroad Land Grants.

discussion, by a vote of 95 to 92. Party lines were sharply
drawn in this vote, the Democrats being 26 for the bill and 87
against, and the Whigs 66 for the bill and 4 against.1 The
Senate refused to take up the bill, by a vote of 22 to 23, there
being 15 Whig votes for consideration and 1 against, while the
Democrats voted 6 for and 20 against.2 It seems to me that if
this bill could have become a law, as would have been the case
but for the Democratic opposition to a “ general ” system of in¬
ternal improvements, the question of railroad land grants would
have been solved much better than it actually was.

In spite of opposition a number of grants were made. In
1852 there was one to Missouri,3 and at the second session of
that Congress a further grant to Missouri and one to Arkansas.4
In 1854 a grant was made to the territory of Minnesota,5 but
this was repealed soon after. The reason for its repeal well
shows the peculiar idea that these grants were not made to
corporations. As it passed the House the bill had forbidden a
grant of the lands by the state to any corporation then exist¬
ing. By a slight change, made after engrossment, this pro¬
hibition was partly removed. When this change was discovered
the law was repealed, as such a grant to a corporation was
considered unconstitutional.6 The repealing bill passed the
Senate as a “ rider ” to a private bill, objection having been
made to its consideration in its original form.7

By 1856 land grants were gaining in favor and the constitu¬
tional scruples against; them seem to have weakened.8 The first
session of the thirty-fourth Congress passed acts granting lands
in aid of railroads to seven states.9 The discussion of the Iowa

1 Vote on the third reading of the bill. There were also 3 Free-Soil votes

for and 1 against the bill. Ibid., 1603.

3 Senate Journal , 1st Sess., 32d Cong., 660.

3 10 Statutes at Large , p. 8.

4 Ibid., p. 155.

5 Ibid., p. 302.

6 Globe, 1st Sess., 33d Cong., 1888-89, 1891, 2091. For validity of re¬
peal see Rice v. Minn. <fe N. W. R. R. Co ., 1 Black, 358.

1 Globe, 1st Sess., 33d Cong., 2172-2178.

8 See speech of Mr. Jones, of Tennessee, Globe , 1st Sess., 31th Cong.,
1328-9; and amendment by Mr. Letcher, of Virginia, Ibid., 1915.

9 Donaldson, pp. 269-270.

Lavishness of the Grants .

813

bill in the senate indicates the general feeling on the subject.

y

The bill already provided for four roads in the state, and there
was a long and fervid discussion as to whether or not a fifth
road should be added.1 * Grants to Minnesota were made in 1857J
and then the matter rested for five years. The crisis of 1857
and the war were ample checks to railroad building.

In 1862 the long agitated grant to the Union Pacific was
made, being the first made directly to a corporation. After
this the grants were chiefly renewals of previous grants or for
the Pacific railroads.3

Congress was for some years quite lavish in the disposal of
the public domain, and the acts were passed after little con¬
sideration. Senator Morrill remarked in 1864 that he did know
“ that anybody takes any interest in them except as a matter of
locality. ” 4 The renewals were made in as lavish a manner,
“almost without question,” as Mr. Hendricks said.5

The grant to Kansas in 1863 changed the size of the grants
from six miles to ten and the indemnity limits from fifteen
miles to twenty.6 The change seems to have been made in this
instance on the plea that the reduced quantity of the public
lands along the road made the grant no more than equal to the
previous ones.7 But, when once established, the precedent was
easy to follow, and subsequent grants and renewals were made
on the new basis.

In 1868-69 attempts were made to secure the forfeiture of
grants to the southern states, but for political rather than
economic reasons. The disloyalty of the states and the use of
the roads to aid the rebellion were urged as reasons for such a
forfeiture, and a bill to that effect passed the House8 but failed
in the Senate.

1 Globe , 1st Sess., 31th Cong., 1187, 1207-1220.

3 Donaldson, p. 270.

3 Ibid., pp. 270-272.

4 Globe , 1st Sess., 38th Cong., 1744.

8 Globe , 2d Sess., 40th Cong., 244.

6 12 Statutes at Large, p. 772.

7 Globe, 3d. Sess, 37th Cong., 1158.

8 Globe, 2nd Sess., 40 Cong., 833-35.

314

Sanborn — Railroad Land Grants.

The last land grant made was that to the Texas Pacific in
1871, but the end of the question did not come for some twenty
years later. Many of the roads had not been completed within
the time prescribed by law, and on some of them no work had
been done. The theory in such cases had been that the lands
reverted to the government without further action. But in
1875 in a Wisconsin case, Schulenberg v. Ilarriman ,J it was de¬
cided that, as the grants were on condition subsequent and not
precedent, some action must be taken by the government to as¬
sert its right of reentry and title to the lands. Congressional
action thus became necessary and in 1876 a bill forfeiting lands
granted to Kansas was passed.* 2 Lands so forfeited were to be
open to settlement under the Homestead law only. The next
year the grant to the Kansas and Neosha Valley railroad was
forfeited.3 This act is said to have been introduced at the re¬
quest of the company itself, on account of the hostile feeling of
settlers along its line.4 Other local forfeitures were made from
time to time, the most important being that of the Atlantic
and Pacific in 1886. In 1883 quite a comprehensive forfeiture
bill had passed the House,5 but was defeated in the Senate.

In 1888 a bill was introduced in the Senate, forfeiting, in the
grants to states or corporations for railroads, all lands lying
opposite portions of the road not then constructed.6 After
minor amendments it passed the Senate,7 and went to the
House. Three reports on the bill were made from the com¬
mittee on Public Lands. That of the majority, headed by the
chairman, Mr. Holman, favored the forfeiture of the lands
opposite all portions of the road not completed within the time
required by law. A minority of four favored the bill as it
passed the Senate, and another minority, of two, wished to for-

' 21 Wall., p. 44.

2 19 Statutes at Large, p. 101.

3 Ibid., p. 404.

4 Record, 2nd Sess., 44th Cong., p. 1510.

b Record, 1st Sess., 48th Cong., 779-87.

6 Record, 1st Sess., 50th Cong., 3033.

7 Ibid., 3612, 3674, 3802, 3874, 3924. There would have been forfeited by
this bill lands opposite 1,049 miles of railroad; House Reports, 1st Sess.,
50th Cong., No. 2476.

Forfeiture of Land Grants. 315

feit the entire grant when all the conditions had not been com¬
plied with.1

Here were three, and probably the only three, possible plans
for the forfeiture of land grants. In equity that of the Senate
seems the only just one. The long acquiescence of the govern¬
ment in the continued building of the land grant roads and its
failure to assert a forfeiture, should have estopped any action
as to the portions of the roads already constructed. And it
may be doubted if such an action would have been constitutional.
While the question never came before the Supreme court, the
language used in the case of Van Wyck v. Knevals probably car¬
ried that implication.2 The majority amendment, however, was
adopted and the bill passed by a vote of 179 to 8. 3 The Senate
would not agree to the amendment, and, after a conference ex¬
tending through the remainder of that session and all of the
next, no agreement was reached.

In 1890 the Senate passed a forfeiture bill very similar to
that of two years before.4 This time the House committee was
willing to agree to the Senate proposition as the only practi¬
cable one.5 Mr. Holman again offered his plan of forfeiture but
it was twice rejected by the House.6 The plan of a complete
forfeiture was submitted in a modified form so that the Attorney
General was to bring suit to enforce such a forfeiture.7 This
was also rejected8 and the bill, with some amendments, passed.9

1 Ibid. The amendment proposed by the committee would have for¬
feited lands along 4,598 miles of road. The amount forfeited by the
minority amendment was not estimated.

2 “ So far as that portion of the road which was completed and accepted
is concerned, the contract of the company was executed; and as to the
lands patented, the transaction on the part of the government was closed
and the title of the company perfected.’’ 106 U. S., 360. See also speech
of Mr. Oates, Record , 1st Sess., 50th Cong., 5929-5931.

3 Record , 1st Sess., 50th Cong., 5935, 5939.

4 Record, 1st Sess., 51st Cong., 3971.

6 House Reports , 1st Sess., 51st Cong., No. 2215.

6 Record , 1st Sess., 51st Cong., 7012, 7382, 7387, App., 574.

1 Ibid., 7013.

* Ibid., 7387.

9 Ibid., 7389.

316

Sanborn — Railroad Land Grants .

After a conference with the Senate on the amendments the bill
passed both houses,1 and became a law September 29, 1890, al¬
most exactly 40 years after the signing of the Illinois Central
bill.

Madison , Wis ., October , 1898.

1 In the Senate all those voting for the bill were Republicans and all
those voting against it were Democrats. Ibid., 10085.

AN HISTORICAL NOTE ON EARLY AMERICAN
RAILWAYS.

CHARLES H. CHANDLER, A. M.,

Professor of Mathematics and Astronomy , Ripon College.

The incidents here presented, related by one who had a little
part in the early work on one of the first railroads, and supple¬
mented by items gathered from the newspapers of nearly seventy
years ago, may suggest that certain questions of to-day, such
as the proper length of franchises and the relations of the state to
public conveyance, are merely old questions in somewhat changed
forms ; and may also suggest difficulties presented to the earlier
efforts which are so foreign to our present conditions that they
could hardly have a place in our thought.

As is well known, American railroads had their origin not
far from the year 1830. Fifteen miles of the Baltimore and
Ohio were open to passengers in that year. Perhaps some of
us recall a picture, in a book on United States history studied
by our parents or by ourselves, of one of their cars somewhat
resembling a summer street car of a dozen or more years ago,
and, like that, drawn by horses, but with accommodations for an
additional load of passengers upon its top. The question of
priority in the use of locomotives is subject to conflicting claims,
but it is at least certain that the Mohawk and Hudson, the
Baltimore and Ohio, and the South Carolina railroads had taken
this step in 1832. Notices of New England roads are less fre¬
quent, but certainly that section of the country, largely occupied
with mechanical labor, was not greatly behind. The Boston
and Quincy road was opened in 1827, but not for passengers.
The burden borne by this road was principally Quincy granite,
and the motive power was that of horses. But plans for loco¬
motive railways were “ in the air, ” and very many lines were

818

Chandler — Early American Railways.

already strenuously advocated. Early in 1829 preliminary sur¬
veys and estimates of expense had been made and were being
urged upon the attention of the Massachusetts legislature in the
interest of roads from Boston to the Hudson River and from
Boston to Providence; and in February of that year the legisla¬
ture appropriated $250 to pay for a survey from Plymouth to
Wareham, a distance of perhaps a dozen miles on a line where
no road has as yet been built, nor is apparently likely to be. But
at about the same time the same body refused to order the Com¬
mittee on Railways and Canals to consider the expediency of
constructing a railroad from Boston to Lowell at the expense
of the Commonwealth. The Senate, however, voted that it was
expedient for the Commonwealth to contribute funds for the
construction of the proposed roads to the Hudson River and to
Providence. Thus early the problem of state ownership came
to the front, it being a fiercely debated question whether the
construction of railroads was the proper work of the Common¬
wealth, or should be left to private enterprise, a third party ad¬
vocating the latter method supplemented by gifts from the
public treasury, a by no means unfamiliar desire at the present
day.

The message to the Legislature of Gov. Levi Lincoln in June,
1829 (for at that time the Legislature met semi-annually),
urged that earnest attention should be given to the subject, al¬
though he avoided all expression of opinion in respect to the
ownership question; nor did he commit himself on the more
fundamental question whether railroads really offered the best
and most practicable improvement of the means of inter-com¬
munication. Still he had no doubt that the proposed road from
Boston to the Hudson would sometime be built. If at that
time they were not yet prepared, he was sure that a not remote
generation would build it. It seems a little strange that lines
to what were then distant regions found more favor with the
public than proposed shorter lines for local convenience. Dur¬
ing this June session $250 were appropriated fora survey of the
Boston and Lowell route ; and to the line between these places
most of the remainder of this paper is devoted.

At that time there were 44 miles of completed railroad in the

An Historical Note .

319

United States, 442 miles more in progress of construction, and
697 more projected. An item in the newspapers at about that
time stated that it had been found on the Baltimore and Ohio
road, that a single horse could draw thirty-four tons. At this
time the population of Boston was about 60,000, and that of
Lowell one-tenth as much. It was estimated that 15,000 tons of
freight were carried each year between those places, and that
no less than 37,000 people annually went over the intervening
miles. The public accommodation afforded to this daily supply
of a hundred passengers consisted first of a daily stage, to
which was added in 1830 a second stage going and returning
on alternate days. The journey occupied about three hours,
and the fare was one dollar and a quarter. A second means of
travel during the summer was by canal boat which required
seven hours for the passage, besides an additional hour or there¬
abouts at each end of the route, made necessary by the fact that
the canal did not extend quite to either Boston or Lowell. But,
for this delay compensation was offered by a reduction of ex¬
pense, the canal fare being only seventy-five cents, while the
stage annex at the Boston end required twelve and one-half
cents more. The like accommodation at the Lowell end seems
to have sometimes been given without cost, and at other times
each stage demanded of those who did not prefer to walk the
sum of “fo’ pence ha’penny,” which, being interpreted, is six
and a quarter cents. In the winter the canal boat was replaced
by a tri- weekly stage serving the public at the reduced rate of
one dollar per passage.

It was estimated that a single line of rails over the route
contemplated would require an expenditure of $168,000, or
$7 ,100 for each of the twenty-three and one-half miles to be cov¬
ered, and $320,000, nearly twice as much, for a double track.
A depression of business tended to delay effort for a few months,
but at the next session of the Legislature a large part of Gov.
Lincoln’s message was devoted to railroad projects. He empha¬
sized their desirability by the consideration, that by them the
expense of traveling would be diminished three-fourths and the
time two-thirds. Moreover, he urged that the estimated ex¬
penses were so great as to make the project impossible for un-

320

Chandler — Early American Railways.

assisted private means, and that therefore the state must neces¬
sarily give aid. In spite of the business depression, new roads
were being constantly projected, one being contemplated to ex¬
tend from Boston to Lake Champlain. But the Boston and
Lowell met with special opposition from various sources. Not
only did the promoters of the through line to the Hudson op¬
pose all local roads, as tending to absorb money needed for their
own enterprise, but the Middlesex Canal, with its line of boats
before mentioned, was a powerful opponent, claiming that its
own charter gave it a monopoly of transportation over its line.
This claim, however, the Legislature disallowed ; and apparently
the road would have secured its charter at this session but for
the reappearance of the desire for a monopoly on the part of its
projectors, who claimed that without some security of that sort
it would be impossible to obtain the means necessary for con¬
struction. They therefore sought a provision in their charter,
that no other railroad running from Boston and passing within
five miles of the Lowell terminus of the proposed road should
be allowed for a period of forty years. In return for this grant
they offered to accept a provision that at the end of every four
years the Legislature might so reduce their tolls as to prevent
their income from rising above ten per cent, per annum, and
also another clause giving power to the state to purchase the
road at the end of ten years by the payment of its cost and ten
per cent, per annum less the income already received. The
Legislature refused to grant the charter; but, before the ensu¬
ing June session, efficient influences were apparently brought
into play; and on the first day of that session the act of incor¬
poration was again presented, referred to a special committee
under the chairmanship of the member from Lowell presenting
the bill, and very speedily was enacted, changed only by short¬
ening the forty years of monopoly provided by the bill of six
months before to a term of thirty years. One peculiarity of the
charter was a power granted the company to establish toll gates
upon the road, a provision seeming to contemplate a public high¬
way upon which private carriages could pass by payment of toll.
But during the delay in obtaining the charter the estimated ex¬
penses of construction had largely increased, and stock amount-

An Historical Note.

321

ing to half a million dollars was offered in the form of one thou¬
sand shares of $500 each, it being the expectation that the en¬
tire work would be undertaken by a small number of capitalists.
On the first day three hundred and fifty shares were sold condi¬
tioned upon the sale of seven hundred and fifty shares before
the first meeting. But at this point the sale stopped ; and be¬
fore a great while the entire enterprise was transferred to a
number of the members of the corporation known as the Pro¬
prietors of Locks and Canals, which had a large control in all
the business of Lowell, and by this management the road was
carried to completion. But its progress was slow; and it was
not until 1835 that the road was opened for travel, in the same
year with the opening of the Boston and Providence and the
Boston and Worcester roads.

Before this completion the originally estimated cost of
$169,000 had increased to $1,800,000. But the constant pur¬
pose was that all the work should be thoroughly done; and after
its completion a less number of laborers were retained to keep
it in repair than now constitute an ordinary section gang, it
having been so well built that it was believed to be practically
indestructible, so that no repairs worth consideration would be
required for a long term of years. In fact, however, at the ex¬
piration of this expected term of endurance of the road, it was
not thought that a single piece of the original road remained in
its place. Among the supposed durable features of the con¬
struction was a complete outfit of granite ties, which unfortun¬
ately proved not only to be anything but comfortable for the
passengers, but also to break in rapid succession beneath the
blows transmitted by the rails from the passing train.

Probably the unyielding granite had a part in augmenting
the difficulties which were presented by the sad imperfections
of the locomotives. Professor Thurston, in his “History of the
Growth of the Steam Engine,” says that the Locks and Canals
Company of Lowell began the manufacture of locomotives as
early as 1834. But it is very certain that the two first engines
on this line, which was practically their own property, were
imported from England. During the first summer, that of
1835, only one locomotive was employed, which made one com-
21

822 Chandler — Early American Railways.

plete trip per day, starting from Lowell in the morning and
returning from Boston in the afternoon. Probably the time had
then been some years past when, as we are told, the sturdy
English promoters of the advancing steam power were greatly
pleased at the improved workmanship which gave them engine
cylinders (so-called) which varied but three-eighths of an inch
from a true cylindrical form. But the makers of the first loco¬
motive on the Boston and Lowell road had not yet learned by
experience sound rules in respect to the best proportions of
parts and their relative strength. So it was that, while the
new engine did not lose a trip during the season, it not infre¬
quently crawled with difficulty back to Lowell far behind its
time. My father, James Chandler, was then in the employ of
the company, and the needed repairs were committed to him.
He has told me that sometimes the entire night was consumed
in restoring the enfeebled iron steed to a sufficiently sound state
of health to allow the next day’s trip; and that twice, at least,
nothing prevented its absence from the route, over which there
was no possible substitute to be sent, except that its weakness
chanced to assail it on Saturday afternoon.

Another peculiar condition was added to the situation by the
attitude of the English engineers who were generally engaged
to run the early engines imported, and who apparently expected
to retain a monopoly of the business of locomotive engineer in
this country. The first Boston and Lowell engine was brought
from England in separate pieces, and carried in wagons to the
shops in Lowell, where my father and another skilled mechanic
were detailed to put it into running order upon the track. The
English engineer had not yet arrived, and neither of the men.
to whom this novel job was given had ever seen a locomotive. It
therefore seemed advisable that they should visit Boston and ex¬
amine another locomotive, which for a short time had been mak¬
ing trips of ten or a dozen miles upon the Worcester road. But
on their arrival at Boston they were not allowed to approach the
engine and acquire a knowledge of its mysterious construction ;
and an explanation of their reason for wishing to examine it
made the engineer’s prohibition more positive. At that time
working drawings were unknown, or at least, very rarely seen,

An Historical Note.

323

and it was therefore necessary to set up the engine with no
other guidance than was furnished by numbers in red paint
upon the different parts. It is far from strange that the work¬
men in such an unknown field of labor, without any of the
special facilities now furnished for such work, made many er¬
rors, and were often forced to remove parts already correctly
adjusted in order to place other parts requiring earlier places.
But their efforts were finally successful, and the engine was in
working order upon the arrival of its engineer. It was, then,
not strange that when a second engine was imported, it was
thought practicable to intrust it to a Yankee engineer, es¬
pecially since the English engineer was at hand to initiate his
fellow into the new work. This, however, “Engineer Number
One” considered entirely impracticable, declaring that the en¬
gine would certainly fail of success under an unskilled Ameri¬
can, but kindly offering to send across the ocean and get a
friend of his own to accept the position. The management,
however, had confidence in their employee’s mechanical ability,
and, persisting in their plan, the English engineer was obliged
to assent although with many doleful prophecies of evil. And
surely enough the troubles came, and frequently was it found
necessary to call for the assistance of the first engineer before
the new engine would do its duty. He came readily enough
when needed, although with many an “ I told you so, ” but he
avoided telling his fellow engineer where the difficulties lay, as¬
cribing the trouble to a general lack of ability to keep the en¬
gine in order, a theory apparently borne out by the numerous
changes and adjustments made here and there before he declared
the engine in sound condition. This unsatisfactory state con¬
tinued until the managers were almost ready to yield to the
supposed need of English skill. The American engineer, how¬
ever, had not been entirely unobserving, while the Englishman
had been skilfully concealing his real changes in the adjust¬
ment and readjustment of other parts by useless motions, but
was sure that he had found where the difficulty lay. So, when
one morning he found a mal-adjustment of a part of his engine
which he knew was in place when he left it the night before,
the cause of his trouble became clear to his mind. But h&

324

Chandler — Early American Railivays.

wisely sent for the usual aid, which was given with the usual
concealing prolixity, and all went well that day. The Ameri¬
can now concluded that it would be well to spend his nights in
a concealed nook of the engine house; and before long, as he ex¬
pected, the expert Englishman paid a visit to the engine of his
unskilful fellow, and once more was called in the morning to
remedy the work of the night. But the next nocturnal visit
had another witness, and on the following morning, and there¬
after, two Yankee engineers ran the Boston and Lowell engines.

With which incident, showing that the traits of human nature
occasionally manifested in later days during labor troubles are
new only as the conditions have changed, this note on early
railroads ends.

Ripon , Wis., October , 1898.

ON SOME DIFFERENCES BETWEEN PRIVATE AND
PUBLIC BUSINESS.

ERNEST BRUNCKEN.

At the beginning of American governments their administra¬
tive systems were uniformly of a very simple nature.
The functions of the government were few and uncomplicated,
the amounts disbursed comparatively small. The relative
homogeneity of the population and the absence of large cities
helped to make this simplicity possible, which the Jeffersonian
school of statesmanship endeavored to maintain as a necessary
condition for the success of Democratic institutions. Dur¬
ing this period the notion became prevalent that public busi¬
ness can be transacted by any person of ordinary intelligence,
and does not require special training. This notion is still
almost universally accepted, although the primitive simplicity
has given way in the administration of federal, state, and munic¬
ipal affairs to a system of great complexity.

Perhaps it would be more correct to say that the original
notion of the uselessness of special training for public business
has been modified into a belief that the same kind of training
which is required for success in private business, is sufficient
for efficiency in public administration. The best recommenda¬
tion which the ordinary newspaper or stump speaker knows to
give to a candidate for office, elective or appointive, is that he
is a good business man, meaning invariably that he has skill
and experience in some of the various forms of money-making.
In the mouths of those who somewhat ostentatiously call them¬
selves reformers, the same idea is almost always found. They
tell us that public affairs should be administered as any other
business is, implying thereby that no essential difference exists

826

BruncJcen — Private and Public Business.

between the purposes and methods of public administration and
those of private commercial and industrial enterprises.

The object of this paper is to show that there are differences
between the purposes and methods of public and private busi¬
ness, not merely of detail, but of essential nature; and that con¬
sequently the training acquired in private business is not of the
same character as that needed in public affairs.1

These differences concern (1) the purposes ; and (2) the methods
by which these purposes are sought to be accomplished.

I. THE DIFFERENCES IN PURPOSES.

There are two principal differences between private commer¬
cial and industrial enterprises and public administration. One
refers to the fact that private business has for its object the
acquisition of money; public business, the expenditure of it.
The other difference grows out of the fact that in private busi¬
ness the interests of the business man himself are to be pro¬
moted,2 while in public affairs the interests of the official and
the “ proprietor ” of the enterprise, if that term may be used,
are separate.

1. Public business is concerned with the expenditure, not the
acquisition of money. Prom this fact a number of important
consequences follow. Of course, it is part of the necessary ma¬
chinery of public administration to collect the funds which are
to be expended. But this portion of the administrative busi¬
ness is merely incidental and preliminary to the real work, that
of expenditure. Looking at the matter from the standpoint of
political economy, we may say that public administration deals
with consumption, not with production. The funds necessary
for its purposes are obtained, not through the production and
exchange of commodities, but from contributions of the wealth
already accumulated. This contribution takes place in the form

1 The word public ” in this paper is applied not only to public business
in the strict sense, but also to the administration of the affairs of munic¬
ipal corporations.

2 Except in the cases of administrators, receivers, assignees, and other
trusteeships, which are of an exceptional and ordinarily temporary charac¬
ter.

The Differences in Purposes.

827

<of various kinds of taxation.3 The money raised in this way
is not “ invested,” in the strict sense of that term, that is, used
as capital for the purpose of creating additional wealth, but is
consumed by the paying of salaries to the administrative agents
and the erection of public works. This does not exclude, how¬
ever, the indirect facilitation, by means of this species of con¬
sumption, of the production of wealth on the part of private
producers. In fact, one of the principal objects of government
and public administration must be such facilitation. But di¬
rectly public business deals only with consumption.

From this circumstance it follows that such principles of the
conduct of private business, as have their basis in the fact that
such business has for its object the production of wealth, are
not applicable to public affairs. What these principles are, will
be inquired later.

2. The persons having to deal with public business are invar¬
iably in the position of trustees, managing affairs not their
own, while in private business the opposite is the rule.

To avoid misunderstanding, it may not be amiss to warn
against the confusion of trustees in the sense in which it is
used here (which is of course not the strict legal sense), and
employees. Private business, of course, is conducted to a very
large extent by employees, who may have a very large amount
of discretion; yet the real direction always lies in the hands
of the proprietor, against whose decision there is no recourse.
In public administration, there is not only a class of employees,
whose discretion, if they have any, is of a limited kind, but the
direction of affairs itself is in the hands of parties who are not
themselves the owners of the enterprise, but who for a time
represent the owners, that is the whole body of the citizens,
and over whom, while they are in office, the owners have no
direct control. In private business, this condition of things is
approximated in the case of corporations, where the ultimate
owners, to- wit, the stock -holders, are represented by the di-

3 There is an exception to this rule in cases where municipalities and other
public agencies conduct productive enterprises, as water and gas works,
etc. But these cases are, in this country at least, of little importance and
may be disregarded for the purposes of this disquisition.

328

BruncJcen — Private and Public Business.

rectors. But even in those cases the directors are in a different
relation to the stockholders from that of the officers of a gov¬
ernment to the citizens, as will appear in a moment. In a
private enterprise the interests of the owners as a whole and
those of the managing agents must be identical. When they
cease to be so the enterprise itself must come to an end, or the
agents must give their places to others. An attempt on the
part of the agents to keep themselves in power notwithstanding
such conflict of interests is prevented or punished by the law as
a species of fraud. Equally, in a private enterprise, the inter¬
ests of all the proprietors must be in harmony, or the enter¬
prise must cease. The law enforces the dissolution in case of
conflicting interests. This is true in cases where the property
is in the hands of a corporation as well as where it is owned by
a partnership. The legal mode of procedure only is different in
the two cases.

In the case of public administration it is very different.
There not only the interests of the body of owners and the man¬
aging agents may be, and often are, different, but the interests of
different sections of the proprietors are usually in conflict. But
the fact that the private interests of a public officer are opposed
to those of the community he serves, is not of itself ground for
his removal. The law expects him to disregard his individual
interests on pain of punishment and disgrace. Far less is a
conflict of interests within the body of the citizens cause for
dissolution of the commonwealth, in the same sense in which it
is cause for the dissolution of a private partnership. Such
conflicts of interest, however, within the community are not
the exception, but the rule, even in a small commonwealth like
a rural township, much more so in a large city?" or a state. They
grow out of differences ’ in wealth, occupation, nationality, reli¬
gion, party affiliations, and a score of other things which divide
large bodies of men.

Another circumstance which renders the position of the direc¬
tor of a corporation, as a representative of his stockholders,
different from that of a public officer, is this: In most cases a
director is a large stockholder himself; not infrequently his
entire wealth consists in his stock. Consequently he has a very

The Differences in Method.

829

direct and important motive to promote the prosperity of his
corporation, entirely apart from moral considerations. The
material welfare of a public officer is very rarely so closely
bound up with the welfare of the community whose affairs are
intrusted to him. On the other hand, it is not rarely the case
that he would serve his own interests better if he disregarded
the welfare of the commonwealth; as for instance, where the
public good clearly demands the curtailment of the functions or
emoluments of his own office. It appears, therefore, that the
motives of a public officer to promote the welfare of his com¬
monwealth, are confined to moral considerations — honor, pa¬
triotism, possibly ambition. Of course, theoretically the good
of the community is the good of every member of it, and so of
the officer himself as one member. But this consideration is so
remote that its power as a motive is probably as nothing if
contrasted wfith the influence of a direct individual interest.

II. THE DIFFERENCES IN METHOD.

We now come to the consideration of the differences in the
methods according to which private and public business are
conducted. These differences are in part the consequence of
the differences in purpose of which we have spoken; in part
they are the effect of other causes. Leaving out of account
some minor differences, there are three of an important char¬
acter. These we will now discuss in order:

1. In the conduct of private business the discretion of the
proprietors, or in case of corporations their representatives,
the directors, is almost unlimited. As long as they confine
themselves to the limits drawn by the law for the protection of
strangers, they may adopt any policy they like, or no policy at
all. Shall not a man do as he likes with his own? They may
act wisely and carefully, or they may squander their resources
through lack of skill or industry. They may even destroy their
property and nobody has a right to interfere as long as credit¬
ors and other outsiders are not injured thereby. Far different
are the conditions under which public officials work. Their dis¬
cretion is limited and guided by positive rules, which they

330

Bruncken — Private and Public Business.

themselves cannot change. As rules and laws must of necessity
be framed so as to cover the normal conditions but cannot pos¬
sibly foresee exceptional cases, circumstances may and very
often do arise in which these rules, even if they are wise in
themselves, become a hindrance rather than a promotion of the
end they seek to attain. If such a thing happened in private
business, the obnoxious rule would simply be suspended for the
particular instance. In public affairs there is usually nobody
who has the power to do so; and even if it could be suspended,
it would commonly be unwise to do so. The public officer is
therefore compelled to do the best he can, but to follow the law
even at the price of injury or inconvenience to the public in¬
terest.

The system of confining the discretion of public officers by
definite general rules, even at the risk of frequent inconven-
iencies, is undoubtedly a wise one. -It marks the difference
between a free and an arbitrary form of government. But at
the same time it cannot be denied that the drawbacks of such
a system are manifold, as every person ‘of practical experience
in public administration knows. No judgment of the character
of any given instance of public administrative work can be
correct or fair which fails to recognize the effects of this limi¬
tation.

2. In private business, ordinarily, authority and responsi¬
bility is undivided. .Corporations almost always employ a
general manager, most often himself a director and stockholder,
who has practically unlimited power to conduct the business as
he deems best. Where there is but a single proprietor, the
question of divided authority can not arise at all. Where there
are several partners their interests as well as habits and opin¬
ions are usually so similar that a conflict of authority seldom
arises. Moreover, it is very common to find one partner the
only active manager, while the others take little part in the
conduct of business. The methods of private business are there¬
fore, like those of absolute government, irresponsible and un¬
limited power in the hands of the manager.

Far different is the case with public administration under a
representative government. Here it is the exception to find

The Differences in Method.

331

discretion lodged in an individual, and where it is so lodged it
is confined to some narrowly circumscribed department of busi¬
ness. The second great difference between the methods of priv¬
ate and public business is therefore this, that in the latter the
officer must, in every important step, have the consent of others.

A large portion of all public business is transacted by com¬
mittees, boards, and similar bodies, the members of which are
of equal authority individually, and the acts of which are done
according to majority votes. Furthermore, the entire system
of administration is split up into a number of co-ordinate de¬
partments. These are not, ordinarily, subordinate to a central
directing authority, but are each independent within its sphere,
and at most responsible for results rather than for the details
of their work to a central body. This central body, in the form
of a legislature, common council, or similar institution, com¬
monly has power to make general rules, provide the necessary
funds and inquire into the conduct of the administrative officers,
but rarely issues direct executive orders.

This elaborate division and co-ordination of powers is a ne¬
cessity flowing from the principles of representative govern¬
ment. But the independence of the various departments is an
abstraction rather than a reality. As a matter of practice,
there is hardly any business of importance in which two or
more of the departments are not concerned. It is necessary,
therefore, for the efficient dispatch of business that the differ¬
ent departments do not work at cross purposes ; that their sys¬
tems and habits correspond; that the personnel work harm¬
oniously into each other’s hands.

It appears, therefore, that one of the most important qualities
of a public official is the ability to work with others over whom
he has no control. The assistants of the private business man
are his subordinates. They must obey his orders, and if they
will not or cannot do so, he may discharge them. The public
officer has often but limited power of enforcing obedience even
on the part of those w’ho are his subordinates. But besides his
subordinates he has to deal with others who are co-ordinate in
authority with him, and over whom he has no control except
that based on persuasion.

332

Brunclcen — Private and Public Business.

3. A third important difference grows out of the fact that
private business concerns none but the owner, and criticism by
others is an impertinence and need not be heeded. Public
business, on the other hand, is liable to the criticism of every¬
body, and under a free government such criticism is the right of
anyone who chooses to exercise it. This condition cannot but
exercise a considerable modifying influence on the manner in
which public business is transacted. Theoretically it ought not
to do so. It is the duty of the officer to do his work according
to law and the precepts of his own conscience, in utter disre¬
gard of the loss or gain of popularity. But as long as public
officers are subject to all the frailties of human nature, we shall
find that they will consider not only what will be the best way
of doing business but also what will make the best impression
upon the public. This will not become a real fault until the
tendency becomes so strong that important interests are sac¬
rificed to a desire for popularity. The necessity of doing busi¬
ness under fire of criticism reaches an acute stage when mat¬
ters are to be transacted in meetings of boards and committees,
which are open to the public and where spectators may be
hostile and demonstrative. From all conditions of this sort
private business is entirely free.

There is a fourth difference between the methods of public
and of most kinds of private business; but it is a difference not
of kind like those treated above, but of degree and therefore of
less importance. This arises out of the great volume of busi¬
ness connected with public affairs. This requires that the
division of labor be carried a very great way. In this respect
large private enterprises, as for instance great railway corpora¬
tions, are exactly similar to governmental agencies. It is the
culmination of a process which begins when a small trader who
has theretofore done all his work himself hires a clerk to assist
him. The principal practical result of this extensive division
of labor is that the transaction of a particular piece of business
by a large corporation or government takes far more time than
it would take with a small concern, because it must be sub¬
mitted to a number of different officials. This is the red tape.

The Differences in Method.

333

of which we hear so much complaint but against which nobody
has ever found an effective remedy.

The above analysis of the distinctions which must be made be¬
tween the nature of public and private busines shows clearly
that private business and public administration belong to dif¬
ferent classes of human activity, and are not as may appear to
a superficial observer, the same thing except for a difference in
a few accidental details. It shows that the favorite phrase of
many who aspire to reform our municipal governments in par¬
ticular, that a city is merely a business corporation and should
be managed like a business enterprise is far from the truth if
thereby is meant that the city is in essentials alike to a rail¬
way or manufacturing corporation. 4

We now come to inquire as to whether the qualities of an
efficient public officer and those required of a man in private
business are the same, and whether the training acquired in
private business of itself qualifies for success in public affairs.

There are certain general qualities of mind and character
which are undoubtedly desirable in both spheres of life. A
public official should be industrious, accurate, methodical, regu¬
lar in his habits; these qualities private business training tends
to develop. He should have some insight into human nature
and know how to deal with men of all classes; this also is
learned in many branches of private business. He should be
honest; whether that quality is, on the whole, promoted by
private business experience will have to be affirmed or denied
according to the conclusions we reach as to the prevailing
standard of business morality — a question into which we can¬
not enter in this place.

Aside from these elementary qualities, it does not seem to
me that the experience and training one gets in private busi¬
ness life is the best training for the conduct of public affairs.
On the contrary, it may be disadvantageous by forming habits
which are in conflict with the habits that best qualify for pub¬
lic life. From this it does not follow, of course, that a man of

4 We do not consider in this paper the further and very important dif¬
ference that a city is entrusted, to a great extent, with the exercise of the
police power.

334

BruncJcen — Private and Public Business.

business experience may not also be a good public administra¬
tive officer. That conclusion would be contradicted by the ex¬
perience of every day. The statement merely means that busi¬
ness skill and experience is not in itself a guarantee of good ad¬
ministrative ability.

Among the habits fostered by private business life and inim¬
ical to efficiency in public affairs is, first of all, that of con-
sidering*every expenditure a loss unless it brings a return in
profits or interest. Here is a concrete example of this kind of
error: In the city of Milwaukee the question is now being dis¬
cussed whether the municipality had better dispose of its garb¬
age in a plant owned by itself. Men of undoubted business
capacity argue against this plan on the ground that probably
the city would not reap a profit on its investment for the pur¬
pose, although they admit that the sum heretofore annually paid
to contractors is greater than any possible loss it could suffer
in the enterprise.

Of much greater disadvantage for efficiency in public affairs
is the fact that to most business men it is impossible to become
used to acting according to the rules the law prescribes. With
the most scrupulous intention to comply with restrictions that
seem to them foolish technicalities, they cannot always resist
the temptation to make short cuts across them if thereby they
can expedite business or effect economy. This phase of the sub¬
ject is particularly noticeable in the small administrative boards
which are entrusted with special branches of administration,
like municipal park, library, or museum boards. They are
often intentionally composed of men without other experience
in public life, with the well-meant intention of “ keeping them
out of politics. ” The blunders frequently made by boards of
this kind, through sheer lack of experience and the inopportune
application of the methods of private business, would be an in¬
structive and sometime startling chapter in the history of mu¬
nicipal government.

A third and still greater disadvantage of private business train¬
ing is the arbitrary habits which it fosters, and the almost en¬
tire absence of training in the art of persuading others. The
business man is accustomed to issue orders; he is likely to become

The Differences in Method.

335

■unable to brook opposition. Transplanted into the sphere of
public life he finds that he must accommodate himself to others;
must seek to convince or at least to persuade them; must some¬
times give way to their desires, at other times submit to com¬
promises. All this he must do while being exposed to the
criticism of all who choose to criticise, from the newspapers
down to the loafers at the street corner, a criticism which is
nearly always ignorant and sometimes malignant. All this is
entirely foreign to anything he has experienced in his business
career. * If he is a man of mature years, as is usually the case,
he is not likely to have the power of adapting himself to the
new conditions. * His old habits at one time lead him into an¬
noying conflicts with his associates; at another they cause the
defeat of his measures, notwithstanding their intrinsic excel¬
lence. By and by his usefulness disappears, and the “business
man’s candidate,” the man who perhaps was carried into office
by a sincere popular desire for reform, and whose election was
expected to be the beginning of a new era, retires into private
life glad if his record is nothing worse than that of failure.
These things have happened in every community. The fault
does not lie in our system of government, but in the folly of
imagining that a business training is the best school of the
public administrative officer.

The question naturally arises: Where can such training be
had as will fit a man for public administrative duties? The an¬
swer should be: In administrative office. No man can, generally
speaking, be a good mayor unless he has first been an aider-
man, or has served in some other capacity of a similar nature. If
you find a man who thinks the acceptance of such comparatively
insignificant positions beneath his dignity, you may feel assured
that he is unfit to hold a higher one. The next best school of
the public official is in the caucus, the ward committee, the con¬
vention, in brief, in the entire complex work by which elections
are carried. For there also he will learn to act in connection
with others who are his equals, to persuade and allow himself
to be persuaded. Not that such training alone can be sufficient;
but if he is otherwise qualified, the aspirant for public life will

336

Bruncken — Private and Public Business.

there find a necessary sort of experience which private business
life will never give him.

The politician in the American sense, that is the man who
practices the art of carrying elections, is a necessary part of
our form of government. It is useless to try to abolish him. It
is foolish to malign the whole class because among the number
are some who are corrupt or otherwise disreputable, just as it
would be foolish to malign the whole class of business men be¬
cause many of them are guilty of fraudulent practices. The
true method is not to abolish but to improve politicians by
ceasing to treat them with scurrility and by making their work
attractive to the best men in the community.

Milwaukee , Wis., 1898.

EARLY GENERAL RAILWAY LEGISLATION IN WISCON¬
SIN, 1853-1874.

BALTHASAR H. MEYER, PH. D.

The railway history of Wisconsin before 1853, together with
a detailed study of railway charters granted up to that date,
has been published elsewhere.1 This paper will present the be¬
ginnings of general legislation, leading up to the Potter Law.
The Potter Law itself as well as subsequent legislation will be
reserved for later treatment, so that the Hamlet of our play
will not be introduced to the reader of these paragraphs. The
Granger movement, too, had better be treated in connection
with the Potter Law. Contrary to expectations, the material
on the early periods of Wisconsin railway history accumulated
in such large quantities that the writer did not find it practi¬
cable to attempt to complete the work before publishing these
preliminary chapters, which, in a measure at least, form a uni¬
fied whole.

I. GENERAL LEGISLATION Ifcj OTHER STATES BEFORE 1853. 2

No attempt is made here to present a history of general rail¬
road legislation in the United States ; yet, a cursory glance at
what had been done in some of the other states will supply us
with a fitting background for a study of general legislation in
Wisconsin.

It is generally true that the states began with special legis¬
lation and later drifted into general legislation. The railway
charters granted by the legislatures of different states are essen¬
tially alike, but occasionally we meet provisions which are pe-

3 Wisconsin Historical Collections , Vol. X.

2 Based on Private and Local Laws and Public Laws of the various
states. Poor’s Railroads of the United States , Vol. I, was helpful for
several states.

22

338 Meyer — Early Railroad Legislation in Wisconsin.

culiarly significant. Thus, the first charters granted by Maine
cause a description of the location of the roads to be filed with
the county commissioners, and provide that the books of the
company shall be open for inspection by the governor and coun¬
cil and by a committee duly authorized b^y the legislature. Quite
a comprehensive general law was passed in 1841, J one section of
which has particular interest for us: “No petition for the es¬
tablishment of any railroad corporation shall be acted upon,
unless the same is accompanied and supported by the report of
a skilful engineer, founded on actual examination of the route
and by other evidence, showing the character of the soil, the
manner in which it is proposed to construct such railroad, the
general profile of the country through which it is proposed to
be made, the feasibility of the route, and an estimate of the
probable expense of constructing the same. The petition shall
set forth the places of beginning and end of the proposed rail¬
road, the distance between the same, the general course of said
railroad, together with the name of five towns through which
the saftie, on actual survey, may be found to pass.” In New
York some of the later acts (after 1848) declared the “pub¬
lic use of a railroad ” by showing that the undertaking would be
of “ sufficient utility to justify the taking of private property "
in pursuance of the general act authorizing the formation of
railroad companies. Both of these ideas, a technical prospectus
and the “utility ” of the undertaking as contained in the Maine
and New York laws respectively, were embodied in the preamble
of the Liverpool and Manchester Railroad Bill.1 2 3 The preamble
of the English bill was subjected to prolonged debates in 1825
and 1826, and separately voted on in both houses of parliament*
Only after the preamble had been accepted could the bill itself
receive consideration. The significance of this is self evident.
In Prussia a “ memorial ” performs the functions of the English
preamble. The custom of prefacing a bill with a preamble

1 Revised Statutes of Maine, Ch. 81.

2 See Report to the Directors of the Liverpool and Manchester Rail¬
road, by James Walker; Am. Ed., Philadelphia, 1831, p. 123ff.

3 Hansard’s Parliamentary Debates.

General Legislation in Other States Previous to 185 S. 339

prevailed in the United States early in this century,1 and,
in the absence of general legislation, its discontinuance in case
of railroad bills exerted, perhaps, an unfavorable influence. Had
each bill been subjected to an examination to the extent, at
least, of its preamble, it is probable that many a railroad char¬
ter could not have become law. It would have kept before leg¬
islators the necessity of adopting norms by which a projected
enterprise should be judged, even though the exact and detailed
composition of the English preamble had already been aban¬
doned. The ease with which the right of way could be obtained
was undoubtedly one of the strongest factors tending towards
loose and indiscriminate legislation in this country. In Maine
general legislation had made such headway that by 1848 char¬
ters were granted to railroad companies containing but one or
several short sections ending with the statement that the com¬
pany shall be entitled to “ all the privileges and immunities
usually granted to such corporations. ” But it is strange that
in a number of states 2 charters were granted, after general laws
had been enacted, covering provisions embodied in those laws.
In many cases the existence of general laws seems to have been
ignored in the granting of charters.

In Hew Hampshire3 a general law, providing for expropria¬
tion, railroad crossings, fences, contracts with other railroads,
was passed in 1843, followed in 1844* by “An Act to render
Railroad Corporations public in certain cases, and constituting
a board of Railroad Commissioners. ” The usual contents of a
preamble were embodied in a provision authorizing commission¬
ers to lay out the route only on petition. The state reserved
certain rights, records were to be open for inspection, and the
commissioners were to inspect each railroad. Vermont passed
similar acts in 1846, 1847, and 1849, the latter being a somewhat
comprehensive general law. Pennsylvania passed a general law
in 1849, although a number of subsequent charters ignore it.

1 A preamble of this kind may be found occasionally even after the sev¬
enties.

2 For example, in Vermont, Pennsylvania, Maryland, and Michigan.

3 Laws of New Hampshire, 1843, Ch. 142.

*Laws of 1844, Ch. 93.

340 Meyer — Early Railroad Legislation in Wisconsin.

Maryland enacted laws on accidents, injury to railroad property,
and so on, but passed no general law. In Illinois general legis¬
lation made its appearance in 1849, and previously granted
charters had indicated a tendency in that direction by simply
referring to earlier charters. In Michigan a general law was
not passed until 1855; but as in case of other states, a number
of subsequent charters are as long and involved as if no such
laws had been enacted. Massachusetts began early. In 1833 1
an act was passed "defining the rights and duties of railroad
corporations in certain cases. ” This was included in a larger
act on canals, turnpikes, and railroads. The law also incor¬
porated the idea of a preamble by demanding that the " peti¬
tion ” should be accompanied by the report of a competent en¬
gineer. New York had its crop of special laws like the other
states, but very early drifted into general legislation. As in
case of Maine, Maryland, aud Illinois (and no doubt the same
could be traced in the legislation of other states), New York
charters were abridged by reference to an earlier charter. After
naming the commissioners and stating the name of the corpora¬
tion, capital stock, and other purely individual matters, the
charters grant to the corporation thereby created the powers and
privileges, and subject it to the restrictions and limitations,
prescribed in the charter granted to the Attica and Buffalo Rail¬
road Company.2 The Attica and Buffalo charter was granted
May 3, 1836, 3 and a charter granted May 9, 1836, was the first
to receive the abridged form, while thereafter there is a break
now and then, by granting a charter written out in full, the
great majority of them are shortened by reference to the Attica
and Buffalo charter, until that is superseded by general legisla¬
tion. The same custom can be detected in legislation on other
subjects, but my examination has not been searching enough to
say to what extent this was practiced. But the interesting fact
is to notice how such a custom would almost unconsciously drift

1 Laws 1833, Ch. 187, and Rev. Stat., p. 342.

8 In Maryland like reference was frequently made to the charter of the
Baltimore and Ohio Railroad. The Attica and Buffalo road is now a part
of the New York Central Railroad, and was the last section of the line be¬
tween Buffalo and Albany.

3 Laws 1836, p. 319.

General Legislation in Other States Previous to 1853 . 341

away from special legislation. And after reading several score
of charters in any state, one cannot help but wonder why, in¬
stead of all those long and tiresome repetitions, often with few
or no variations, or with only a slightly transposed order and
miscellaneous omissions, the custom followed so generally in
New York should not have been adopted more widely. Of
course, there was no occasion for it after general legislation
had been enacted. The first comprehensive general act of New
York was passed in 1848. This law prescribed the conditions
under which railroad companies could organize, while the act of
1850, which is the general railroad law of New York, provides
also for the regulation of such companies; and it furthermore
prohibits the formation of corporations by special act “except
for municipal purposes and in cases where, in the judgment of
the legislature, the objects of the corporation can not be at¬
tained under general laws.” But prior to this time New York,
beginning with an act to prevent injury to railroad property
and to insure the safety of passengers, by 1834, had passed no
less than thirty general acts relating to railroads. These laws
embraced such subjects as the relation of railroads to canals,
highways, and Indian lands where they cross the same; subject¬
ing railroads to road tajfes; maps and profiles, contracts among
railroad companies; lending the credit of the state and paying
interest on state loans; requiring annual reports to be made to
the secretary of state (1843); mails; junctions: baggage checks;
altering lines; transportation of freight; suits against com¬
panies; and the destruction of noxious weeds on railroad
grounds.

But the impression must not prevail that there was little
special legislation in New’ York and other states where, fortu¬
nately, general legislation made headway early. The New York
and Erie Railroad secured no less than seventeen amendments
before 1850. The Portsmouth and Concord one amendment for
each of the first ten years of its corporate life. The Western
Branch (Mass. ) charter was amended twenty-two times before
1853, and the Eastern Branch eighteen times; the Housatonic
(Conn.), thirteen from 1838 to 1850; the Camden and Amboy
fifteen; Delaware and Raritan fourteen; the Pennsylvania

342 Meyer — Early Railroad Legislation in Wisconsin.

twenty-two (up to 1854); and the Baltimore and Ohio twenty-
one (from 1828 to 1852). Not a few of these amendments were
confined strictly to matters concerning only the railroad in ques¬
tion, and in these cases general legislation could not well have
obviated certain special acts. However, by far the larger num¬
ber of amendments provided for such matters as an increase of
stock, issuing bonds, holding lands, building a telegraph line,
extending the road or building branches or making connections,
building a bridge or straightening a road; and in such cases a
comprehensive general law could not only have saved much time
and expense, but it would have led to a more uniform and
steady railroad policy.

II. THE GENERAL RAILROAD BILL OP 1853.

If the long array of charters, with all their omissions, incon¬
sistencies, and repetitions, granted before the first general act
was passed by the Wisconsin legislature, gives us a somewhat
displeasing impression as compared with contemporary legisla¬
tion in Eastern States, we must not forget that Wisconsin be¬
gan to build railroads twenty years later. And it seems to
have been the rule not to profit much by the experience of other
states, but to legislate loosely and indiscriminately until dis¬
aster should compel men to accept a more rational policy. Had
Wisconsin learned anything from the experience of New York,
Pennsylvania, Massachusetts, and other states she would
have begun with adequate general laws. European experience
was before the country; but granting that that was not g ner-
ally available, it seems difficult to find any good excuse for not
profiting by the lessons of sister states. Wisconsin had become
railroad-mad, and in her madness she had quarantined rational
ideas outside of her legislative halls. If the “ Sons of New
York ” had been able to lead to victory some of the legislative
principles which their native state had tested, they would have
saved Wisconsin from much political jobbery and financial dis¬
aster. The people of the state do not seem to have been hostile
to general legislation. The press was unanimously in favor of
the General Law when it was before the legislature. The pub-

The General Railroad Rill of 1858.

343

lie was beginning to realize that there were “ no other safeguards
against the growing and excessive evils of corruption, lobbying,
and log-rolling at Madison, which the struggle for special priv¬
ilege and class legislation almost always engenders.”1 The
Milwaukee Wisconsin was “ decidedly and unequivocally in favor
of a general railroad law,” because it ‘‘is democratic in its
principles, just to all parties, and would be the source of great
relief to tax-payers. The present (1853) session will be extended
six weeks, at an expense of thirty thousand dollars to the peo¬
ple, in order to dispose of the immense number of railroad ap¬
plications before it. We have too much special legislation. ”
The Grant County Herald heads an editorial 2 “ A jubilee to Tax¬
payers, ” after the General Bill had been introduced and seemed
'* almost certain to pass. ” The Sentinel quotes from a large
number of exchanges throughout the state, and nearly all were
strongly in favor of the bill. Not one seems to have objected
to the principle , but there was some opposition because the Gen¬
eral Law would interfere with existing charters. Whether or
not this objection defeated the bill cannot be ascertained, because
the Journals of both houses fail to record arguments advanced
in debate. However, it seems probable that existing charters,
with the exception of the few which had been more carefully
drawn up, would have felt the very reasonable restrictions
which the General Law would have imposed. Of the loose and
questionable*methods then in vogue in our legislature there can
be no doubt, and that the army of those who had not yet ex¬
ploited the opportunities offered through railroad charters and
whose designs would have been largely foiled by the passage of
the bill, was strong enough to defeat the bill, easily falls within
the range of possibilities. And the whole procedure was in
harmony with the frontiersman’s intolerance of restraint and
the injudicious, if not reckless, methods by which even the most
serious business was disposed of. An editorial in the Sentinel
of April 7, 1853, sums up the situation in these words: ‘‘There
was more bargaining and trading at this last session than we have

1 Sentinel , March 12, 1853; March 20, 1858 (editorial): Governor’s Mes¬
sage, January 14, 1858.

2 March 9, 1853.

344 Meyer — Early Railroad Legislation in Wisconsin.

ever known in a legislative body before. Members .... were
met on the threshold by others who said to them, ‘We have
measures of our own to get through, and there are others the
success of which we wish to prevent; we are strong now, but
wish to be sure ; — if you will vote throughout the session as we
wish, your bills shall pass.’ We know this to have been said, in
effect, to more than one member, and to have succeeded.
Scarcely one measure has succeeded or failed because of its
merits or demerits ; but all depended upon the sort of bargain
which had been made. The people are likely enough to pay
dearly for this novel style of legislation. ”

But the bill itself deserves attention. It was entitled “A Bill
to authorize the formation of Bail Road Corporations and to reg¬
ulate the same, ,;1 and was, excepting slight variations due to
differences in administrative and judicial officers of the two
states, an exact copy of the General Railroad Law of New York
of 1850. Several sections of the bill, contained in the New
York law, were struck out in the committee; and the provi¬
sions relating to the relation of railroads to the Erie Canal were
omitted, as were also the seven paragraphs of the New York law
describing the manner of serving notices in cases of expropria¬
tion; but with these and several other minor exceptions, the
Wisconsin bill was a literal transcription of the New York law.
As will be seen by an examination of the law, many of its pro¬
visions are identical with provisions of the best Wisconsin char¬
ters, although it is much more comprehensive than any single
charter, and a number of its provisions are not contained in any
one of the charters granted during the period which has been
discussed. Among the latter are the provisions (§12) on the
payment of laborers, on the payment of a certain sum per mile

1 The original bill, with marks and changesof the committee, is on file in
the office of the secretary of state. No printed copies, or even excerpts,
are known to me. On the title page the clerk recorded the following:
“ Introduced by Mr. Wright. Ref’d to select com. of 5 to act with Com. of
Senate March 7; Cate, Wright, Barber, Tweedy, Bell. Rep. favorable &
ord print March 14; Wright mo. take up & made special order, laid over
under rule, March 26; taken up & made the special order for J une 6th,
March 31; Laid on Table June 8th.”

Public Aid — A Constitutional Question. 345

of road proposed before the articles of association can be filed
(12), on the filing of maps (§22), the one hundred and five items
in the annual reports (§31), on baggage (§37), on the formation
of passenger trains (§38), and on intoxication (§4). All the
other provisions of the law could, at least in their essentials,
be constructed synthetically from the charters granted before
the bill was proposed. Noticeable among these are the sections
on the organization of railroad’ companies (§1), on the election
of directors (§5), subscription and forfeiture of stock (§7), trans¬
fer of stock (§8), increase of stock (§9), on expropriation (§§14
to 22 inclusive), on the changing of routes (§23), on crossings
and intersections (§24), on the powers of railroad companies (§28),
on legislative control (§33), and several less important provi¬
sions. The effect of the passage of^this bill would undoubtedly
have been most wholesome in putting an end to bargain¬
ing and wrangling over the many charters which were destined
to fill our statute books, and which wrought much harm to many
an innocent holder of worthless stock. It remains now to show
how, after this failure, Wisconsin drifted into general legisla¬
tion by the logic of events in her railroad development.

III. PUBLIC AID. A CONSTITUTIONAL QUESTION.

The publication of acts authorizing certain towns, cities, or
counties to aid in the building of railroads, in the volume con¬
taining the “general laws” passed by legislatures, is one of the
first facts that strikes the student with a sense of apparent in¬
consistency. Railroad charters clearly seem to be private acts.
Statutes authorizing certain municipalities to aid in building
railroads appear to be private and local acts too. And yet, acts
authorizing an enumerated list of towns to subscribe for rail¬
road stock are classed as general laws and published in the
volume containing statutes of this kind. Evidently there is
something in our notions of general and special legislation not
in harmony with legal practice. We are helped out of our
difficulty by an examination of decisions of the supreme court
of Wisconsin.1

1 State ex rel. Cotliren vs. Lean, 9 Wis., 279. Clark et al. vs. Janes¬
ville, 10 Wis., 136.

346 Meyer — Early Railroad Legislation in Wisconsin.

In the case of Clark vs. Janesville (1859), which involved the
validity of bonds issued by the city of Janesville in aid of a
railroad, because the bonds had been issued before the charter
had been published, the supreme court held that the charter of
the city of Janesville was a general law within the meaning of
the constitution, and that it was hence not in force until after
its publication. Consequently, the bonds in question were held
invalid. It should be stated that the Janesville charter (§7,
Ch. 4) contained a provision which authorized the city to sub¬
scribe to stock under certain conditions, and it was this section
of the charter which was made prominent in the case. But it
is clear that if this provision makes the city charter a public
act, that acts of the legislature which contain only such provi¬
sions must a fortiori be general laws within the meaning of the
constitution. In reaching its conclusion the court discusses at
length the definitions involved.

In our state constitution, says the court, general is used as
the opposite to the word special. Similarly, the word public
stands in opposition to the word private , although a provision
in a legislative act declaring it to be a public act does not
make it a public act if it is in its nature and substance a private
act. Many V/isconsin railroad charters contain such a provi¬
sion, yet in spite of it they unquestionably remain private acts.
"Whether an act of parliament is to be deemed a public act,
binding on all the queen's subjects, or merely a private act, de¬
pends upon the nature and substance of the case, and not upon
the technical consideration whether the act does or does not
contain a clause that it shall be deemed a public act”.1

In Clark vs. Janesville the court holds that general and public
are used synonomously, and that a public act is one that re¬
gards the whole community. On this ground the Janesville
charter is a general law. An act may be special in so far as it
relates to one of a class and at the same time general in so far
as it is of such extensive and general interest as to be a public
(general) law. When the constitution provides, VII, 21, that "no

1 Dawson vs. Paver , 5 Hare, 415; quoted in Anthony’s Brief in the
case of Wadsivorth vs. C. & N. IF. i?. I?., in U. S. circuit court for the
northern district of Illinois. Mot contained in Clark vs. Janesville.

Public Aid — A Constitutional Question.

347

general law shall be in force until published,” considering the
methods of legislation then in vogue, it seems clear that the
section in question sought to protect the people against the
evils of special legislation. Acts authorizing municipalities to
aid railroads most certainly “ regard the whole community, ” and
if publication had not been made obligatory, consequent evils
might have been much aggravated. Such acts may be local so
far as their immediate operation is concerned, yet their “ im¬
portant bearing upon the interests of large portions of the
people ” make them general laws. The dissenting opinion of
one of the judges of the supreme court is based largely on
Article XI, §1 of the Constitution of Wisconsin: “Corporations
without banking powers or privileges, may be formed under
general laws, but shall not be created by special act, except for
municipal purposes , and in cases where, in the judgment of the
legislature, the objects of the corporation cannot be attained
under general laws. All general laws or special acts, enacted
under the provisions of this section, may be altered or repealed
by the legislature at any time after their passage. ” The judge
draws the conclusion that the constitution provides that ail,
except municipal corporations, shall be formed under general
laws, and that those for municipal purposes may be created by
special act. The Janesville charter is a special act; hence it is
not public or general, and not subject to the provisions of VII,
21, of the constitution, providing for publication. Therefore
the charter was in force when the bonds were issued, and the
bonds are consequently valid.

In another place it has been pointed out what restrictions
the constitution placed upon internal improvements as state un¬
dertakings. This raises the question whether the legislature
may authorize subordinate political units to do that which the
constitution prohibits the state from doing.1 This question was
one of the points of attack on the validity of the bonds issued
by Janesville, but the court took the opposite view. “ It is
said that cities, counties, and towns are parts of the state, con¬
stituting its political divisions, and that as such they come

1 Clark vs. Janesville, 10 Wis., 136; Bushnell vs. Beloit, 10 Wis., 155;
State ex rel. Cothren vs. Lean , 9 Wis., 279.

348 Meyer — Early Railroad Legislation in Wisconsin.

within the spirit and intent of these prohibitions; that for the
state to authorize them to loan their credit in carrying on in¬
ternal improvements, is to do indirectly what it cannot do di¬
rectly; and that to sustain such a law, is to say that the state
may grant to a part of itself, the power to do what the whole
cannot, and that power may be derived from a source where it
does not exist. ... A city is not the state, neither is a
town or county. . . . The simple reason is, the object was

only to prevent the state as a state, from becoming a party to
such works, and not to prohibit the works from being carried
on. It was simply a question how they should be carried on.
« . . If the credit of a city is not the credit of a state, nor
its debt a state debt, such acts are not liable to the objection
of doing indirectly what cannot be done directly. The thing
that cannot be done directly is to contract a state debt for
works of internal improvement. If the legislature should at¬
tempt to authorize a city to contract a state debt for such works,
that would be attempting to do indirectly what it could not do
directly, as well as being a very great absurdity. ” 1 Other state
constitutions, adopted after the downfall of internal improve¬
ments as a national system during Jackson’s administration,
contained similar prohibitions, and in those states municipali¬
ties had been doing just what they now sought to do in Wiscon¬
sin. Would not the constitutional convention have specifically
stated the prohibition had it been the intention to prevent such
aid being authorized by the legislature? Had the convention
met after a considerable number of municipalities had learned
from experience the evil effects frequently accompanying such
a policy, is it not probable that our constitutional fathers would
have embodied such a prohibition in our constitution? With
the exception of Iowa, Michigan, and Wisconsin, “the law is
now firmly established . . . that in the absence of consti¬

tutional restraint the legislature may authorize a municipal cor¬
poration to subscribe to stock in a railway company, or to aid
it by a donation , and to issue negotiable bonds in fulfillment of
those purposes. ” 2 Clark vs. Janesville and the other cases cited

1 Clark vs. Janesville.

2 Beach, Public Corporations , §896.

Public Aid — A Constitutional Question.

349

establish the power of municipalities to subscribe to stock, but
leave undecided the question of the constitutionality of dona¬
tions, which, according to Beach, is now a generally accepted
principle of law except in the three states named. The ques¬
tion as to the power of the legislature to raise money, or to au¬
thorize it to be raised, by taxation for the purpose of donating
it to a railroad company was decided in Whiting vs. Sheboygan
and Fond du Lac Railroad. 1 The power to pay for stock sub¬
scriptions with money raised by taxation having been granted,
it must be shown, in order to invalidate taxation for purposes
of donations, that subscriptions differ essentially from dona¬
tions so far as the tax-payers are concerned. The case further
involves the nature of railroad corporations. The court held
that to the extent of the stock subscriptions the municipality
owns the road, and that to that extent the railroad may be said
to be public property. And the question whether the public
owns the property enters very materially into the consideration
of the question whether the purpose is public or not. The ele¬
ment of public purpose again decides the question of taxation.
The stockholder may insist upon the strict application of his
money to the legitimate purposes of the corporation. He may
restrain the directors and officers from squandering and misap¬
plying it, and compel the company to use its funds in building
and operating the road according to the true intent of his sub¬
scriptions. And since municipalities which subscribe have a
voice in the management of the road, the money raised by tax¬
ation for such subscriptions is put to a very different use from
that which is donated. The attempt to donate money raised by
taxation is to compel the public “to pay tribute and taxes too —
to pay for property, and yet not own it — to pay for it, and yet
pay the company for the privilege of using it.” The giver of a
gratuity has not the legal and equitable rights which the stock¬
holder enjoys. There is a fundamental difference between sub¬
scriptions and donations.

But are not donations to railroad companies very similar to
moneys expended for public buildings, streets, and educational

*25 Wis., 167; also Curtis vs. Whipple , 24 Wis., 350.

850 Meyer — Early Railroad Legislation in Wisconsin.

or reformatory institutions? If so, their validity can not be drawn
in question. The power of taxation for a public purpose is un¬
questioned, and the decisive point is whether or not taxation
for the purpose of donating to a railroad company the money
thus raised is taxation for a public purpose. In supporting the
affirmative of this thesis it was assumed, as the foundation, that
that which is a public use so as to justify the exercise of the
power of eminent domain, is also a public use which will, under
all circumstances, justify the power of taxation. The dissenting
opinion emphasizes this view. “Taxation and eminent domain
are alike in this: each requires a public purpose to justify its
exercise. How can the constitution hold that a railroad is a
public purpose for the exercise of eminent domain, and not for
taxation? There is no consistent reasoning by which a court
can say that any particular work or exercise is public, so as to
sustain an exercise of the one power, but not public, so as to
sustain the other. ” But the court asserts that this view ignores
the difference between public uses. Public uses differ in nature
and kind, and in the degree or extent of the public enjoyment.
Highways, public buildings, and the like are public per se; rail¬
roads, turnpikes, ferries, toll-bridges have been declared public
only with respect to the power of eminent domain. " The public use
implies a possession, occupation, and enjoyment of the land by
the public, or public agencies.1 Incidental public benefits do
not constitute, in the sense of law, a public use. To declare
taxation for donations taxation for public uses would throw the
door of taxation wide open for every conceivable object. Would
it not justify taxation for the purpose of raising money to build
mills and factories for private corporations? The peculiar
characteristics of a railroad company do not transform it into
a public corporation. In so far as it has capacity to assume
and exercise, in the name of the state, the power of eminent
domain, a railroad company may be a public or quasi-public
corporation, yet in all its other powers, functions, and capaci¬
ties it is essentially a private corporation, not distinguishable
from any other of that name or character. It may be public in
so far as any one may, on payment of a reasonable rate, enjoy

1 Cooley, Constitutional Limitations , p. 531.

Public Aid — A Constitutional Question.

351

the transportation facilities it offers; but in all other respects
is private. The road, with all its rolling stock, buildings, fix¬
tures and other property pertaining to it, is private property,
owned, operated, and used by the company for the exclusive
benefit of the stockholders. This constitutes a private cor¬
poration in the fullest sense of the term. ” All private corpora¬
tions are more or less for public use. If they were considered
of no public utility or advantage it is presumed they would
never be chartered. “Private corporations are for banks, in¬
surance, roads, canals, bridges, etc., where the stock is owned
by individuals, but their use may be public. In all the last
named, and other like corporations, the acts done by them are
done with a view to their own interest, and if thereby
they incidentally promote that of the public, it cannot be reason¬
ably supposed they do it from any spirit of liberality they
have beyond that of their fellow citizens. Both the property and
sole object of every such corporation are essentially private , and
from them the individuals composing the company corporate are
to derive profit. ” 1 Railroad companies invite capitalists into
their field of enterprise, not as public servants, charged with a
public duty, but as private corporations, whose privileges are
to be exercised, if at all, under limitations and restrictions look¬
ing to the benefit of travelers and patrons of the work. All
these arguments, elaborated in detail, clearly establish the
private nature of railroad corporations, and the unconstitutional¬
ity of taxation for donations to such bodies.

But the dissenting opinion deserves a little more attention
than we have accorded it thus far. Aside from an academic
eulogy on the mission of railroads, the propriety of which may
be drawn into question, the decision contains several more in¬
teresting sentences. The court had admitted that the validity
of subscriptions even had been doubted. The dissenting opin¬
ion discusses a long line of decisions which had held stock-sub¬
scriptions valid, and then adds: “Tn my opinion it was 'wholly
immaterial, so far as the question of power was concerned”
whether the money was donated or used to purchase stock. “If
the purpose is public, the tax is valid without the stock; if private

1 Bonaparte vs. Camden & Amboy R. R. Co., 1 Baldwin, C. C. 223.

352 Meyer — Early Railroad Legislation in Wisconsin.

it is invalid with it. ” If the stock subscription alone contains the
public element essential to support a tax, then a municipal cor¬
poration in this state might be authorized to subscribe for stock
in a New York railroad. And if the stock subscription does
not contain this public element, then how can it be essential to
the validity of the tax? The opinion admits that taxes can be
collected only for public purposes, but it declares the building"
of a railroad to be a public use, and supports the assertion by
numerous citations. The nature and character of the work it¬
self, its effect and influence upon the general prosperfty of the
community, and not the question of ownership determine the
category into which it shall be placed. “ There is no principle
of law which prohibits the raising of money by tax to be ex¬
pended through the agency of a private corporation. The limi¬
tations of the power depends upon the use for which the money
is raised.” Few will object to this principle, but many will
impeach the conclusions drawn from it. But when the honor¬
able judge asserts that he “ can see no substantial difference be¬
tween Milwaukee taxing itself one hundred thousand dollars, or
any other sum, to build a harbor, and the county of Fond du
Lac taxing itself as much to build a railroad ” we are less sur¬
prised at some of the conclusions reached in this dissenting
opinion.

The opinion in the case of Weeks vs. Milwaukee , delivered by
same judge as in case of Clarke vs. Janesville ,J touches upon the
question here under consideration. The court declares an act
authorizing a town to subscribe for railroad stock to be valid;
that such a debt is not a state debt; that the legislature may
authorize a municipality to make such a debt, which the state
cannot make for itself; that an act authorizing subscription for
railway stock, authorizes the company to receive it and take
bonds in payment; and that power to issue bonds includes the
power to make them negotiable. “Whether it is a wise or
just exercise of the power, courts cannot inquire. Those are
questions for the legislature. ” 1 2

1 10 Wis., 242.

2 Weeks vs. Milwaukee , is a case full of excellent material for the stu¬
dent of taxation. It is only incidentally important in railroad matters as

Public Aid — A Constitutional Question.

353

Two important decisions * 1 have established the principle that
a vote is void if it is taken before there is legislation author¬
izing it. Clarke vs. Janesville , indirectly asserts the same prin¬
ciple. Wisconsin decisions stand in harmony with what Judge
Cooley2 says on the subject: “The power to tax being legis¬
lative, there must be distinct authority of law for every levy
upon the people under that power. The authority may come
from the constitution, which, in exceptional cases, will provide
for a specific tax, or for a tax for some defined purpose; but in
general the authority will come from the legislature and must
be expressed in statutory form. . . . And in case of local

legislation there must commonly be two distinct acts of legis¬
lation: first, that by the state giving the power to tax, and
second, that by the local legislative or quasi-legislative author¬
ity, laying the tax under thd power so given.” Wisconsin
seems to have been more conservative and to have combated
the constitutionality of taxation for railroad aid more vigor¬
ously than many other states; yet “it must be admitted that
the great preponderance of the judicial judgments has been on
the side of the competency of such legislation, in the absence of
special constitutional restraint. ” 3 “ By reason of the greater

favor with which the rights of the holders of such securities
have been regarded by the Supreme Court of the United States,
the volume of municipal bond legislation has of late years taken
place in the Federal Courts. . . . The Supreme Court of

the United States has upheld the rights of the holders of munic¬
ipal securities with a strong hand, and has set a face of flint
against repudiation, even when made on legal grounds deemed
solid by the state courts, as well as by municipalities which
have been deceived and defrauded. ” 4

such. Other cases which pronounce the validity of stock subscription are:
Hasbrouck vs. Milwaukee , 13 Wis., 43; Brodhead vs. Milwaukee , 19
Wis., 652; Curtis vs. Whipple, 24 Wis., 350.

1 Phelps vs. Alfred Bank , 13 Wis., 432; Berliner vs. Waterloo , 14

Wis., 378.

2 On Taxation , p. 324.

3 Dillon, Municipal Corporations , §508.

4 Ibid., §511.

23

354 Meyer — Early Railroad Legislation in Wisconsin.

IV. PUBLIC AID — HISTORICAL.

Strong reasons can be advanced why the order of treatment
here pursued should be reversed. The historical account should
precede an analysis of legal and constitutional controversies,
which grew out of the events presented in such an account. It
is not my purpose to give an external history of that long series
of legislative acts, passed both by the state and subordinate
legislative bodies, which authorized certain towns, counties,
villages, and cities to extend aid to certain railroads; nor is it
my purpose to chronicle in detail the numerous factional
struggles to which these acts gave rise, or the means employed
in securing their passage. Of these things I shall give what
appears to me sufficient to bring before us the men and their
methods. Whether the man’s .name was A or B, whether he
operated at N or O, whether the same man or different men
attempted the same thing in other localities — these facts are
devoid of life, and have perhaps an interest only for the anti¬
quary. The preceding section has given us a mirror in which
we can see reflected, in bold outlines, all the important facts
which would naturally be presented in this section. All I
shall attempt here is to furnish material by means of which we
may clothe that abstract image with a garb of reality.

Milwaukee took the initiative in granting aid to railroads. A
meeting of “citizens of Milwaukee,” held at the Court House in
February, 1849, adopted a bill and a series of resolutions “with
great enthusiasm and unanimity.1” The resolutions exhorted
counties, towns, and villages along the route of the proposed
railroad to co-operate with Milwaukee, and to memorialize the
legislature to pass laws authorizing towns, cities, and counties
to subscribe. The bill drawn up by the Milwaukee meeting, and
which also was recommended for indorsement by other “ meetings
of citizens,” authorized the city council to subscribe one
hundred thousand dollars of stock in the Milwaukee and
Waukesha railroad, with the privilege of increasing it to two
hundred and fifty thousand dollars. In order to provide for the
payment of the stock, the council was authorized to borrow

1 Sentinel and Gazette , February 14, 1849.

Public Aid — Historical.

355

money on the credit of the city and to meet payments on such
loans by an annual tax of one per cent, on the real estate within
the corporate limits : — Provided, however, that if any year the
exigency of the case shall require it, such tax may be increased

to any rate not exceeding - per cent, on such assessed

value. Finally, every person who paid the tax was entitled to
receive from the city treasurer a tax receipt exchangeable for
railroad stock.

A meeting similar to this was held at Galena on the seventh
of the same month.1 The president of one of the railroad
companies proposed a new plan to raise “wind” for the pros¬
ecution of his favorite enterprise. It was proposed that the
counties along the route should tax themselves three per cent,
for one year or one per cent, for three years on all taxable
property. Thus the tax payers would become stock- holders. A
bill similar to that adopted in Milwaukee, was proposed. The
same president “went into the street one fine day, amongst the
farmers who were selling wheat and obtained more than twenty
thousand dollars” in stock subscriptions.2 3 He had raised
“wind. ” The tale of farm mortgages is a long and doleful
recital. Not only were unsuspecting farmers led to mortgage
away their farms, but city and town officials became the victims
of false presentations which later involved their communities in
endless difficulties. Appeals for aid, usually manipulated by
railroad directors, came from all quarters and in a great variety
of forms. “Good policy requires that it (the railroad) should
be kept subject to the control of our own citizens. It must be
kept from the hands of eastern capitalists, or else it will
oppress instead of benefit the people. . . . We hope the

farmers in this county will take an interest in the road, suffi¬
cient at least to give them the control and management of the depot at
this place* ” “Let the farmer subscribe his stock, and his wheat,
pork, team-work, and anything he produces may be applied to its
payment, —not a cent of money need be raised in the county.

1 Of course, Galena is in Illinois, geographically, but it was very closely

connected with Wisconsin affairs at this time.

3 Grant County Herald , November 6, 1847.

8 Waukesha Democrat » quoted in Sentinel , June 8, 1849.

356 Meyer — Early Railroad Legislation in Wisconsin.

Instead of expending half the value of his wheat in getting it
to market, the farmer can invest it in stock, which will be avail¬
able and profitable, and by this means forward a work which
will bring a market to his door and enhance all his possessions
an hundred fold.”1 Again, “We take no narrow, selfish view-
on this subject. It is to be hoped that every man in the mines
will take stock in this railroad, and unite in aiding the grand
enterprise of binding together with iron the Atlantic and the Mis¬
sissippi.2 In a lengthy address1 by Chancellor Lathrop of the
University of Wisconsin, delivered at Janesville before the State
Agricultural Society, the speaker said: “Farmers of Wisconsin l
You cannot afford to let these great enterprises languish and
die. If private enterprise can not reasonably build the road,
public credit can. Your potential voice makes the laws — it
makes constitutions — aye, and unmakes them too. I do not
say that you can find a Clinton — such a man is God’s benison
on an age — but you can have roads. Where there is an iron
will there is an iron way. ” 3 An article prepared by the Madi¬
son Argus 4 urges the farmers to favor a county (Dane) subscrip-

a

tion of one hundred thousand dollars, and by a long array of
figures proves (?) that even if the subscription were made a gift
to the railroad, it would be a net gain of two dollars and ten
cents per acre for the farmer. These popular meetings were
usually so well managed that opposition and dissent did not se¬
cure much foot-hold. But now and then a voice of warning was
heard, and as early as 1854 a committee report to the legisla¬
ture presented quite a strong argument against the passage of
laws authorizing aid. “ The railroad fever is raging at Madi¬
son. The legislature is beset with applications for charters, and
wearied by the importunity of lobby members — as if trains of
flying cars could be legislated into existence. The most extrav¬
agant estimates are made of the probable value of railroad
stock. In imagination, every acre of land from Walker’s Point

1 Rock County Badger , quoted in Sentinel , June 21, 1849.

2 Grant County Herald , November 6, 1847.

3 Sentinel, November 20, 1851, contains the speech in full.

4 Sentinel, December 2, 1851.

Public Aid — Historical.

357

to Snake Hollow1 has been plowed, sowed, fenced, and is bear¬
ing forty bushels of wheat. Upon this basis estimates of the
importance of the road for transportation of wheat are made.
Such estimates are quite delusive. It takes money to make a
great waving wheat field of Wisconsin. It takes money to make
railroads. It takes money to make the mare go; much more the
Iron horse. Capital is greedy. It looks to immediate profit.
Railroad capital will not wait for dividends to originate. It
may be short sighted; but it is sure sighted. It acts upon reali¬
ties ; not upon probabilities. ” 2 3 Commenting on a bill which
had been introduced in the Assembly, repealing an act author¬
izing Milwaukee to tax its citizens in aid of railroads, the editor
of the Fond du Lac Journal 3 says: “Although not pecuniarily
interested in this road, as a matter of principle we should like
to see it built by some other means than robbing a portion of
the community. Our government is one of limited powers, and
is generally supposed to be democratic in its principles and
operation, and it is stretching the constitution a little too far
to permit the taxing of a people for the advancement of the in¬
terests of a corporation over whose actions and purse strings
they have no control. These rail and plankroad taxes are anti¬
democratic in principle, unconstitutional, unjust in every par¬
ticular, and a forcible resistance to similar injustice once caused
a revolution which gave America her freedom. . . .We

trust for the honor of the state, and of the - party? that

no more odious railroad taxes will be fastened upon the people.”
The Milwaukee Sentinel of January 7, 1851, contains a call for
.a public meeting signed by nearly one hundred representa¬
tive citizens, such as Ludington, Hathaway, Preusser, and
Mitchell. The question wrhich was being agitated at that time
was an amendment to the charter authorizing the city to lend
its credit for larger amounts. “ Unless some check is given to
the robbery that is practiced upon the people in the shape of

1 Walker’s Point was the site of the old Union Depot in Milwaukee, and,
according to the Grant County Herald of October 16, 1847, Snake Hollow
was a “ sunny ravine ” — now the site of Potosi.

2 Grant County Herald, January 10, 1847.

3 February 1, 1851.

858 Meyer — Early Railroad Legislation in Wisconsin.

illegal taxes, Milwaukee is doomed to recede instead of progress. ,r
These words indicate the spirit in which the meeting was called.
Editorial comment asserts that “ the pressure of taxation has
become intolerable. ” We must contrive “ means of relieving our¬
selves and the city from the onerous burdens and depressing in¬
fluence of excessive taxation and extravagant expenditure. ” At
that meeting it was agreed that taxes “had increased, were in¬
creasing, and ought to be diminished,”1 and a committee was
appointed to report on the proposed amendments to the charter.
The outcome of it all was that the city council, by a vote of ten
to four, granted additional aid.2 A minority report of the coun¬
cil points out that but ten per cent, had been paid on the pri¬
vate subscriptions amounting to eight hundred thousand dollars,
and that with good financial management the road could be com¬
pleted without further aid. But a part, at least, of the public,
could forget momentarily the burdens against which they had
protested, and give themselves up to “ blazing bonfires and roar¬
ing cannons ” in honor “ of this happy event ” — the sale, in New
York, of corporate and individual bonds and mortgages held by
the railroad company. How these securities were floated in the
Eastern and European markets is a familiar fact.3

Attention has already been called to a report of a committee
to the Wisconsin legislature.4 This committee asserts that “the
magnitude of the interests to be affected ” has caused them to
deliberate most carefully. “ The great advantages of railroad
improvements . . . present strong inducements to sustain

the policy contained in the bill,” and the immense sums of
money already invested by innocent holders, on the faith of
bonds issued by other municipalities under similar acts, is a

1 Sentinel , June 8, 1850.

2 June 20, 1850.

3 Typical accounts of these transactions and subsequent celebrations can
be found in the Janesville Gazette of June 20, 1850, and April 10, 1851;.
Fond du Lac Journal, May 15, 1851, and following; and Milwaukee Sen¬
tinel, July 17, 1850.

4 “Report of the Committee on Expiration and Re-enactment of Laws,
in Relation to Assembly Bill No. 364, to authorize certain towns to aid in
the construction of a railroad; March 14, 1854.” Bound in Wisconsin
Miscellaneous Pamphlets, Vol. XVI, No. 16.

Public Aid — Historical.

359

fact well calculated to weaken the strongest mind in its progress
to any conclusion which would tend to weaken or invalidate
contracts thus made. On the other hand, we are admonished
at every step in this investigation, of the immense debt that
may be laid upon the inhabitants within the towns, counties,
or other municipalities, without the means of prevention or
payment; the oppressive and perpetual taxes which may be im¬
posed to meet the interest upon such enormous debts must in¬
evitably bankrupt the rich and enslave the poor ...” The
committee then discusses the right of the majority to burden a
minority “ for objects not exclusively beneficial to them, and
that too by a soulless body beyond their body as a constituency. ”
They deny the authority of the legislature to enact such laws
and on grounds similar to those discussed in the preceding sec¬
tion. They assert that the people cannot be embarked in spec¬
ulating adventures against their will. That the state has no
more right to compel particular classes to build railroads than
she has to compel them to build stores, mills, or taverns. “ And
the principle is the same, whether the road passes through the
town subscribing tne stock or a thousand miles off. ” They also
discuss various legal and constitutional features of the proposed
bill. It seems unnecessary, after what has been said in section
III, to discuss these, or to point out the weak points in this
report. However, one sentence must be introduced here, in
addition, because of the light it throws on the methods em¬
ployed : 41 The railroad company, deeply impressed with the

importance of obtaining the bonds of the town for the small sum
of one hundred thousand dollars, very suddenly commence pros¬
ecuting the work vigorously in the town where the election is
soon to be held, with a number of hands (whose residence is
wherever they may happen to be) sufficient to ensure a majority
at the polls in favor of taking stock, notwithstanding every
property holder and permanent resident of the town, may vote
against taking stock; yet it goes to the world that their town
decided in favor of taking stock; and if the policy proposed by
this bill is to be sustained, there is no help for them. ” (p. 6. )

Not only this, city and state officers were elected or defeated
according to their attitude towards railroad interests, and the

360 Meyer — Early Railroad Legislation in Wisconsin.

grossest bribery resorted to in the legislature.1 Were a person
wholly unfamiliar with our legislative methods to read the char¬
ter of the Milwaukee and La Crosse railroad, he would undoubt¬
edly have his suspicions aroused in reading section twelve:
“ And in case Congress grants lands to aid in the construction
of a railroad between the points mentioned, the said company
shall receive such proportion of such Congressional land grant,
etc.” The charter was granted in 1852, four years before the
land grant was made by Congress ! In November of that year
(1856) the legislature passed acts “to execute the trust ” created
by the Congressional land act; and this is the manner in which
that “trust” was executed: The same man who had manipu¬
lated the canal lands went down to Madison with a “mysterious
chest ” filled with “ packages. ” This chest he entrusted to
another person who, it had been agreed, should distribute the
packages after the “proper” bill, granting to Milwaukee and
La Crosse Railroad company the desired lands, had been passed
and signed by the governor. An investigation instituted by
the legislature of 1858 revealed the fact that $175,000.00 in
stock at par value had been distributed among senators, $355,-
000.00 to Assemblymen, $16,000.00 to clerks, $50,000.00 to the
governor, and $246,000.00 to persons who were not members of
the legislature. Those who opposed the bill did, of course,
receive no “gratuity,” while three senators and three assem¬
blymen voted for the bill but did not accept bribes. To inquire
into the cash value of the stock is immaterial. Had it had but
a nominal value, the case would still stand isolated from exten¬
uating circumstances. We have unfortunately had so many
similar blots in American politics that it would be both unprof¬
itable and revolting to present this scandal at greater length.
Among the names associated with these detestable deals we find
a number that have long stood as representatives of Wisconsin’s
greatness in the minds of the younger generation. In this lies
our greatest humiliation. “ The ingenuity displayed in the at¬
tempt to vail the transaction beyond the possibility of detection

1 Fond du Lac Journal, March 3, 1853; Wisconsin State Register ,
Sept. 5, 1863; Janesville Gazette, Nov. 6, 1851; Milwaukee Sentinel, Feb.
28 to March 3, 1853, inclusive.

Public Aid — Historical.

301

is so supremely unique as to extort attention. The actors seem
not to have been mindful of the fact, that no lid was ever large
enough to completely cover up itself. ” 1

Up to 1870 there was no limit to the amount of indebtedness
which a town, city, or county might contract. Section 12,
Chapter 24 of the General Laws of 1870, places the limit at
five thousand dollars per mile. This was amended in 1871 so
as to prevent any indebtedness exceeding five per cent, of the
assessed value of the town ; while Section 1, Chapter 182 of the
General Laws of 1872, authorizes towns and other political unit8
to subscribe to the amount of ten per cent, of the assessed valua"
tion. This was finally settled in 1874, by an amendment to the
state constitution which fixed the maximum indebtedness at five
per cent, of the assessed value of the taxable property in any
town, village, county, or city.

Of the amount of public aid granted the re seems to exist no au
thentic record. The report of the Wisconsin railroad commis¬
sioner for 1874, states the total land grants as 3,343,458 acres;
county, town, and municipal bonds, paid or held for collection,
representing 36 counties and 71 towns and cities, $6,910,552.00;
3,785 farm mortgages distributed among 27 counties, $4,079,
433.00. Valuing the land at $3 per acre the total aid extended
up to 1874 amounted to $21,227,160.00, or enough to have built
one-half of the total mileage in this state on Jan. 1, 1874.2 The
town, county, and city indebtedness incurred in aid of railroads
up to 1875, amounted to nearly two per cent, of the assessed
valuation of the taxable property in Wisconsin; and the farm

^he Appendix to Assembly Journal , 1858, contains the reports of the
investigating committees as well as the testimony in the case of the Mil -
waukee and La Crosse and the Milwaukee and Lake Superior land grants.
It reveals not only the methods employed in the legislature, but also the
manner in which the unsophisticated farmers were robbed of their farms
The material there presented gives in detail the machinations of Wiscon"
sin’s first crop of railroad boomers. The newspapers of 1857-58, during the
session of the legislature, devote columns to this subject. And many of the
facts presented in the Milwaukee and Superior Railroad case have been
verified by verbal reports given to the writer by farmers who lived along
the proposed road.

2 Compare Railroad Commissioner’s Report , 1874, pp. 20, 76, 77.

362 Meyer — Early Railroad Legislation in Wisconsin.

mortgages, in 1874, amounted to about one percent, of the total
valuation,1 making in the aggregate about three per cent, of
the total valuation (by the State Board) in 1875. The Mil¬
waukee Sentinel 2 places the estimate much higher. “Accord¬
ing to the assessment of 1871, the extent of the total railroad
debt in the state might be $16,475,180.00, and in the county of
Milwaukee $2, 546,255.00. ” .... “Municipal indebted¬

ness is a very serious matter in several of our Wisconsin cities.
We have no doubt there will be almost a unanimous vote for
this amendment (restricting such indebtedness) in the cities of
Watertown, Racine, Kenosha, and Beloit, where they know by
experience the effects of this kind of obligation. When not in¬
curred beyond a reasonable prospect of payment, such aid is
legitimate and proper, in the encouragement of improvements
for the purpose of communication between central markets and
the regions of production. . . . But experience teaches

that the people are inclined, sometimes, to run recklessly into
debt, when pay-day is put off twenty years.” Watertown illus¬
trates this. That city, with a population of 7,553, had gone
into debt to the amount of $750,000.00, or about $100.00 per
capita. Some of these debts were compromised. For others
the city was sued and judgments were pronounced against it re¬
peatedly. The district court issued a writ of mandamus, but
the city council refused to levy a tax to pay the debt, and re¬
signed before the writ could be served, so that the court was
powerless to execute its decrees. At an election to fill the va¬
cancies caused by resignation, only three votes were cast, and
the members thus elected immediately resigned. The creditors
then demanded that the court order the United States marshal
to sell property of citizens to satisfy the judgment against the
city, on the plea that such property was a trust fund held for
creditors of the city. This claim was based upon a similar
case in Iowa. But the United States Supreme Court held that
in Iowa the United States marshal could levy and collect such
a tax because it had been expressly provided for by an act of the

1 Calculations made on basis of figures in the reports of the Railroad
Commissioner and of the Secretary of State.

2 March 8, 1872.

Public Aid — Historical.

368

legislature, and that in the absence of similar legislative au¬
thority in Wisconsin, the court could not command the marshal
to levy such a tax in Watertown. Furthermore, the Wisconsin
legislature had approved a section in the charter of Watertown
providing that no real or personal property of any inhabitant of
the city, or of any individual or corporation, shall be levied
upon or sold by virtue of any execution to satisfy or collect any
debt, obligation, or contract of the city. This the creditors
pronounced unconstitutional and asserted that the legislature
had approved repudiation by the city. Laws of the New
England states were appealed to. In those states a judgment
against a town may be levied upon the property of any of its
inhabitants. The United States Supreme Court pronounced
this to be merely local law, and delared that it is true generally
in the United States and England that individual property is
liable only for its proportionate amount of municipal debt.
The Watertown case, as presented in the United States Circuit
Court, may be reduced to two opposite theories: first, the com¬
plainant having established a clear legal right at law, and hav¬
ing demonstrated that he has no remedy there, it is the duty
of a court of equity to devise and enforce an effectual remedy.
This must be done through its own officers, because there are
no others in existence capable of doing it. Second, the oppo¬
site theory is that the court can command only existing city
officers to execute existing state tax laws, and if there are no such
officers, the end of judicial power is reached. On appeal, the
United States Supreme Court decided in favor of the second
theory, but its position was weakened by a dissenting opinion
in favor of the first. 1

The case of Watertown illustrates the recklessness with which
debts were sometimes made in the early history of railroad

1 Rees vs. Watertown , 19 Wallace, 107. The lawyer’s briefs and court
decision contain the material on which my statements are based. The
Watertown Republican was naturally very jubilant over the decision.
Considering the object for which the enormous debt was contracted, and
the manner in which at least some of the subscriptions were secured, we
cannot help but feel satisfaction at the outcome, even though it may have
involved injustice to some. Interesting material is also found in Pereles
vs. Watertown , 6 Biss., 79, and 19 Federal Cases , No. 10,980.

364 Meyer — Early Railroad Legislation in Wisconsin.

building in this state, but since the adoption of the constitutional
amendment it has been impossible for communities to make such
grievious mistakes. To have judgment taken on bonds with¬
out resistance in the courts, and no provision made for paying
the judgments, because of the sheer inability of the community
to pay them in full, is no encouraging outlook for any town.
It can not be a matter of much surprise that people will object
to being taxed in order to pay off what seems to them an unjust
debt. No one can ever for a moment show sympathy for re¬
fusal to pay an honest debt simply because it may distress the
debtor. An honest debt must be paid, and refusal to do so is a
high offense against justice. But no one can long reflect on the
methods by which individuals and communities were inveigled
into incurring such debts without being impressed with the
viciousness and injustice which marked so many of the proceed¬
ings. Aid granted by counties seems to have resulted in al¬
most every case, in legal controversies'. The feeling of unequal
benefits derived from the railroad for which the debt had been
contracted caused much dissatisfaction; and, because of their
greater size, the same results have been noticed in cases where
towns in the northern part of the state have extended aid.1 2

V. CONSOLIDATION.

Consolidation had been expressly provided for in several of
the earlier charters. The provision appears first in a charter
granted early in 1840. As the same charter imposes duties
upon ’’county commissioners” — there were no such commis¬
sioners in Wisconsin — it is probable that the consolidation
clause was simply copied, together with the rest of the charter,
from some eastern model. The consolidation provision appears
next in a charter granted in 1852, and again in one which fur¬
nishes direct internal evidence of eastern origin in its provi¬
sions on expropriation. But by 1852 the question of consoli¬
dation had become a practical one in a number of states, so
that even without a more or less conscious act of copying, it is
probable that Wisconsin railroad promoters would have

1 Report of Railroad Commissioners, 1875.

2 Ibid., 1882.

Consolidation.

365

attempted to secure consolidation privilege in their charters.
While this right was expressly conferred in some charters, in
others it was couched in less noticeable language, such as
“power to purchase or to lease”, “power to operate with other
roads”, and “may connect themselves in business with any other
person or persons. " It may be urged that these provisions do
not grant consolidation powers, because they are not expressly
granted, and that a corporation charter grants no implied powers.
And if the provisions of the charter are not clearly expressed,
it may be urged that “ambigious words in a charter are to be
construed most strongly against the corporation”.1

And again, “ That which a company is authorized to do by
its act of incorporation, it may do; beyond that all its acts are
illegal. ” 2 On the other hand, it is a recognized principle of
law that “ the charter of a corporation, read in connection with
the general laws applicable to it, is the measure of its powers ”
and that the rule applicable to statutes is applicable to char¬
ters, and hence “ that which is fairly implied is as much granted
as what is expressed. ” 3 However, these are legal questions
which cannot be discussed exhaustively here.

Consolidation was for the first time warmly discussed through¬
out the state in 1863, when the east and west lines were plan¬
ning a union.4 The controversy over this contemplated combina¬
tion brought before the public a few facts which must first
attract our attention. In 1857 the legislature passed “An

1 Perrine vs. Chesapeake and Delaware Canal Co., 9 Howard, 172.

2 27 Penn., 351; decision by Chief Justice Black.

3Hirschl, Combination , Consolidation , and Succession of Corpo¬
rations; Chicago, 1896, pp. 3 and 31.

4 The agitation reached its height during the summer months. But the
stirring events of the civil war during that time made such demands on
newspaper space that the railroad movement was frequently lost sight of.
The Milwaukee papers, especially the Sentinel, published letters discuss¬
ing consolidation, but these were sometimes abridged or even left unpub¬
lished for want of space. The editors call attention to this fact. Some of
these letters were published in various parts of the state, but frequently
dismissed with a few lines, if noticed at all, in the editorial column, while
during ordinary times the editors would undoubtedly have gladly devoted
columns to the subject.

366 Meyer — Early Bailroad Legislation in Wisconsin.

Act for the Consolidation of Rail and Plank Roads in the State
of Wisconsin,” 1 By this law any railroads in this state, which
have their termini fixed by law, may consolidate their property
and stock with companies within and out of this state; but no
consolidation with a company outside of the state (15) can be
made with a company in the state until the termini of the lat¬
ter have first been fixed “ by the laws of the state at the bound¬
ary line thereof.” Such a consolidated company ($4) may like¬
wise consolidate with other lines with which its lines intersect
or connect. This really provided for progressive consolidation.
The consolidated company could exercise the powers of the re¬
spective charters on filing them with the secretary of state. In
view of the great diversity among charter provisions it would
have been an interesting problem to ascertain just what powers
a consolidated company actually possessed ! The consolidated
companies were authorized to increase their stock by a vote of
the board of directors to a sum not exceeding the combined cost
of construction and equipment; to borrow money and fix the
rate of interest to be paid therefor; and to issue bonds. The
bill also provided for the consolidation of railroad and plank-
road companies. This need not detain us, anymore than to say
that it is only another illustration of the close connection which
then existed in the minds of legislators between railroads,
plankroads or turnpikes, and canals. The proceedings in con¬
solidating were to be governed by the by-laws of the companies,
and a majority vote of the stockholders, either in person or by
proxy, was required to make them valid. In this provision un¬
doubtedly lay the most vulnerable point of the law, and had a
case ever arisen under it, the Supreme Court would probably
have declared it unconstitutional.

In 1863 it was charged that this bill had been pushed through
the legislature near the close of the session without the knowl¬
edge of the public or even of a number of members. By the
journals it appears that the bill was reported in the Assembly
by the committee on railroads " without any recommend ” dur¬
ing the evening session of February 26, 1857 — eleven days be¬
fore adjournment of the legislature. During the afternoon ses-

General Laics , 1857, Ch. 55.

Consolidation.

367

sion of March 2, under suspension of rules, it was read the third
time and passed, together icith over thirty other bills. ' In the Senate
it was referred to the committee on corporations, reported favor¬
ably, and passed by a vote of 15 to 6.1 One of the surviving
members of this Senate has written to the author that he had
not been aware that such a bill had been passed until Senator
Davis introduced a bill repealing it during the following ses¬
sion. The facts seem to indicate that there was much truth in
the assertion of the enemies of consolidation that “ the railroad
managers of Milwaukee and Chicago got slipped through the
legislature at the close of the session, when both houses were
much hurried and a critical examination of bills was incon¬
venient and almost impossible, ... a bill which gave all
the railroads in the state the right to consolidate and make just
about such arrangements as they pleased with each other in re¬
lation to a combination of their stock and capital. ” It seems
that during the following summer the Secretary of State (later,
Governor Harvey) detected “ this fraud upon the people, ” and
early during the following session of the legislature Senator
Davis from Columbia county introduced a bill repealing it. “ The
bill passed both houses by nearly a unanimous vote, received
the sanction of Governor Randall, and was placed on file in the
office of the Secretary of State. Last winter [1862-3] it was
discovered that it had been stolen from the files in the Secre¬
tary’s office, and that it was doubtful whether the statute had
been complied with as regards its publication. This left it an
open question whether the power to consolidate under the orig¬
inal bill had been taken away from the railroads by the repeal¬
ing act or not. Some of the best jurists in the state are of the
opinion that a consolidation entered into with a full knowledge
of the fraud practiced on the state in stealing the repealing act
from the public files, would be void. ” 2 Matt. H. Carpenter,

1 Vote in the Assembly not recorded.

2 Quoted from a three-column article which appeared in the Daily Life
(Milwaukee), June 27, 1863; Wisconsin State Register (Portage), July 4,
1863; Kenosha Telegraphy July 22, 1863; Waukesha Democrat , June 30,
1863; bound in Milwaukee and Prairie du Chien Railroad Reports, 1861-66,
No. 8.

368 Meyer — Early Railroad Legislation in Wisconsin.

among others, gave practically the same version of the affair at
a “consolidation meeting” held at the City Hall in Milwaukee.5
The only trace of a denial I find in a report (see below) signed
by O. H. Waldo, a prominent railroad man, in which he states
that they have corresponded with Senator Davis and that the
latter said that his bill was “ never passed, never became a law,
and so never was stolen.” However, Mr. Waldo does not pub¬
lish the letter which he alleges they received from Mr. Davis.
At any rate, both sides agree that such a bill was introduced.

A surviving member of that Senate also remembers that
Senator Davis introduced a bill repealing the Consolidation Act.
The fact should have been recorded in the Senate Journal, but
in an examination I have failed to find any notice of it. Was
this a part of the scheme which led to the alleged theft? At
any rate it strengthens the charges brought by the enemies of
consolidation. The newspaper reports of the proceedings of the
legislature were then comparatively incomplete, and I have been
unable to discover anything which would give us a positive
answer to this question.

But to return to the question of consolidation, — at the public
meeting in Milwaukee at which Matt. H. Carpenter and others
had spoken, a committee of seven was appointed to report on
the question at an adjourned meeting. At the meeting of the
committee only five were present, one of whom was independent
and apparently took no part in making the report. Two of
these issued a “majority ” report, while the other two brought
in a “minority ” report.1 2

The “majority report, ’which covers six and one-half columns,
begins by stating that the committee does not clearly see how
we can hasten or hinder any action the companies may take in
accordance with their legal rights, and that they know too few
facts relating to the contemplated consolidation to judge prop¬
erly of its merits. (It should be remembered that O. H. Waldo,
who signed the report, was a railroad man.) That the state is
a unit, and that the interests of Milwaukee are the interests of

1 Semi- Weekly Wisconsin, August 28, 1863.

2 Semi- Weekly Wisconsin , October 2, 1863; Milwaukee Sentinel ,
Sept. 10 and 21, 1863.

Consolidation.

369

the state. That the intersection of the Milwaukee and the
Chicago roads would still bring trade to Milwaukee because that
city is so much nearer. In this way the writers of the report
evidently aim at disarming suspicion, and then gradually shift
over into a one-sided argument in favor of consolidation. “We
are free from the fears resulting from a general consolidation ”
for these reasons: (1) The western shipper will not pay more
to get to a poorer market (Chicago!) (2) Our roads must be
united in order to compete successfully for the prize of western
trade against the Chicago-Galena and the Mississippi River
route. (3) There is no danger of arbitrary rates, because the
railroads are subject to the legislature, and the building of
rival roads. It is the first business axiom to cherish and in¬
crease the way business. (4) Sven consolidation with the
Chicago and Northwestern Railroad could not be detrimental,
because Wisconsin interests would control the (consolidated)
company. At present the Northwestern carries freight below
costs, and grants passes to any one who even makes a pretense
of doing business in Chicago. It discriminates against Mil¬
waukee. (5) The consolidated company would build branch
roads. (6) At present the C. & N. W. R. R. intersects both of
our roads [Milwaukee and La Crosse, and Milwaukee and Prairie
du Chien], and gives to each a certain amount of business as a
bribe for apart of its through business (to Chicago) ; — all of these
points are elaborated. The last point is so unique as to deserve
being given more in full. After the notorious case of the Cam¬
den and Amboy Railroad (N. J.) is disposed of, the committee,
with an unsophisticated air, continues: “ It is urged that a
consolidated company would have a great and dangerous politi¬
cal power in the state. It is not to be denied that a company
or an individual possessed of such a property would enjoy a
considerable influence; but we do not think our experience and
observation in the past should lead us to fear any overshadow¬
ing or disastrous results from such influence. We think it is
safe to say that generally the influence of capital upon the course
of legislation in a state is favorable to prudence and caution.
It is probably safe to say that injustice and improvidence in
24

370 Meyer — Early Railroad Legislation in Wisconsin.

legislation has been as great in the new states, possessing very
little capital, with very few rich men, and very few rich corpora¬
tions present to influence it, as in the same states when they have
grown older and richer and when those influences have become
stronger. ” Then follows a discussion of the taxes which have been
levied on railroads, and various lessons are drawn from the
railroad history of New York. " The committee have arisen
from their investigations with new courage. ”

In a similar manner I shall try to present the main points of
the "minority ” report. (1) The avowed object of consolidation
is to destroy competition and raise the rates. This will injure
the business and farming interests. As shown by a variety of
statistics the committee believes the rates to the Mississippi to
be excessive. (2) The prospects of this consolidation have led
to announcements in eastern papers that these roads would con¬
trol the business, be secure against competition, and hence be
able to pay dividends. (3) Wisconsin would be taxed for high
interest on watered stock. If consolidated at only twenty-eight
thousand dollars per mile, Wall street would realize over ten
millions ; but the aim is forty thousand per mile, which will put
into the pockets of the consolidationists twenty millions of dol¬
lars. (4) This monopoly would be the Camden and Amboy of
the northwest. " It would control the legislation, overawe the
courts, override the constitution when and as it pleased, and
hold every public man at its mercy, from the governor down to
county officers. ” (5) The consolidated road would not be owned

by Wisconsin people. (6) "Both the undersigned (J. A. Noonan
and J. D. Colver) were sent to Madison last winter, by the Mil¬
waukee Chamber of Commerce, to defeat the consolidation of the
Chicago and Northwestern Railroad and the Racine and Missis¬
sippi Railroad. This was before it had been known that the
bill repealing the consolidation act was stolen. If consolidation
was bad then, how can it be good now." (7) Robert J. Walker
projected the consolidation scheme fifteen years before; Macy and
Ogden (railroad men) favored it. These men have interests in
Chicago. " It is not our desire, if it is within our province, to
call up the past railroad history of Milwaukee with its bitter
and humiliating memories. Its generous and confiding citizens

Consolidation.

371

loaned the municipal credit to build railroads to draw the busi¬
ness of the interior of the state to this city, till the city stag¬
gered under a load of debt that threatened to paralyze its
prosperity.” (8) “We would recommend, as a state policy, a
pro rata law for freight and passengers between all points with¬
in the state, with perhaps the exception of through freights
from the Mississippi to the Lake Shore. We would have the
maximum price for passengers not to exceed three cents per
mile. ” (9) “We would have the legislature provide for the organ¬
ization of a Board of Railroad Commissioners whose duty it
shall be to see that the books and papers of all the various railroad
companies are kept within the limits of the state, where they
are amenable to its laws, and can be reached by its public
officers; they shall be examined at least monthly to see whether
they have complied with the laws and kept within the province
of their charters, and if they have not, to provide for their
proper punishment.” (10) “We would also recommend that the
next legislature be petitioned by the people of the state, to have
the law re-enacted, which was stolen from the files in the Sec¬
retary’s office before it was published, prohibiting railroad con¬
solidations within the state.” (11) A denunciation of the pass
system. (12) “Your committee sincerely hope, that the friends
of consolidation will give the public, in plain phrases, and free
from legal subterfuges and arts, the reasons why, in their judg¬
ment, the organization of a monster railroad monopoly would
benefit the state of Wisconsin. ”

These two reports present, in their essentials, all the argu¬
ments which were advanced for and against consolidation at that
time. Presumably under pressure of war events, a number of
papers practically ignored the question,1 while a few became
vehement in the discussion. It seems that the Chicago and
Northwestern Railroad was generally looked upon, at this time,
as hostile to Wisconsin, especially Milwaukee, interests; and
when the consolidation scheme embraced not only the east and
west lines but also the Chicago and Northwestern, the enemies
of the movement became exasperated. The problem was a diffi-

1 Kenosha Telegraph, Badger State, State Journal, Daily News
(Mil.); — the last named says little, but is one-sided in favor.

372 Meyer — Early Railroad Legislation in Wisconsin.

cult one. Every state in the union has had to meet it. The
national government could not escape it. And the policy of
shifting about and of meeting the question of consolidation in
a half-hearted way was followed by Wisconsin just as so many
other states had done, and from the guilt of which the national
government can not be exonerated. Failure to do so, both on
part of the state and national governments, was due largely to
a misconception of the nature of the railroad business and of
the laws of competition. The doctrine which Stephenson had
enunciated almost contemporaneously with the birth of modern
railroads, that where combination is possible competition is
impossible, had not yet been generally accepted, if indeed, that
time has now come. There was a notion abroad that competi¬
tion was a good thing; and while legislators were quarrelling
over methods of preserving it, the railroads quietly went about
their business and strengthened their intrenchments. Had our
legislators recognized the inevitable, and granted railroads the
right to consolidate, and in return for this grant made them
legally responsible for the performance of their duties to the
public and to the state, it is probable that both the railroads
and the state would have been the gainers. But a far-sighted,
prudent policy was necessary for such a course. It seems that
only a very few men showed any inclination to support such a
policy. “ In itself this concentration of railroad interests and
management is not objectionable. On the contrary, we regard
it with gratification. If the people will but profit by the ex¬
ample of other communities, and while these mammoth corpora¬
tions wield such immense power through the business interests
and necessities of the state, offset that power and hold it in
check, by keeping carefully in their own hands, to be used for
their own interests, the political power of the state, there will
be no occasion to regret this monopoly. But if the people
become negligent in these respects, and allow the political as
well as the business interests of the state to be controlled by
the same hands, they will have occasion to rue the day and hour
the monopoly had its birth.” 1 Without accepting all the editor
.says, there is unquestionably much truth in his statement.

1 Sentinel , June 27, 1863, editorial on the “Railroad Monopoly.”

Consolidation .

873

There was abundant evidence to show that the roads were doing
much underhanded work, and that there existed no “ free competi¬
tion. ” The advocate of state ownership will regret that the
roads were not bought, and he will point out the weaknesses
involved in a policy of “control.” Considering the legislative
methods then in vogue, it was fortunate that Wisconsin did not
enter upon a policy of public ownership. On the other hand, it
was a disastrous delusion to adhere to the principle of free com¬
petition, and to neglect a policy of prudent control, with all its
imperfections. In 1864, during the session following the agita¬
tion of the previous summer, the legislature enacted a law re¬
pealing the consolidation act.1 There was after that no law
authorizing consolidations, neither had it been expressly pro¬
hibited. There were loosely constructed laws authorizing rail¬
roads to establish connections, but no attempt was made to
provide for such a consolidation of railroad interests as the
principles of economy, the interests of commerce, and the
nature of the railroad business demanded. And how the rail¬
roads thwarted the intentions of the legislature is clearly shown
in the following table: 2

Year.

Number of
Companies.

Total Mileage
in Wisconsin.

Remarks.

1855 .

1856.. .

6

318.78

507.75

1857 .

6

700.18

Act authorizing consolidations passed.

1858 .

8

761.58

Act authorizing consolidations repealed, but

1859 .

8

849.48

the repealing act was stolen, it is alleged.
The alleged theft was discovered in 1863,

1860 .

10

880.71

when consolidations were contemplated on a
large scale.

1861 .

12

900.71

1862 .

12

957.18

1863 .

11

957.18

Consolidation agitation.

1 General Laws, 1864, Ch. 49.

2 The number of companies for any one calendar year may differ from
that in the table, which is based upon the state treasurer’s report; still,
the movement is as accurately represented in the numbers given. The
total mileage is based upon reports of the railroad commissioners.

374 Meyer — Early Railroad Legislation in Wisconsin.

Year.

Number of
Companies.

Total mileage
in Wisconsin.

Remarks.

1864 .

10

1,030.28

Act repealing consolidation laws, Feb. 20, 1864;
yet the C. & N. W. road carried a special con¬

1865 .

9

1,030.28

solidation act through the legislature in
1866 (P. & L. L., Ch 370k and another era of

1866 .

8

1,030.28

special legislation had begun Other roads
secured similar privileges during succeeding

1867 .

7

1,030.28

years, although som- of them were expressly
restrained from consolidating with the C. &

1868 .

6

1,140.99

N. W.R. ft.

1869 .

5

1,140.99

1870 .

5

1,286.43

1871 .

6

1,798.33

1872 .

7

1,975.41

1873 .

12

2,378.18

1874 .

13

2,465.93

Attention has already been called to the provision in the law
of 1857, which made consolidation proceedings binding when
approved by a majority of the stockholders, voting either in per¬
son or by proxy. Let us bring court decisions to bear upon this:

“The majority of stockholders may bind the minority so long
as they hold themselves within the limit of the powers granted
by the charter; but when their acts are inconsistent with the
objects and purposes for which the body corporate was organ¬
ized, they have no validity whatever. ” 1

“The majority of stockholders can not, against the objections
of the minority, divert the company’s property from purposes
of its formation. ” 2

“Corporate franchises, powers, and property, must not be
appropriated to uses or purposes not contemplated or authorized
by the charter; the smallest minority of the subscribers may pre¬
vent this; unless by doing so it prevents or arrests a public im-

1 Supported by numerous citations in Elliott Anthony’s argument before
the United States Circuit Court for northern Illinois, in the case of Wads¬
worth et al. vs. C. & N. W. R. R. Co., Wm. B. Ogden et al; pub¬
lished, Chicago, 1865, p. 103. This is really a treatise on consolidation,
the question being the legality of the consolidation of the 0. & N. W. and
the Chicago & Galena railroads. It is unfortunate that no opinion of the
case was ever written.

2Hirschl, Combinations, Consolidations, and Succession of Corpora¬
tions, p. 26.

Consolidation.

875

provement for which sufficient compensation has been provided. " 1
In England, the House of Lords, on appeal, established the
broad doctrine “ that a contract not within the scope of the
powers conferred on the corporation can not be made valid by
the assent of every one of the stockholders, nor can it by any
partial performance become the foundation of a right of ac¬
tion. ” 2 And the judge who rendered the decision in the case of
Thomas vs. R. R. Co . , felt warranted in saying that this deci¬
sion of the House of Lords represents the decided preponderance
of authority both in this country and in England, “and is based
upon sound principle. ”

“The rights, privileges and franchises of the corporation can¬
not be sold unless authorized by the legislature. ” 3

“ Any individual share-holder can enjoin a corporation of
which he is a member from misapplying its funds or from ex¬
ceeding its authority. ” 4

“ The rights, privileges, and franchises of a corporation are
created by the sovereign power of a state — and are in fact a
part and parcel of it — and on grounds of public policy,
therefore, they cannot be bought and sold or bartered away like
goods and chattels. ” 5

These quotations show plainly that, unless all the stockhold¬
ers favored it, the legality of consolidations could seriously be
drawn into question. A number of Wisconsin charters, or
charter amendments, provided for consolidation, and in those
oases the right could not be questioned so long as the provision
granting it had not been repealed. Whether or not the act of
1857 was constitutional — which seems very doubtful — is of little
moment to us. The quotations here given, bearing upon that
question, are given mainly with a view of throwing a valuable
side* light on the nature of railroad charters, and from such a
standpoint they are intensely interesting. However, the legal¬
ity of consolidations has most frequently been questioned on the

1 Ibid.

Quoted Ibid ., p. 33, from Thomas vs. R. R. Co., 101 United States, 71.

3 Anthony’s Argument, p. 63; quoted from 25 Ill., 357.

4 Ibid., p. 123.

6 Ibid., p. 143.

376 Meyer — Early Railroad Legislation in Wisconsin.

grounds of restraint of trade, ultra vires , monopoly, restricting
competition, bad public policy, and so on. Along these lines I
wish to introduce a few citations. A series of decisions1 estab¬
lishes the doctrine, that a contract in restraint of trade, or one
having for its object the prevention of competition, is not
necessarily void; and that a contract obviating ruinous compe¬
tition and, though raising prices, yet not raising them un¬
reasonably nor tending to create a monopoly, may be valid.2

" While, without doubt, contracts which.have a direct tendency
to prevent a healthy competition, are detrimental to the public
and consequently against public policy, it is equally free from
doubt that when such contracts prevent an unhealthy competi¬
tion, and yet furnish the public with adequate facilities at fixed
and reasonable rates, they are beneficial and in accord with
sound principles of public policy. For the lessons of experience,
as well as the deductions of reason, amply demonstrate that the
public interest is not subserved by competition which reduces
the rate of transportation below the standard of fair compen¬
sation; and the theory which formerly obtained, that the public
is benefited by unrestricted competition between railroads, has
been so emphatically disproved by the results which have
generally followed its adoption in practice, that the hope of any
permanent relief from excessive rates through competition of a
parallel or rival road may as a rule, be justly characterized as
illusory and fallacious. ” 3

“I see nothing in the alleged injury to the public arising
from the prevention of competition. . . . It is a mistaken

notion that the public is benefited by putting two railway com¬
panies against each other till one is ruined, the result being at
last to raise fares to the highest possible standard. ” 4

“ It should also be observed that competition among railroad
companies has not the same safe-guards as competition in trade.

1 Hirschl.

2 A railroad being in its very nature a monopoly, it is difficult to see the
force of the latter limitation, unless accompanied by a qualifying phrase.

3 Manchester & Lowell R. R. vs. Concord R. R., 20 Atl. Rep., 385;
Supreme Court of N. H., March 14, 1890; quoted in Hirschl.

4 Vice-Chancellor Wood; quoted, Ibid., p. 6.

Consolidation.

377

Persons will ordinarily do business only when then they see a
fair chance of profit; and if press of competition renders a par¬
ticular trade unprofitable, those engaged in that trade will sus¬
pend or reduce their operations, and apply their capital and
labor to other uses, until a reasonable margin of profit has been
reached. But the capital invested in the construction of a rail¬
road can not be withdrawn when competition renders the oper¬
ation of the road unprofitable. . . . Public policy clearly

does not demand that railroad companies operating competing
lines shall engage in strife causing their financial ruin ; and so
far as agreements among companies are designed to effect this
result their purpose is not injurious to the public or illegal. " 1
“ There is no principle of public policy which renders void a
traffic arrangement between two lines of railway for the purpose
of avoiding competition. ” 2

It is a source of delight to be able to bring together such an
array of high legal authorities — and the list could easily be
extended — in support of a proposition for which many of the
leading economists have long contended. It seems that at last
the vast rubbish of futile legislation on railway matters is to
be destroyed, and that a more rational policy, based upon a
recognition of the limitations of competition and the fundamen¬
tal differences existing between railroads and ordinary business
enterprises is to be pursued.3 4

As I have already stated, there are no supreme court deci¬
sions on railroad consolidation in Wisconsin, and it does not ap¬
pear to me profitable to enter into a more comprehensive presen¬
tation of the discussion of the consolidation movement in this
state, because such a presentation could contribute nothing new
or instructive on the question, as it has frequently been dis¬
cussed in the light of the railroad history of other states.*

1 Morawefz, On Corporations, §1131.

2 1 Redf. R. R., §146; quoted in Hirschl, p. 6.

3 The failure of the doctrine of free competition when applied to railroads
could be conclusively shown in an historical account of the competition
between railroads and (1) canals, (2) turnpikes, and other roads, (3) river
navigation and certain steamship lines, and (4) other railroads.

4 However, it may not be out of piace to introduce references to a num-

378 Meyer — Early Railroad Legislation in Wisconsin.

VI. TAXATION. - EMINENT DOMAIN.

The consolidationists of 1863 attempted to allay the apprehen¬
sions of their opponents by dwelling upon the “ rod of power ” 1
which the people wielded over railroads by means of taxation.
They pointed out that the rate of taxation had been advanced
from one to three per cent. That, although such a rise in taxes
was not entirely just, the railroads nevertheless “ gladly acqui¬
esced ” for fear that the legislature would impose even more

ber of the most important contributions to the discussion of 1863 of which
no notice has been taken so far.

1. Chicago and Northwestern R. R. Co., Reports, 1860-73. The report
for 1863, page 8, and the circular to the stockholders of June 20, 1864, give
the railroad side of the Northwestern and Galena consolidation.

2. Milwaukee Sentinel, June 27, 29, 30; Milwaukee Sentinel, July 3,
13, 23; Milwaukee Sentinel, August 19, 20, 25, 29. The issues of these
dates contain the most important articles, notably those signed “ United.
W© Stand ” and “ Stand from Under” which received attention in the
press all over the state.

3. Wisconsin State Register, Aug. 8, 1863; an editorial on railroads in
politics, combination and consolidation, and the capture of the governor
and legislature.

Ibid., Sept. 5, 1863; quotes approvingly an editorial from the Mauston
Star in opposition to consolidation.

Ibid., March 17, 1864; comments favorably on a bill “ to establish a uni¬
form tariff for freight and passengers on the several railroads in this
state.”

Ibid., Apr. 30, 1864; editorial on farm-mortgage law.

4. The Democratic Journal, La Crosse, July 8, 1863, alleges that the
Milwaukee press is muzzled by the railroad interests, and contains a two
column editorial, hostile to consolidation, by way of comment on letters
published in Milwaukee Sentinel by “ United We Stand” and “Stand
from Under.”

Ibid., Nov. 25, 1863, a violent editorial against consolidation.

Ibid., Feb. 10, 1864; the La Crosse farm mortgage case.

5. Waukesha Democrat, Sept. 29. 1863, comments on Milwaukee con¬
solidation meeting, and indorses the “ solid truths ” contained in the
minority report.

6. The scheme as contemplated in 1863 embraced the consolidation of
the C. & N. W., 242 miles; Prairie du Chien, 240 miles; Horicon, 50;
Watertown, 130; La Crosse, 200; Racine, 130; or a total of 992 miles. For

1 Semi- Weekly Wisconsin, Aug. 28, 1863.

Taxation — Eminent Domain.

379

onerous burdens upon them. And the people, in possession of
such power, could at any time, they said, protect themselves
against the encroachments of the consolidated railroads, which
so many regarded with suspicion and fear. Aside from the pur¬
pose for which the railroad men at that time employed this ar¬
gument, we must admit that there was much truth in their as¬
sertion. The taxing power, prudently and justly employed , in

an excellent presentation of the Chicago-Galena consolidation I wish
again to refer to Anthony’s Argument before the U. S. Circuit Court.

7. 7 Wis., 59 (Mil. & Pr. du Ch. R. R. vs. Watertown Plankroad Co.).
A corporation is not only incapable of making contracts which are for¬
bidden by its charter, but in general it can make none which are not nec¬
essary either directly or indirectly, to effect the object of its creation.
(Also in Rock River Bank vs. Sherwood , 10 Wis., 231.)

8. Adler vs. Milwaukee Pat. Brick Co., 13 Wis., 57. The capital
stock of a corporation, both that which has actually been paid in, and
that which remains unpaid, is regarded in law, as a trust fund, in which
creditors and stockholders are alike interested. And it cannot be diverted
to any other purpose, than the purpose for which it was subscribed and
paid.

9. 11 Wis., 306 and 14 Wis., 625. A railroad corporation can not engage
in any distinct or separate branch of business not authorized by its char¬
ter, for the purpose of raising funds to accomplish the objects for which
it was created. (From Judge Cole’s decision in the latter case.) In Ch.
II we saw that several charters expressly prohibited railroads from engag¬
ing in other kinds of business. The same is supported by citations in Hirschl
(p. 26), where he says that “ the power to either make or accept a lease of
a railroad property is not among the ordinary powers in a charter. Nor
does it include power to engage directly, or by means of guaranty, indi¬
rectly, in collateral disconnected undertaking, though for the purpose of
thereby obtaining subscription to stock.” However, the right of a rail¬
road company to make a guarantee to a steamship company in order to in¬
duce if to make connections was established for Wisconsin, in the case of
the Green Bay and Minnesota R. R. Co. vs. Union Steamboat Co.,
107 U. S., 98, and 2 U. S. Sup. Ct. Rep., 221. The Wisconsin legislature,
by special acts, granted railroads certain privileges in connecting with
Michigan R. R. and S. S. lines; chapter 76 of the General Laws of 1853
provided for these cases.

10. General Laws of Wis., 1872, Ch. 124: “An Act to confirm the con¬
solidation heretofore attempted of railroad companies existing under the
laws of Wisconsin, with railroad companies existing under the laws of
Illinois, under the name adopted by them.”

380 Meyer — Early Railroad Legislation in Wisconsin.

connection with other comprehensive acts on railroads, would,
undoubtedly have been satisfactory and ultimately profitable to
both the public and to the railroads.

Chapter 74 of the General Laws of 1854, “An Act taxing
Rail Roads and Plank Roads ” (published April 30, 1854), was
the first of the series of Wisconsin laws taxing railroads. Sec¬
tion 1 of this law required railroad companies to make aD an¬
nual report to the state treasurer stating the gross earnings of
the roads during the preceding year. Section 2 levied a tax of
one per cent, per annum on the gross earnings thus returned,
to be paid on or before January 10 of each year. In case a com¬
pany did business in other states too, it paid the tax only on
such a part of its gross earnings as its mileage in Wisconsin
was part of its total mileage. This tax was the only tax which
a company could be made to pay. “ Which amouut of tax shall
take the place and be in full of all taxes of every name and kind
upon said roads, or other property belonging to said companies ,
or the stock held by individuals therein, and it shall not be
lawful to levy or assess thereupon any other or further assess¬
ment or tax for any purpose whatsoever . ” The italicized words
mark the extraordinary feature of this section. Section 3
imposed a fine of ten thousand dollars on failure to comply
with the provisions of this act. Evidently the legislature was
in earnest. Section 5 authorized the state treasurer, in case of
failure to make proper returns, to assess one per cent, on the
estimated gross receipts of any derelict railroad company, and
to lay upon “ the whole or any of the property, rights, and fran¬
chises of said company ” to satisfy his claims. The other sec¬
tions of the bill have no significance for our purposes.

The financial crisis of 1857-8 gave rise to the second act of
the legislature on the subject of taxation. The legislature which
met in January, 1858, was besieged with memorials from many
parts of the state asking for an extension of time in which to
pay taxes.1 In Milwaukee, exciting public meetings were held,
and a bitter war was carried on in the newspapers on matters
growing out of taxation. The governor in his annual message
to the legislature speaks of “ a gloomy prospect for the tax-

See Assembly Journal, 1858.

Taxation — Eminent Domain.

381

payers of the State, especially in a time of great financial dis¬
tress,” and the editor of the Sentinel 1 expresses it as his belief
“that some measure of relief is absolutely necessary. People
have not got and cannot get the money to pay their taxes now. ”
“A cry for relief is going up from all parts of the state;”
people find it impossible to pay now, and an extension of time
is generally and earnestly desired.1 2 How greatly Wisconsin
railroads were involved in the tumbling over of the pyramid
which had been built on its apex can not be stated with cer¬
tainty. But considering that their gross earnings decreased
over one-third, and that the one available report for that year
opens with a rehearsal of the hard times, it is probable that
the “ Act Relating to Taxes and Pines due from Railroad and
Plankroad Companies ” 3 was simply one of a number of acts
passed for the relief of taxpayers. Besides extending the time
in which the provisions of the law of 1854 may be complied
with, this law contains the following extraordinary provision:
“Nothing herein contained shall be construed to require the
collection of said fines and forfeitures for any default made by
such companies in any preceding year. ” 4 This practically re¬
pealed that section of the law of 1854 imposing a fine of ten
thousand dollars for non-compliance with the act; and it was
probably the intention of the legislature to make compulsion
more easy, when it passed the law5 inaugurating the license
system. By this law the state treasurer was authorized to issue
licenses to railroad companies. The licenses were to be issued
only on application, and when accompanied by a fee of one per
cent, of the gross earnings of the applicant. The law undoubt¬
edly made the collection of the tax easier. During the same
year6 another important law was enacted. It is a general rule
today that exemption from taxation does not exempt the same

1 Jan. 7, 1858.

2 Sentinel , January 12. See also succeeding numbers.

3 General Laws , 1858, Ch. 45.

4 It is strange that the treasurer’s reports for preceding years contain no
intimation of any such “defaults;” nor do the reports of the secretary of
state mention the same.

5 General Laws , 1860, Ch. 174.

6 Ibid., 1860, Ch. 173.

382 Meyer — Early Railroad Legislation in Wisconsin.

property from special assessments. It was for this reason that
the law of 1854 seems extraordinary. By the law of 1860 the
payment of the license fee exempted railroads from all taxes
except special assessments. “ The track, right of way, depots
grounds and buildings, machine shops, rolling stock, and all
other property necessarily used in operating any railroad in this
state, belonging to any railroad company, are hereby, all and
singular, declared to be, and they shall henceforth remain exempt
from taxation for any purpose whatever; and it shall not be
lawful to assess or impose taxes upon any property before
named ; Provided , however , that all the property hereinbefore
mentioned shall be subject to special assessments, for local im¬
provements, within cities and incorporated villages: And pro¬
vided, also, that all lands owned or claimed by such railroad,
companies, not adjoining the track of such company shall be
subject to all taxes, to the same extent as though the act had
not been passed.” This provision was inserted verbatim in the
assessment laws of 1868. 1 2 *

In 1862 2 the license fee was increased to three per cent.,
payable in two installments if railroads desired to do so. In
1870 3 the fee was raised to six per cent.; but the additional
three per cent., while collected with the former three per cent.,
being in consideration of the bonds issued by towns, counties,
and municipalities, was placed to the credit of these bodies
which had extended aid to such railroads, so that only the bal¬
ance due on bonds was raised by taxation in the respective towns,
counties and municipalities. And by a subsequent act 4 the fee
was again reduced to five per cent., the extra two per cent, to
be used as before.

There are a few supreme court decisions bearing on the sub¬
ject of taxation, which deserve mention here. The first was the
case of the Chicago & Northwestern Railroad vs. Fort Howard*
in thich the railroad company protested against an attachment

1 General Laws 1868, Ch. 130, §13.

2 General Laws 1862, Ch. 22.

8 Ibid., 1870, Ch. 40, §5.

'Ibid., 1871, Ch. 48, §5.

6 21 Wis.,45.

Taxation — Eminent Domain.

38a

being made on their rolling stock for non-payment of taxes, on
the ground that the law1 declared the rolling stock of a railroad
company a “fixture. ” The court ruled that rolling stock had been
declared a “ fixture “ only for certain purposes (such as enabling
the company to give liens), but that it was nevertheless personal
property, and as such liable to sale for unpaid taxes.

The next was a decision handed down in 1867. 2 It involved
the question of special assessments. By referring to the law
of 1854, as given in a preceding page, it will be noticed that
even special assessments were excluded. But the city charter
of Milwaukee3 provided that real estate exempted from taxation
by the laws of the state, shall be subject to special taxes as
other real estate under the charter. The court held that the
legislature of 1852 could not bind the legislature of 1854, and
that the law of 1854 was clear in excluding special assessments.
So far the decision seems sound. Still, it might be urged that
without an act repealing section 22 of the charter, the railroads
could be held responsible for special assessments. However,
the decision was not written until September, 1867, seven years
after an act had been passed holding railroad companies for
assessments. The appellant even calls attention to this law,
and the chief obstacle in its application to this case seems to
have been the date of its publication compared with the date on
which action was taken for the sale of property for assessments.
In the light of these facts, it does not seem clear that it was
not the intention of the legislature to hold the railroads for
special assessments, and the decision does not appear to have
been in harmony with the development of the system of assess¬
ments. Courts can not decide according to the desirability or
undesirability of things, nor can they decide in a certain way
in order to avoid a check on the healthy development of a sound
system of finance. These are matters belonging to the legisla¬
tive department of government. But when a secondary question
which can be construed in either way comes into consideration,
it would seem good public policy to construe it in favor of a

1 Revised Statutes, 1858, Ch. 79, §34.

2 Brightman vs. Kirner, 22 Wis., 53.

3 Laws, 1852, Ch. 10, §22.

884 Meyer — Early Railroad Legislation in Wisconsin.

system which is both just and expedient. Does the decision
of 1867 do this?

Another important case was that of the "Dousman House” in
Prairie du Chien.1 The hotel had claimed exemption under the
laws exempting railroad property. The court would give the
statute a ‘‘liberal construction.” but evidence had been intro¬
duced showing conclusively that the Dousman House was not
strictly a railroad hotel, but that it admitted any one who chose
to come ; and that, too, when there were good hotels in the city.
It was doing a general hotel business, and, on that account, was
held by the court liable for the taxes. In the decision, the
court took occasion to say that the erection and maintenance of
hotels or places of accommodation cannot, in many cases at
least, be well or properly be left to private or individual capi¬
tal and enterprise; but that they should be and remain under
the management and supervision of companies as being neces¬
sarily connected with and forming a part of this mode or sys¬
tem of transportation or travel. This remark on "private or
individual enterprise” is interesting when compared with utter¬
ances on the same subject in relation to paving streets, lighting
a city, or even building a railroad.

A decision was rendered by the same judge in a second
case by the same parties, in 1876. 2 The hotel property was
assessed in 1873, and sold in 1874 for non-payment of taxes,
and the action was brought to set aside the tax certificate
issued on such sale. The ground taken was similar to that of
the first case. Meanwhile the hotel had been remodelled, and
its name changed to "Railway Hotel,” and from that time on
had been used principally, though not exclusively, for travelers.
The court held that since the hotel was used " principally for a
purpose necessary to the operation of the railroad” it was not
subject to taxation under the laws of the state. The principal
use was the point on which the decision turned.

The question of taxing warehouses and elevators involves a
similar principle.3 Are elevators and warehouses necessarily

1 Milwaukee & St. Paul Railroad Co. vs. Board of Supervisors of
Crawford County , 29 Wis., 116; June, 1871.

2 48 Wis., 666.

3C., M., & St. Paul R. R. Co. vs. City of Milwaukee, 34 Wis., 271.

Taxation — Eminent Domain.

885

used in the operation of a railroad? The court held that if the rail¬
road company had had no such elevators and warehouses in the
city, numerous private parties would no doubt have been ready
to provide them. The warehouses in question were used, free
of rent, by various steamship companies; and the warehouse
agent, in a sense, served as agent for both the railroad and
steamship companies. Hence warehouses were held exempt
because of their similarity to depots. But in regard to elevators
the court held that they were “not necessarily used in operat"
ing the railroad” and hence not exempt from taxation.

To what extent the railroads have contributed towards paying
the expenses of the state government is shown in the following
table :

Year.

Per cent, of total
receipts of the state
treasury contrib¬
uted by railroad
companies.

Year.

Percent, of total
receipts of the state
treasury contrib¬
uted by railroad
companies.

1854-55 .

0.9

1875-76 .

23.3

1855-56 . . .

1.2

1876-77 .

21.2

1856-57 . .

1.4

1877-78 .

20.4

1857-58 .

1.2

1878-79

21.8

1858-59 . .

1.3

1879-80

23.9

1859-60 .

3.01

1880-81

23.6

1860-61 . .

1.4

1881-82 ..

23.1

1861-62 .

5.7

1882-83 .

26.2

1862-63 .

4.0

1883-84

34.6

1863-64 .

5.0

1884-85 .

35.9

1864-65 .

10.9

1885-86 ....

23 5

1865-66 .

11.5

18«6-87

23.4

1866-67 .

17.9

1887-88 .

28.4

1867-68 .

14.1

1888-89

40.8

1868-69 .

16.9

1889-90

45.9

1869-70 . . . .

17.7

1890-91

31.9

1870-71 .

14.1

1891-92

37.7

1871-72 . .

12.4

1892-93

32.4

1872-73 .

11.8

1893-94

32.6

1873-74 .

18.7

1894-95

34.0

1874-75 .

22.3

1895-96 .

27.8

1 It is doubtful whether the figures on which this calculation was based are correct.

25

886 Meyer— Early Railroad Legislation in Wisconsin.

The question of expropriation needs little attention here for,
in the chapter on charters, the general provisions have already
been dealt with. It was noticed there that a number of char¬
ters provided that the advantages as well as the disadvantages
accruing to owners of property to be expropriated shall be taken
into consideration. To what extent owners were compensated
in “ advantages ” is difficult to ascertain. Owners were to re¬
ceive “just compensation, ” but what constitutes just compensa¬
tion was not defined by law until 1872. “ The commissioners

shall view the premises described in the petition, and hear the
allegations of the parties, and shall appraise, ascertain, and de¬
termine the value of each tract or parcel of land proposed to be
taken, with the improvements thereon, and of each separate es¬
tate therein, and the damages sustained by the owner by reason
of the taking thereof, and fix the compensation to be made to
each of such owners thereof; and in fixing the amount of such
compensation, said commissioners shall not make any allowance
or deduction from the value of the real estate taken on account
of any real or supposed benefits which the parties in interest may
derive from the construction of the proposed railroad ’, or the con¬
struction of the proposed improvement connected with such
road, for which such real estate may be taken ; but special bene¬
fits to the real estate adjoining the lands so taken, shall be al¬
lowed in deduction of any damages sustained by the owner to
such adjoining real estate. ” 1 This law invalidated one of the
most objectionable features of the first charters. An early court
decision2 declared that private property can be taken only for
public use , and then only when full compensation is given.

And the public use, “ in view of which the power of expro¬
priation is delegated to railways, is the right of the public to
carriage on tender of reasonable compensation, and power of
the state to control the franchise and regulate toll. ” 3 The ex¬
istence of a necessity for taking property for the use of the cor¬
poration is distinctly made a condition precedent to such rights

1 An act in relation to railroads and the organization of railroad com¬
panies, Apr. 1, 1872, Ch. 119, §§15-22.

2 Thien vs. Voegtlander , 3 Wis., 415.

3 Whiting vs. S. & F. R. R., 25 Wis., 167.

Taxation — Eminent Domain.

387

of condemnation, however objectionable may be the mode pre¬
scribed by the law for determining that such necessity exists.1
The constitution contains a similar provision. “ No municipal
corporation shall take private property for public use against
the consent of the owner, without the necessity thereof being
first established ^by the verdict of a jury.2 A later court deci¬
sion declared the power of expropriation to be political and not
judicial.3

These are the most important court decisions bearing on the
subject of eminent domain. How much was actually paid, and
by what methods damages were awarded in practice seems to be
difficult to determine. In many cases, of course, the right of
way was donated. And even where it had to be purchased the
low price of land kept this item of expense of railroad compan¬
ies down to a relatively low figure. Occasionally the news¬
papers protest against the methods employed by the railroads,4
but evidence on which to base a judgment as to the justice of
these charges is wanting.

The annual crop of special legislation has been continued into
the present. A photograph of the backs of the volumes con¬
taining the session laws would alone be a revelation. The ear¬
lier volumes contain both the private and public laws, and they
are small volumes at that. Then as the state is developed, the
size of the volumes increases, the private and the public acts are
each published in separate volumes, and the volume containing
the special laws soon reaches extraordinary dimensions, when
compared with that containing general acts. The attempt to
pass a general law in 1853 failed, not because of opposition
among the people and the press, but because the railroad “ pro¬
jector ” saw in it the despoiler of his selfish designs. To have
carefully examined the charters applied for, would have kept the

J34 Wis., 271; 6 Wis., 636; 27 Wis., 108; 33 Wis., 413.

2 Constitution of Wis., Art. XI, §2.

3 48 Wis., 385; see also 10 Wis., 242; 25 Wis., 60.

4 Sentinel and Gazette , March 5, 1850, contains resolutions passed at
a meeting of “ farmers and citizens ” condemning a railroad company for
its arbitrary and unjust procedure in the matter of expropriation. In a
subsequent issue the railroad officials deny the charges.

388 Meyer — Early Railroad Legislation in Wisconsin.

legislature busy even if no other business had been brought be-
fore it. Again and again charters were passed in quick succes¬
sion, differing in their provisions so widely that it seems impos¬
sible that the same legislature could have granted them. How
a dangerous law could be steered through the legislature, was
well illustrated by the consolidation act. Amendments to
charters could usually be obtained, securing grants of power
previously denied, or which could now serve the purposes of
manipulators the better. To incorporate in a charter provis¬
ions which had been provided for by general legislation seems
not to have attracted the least attention. The passage of spe¬
cial laws on subjects covered by general laws previously enacted
is one of the extraordinary features of our legislative history.

Madison , Wis. , November , 1898.

THE RELATION OF MOTIVES TO FREEDOM.

EDWARD H. MERRELL, DD., LL. D.

Professor of Mental and Moral Philosophy , Ripon College.

The elucidation of the subject of this paper demands first of all
that we have a clear view of the nature of liberty, as applied to
the acts of the will. Not to descend to needless detail, let it be
noted that the mind has three forms of volitional activity, any
one of which can be readily discriminated from another, and all
of which with their relations must be understood in order to
hold any clear knowledge of the nature of freedom. Following,
therefore, the old definition of faculty, namely, the capacity of
the mind for any of its distinguishable kinds of activity, we
should say that there are three faculties of will, or volitional ac¬
tivity, instead of one. We must note, also, that while these
forms of activity are interdependent, they are not all in the
same sense free. Indeed, only one of them is strictly free, the
freedom of the other two being a derived liberty from the first.
To give these faculties names and briefest possible definition,
let us call the first Ultimate Choice , the second Proximate Choice ,
and the third Executive Volition. The Ultimate Choice is the
mind’s acceptance of an end for what is intrinsic in it. A Prox¬
imate Choice is the mind’s acceptance of an end because that
end is seen to be promotive of another end ulterior to itself; a
choice necessitated as long as the ulterior end is maintained. An
Executive Volition is the mind’s active effort to accomplish, exe¬
cute, carry out choices, and attain ends, an effort necessitated un¬
less the end antecedently selected and chosen for accomplishment
shall be abandoned. The freedom, therefore, of proximate
choices and executive volitions is derived, and does not belong
to the acts in themselves, to the acts per se. To limit the free¬
dom of the mind to the ability to execute its own purposes, is
to give it merely the freedom of a stone, when unobstructed, to
26

390

Merrell — Relation of Motives to Freedom.

roll down hill. Much of the discussion on the subject of liberty
would be obviated, if it could be conceded at the outset that
proximate choices and executive volitions are free, not in them¬
selves, but in the power of the mind to change the ultimate to
which they are related on the occasion of any of their specific acts.

But it is important to note the narrow sense in which the
Ultimate Choice itself is free. Any liberty at all must be
the power to originate and determine action or state of being.
At a single point of activity the mind has this power, and at a
single point only, the point of ultimate choice; and the liberty
of which we seem conscious as pervading all forms of activity
is in reality derived from this. In ultimate choosing the mind
can originate action; by which is meant that any consequence
of this particular form of action has no necessary cause except
the mind, or the will, itself. The relation between the anteced¬
ent and the consequent is that of freedom; the antecedent
existing, either one of two consequents may follow, and one
of them must follow. In this action also the mind can deter¬
mine action; by which is meant, that the mind has the power
of freely establishing the direction of its action in relation to
the ultimate end. It may choose or refuse to choose this end;
will it or nill it.

Now the best definition of this free choice is, that it is re¬
gard for the end for what is intrinsic in it, or, on the other
hand, the refusal to regard the end notwithstanding what is in¬
trinsic in it. Each of these acts is a positive choice, a positive
volitional act, though the latter is negative in direction. The
one is a positive choice, the other a positive refusal. The two
choices are alternatives in action, either being at any instant
possible. But the end is intrinsic; and, if there be no valu¬
ableness per se, no end in itself, no good which is good for noth¬
ing beyond itself, then freedom is clearly impossible, and the
notion of the liberty of our wills is a delusion, a fancy without
substance of reality, a pleasant fiction for our amusement, which
offers no support for real instruction.

If these points may be accepted without argument or illus¬
tration, we are ready to inquire what is the relation of motives
to this ultimate choice? The comprehensive definition of mo-

Motive Defined .

391

tive is this : All is motive in view of which, or under the
influence of which, the will acts. The most important discrim¬
ination implied in this definition is, that motives are of two kinds,
that is, generically two : the one kind is made up of those persuas¬
ives which are addressed to the mind through intelligence, the
other those that are addressed to the mind through feeling in any
form. The will acts “in view of, ” which implies intelligence, and it
acts “ under the influence of, ” which implies feeling. These classes
of motive are inconvertible the one into the other, and, since
they are unlike in kind, they are incomparable and incommen¬
surable as to strength. We cannot estimate the relative amount
of sweetness in a lump of sugar as compared with the sweetness
of the Scotch song “Annie Laurie,” nor either with the sweet¬
ness of a rose. Just at this point error has marred many ex¬
positions of the nature of the will. It is assumed that all
motive is in feeling in this form or in that, and that a reason
becomes a motive only as it awakens a desire. “ There can no
more be motive except in the form of good or happiness to the
agent,” says Dr. N. W. Taylor, “than there can be motive
which is not motive.” A logical corollary of the statement is,
that the will is as the strongest motive; and a second corollary
is, that the will is not free; for it must act, according to the
theory, in the line of the strongest desire. Indeed, if there be
no motive except in feeling, notwithstanding our prejudices in
favor of liberty, the doctrine of freedom as applied to the will
must be abandoned.

Motives, then, are of two kinds; they are either intellectual
or emotional, rational or in feeling. Of the former class we
may note that they persuade the will in three special ways.
First of all, the intelligence apprehends the intrinsic value that
resides in the end per se , the ultimate good, and persuades the
mind or will to choose this good on its own account. This
value which resides in the ultimate end, and which the intelli¬
gence apprehends as valuable on its own account, has been
called by some the subjective motive — subjective, not because
it is in the mind, but because it is in the end itself. It is the
inward reason in view of which the will acts; and the imme¬
diate moral state of the soul is determined by the question

892 Merrell — Relation of Motives to Freedom.

whether this subjective motive is accepted or rejected in the*
will’s ultimate act. The mind is free to choose or to reject this
ultimate value which the intelligence presents ; and as the last
element of freedom is just here, so also here must be found the
ultimate element of virtue or sin. Second, the mind estimates
the value of a proximate end and its relation to one ulterior as
promotive of it, and persuades to its accomplishment or dis¬
suades from its pursuit according as this end is or is not judged
to be promotive of the ulterior end which has been previously-
accepted. The value in a proximate end is known to be rela¬
tive, and not intrinsic ; and, since it is not sought for its own
sake, the immediate motive of its pursuit does not determine-
the question of moral state. Rational motives in this form con¬
sist simply in intellectual estimates of values and tendencies.
In a third general way, motives are presented to the mind by
the intelligence when it apprehends the relation of some proxi¬
mate end to the gratification of desire. It is impossible in this
brief statement to tarry with explanations of the latter two of
these classes of motives ; all we need to say of them is that they
have no immediate relation to liberty of choice. They are in
all minds, influence all minds, but they do not determine the-
moral state.

The second great class of motives consists of those of every
sort which are furnished to the mind by desire or impulse. The
desire is the real motive, rather than that on which the desire
fastens. These act directly on the will without the interven¬
tion of intelligence, and in general persuade the will to become
subordinated to themselves. They act as a vis a ter go ; and if
no intelligence intervenes, or, as in the case of the brutes, if
there be no rationality to intervene, the mind becomes practi¬
cally an automaton, going uniformly in the way of the strongest
momentary desire. Even if the desire be in the line of objective
or outward right, the will is not virtuous while in subjection to
such desire; and this for the reason that desire in any form
does not control the will in freedom, that is, does not determine
its action in reference to the ultimate end.

In their relation to liberty motives may be contemplated as
either objective or subjective, though the use of those terms in

Summary .

398

this sense is not common among writers on psychology. Ob¬
jective motives are all of those facts, objects, perceptions, and
feelings which are constantly present to the mind, and which
tend in whatever way to influence its action. Subjective mo¬
tives are those which the mind actually accepts in intelligent
choice, and are the inward reason in view of which the will acts.
But the subjective motive by eminence is the intrinsic good
which the mind accepts or rejects in the exercise of freedom.
At this point error of statement is common. Joseph Cook in
commenting upon a boy climbing a tree to steal apples said,
“ The apples are the objective natural motive, the boy’s appe¬
tite the subjective natural motive, his intention the moral mo¬
tive.” The serious trouble with the analysis is that the inten¬
tion is not a motive at all; and the critic is not too severe who
adds, "that the boot or the board which the owner of the or¬
chard applies when he catches him at it, is the boy’s natural lo
comotive. ” The term moral is not applicable to motives, but
only to free acts.

Of this brief statement, then, the following is the sum:

1. The will is not free to act without motives. Spontaneous
origination of action in this sense is impossible. Motives are
the occasions of the will’s choice; it itself is the cause.

2. The will is not free both to choose the ultimate good and,
while maintaining that choice, to yield to motives which per¬
suade the will to pursue proximate ends judged to be not pro¬
motive of the ultimate.

3. The will cannot act counter to all motives both in intelli¬
gence and desire, both objective and subjective.

4. The will is free, in spite of all conflicting motives, to choose
or refuse to choose the intrinsic good. At this point, the point
of ultimate choices, the element of liberty resides; and here the
ethical quality of the choice is determined by the question
whether the subjective motive, that is the value in the end itself,
is freely accepted or refused. That freedom extends to proxi¬
mate choices and executive acts is not denied ; but they are free
only as related to the ultimate choice from which they derive
their liberty. Morality is in no way determined by the relation
of motives to these subordinate acts.

Ripon, Wis ., November , 1898.

TRANSACTIONS

OF THE

WISCONSIN ACADEMY

OF

SCIENCES, ARTS, AND LETTERS

VOL. XII, PART II
1899

WITH TWELVE PLATES

EDITED BY THE SECRETARY

Published by Authority of Law

MADISON

Democrat Printing Company, State Printer
1900

LIST OF PLATES.

To face page.

XI-IV. Lincoln, on Electrical Conductivity, . . 427

V. Lincoln, on Electrical Conductivity, . . 429

VI. Lincoln, on Electrical Conductivity, . . 437

VII. Lincoln, on Electrical Conductivity, . . 441

VI1I-IX. Harper, on Nuclear Phenomena, . . . 498

X-XI. Chandler, on Inter-generation Period, . 500-502

XII-XIII. Marsh, on Epischurci Lacustris , Forbes 549

TABLE OF CONTENTS.

ORIGINAL PAPERS.

PAGE.

The electrical conductivity of non-agueous solutions (with

plates II to VII), . . Azariah Thomas Lincoln , 395

The influence of the presence of pure metals upon plants,

Edwin Bingham Copeland , and Louis Kahlenberg , 454

Nuclear phenomena in certain stages in the development of

the smuts (with plates VIII and IX), Robert A. Harper , 475

The inter-generation period (with plates X and XI),

Charles H. Chandler , 499

Combinations of Pythagorean triangles as giving exercises

in computation, . . Truman Henry Baf'ord, 505

Chartism — a chapter in English industrial history,

Edward D. Jones , 509

A study of the Greenback movement, 1876-84,

Orin C. Libby , 530

On some points in the structure of the larva of Epischura

lacustris , Forbes, ... (7. Dwight Marsh, 544

The unsteady motion of viscous liquids in capillary tubes,

Henry Charles Wolff \ 550

MEMORIAL ADDRESSES.

Harlow S. Orton, .

John Goldesborougii Meachem,
Christian Preusser,

Alice Marian (Aikens) Bremer,
James Clarke Foye,

Wayland Samuel Axtell,

. James D. Butler , 554
John G. Meachem , Jr., 555

557

559

. Janette W. Foye , 560
Luta Axtell, 560

iv

Table of Contents.

THE WISCONSIN ACADEMY OF SCIENCES, ARTS, AND

LETTERS-

Officers .....

PAGE.

562

Standing Committees

563

Past Presidents

563

Honorary Members

564

Life Members

564

Active Members

565

Corresponding Members

576

Members Deceased

579

Extracts from the Charter

580

Extracts from the Wisconsin Statutes of 1898

582

Constitution of the Academy

583

Resolutions ....

586

List of Exchanges

589

PROCEEDINGS OF THE ACADEMY.

Report of the Secretary —

Twenty-eighth annual meeting, 1897 .... 617

Twenty-ninth annual meeting, 1898 .... 622

Thirtieth annual meeting, 1899 ..... 627

Reports of the Librarian, 1897-98-99 .... 633

Reports of the Treasurer, 1898-99 .... 636

General Index, Yol. XII, Parts 1 and 2 . . . 639

CORRECTIONS.

VOL. XI.

Page.

564, Line 2. For “1898 ” read “ 1897.”

VOL. XII.

78, Line 6. Following “1815” for “in” read
78, Line 32. For “paid are” read “were.”

203, Line 4. For “ Barbie ” read “Barbier. ”

502, Line 2 from foot. For “ three ” read “ live. ’
508, Omit triangle No. 20.

402, Table following. Bead “Table I.”

THE ELECTRICAL CONDUCTIVITY OF NON-AQUEOUS

SOLUTIONS.1

AZARIAH THOMAS LINCOLN, PH. D.

University of Wisconsin.

WITH PLATES II TO VII.

INTRODUCTION.

Van’t Hoff formulated his modern theory of solutions from
the results of Pfeifer’s 2 classic experiments on the osmotic
pressure of a few substances in aqueous solutions, and from
the work of de Vries 3 who pointed out that equimolecular
quantities of dissolved substances produce the same osmotic
pressure. Van’t Hoff4 stated that the condition of a substance
in the gaseous state is analogous to the condition in which a
substance exists in dilute solutions wherein the osmotic pres¬
sure of the dissolved substance corresponds to the pressure of
the gaseous particles. It was soon observed, however, that
many substances did not give normal values for the osmotic
pressure, the rise of the boiling, or lowering of the freezing
point; and thus that the laws of gases would not hold for solu¬
tions of these substances.

Arrhenius pointed out that those substances which yield
solutions in water that conduct electricity are acids, bases,
and salts (called electrolytes); and that they are the same class
of compounds as give abnormal values for the osmotic pressure,
the rise of the boiling point, and the lowering of the freezing
point in aqueous solutions. In order to explain these anom-

1 A thesis submitted for the degree of Doctor of Philosophy, University
of Wisconsin, 1899.

2 Osmotisehe Untersuchungen , Leipzig, 1877.

3 Zeit. phys. Chem. 2, 414; 1888.

4 Zeit. phys. Chem. 1, 481; 1887.

396

Lincoln — Electrical Conductivity.

alous results, Arrhenius 1 promulgated his well known theory
of electrolytic dissociation, which has been very widely accepted.
The theory has, however, met with very strong opposition par¬
ticularly from the English chemists. Some English scientists
contend that the supposition that the molecules of the dissolved
substance are electrolytically dissociated is not necessary to ex¬
plain the facts, and that in many cases it is not adequate. How¬
ever, the dissociation theory has stimulated the investigation of
■aqueous solutions and particularly as to their electrical con¬
ductivity. Attention has also been directed to the study of
mixtures of water with other solvents, and more recently the
attention of scientists has been directed towards the character
■of solutions other than aqueous. The investigation of non-
.aqueous solutions is replete with interest, and many lines of
research, both theoretical and practical, offer themselves, the
interdependence of which is very apparent. But the present
research is confined chiefly to the electrical conductivity of non-
aqueous solutions.

The degree of dissociation in aqueous solutions is calculated
from determinations of the electrical conductivity and also from
he rise of the boiling point and the lowering of the freezing
point of the solutions; and the results show very close agree¬
ment. Hence in connection with the conductivity measure¬
ments of non-aqueous solutions, it is desirable to have boiling
point and cryscopic determinations to aid in ascertaining the
molecular condition of the dissolved substance. Since these
methods are employed to determine to what extent the disso¬
ciation has taken place in aqueous solutions, one would natur¬
ally be inclined to apply them to solutions other than aqueous;
for it is reasonable to suppose that the methods are as appli¬
cable to one solvent as to another. The advocates of the elec¬
trolytic dissociation theory state that whenever any solvent
conducts electricity the dissolved substance is dissociated elec¬
trolytically, and consequently the solvent possesses dissociative
power. This meaning of the term, dissociative power, will be
retained throughout this paper. The agreement between the
values for the degree of dissociation in non-aqueous solutions

1 Zeit. phys. Chem. 1, 631; 1887.

Introduction.

397

as calculated from the boiling point or the cryscopic, and from
the conductivity determinations, is not nearly as close as in the
case of aqueous solutions. In many cases the boiling point de¬
terminations show practically no dissociation, while the solu¬
tion conducts well. It must be remembered, however, that a
slight amount of dissociation cannot be detected by the boiling
point method; and where the conductivity is slight, the disso¬
ciation might be sufficient to account for it. However, this
difficulty would not be experienced in solutions that conduct
well. Since these methods are used to determine the degree of
dissociation and the results show so slight an agreement in non-
aqueous solutions, it seems but proper to ask which of these
methods shows the correct degree of dissociation ; and one might
further ask which of the methods is a measure of the dissocia¬
tive power of the solvent.

A number of auxiliary theories have been advanced to explain
many of the facts observed in ■ relation to the conductivity of
non-aqueous solutions. Nernst1 calls attention to the fact that
solvents which conduct electricity have a high specific inductive
capacity. Briihl2 concludes that the dissociative power of solv¬
ents is dependent upon spare valences; that is, the solvents
that yield solutions which conduct, are unsaturated compounds.
Dutoit and Aston 3 claim that only those solvents the molecules
of which are polymerized, yield conducting solutions. Abegg
points out that even these theories are not sufficient to explain
satisfactorily the phenomenon of the electrical conductivity of
non-aqueous solutions. These theories will be discussed more
fully subsequently.

In face of the data that have been collected, and in view of
the fact that such a large number of chemists to-day do not ac¬
cept the electrolytic dissociation theory as applied to aqueous
solutions, one may well hesitate to apply this theory to non-
aqueous solutions, until there is a sufficiently firm experimental
basis to justify it. The chief object of this investigation is

1 Zeit. phys. Chem. 14, 622; 1891.

2Zeit. phys. Chem. 18, 514; 1895; 27, 317; 1898; Ber. Chem. Ges .,
Berlin 30, 162; 1897.

3 Comptes rendus , 125, 240; 1897.

398

Lincoln — Electrical Conductivity.

therefore, to determine to what extent Arrhenius’ theory, which
is based upon the behavior of electrolytes in aqueous solu¬
tions, can be applied to the solutions that are non-aqueous. In
presenting the results of this investigation, an inquiry will also
be made as to whether there is any relation existing between
the dissociative power of solvents and their other general prop¬
erties.

EXPERIMENTAL PART.

Qualitative Determinations.

In an investigation of the electrical conductivity of non-
aqueous solutions, the chief requirement is that both the solv¬
ents and the dissolved substances be absolutely free from water.
To accomplish this is not an easy task. Then, too, the ques¬
tion arises as to what anhydrous salts are soluble in the vari¬
ous solvents. In many cases this could only be answered by
experiment. The work of other investigators on the conduc¬
tivity of non-aqueous solutions has been confined almost exclus¬
ively to the salts^of the alkalies, ammonium and the substituted
ammonias. It was soon learned by direct experiment that the
chlorides of many of the heavy metals are soluble in a number
of organic solvents and that the solutions formed conduct elec¬
tricity. Therefore the investigation was confined chiefly to the
conductivity of the solutions of the salts (mostly chlorides) of
the heavy metals. Even when the salts were readily soluble,
conducting solutions were not always obtained. In order to de¬
termine what solutions conduct and to estimate roughly, at least,
the relative magnitude of the conductivity, it was necessary
to perform an elaborate series of qualitative experiments to as¬
certain what solvents yield solutions having a conductivity suf¬
ficient to justify quantitative measurements.

The method employed in making the qualitative determina¬
tions was as follows: Into a resistance cell of the Arrhenius
pattern, the electrodes of which were about three millimeters
apart, was introduced the solution to be tested. This cell, a
rheostat, and a delicate galvanometer were placed in the circuit
of a Leclanche element. The circuit wTas then completed and
the deflection of the galvanometer needle noted. It was very

Qualitative Determinations.

399

seldom that any resistence had to be introduced by means of
the rheostat. A hundredth normal solution of sulphuric acid
gave a deflection of about twenty divisions when 500 ohms resist¬
ance was introduced. By means of a direct current thus em¬
ployed polarization of course could not be avoided. The circuit
was only closed for a few seconds. The sole object of these ex¬
periments being to ascertain whether the solution conducted,
and to determine only very roughly the relative magnitude,
the slight amount of polarization could be entirely neglected.

The solvents were all of the C. P. variety of standard makes:
Kahlbaum, Merck, Schuchardt, or Trommsdorff. Professor
Kremers of the pharmacy department of this university kindly
furnished several compounds from his collection and Professor
Hillyer kindly placed at my disposal a number of solvents in his
possession. For thus furthering the experimental work, I desire
to extend to these gentlemen my thanks. The methods em¬
ployed in rectifying and dehydrating these solvents will be
found under the head of the particular solvent in the record of
the quantitative determinations.

The salts employed were absolutely anhydrous and the method
employed in their preparation and dehydration will now be
given.

Ferric chloride was prepared by passing anhydrous chlorine
over heated iron wire contained in a hard glass tube. The
chlorine was prepared in the usual manner from manganese di¬
oxide and hydrochloric acid. The gas was conducted through
a wash bottle containing water to free it from hydrochloric acid,
then through sulphuric acid, then through a cylinder containing
fused calcium chloride, and finally through another wash bottle
containing sulphuric acid. From this it was conducted into the
long hard glass tube containing the fine iron wire. This tube
was gently warmed, and by increased heat the chloride was sub¬
limed along the tube. This resublimation was repeated several
times, and then the tube was sealed off and the product pre¬
served in these sealed tubes. Before using, the tube was opened
and allowed to remain under a bell iar containing concentrated
sulphuric acid for several days, when not the least trace of free
chlorine could be detected in the salt.

400

Lincoln — Electrical Conductivity.

The trichloride of antimony was obtained by passing anhy¬
drous chlorine over metallic antimony contained in a retort
which was gently warmed. The chlorine was dried in the man¬
ner described above. The product was then distilled and this
distillate redistilled, during which process all necessary precau¬
tions to exclude the moisture of the air were observed.

The cupric chloride was prepared in a manner analogous to
that employed in the preparation of the chloride of iron.

Stannous and aluminium chlorides were prepared by passing
dry hydrochloric acid gas over the respective metals which were
contained in hard glass tubes. The hydrochloric acid gas was
prepared by dropping concentrated hydrochloric acid into con¬
centrated sulphuric acid, and then drying it by passing the gas
through a train consisting of three bottles containing concen¬
trated sulphuric acid and a cylinder filled with fused calcium
chloride.

The trichloride of bismuth was prepared by Professor Kahlen-
berg by treating the hydroxide of bismuth with concentrated
hydrochloric acid, evaporating the solution to a thick paste
and thus volatilizing a large portion of the excess of the hydro¬
chloric acid. The residue after cooling was finally broken up
and tranferred to a Berlin porcelain retort and purified by dis¬
tillation.

These chlorides were all pure and perfectly anhydrous ; and
every precaution necessary to keep them so was employed.

Arsenic trichloride was prepared by treating arsenious acid
with dry hydrochloric acid gas in a retort and then distilling
the product. This distillate was redistilled, and had a very
constant boiling point.

The stannic chloride used was an anhydrous product from
Schuchardt. The phosphorus trichloride from Kahlbaum was
redistilled and that portion taken that gave a constant boiling

point.

A C. P. sample of manganous chloride from Merck was re¬
crystallized several times and then heated for several days in
an air bath at a temperature of about 100° C. It was then
thoroughly pulverized in a mortar and returned to the
bath, where it remained for about two days longer. C. P.

Qualitative Determinations.

401

samples of the chlorides of nickel and cadmium from Schu-
charat were dehydrated in a similar manner. The C. P. sample
of cobaltic chloride from Trommsdorff was treated in the
manner just described ; but the temperature was raised to about
120° C. for several hours. The C. P. samples of lead nitrate
and mercuric iodide from Merck, mercuric cyanide from Tromms¬
dorff, and zinc chloride from Kahlbaum were dehydrated, in the
manner described above, at a temperature not exceeding 100° C.
The silver cyanide was prepared from potassium cyanide and
silver nitrate by Professor Kahlenberg, who dehydrated it and
upon subsequent analysis found it to be pure.

During the course of the qualitative experiments a great many
interesting facts relative to the solubility, color of solutions,
etc., were brought out, to most of which it will not be possible
to call attention at the present time. It was soon observed that
if ferric chloride did not yield solutions that conducted elec¬
tricity, it was not worth while to make tests with certain other
salts ; and for this reason many blank spaces occur in the fol¬
lowing table. In each case the conductivity of the solvent was
tested and the deflection of the galvanometer needle noted. In
nearly all cases it was found that the solvents were excellent
insulators, giving no deflection of the needle whatever. In the
case of acetic aldehyde, furfurol, and ethylene glycol, the de¬
flection was several divisions. When the salts were found to
be quite soluble, the solutions were prepared in the resistance
cell; but they were usually made up in small test tubes and
frequently by the aid of heat. The strength of the solutions
was not determined accurately; but it varied, being as high as
five per cent, in some cases.

The electrolytic dissociative power of a solvent is believed
by the supporters of the dissociation theory to be measured by
the conductivity of its solutions. Since the qualitative deter¬
minations throw some light upon the dissociative power of
solvents, the results are given in Table I. In the first two
columns are given the names and formulas of the solvent. In
the next twenty-two columns is indicated whether the solutions
of the several salts whose formulae head the respective columns
conduct electricity. Where the solution conducted so poorly that

402

Lincoln — Electrical Conductivity.

no deflection of the galvanometer needle was observed, the fact is
indicated by the minus sign ( — ). The plus sign ( + ) indicates
that the solution did conduct. The addition of the interrogative
sign to the plus sign ( -f- ? ) indicates that a very slight movement
of the needle was detected; and when the plus sign is followed
by the exclamation mark (+ ! ), this indicates that the solution
conducts sufficiently well to make a quantitative determination
desirable. The magnitude of the conductivity can be learned
from the quantitative results given subsequently. Blank spaces
indicate that determinations were not made, and the letter i
indicates that the salt was insoluble in the solvent or very
difficultly soluble. In the last two columns respectively, are
given the dielectric constants and the coefficients of association
of the solvents. The data in these two columns are as complete
as could be obtained from the literature.1

The letters R & S refer to the article by Ramsay and Shields
as authority;2 R & A to the work of Ramsay and Aston;3 and
D & F to that of Dutoit and Friderich.4 The letter Y desig¬
nates determinations by Vollmer, C by Carrara, D & A by
Dutoit and Aston, and S by Schlamp.

From Table I it will be observed that ferric chloride dis¬
solves in the hydrocarbons and their halogen substitution
products, but the resulting solutions do not conduct. This is
in harmony with what other investigators 5 have found concern¬
ing solutions of other salts in these solvents. It will be noted
that both the dielectric constants and the coefficients of asso¬
ciation (as far as they were available) are very low. The acid
chlorides, acetyl and benzoyl chlorides, yield solutions of ferric
chloride and antimony trichloride that do conduct. The co¬
efficient of association in the case of acetyl chloride is about
unity, thus showing no polymerization and the dielectric con¬
stant (the results of Drude and Thwing differ greatly) is much

*(1) Thwing, Zeit. phys. Chem. 14, 286; 1894.

(2) Drude, Zeit. phys. Chem. 28, 308; 1897.

2 Ramsay and Shields, Jour. Chem. Soc. 83, 1089; 1893.

3 Ramsay and Aston, Jour. Chem. Soc. 65, 168; 1894.

4 Dutoit and Friderich, Bull. Chim. Soc. Paris (3) 19,321; 1898.

6 Kablukoff , Jour. Russ. Chem. Soc. 23, 391; 1893. (Ref.) Jour .
Chem. Soc. 64, ii. 151; 1893.

Hg(CN)

n

be

w

o

£

be

<1

521

o

be

<

Dielectric con-

Coefficient of

-

6

3

stant (air = 1)

association.

■M

1

2.30

Landolt

0.96R & S

2

& Jakn

(Schiff)

2.3377 Palaz

1.01 R&S

3

2.3648

i 6

4

2.2758

Negreano

- ■

5

2.47

“

6

7

-

3.95

Thwing

0.94R&S

8

(Eotvos

2.2

Tereschin

1.01 R & S

9

10

11

0.95R&S

12

(Eotvos)

13

14

15

16

(25.3
l 15.4

Thwing

Drude

1.06 R&S

17

18

V

32.65

Tereschin

3.43 R & S

19

V

25.7

Rosa

2.74 R & S

20

s

20.8

Thwing

2.25 R & S

21

Solvent.

1 Heptane

2 Amylene

3 Benzene

4 Toluene

5 Xylene

6 Cymene

7 Menthene

8 Chloroform

9 Carbon tetrachloride

10 Methylene iodide

11 Ethylene chloride

12 Ethylene bromide

13 Monobrom benzene

14 Benzyl chloride

15 Benzal chloride

16 Benzotrichloride

17 Acetyl chloride

18 Benzoyl chloride

19 Methyl alcohol

20 Ethyl alcohol

21 Propyl alcohol

22 Allyl alcohol

23 Benzyl alcohol

24 Ethylene glycol

25 Glycerol

26 Epichlorhydrine

27 Phenol

28 Meta-cresol

29 Ethyl ether

30 Phenyl-methvl ether

31 Acetic anhydride

32 Acetic aldehyde

33 Chloral anhydride

34 Paraldehyde

35 Benzaldehyde

36 Cinnamic aldehyde

37 Salicylic aldehyde

38 Furfurol

39 Acetone

40 Methyl-propyl ketone

41 Methyl-ethvl ketone

42 Acetophnone

43 Ethyl acetate

44 Ethyl monochloracetate

45 Ethyl cyanacetate

46 Ethyl acetoacetate

47 Propyl acetate

48 Butyl acetate

49 Propyl propionate

50 Amyl butyrate

51 Amyl valerianate

52 Ethyl benzoate

53 Ethyl oxalate

54 Ethyl carbonate

55 Ethyl ch lor carbonate

56 Ethyl nitrate

57 Amyl nitrite

58 Nitrobenzene

59 o-Nitrotoluene

Go m- 11 “

61 Aniline

62 Methyl aniline

63 Dimethyl aniline

64 Benzylaraine

65 Toluidine (ortho)

66 Toluidine (metal

67 Xylidine (metaasym)

68 Phenylhydrazine

69 Aceto nitrile

70 Propio- nitrile

71 Butyro-nilrile

72 Benzo-nitrile

73 Pyridine

74 Piperidine
75”Quinoline

76 Carbon disulphide

77 'Phosphorus trichloride
*8 Arsenic trichloride

79 Tin tetrachloride

Formula.

e.

j*

C4

«

• «

o,

o

525
.o 1

£

6

£

Dielectric con-

Coefficient of

o

o

o

c

O

o

o

6

5

|

o

O

3

75J

Q

5

stant (;

air = 1)

association.

<

6

§

N

o

O

O

3

m

pH

M

W

W

<*

M

3

c7h10

1

CsH1(1

2.30

Landolt

0.96R&S

& Jahn

(Sehiff)

C„H„

2.3377 Palaz

1.01 R&S

3

c.h„

—

i

—

2 3648

4

c8h,„

—

i

—

2.2758 Negreano

CI0H, ,

—

--

2.47

6

C,„H1S

CHClu

3.95

Thwing

0.94 R & S

7

Tereschin

(EotvOs

C CL

CH.I.

—

1.01R&S .

9

—

10

CsH.C)2

—

11

C,H,Br..

0 . 95 R & S

12

(EotvOs)

G„H,Br

13

C ..H.GH.Cl

—

i

—

—

14

G,iH,CHCl..

—

i .58

—

—

15

C , H - . C Gl,

—

16

CHs.COCl

+ !

i

4

■

fS:S

Thwing

Drude

1.06 R&S

17

C6H,COCl

+ !

i

4

4 (f)

18

CH,OH

+ !

+ !

V

32.65

Tereschin

3.43 R & S

19

C.H.OH

.(#*!■,

4 !

i

4 1

V

V

25.7

Rosa

2.74 R & S

20

CH.,(CH,.uO H

s

20.8

Thwing

2.25 R&S

21

C.H.OH

+ !

4- !

4 !

21.6

Thwing

1.88 R&S

22

C fH-C H .OH

-b !

i

—

1 —

—

4-

'+ !

4 !

—

4 !

10.6

Drude

23

C.H.(OH).

+ !

+ !

-h !

4

2.92 R&S

24

C,H,(OH),

4- !

-H

4 !

4

16.5

Drude

1.80 D&F

C 11 <).('.

-i-

+

4

C ,H,OH

+

+

+'

4- !

9.68

Drude

1.42 R& A

27

C 0H4.CH3OH

+

4(f)

28

|C.H,),0

4.373

Donle

0.99 R & S

29

C,I..O.CH,

+

30

(CH.COljO

CH.COH

+■(?:)

-(?)

4(f)

0.99R&S

31

■+ !

+

4 !

4

18.55

Thwing

32

CCia-COBC

5.47

1 02 R & S

33

C,,H.oO,

+ !

+

4

4

0.85 R&S

34

C , H-.GOH

+ !

4 ■

4

i

14.48

0.97 R & S

35

C.H[.C.HtCOH

B9

4

4 ,

36

C, HjCHO.OH

+ !

_

--

i

i

—

—

—

i

—

i

—

i

4- !

19.21

37

C6HjO.,

4- !

i

+

—

—

i

i

+

4 !

—

4

+

4-

4 !

39.4

Drude

(CHj).CO

4- !

4!

4 !

4-

C

21.85

Thwing

1.26 R&S

39

CHjCjH-.CO

+

4

—

4 •

+ '

4 !

4 !

+

i

16.75

1.11 R&S

40

CH3C2Hb.CO

Da

1 15 D & F

41

CH,CbC„Hr,

4

i .

4

—

i

i

i

i

4-

4 !

i

t !

—

—

—

+(?)

16.4

1.10R&S

42

CH,CO O C .,HS

+ !

4.

-i-

4

4-

6.5

Tereschin

0.99R&S

43

C H „ C 1 C O O C . H r.

-1- !

—

i

4

—

i

—

4

i

+

4

i

4

i

—

--

i

4(f)

44

t'HXN.COO'C.H,
CH.CO.CH.COOG ,H.

+ !

+

i

4 (?)

—

i

i

4 !

i

+

4

i

4

--

—

4- !

i

26.7

Drude

45

4- !

i

4

4

+

i

+

—

i

4 !

15.7

0.96R&S,

46

CH.COOC.H.

+

6.3

Tereschin

47

CHjCOOCX

+

5.0

Drude

48

C.,H[COOC ,H,

+

49

CiH.GOOCuH,,

+(?)

50

C4H0COOCsH..

+(?)

51

C ,H,CO O C aHE
iCOO.C.Hj;

+

i

4 (?)

i

4(f)

4(f)

i

i

6.5

Tereschin

1

52

+ !

—

i

4

—

i

i

—

i

+

i

4

—

—

i

4(f)

53

CO.IOC.H,);

54

coci.oc.h;

+ !

1

+

4 1

4 !

55

C.H.NO,'

+ !

+

i

i

i

i

i

i

|

i

4

i

i

i

i

i

17.72

Thwing

S6

+ !

i

4(f)

—

i

i

i

4

i

4

i

—

i

i

—

57

CcHsNO,

+ !

+

i

i

i

' +

4-

4-'

^F]

i

32.19

f 0.93 R&S
/ 1.13 R&S

58

CtH4.CH,NO.

+ !

i

i

4

j

4(?)

i

+

+

i

4

—

i

26.58

59

C,H,.CH,NO;

% '■

60

+

X

4(?)

4(f)

4-!

( 7.5
l 7.15

Tereschin

Drude

1.05 R&S

61

C „Hr>NHCH.

+ (f)

i

i

+

62

C,HtN(CH,i',

C,H,.CH,NH,

+ (?)

i

63

+

i

64

c,h,.ch,nh;

+ (?)

-f (?)

4(f)

i

65

C.H.-CHjHH,

C 0H.i CH,).,NH,

+ (?)

+(?)

4(f)

i

i

4- !

66

67

C6H6NH.'NH2 ‘

CHj.CN

1

1

i

|1J78D&F

69

csh6.cn

(1.77R&S
) 1.37 D&F

70

c„h7.cn

\ i • 19 p) p
?1 22daf

71

C.HjCN

+ !

4-

4- !

4

-M

26.0

Drude

(0.97R&S

1 1.00 Traube

72

c5hbn

+

+

+

4-

i

i

4

i

i

i

4-

4

4-

4-

4- !

4

4 !

0.93 R&S

73

c6h,,n

C ,H,N

| —

—

—

—

i

i

i

+

1.08 R&S

74

+

i

4

+

*1

i

+

4-

0.81 R&S

CS..

—

2.61

Palaz

1.07 R&S

■76

PCl„

i

1.02 R&S

77

AsC)„

+ '■

rhft)

4

78

SnCl4

1

1 1

79

Qualitative Determinations.

403

liigher than that of the halogen substitution products, — of
chloroform for example. The alcoholic solutions, including
glycol and glycerol, conduct very well. As many quantitative
determinations of the conductivity have been made in methyl
and ethyl alcoholic solutions, it was unnecessary to make qual¬
itative tests in this connection. The dielectric constants are
Telatively high; and the high values of the coefficients of asso¬
ciation show that the molecules of these solvents are highly
polymerized. The viscosity of glycol and glycerol 1 no doubt
diminishes their conductivity. The conductivity of phenol and
meta-cresol solutions is not as great as that of the alcoholic
solutions, neither is the dielectric constant nor the coefficient
of association as great as in the case of the alcohols. The dis¬
sociative power of the ethers and even of acetic anhydride is
virtually nil. From the dielectric constant of acetic aldehyde
one would expect solutions of this solvent to conduct. Such is
the case; and the fact that solutions of chloral do not conduct
is in keeping with its low dielectric constant. The molecules
of chloral are not polymerized. The coefficient of association
of acetic aldehyde has not been determined to our knowledge.
Notwithstanding the fact that the molecules of paraldehyde are
not polymerized, its solutions conduct. Benzaldehye solutions
conduct sufficiently to justify quantitative measurements ; and this
would be expected from the value of its dielectric constant. It
will also be noted that according to determinations, by Ram¬
say and Shields, the molecules of this solvent are not polymer¬
ized. Solutions in cinnamic and salicylic aldehydes conduct very
well. The specific inductive capacity of furfurol would indi¬
cate that this solvent would yield conducting solutions; and
such is the case. The ketones tested yield solutions that con¬
duct; and this is in keeping with what other investigators 2 have
found.

The esters with few exceptions yield solutions that conduct.
Notwithstanding the very low dielectric constant of ethyl acetate,

1 Cattaneo, Beal. Acead. Lincei. II, 112; 1893. (Raf.) Jour. Chem,
£oc. 70, ii, 231; 1896.:

2Dutoit and Aston (loc. cit.).

Dutoit and Fridarich (loc. cit.).

404

Lincoln — Electrical Conductivity.

its solutions conduct slightly — compare with chloral. The mono
chloracetate, the cyanacetate and the acetoacetate of ethyl all
yield solutions that conduct well. The high dielectric constant
of the last two will be noted as well as the coefficient of asso¬
ciation of the last, which indicates that its molecules are not
polymerized. In ethyl monochloracetate AgN03 is not soluble,,
while in the cyanacetate it dissolves readily, and the resulting
solution conducts well. Theelectical conductivity of solutions in
propyl acetate, butyl acetate and ethyl benzoate is very slight,
and it will be noticed that the dielectric constants of these sol¬
vents are also low. Propyl propionate solutions conducted very
little and in the case of amyl butyrate and amyl valerianate
only slight deflections of the galvanometer needle were observed.
It is probable that the dielectric constants of these esters are
very low. Ethyl oxalate solutions conduct: but those of ethyl
carbonate do not, notwithstanding the high oxygen content of
this solvent, while ethyl chiorcarbonate yields solutions that
conduct very well.

The class of organic solvents containing nitrogen are of par¬
ticular interest. It will be noticed that ethyl nitrate, amyl
nitrite, nitrobenzene, nitrotoluene, benzonitrile and pyridine
yield solutions that conduct fairly well (See quantitative de¬
terminations). The dielectric constants of these solvents that
have been determined would tend to indicate that their solu¬
tions would conduct. According to the association coefficients
as determined by Ramsay and Shields the molecules of nitro¬
benzene, benzonitrile and pyridine are not polymerized. The
solutions of ferric chloride in aniline, methylaniline and
dimethylaniline conduct very poorly, whereas benzylamine ap¬
pears to conduct slightly better.

In the toluidines ferric chloride is difficultly soluble and only
a very slight movement of the galvanometer needle was ob¬
served. In xylidine most of the salts were insoluble; but sil¬
ver nitrate dissolved quite readily and conducted fairly well,,
and the same was found to be the case in aniline. The dielec¬
tric constant for aniline is low, and the coefficient of association,
shows very slight polymerization. Phenylhydrazine dissolves
ferric chloride readily, but not the slightest movement of the?

Qualitative Determinations.

405

needle could be detected. Dutoit and Friderich1 have shown
that the nitriles conduct and the results given in this table
shows that benzonitrile is not an exception. The dielectric
constant would indicate this; and according to the determina¬
tions of Ramsay and Shields, as well as according to those of
Traube, the molecules of this solvent are not polymerized. The
solubility of the salts tested in piperidine is very slight except
mercuric chloride and silver nitrate, and even these do not
yield solutions that conduct very well. Quinoline yields solu¬
tions that conduct, but its molecules are not polymerized. The
solution of ferric chloride in carbon disulphide did not conduct,
nor should we expect it to do so from its low dielectric con¬
stant. Phosphorus trichloride does not yield solutions that
conduct. Arsenic trichloride and mercuric chloride are very
soluble in it, yet there was not the least movement of the
needle. The solutions of ferric chloride and mercuric chloride
in arsenic trichloride conduct very well.

In addition to the results tabulated in Table I it was found
that stannic chloride dissolved in arsenic trichloride does not
conduct, and the same was true of phosphorus trichloride.
When phosphorus trichloride was added to a solution of mercuric
chloride in arsenic trichloride, the conductivity was decreased
to such an extent that the galvanometer needle did not even
move. Further, a large number of other tests were made which
were too detailed and numerous to include in these tabulated
results. Suffice it to say, however, that of the very large num¬
ber of tests made, both of organic and inorganic substances in
these numerous solvents, there was not one instance where the
solution conducted electricity, that the dissolved substance was
not an acid, a base, or a salt.

Quantitative Determinations.

The method of Kohlrausch was employed in measuring the
electrical conductivity — the resistance cell of the Arrhenius
pattern being used. This cell was provided with a tightly fit¬
ting cover and the electrodes were about three millimeters
apart. The determinations were made at 25° C. unless other-

Loc. cit.

406

Lincoln — Electrical Conductivity.

wise indicated, and the results are expressed in reciprocal mer¬
cury units. The higher temperature at which the conductivity
was measured was obtained by heating the resistance cell and
its contents in a paraffin bath. Owing to the small quantity of
the solvents available in most cases it was not possible to make
the dilutions in the ordinary manner. Five or ten cubic centi¬
meters of the solvent were introduced into the resistance cell
by means of a carefully calibrated burette, the conductivity
was determined, amd then weighed portions of the salt were
successively introduced and the conductivity determinations
made after each addition.

In the following tables of the electrical conductivity v repre¬
sents the volume in liters in which one gram-molecule is con¬
tained and fjj the molecular conductivity. Although the conduc¬
tivity of the solvent has been determined in each case, it has
not been deducted.

METHYL ALCOHOL.

The sample of methyl alcohol employed was dehydrated sev¬
eral times with anhydrous copper sulphate, over which it re¬
mained several days and from which it was decanted and dis¬
tilled each time. The distillate was then treated with metallic
sodium and again distilled. This distillate was fractionated
twice, when a product with a very constant boiling point was
obtained. The resistance was so great that the conductivity of
the alcohol could be practically neglected. After standing for
nine months the specific conductivity had decreased to only
5.7 X 10-6.

Quantitative Determinations.

407

Table II.

Solvent:
Ferric Chloride,

Fe Cl3.

methyl alcohol.

Antimony Trichloride,
Sb Cl3.

V

M

V

M

3.20

20.81

8.15

15.68

6.41

25.26

16.31

18.94

12.81

31.09

32.62

28.52

25.62

40.90

65.24

43.32

51.24

49.00

130.48

63.33

102.48

60.55

260.96

89.47

204.96

72.61

521.91

118.34

409.91

89.11

1,043.83

156.32

819.83

111.08

1,639.66

147.08

ETHYL ALCOHOL.

A sample of absolute alcohol was treated with anhydrous
copper sulphate, over which it remained for several days. From
this sulphate it was distilled, and the distillate was treated in
the same manner as the original portion. The distillate from
this was then treated with metallic sodium and then distilled.
The distillate was redistilled twice; it boiled constantly at 76. 8°
at 749 mm. pressure. The specific conductivity was 7.7 X 10-7.

Table III.

Solvent: ethyl alcohol.

Antimony Trichloride,
Sb Cl3.

Ferric chloride,
Fe Cl3.

V

n

2.89

9.91

5.79

13.06

11.57

13.70

23.14

14.50

46.28

15.51

92.56

16.69

195.12

19.33

390.24

21.20

V

u

8.11

4.18

16.23

5.68

32.45

7.94

64.91

12.30

129.81

18.23

259.62

29.43

408

Lincoln — Electrical C onductivity.

ALLYL ALCOHOL.

A C. P. sample of allyl alcohol from Merck was treated with
K2C03, over which it stood for several days. From this it
was distilled and the distillate treated with fused potassium
hydroxide. The distillate from this was again treated with
caustic potash in contact with which it stood several days and
then distilled. This distillate was redistilled twice and the
conductivity determinations made as soon as possible. The
specific conductivity was 6.5 X 10-6.

Table IY.

allyl alcohol.

Ferric Chloride,

(v = 20.02 at 25° C.)
t ju

25° 17.42

50 34.62

73 43.63

80 45.65

BENZYL ALCOHOL.

The sample of benzyl alcohol employed was from Merck and
was rectified by distillation. The portion used had a very con¬
stant boiling point. Owing to the difficult solubility of the
salts and the slight conductivity of solutions of this solvent very
few determinations were made. The specific conductivity was
1.76 X 10-6.

Table V.
benzyl alcohol.

Ferric Chloride,

(v = 88.06 at 25° C.)
t fi

25° 2.62

54 5.08

85 6.46

100 7.19

Solvent:

Ferric Chloride,

Fe Cl3.
v M

88.06 2.62

895.22 6.31

Solvent:

Ferric Chloride,

Fe Cl3.
v M

20.02 17.42

53.71 23.03

115.60 32.15

Q uantiiativ e Determinations.

409,

PARALDEHYDE.

The sample of paraldehyde from Kahlbaum was redistilled
and the portion coming over at a very constant temperature was
^employed. The specific conductivity was less than 3.4X 10~7.

Table VI.

Solvent: paraldehyde.

Ferric Chloride,
Fe Cl3.

v

4.37

21.32

42.52

81.88

183.11

575.50

M

9.81

16.91

18.76

19.16

16.51

16.91

Antimony Trichloride,
Sb Cl3.
v M

5.57 0.202

20.76 0.356

61.16 0.532

Antimony Trichloride,
(v = 5.57 at 25° C.)

t

25.2°

26.6

29.0

32.0

M

0.295

0.299

0.298

0.295

BENZALDEHYDE.

The sample of benzaldehyde employed was from Schuchardt.
It was purified by redistillation, and the portion boiling between
177° and 178° C. at 741.5 mm. pressure was used in the follow¬
ing determinations. The specific conductivity was less than
4.5 X 10-7.

Table VII.

Solvent: benzaldehyde.

Ferric Chloride, Antimony Trichloride,

Fe Cl3. Sb Cl3.

V

M

V

M

25.58

14.32

1.96

0.12

51.65

14.58

2.42

0.14

117.91

13.05

3.51

0.18

157.80

12.14

5.80

0.24

237.14

10.50

14.89

0.48

33.10

0.86

62.52

1.24

155.22

1.68

523.39

2.62

410

Lincoln — Electrical Conductivity.

Ferric Chloride,

Mercuric Chloride,

r=25.58 at 25° C.)

Hg Cl2.

t

fX

v m

25s

14.3

0.48 0.0031

52

20.5

1.15 0.0063

55

20.9

32.79 0.0490

60

22.1

65

23.1

70

24.3

75

25.1

80

25.9

85

26.4

90

26.4

95

24.5

102

24.1

105

24.1

111

24.0

125

24.0

SALICYLIC ALDEHYDE.

he sample of salicylic aldehyde from Scbuchardt was recti¬
fied by redistillation. The portion taken had a constant boiling
point and the specific conductivity was 5.98 X l(r6.

Table VIII.

Solvent: salicylic aldehyde.

Ferric Chloride,1 Ferric Chloride,

Fe Cl3. (v = 20.39 at 25° C.)

V

M

t

M

20.39

3.76

25°

3.76

81.38

4.71

45

6.30

220.74

5.60

50

6.73

109

6.46

FURFUROL.

The sample of furfurol from Merck was treated with fused
calcium chloride over which it stood for several weeks. It was
then distilled and the distillate again distilled. The portion
coming over between 156° and 158° at 744 mm. pressure was
collected and its specific conductivity was 2.4 X 10-5.

1 Apparently not quite all dissolved. After cooling became a very vis¬
cous mass.

Quantitative Determinations,

411

Table IX.
Solvent: furfurol.

Ferric Chloride,

Ferric Chloride,

Fe Cl3.

(v = 45.60 at 25° C.

v M

t

45.60 20.78

25°

20.78

80.98 22.20

45

37.83

149.21 26.42

55

40.98

65

44.06

75

47.96

85

51.41

95

56.07

105

60.02

ACETONE.

The acetone employed was treated with fused calcium chlor¬
ide, over which it stood for several days and was then distilled.
The distillate was again treated with calcium chloride and the
distillate from this was redistilled twice and the portion
having a boiling point at 56° C. at 744 mm. pressure was
taken. The specific conductivity was less than 7.7 X 10-7.

Table X.

Solvent: acetone.

Ferric Chloride, Antimony Trichloride,

Fe Cl3. Sb Cl3.

V

u

V

M

14.65

51.70

7.07

1.23

29.30

59.90

14.14

1.55

58.60

64.65

28.27

1.83

117.19

68.68

56.55

2.13

234.39

70.67

113.10

3.34

468.77

77.28

937.54

83.76

1,875.08

91.22

Stannous Chloride,

Cupric Chloride,

Sn Cl2.

Cu Cl3.

V

M

V

M

37.78

8.77

45.87

25.72

75.56

8.09

91.74

27.10

113.33

6.87

183.48

28.71

366.96

28.94

733.91

29.18

412

Lincoln — Electrical Conductivity .

METHYL-PROPYL KETONE.

The sample of methyl-propyl ketone employed was from
Schuchardt and gave a specific conductivity of 9.5X10-7.

Table XI.

Solvent: methyl-propyl ketone.

Ferric Chloride, Ferric Chloride,

Fe Cl3. (v = 13.64 at 25° C.)

V

M

t

n

13.64

28.25

25°

28.25

22.83

31.07

49

33.47

53.36

36.98

50

33.66

100.71

42.76

55

33.79

111.13

41.59

60

34.07

164.43

46.15

70

35.60

358.09

50.28

75

35.89

1,074.27

59.52

80

36.17

CuCl2 in less than 460.28 liters gave A=5.22X10-6. A
resistance of 6000 ohms was introduced in the measuring.

ACETOPHENONE.

A sample of acetophenone from Schuchardt was treated with
barium oxide, over which it stood for several days and then dis¬
tilled. The distillate was redistilled and the portion coming
over between 194° and 195° C. at 745 mm. pressure was taken.
The specific conductivity of this portion was 1.8 X 10~7.

Table XII.

Solvent: acetophenone.

Ferric Chloride,

Ferric Chloride.

Fe Cl

3*

(v = 23.46 at 25° (

V

M

t

M

23.46

10.28

25°

10.28

46.71

11.03

50

15.17

65.77

11.59

65

17.52

124.91

12.03

80

20.52

292.98

13.08

100

23.90

114

27.49

125

28.74

135

28.85

150

28.16

Quantitative Determinations .

413

ETHYL ACETATE.

The sample of ethyl acetate was treated several times with
anhydrous copper sulphate, over which it stood for several days
and then distilled each time. This last distillate was redistilled
and the portion coming over between 76° and 77° C. at 738 mm.
pressure was collected. The specific conductivity was 7.0 X 10-7>

Table XIII.

Solvent: ethyl acetate.

Ferric Chloride, Antimony Trichloride,

Fe Cl3. Sb Cl3.

V

n

V

u

16.89

0.87

10.92

0.013

33.78

67.56

1.12

1.25

21.84

0.019

Stannous Chloride,

Bismuth Trichloride.

Sn Cl

2*

Bi Cl3.

V

M

V

u

68.05

0.042

112.12

0.034

ETHYL MONOCHLORACETATE.

This solvent was a C. P. sample from Schuchardt, the boiling
point of which was 143.5° C. The specific conductivity was
less than 1.7X10-6.

Table XIV.

Solvent: ethyl monochloracetate.

Ferric Chloride, Ferric Chloride,

Fe Cl3. (v = 7.76 at 25° C.)

V

n

t

n

7.76

12.45

25°

12.45

14.96

13.14

50

15.21

19.18

13.49

55

15.77

22.09

13.75

67

16.28

45.63

14.78

80

16.28

92.05

16.38

92

15.61

152.55

17.88

100

14.73

110

13.11

414

Lincoln — Electrical C onductivity.

Antimony Trichloride,
Sb Cl3.

Cupric Chloride,
Cu Cl,.

V

M

V

M

4.25

0.174

13.32

1.24

11.49

0.201

Did not all dissolve;

44.73

0.337

so 1 =

1.33 X10-5.

ETHYL CYANACETATE.

This solvent was a C. P. sample from Schuchardt and was
rectified by redistillation. The boiling point was very constant,
and the portion collected came over between 203° and 203.5° C.
at 744 mm. pressure. The specific conducting was 3.7 X 10~7.

Table XV.

Solvent: ethyl cyanacetate.

Ferric Chloride, Ferric Chloride,

Fe Cl3. (v = 15.30 at 25° C.)

V

M

t

M

15.30

8.88

25° C

8.88

19.72

8.99

49

13.40

27.08

9.29

60

15.85

44.64

9.80

75

20.14

185.22

11.57

87

22 44

100

24.83

Silver Nitrate,

125

29.49

Ag No

3*

150

38.70

V

M

10.62

4.19

Cupric Chloride.

19.00

4.78

CuCl

2 •

28.30

5.29

V

M

58.57

6.46

29.85

7.00

110.97

7.66

41.67

7.50

59.40

8.08

97.77

12.80

Quantitative Determinations .

415

ETHTL ACETOACETATE.

The solvent employed was from Schuchardt, and was rectified
be distillation. The portion which boiled between 174° and 176° C.
at 736 mm. pressure was used. The specific conductivity was
4 X 10-7.

Table XVI.

Solvent:

ethyl acetoacetate.

Ferric Chloride,

Antimony Trichloride,

Fe Cl

3*

Sb Cl3.

V

M

V

M

5.46

10.82

0.75

0.031

15.04

14.04

0.94

0.034

16.31

14.08

1.34

0.041

22.14

14.62

2.76

0.044

24.12

14.63

4.34

0.050

27.59

15.04

8.18

0.059

31.90

15.25

17.02

0.076

44.64

15.94

33.69

0.108

157.98

19.79

59.86

0.132

240.51

20.65

511.50

0.529

503.56

23.43

Mercuric Chloride,

Ferric Chloride,

Hg Cl

8*

(v =5.46 at 25° C.

Solution two weeks old.)

V

M

t

n

0.91

0.012

25° C

12.0

1.35

0.013

50

16.8

2.91

0.017

56

17.5

36.33

0.072

60

18.2

65

19.2

Phosphorus Trichloride,

70

19.9

PC13

75

20.7

V

M

81

21.2

1.80

0.026

86

21.7

4.48

0.097

90

21.7

95

21.8

Stannic Chloride,

100

21.7

SnCl

4*

(Gases disengaged

V

M

at higher temperatures.)

2.02 1.08

4.13 1.71

8.76 2.37

416

Lincoln — Electrical Conductivity,

Arsenic Trichloride,
As Cl3.

V

M

lismuth Trichloride,

0.47

0.087

JBiCl3.

0.65

0.071

V

0.84

0.068

5.65

0.059

1.13

0.067

11.30

0.053

1.37

0.067

27.09

0.098

2.49

0.084

48.20

0.137

3.50

0.070

83.00

0.164

10.20

0.085

288.96

0.472

31.13

0.114

ETHYL OXALATE.

This solvent was a C. P. sample from Merck, and its specific
conductivity was 7.12 X 10-7.

Table XVII.

Solvent: ethyl oxalate.

Ferric Chloride, Ferric Chloride,

Fe CI3. (v = 13.15 at 25° C.)

V

M

t

M

13.15

5.88

25° C 5.88

22.07

5.89

50

8.11

42.29

5.92

62

9.21

94.79

6.25

75

10.15

342.85

7.70

100

11.14

125

9.58

(At 148° solution

began to boil.)

Quantitative Determinations.

417

ETHYL BENZOATE.

This solvent was a C. P. sample from Trommsdorff, and its
specific conductivity was 1.8 X 10~7.

Table XVIII.
Solvent: ethyl benzoate.

Ferric Chloride, Ferric Chloride,

Fe Cl3

(v = 29.54 at 25° C,

V

u

t

V

29.54

1.55

25° C

1.55

174.28

1.61

56

1.16

517.21

1.91

75

0.82

100

0.48

AMYL NITRITE.

This solvent was a C. P. sample from Schuchardt, and its specific
conductivity was 1.8 X 10~7.

Table XIX.

Solvent: amyl nitrite.

Ferric Chloride, Ferric Chloride,

Fe Cl

X

(v =

21.34 at 25

V

M

t

u

21.34

1.54

25°

C. 1.54

29.03

1.63

50

1.13

38.74

1.74

55

1.08

69.46

2.02

64

1.21

104.64

2.29

(At

about 70°

264.16

3.00

the

solution

644.56

3.73

began to boil.)

NITROBENZENE.

The sample of nitrobenzene employed was from K ahlbaum and
was prepared from crystallizable benzene. The specific conduc¬
tivity was less than 3.5 X 10-7.

418

Lincoln — Electrical Conductivity.

Table XX.

Solvent: nitrobenzene.

Ferric Chloride, Ferric Chloride,

Fe Cl

3*

(v = 7.185 at 25° i

V

M

t

M

2.84

3.76

25° C

5.2

5.67

4.79

52

7.2

11.34

6.58

56

7.6

22.68

13.70

61

8.1

45.37

16.25

67

8.8

90.74

17.61

70

9.2

181.49

18.86

75

9.8

362.98

20.02

80

10.3

725.96

20.51

85

11.0

1,451.93

20.82

90

11.6

2,903.86

20.45

95

12.5

100

13.3

110

14.6

Phosphorus Trichloride,

122

15.7

PC13

125.

15.9

V

M

130

16.4

8.43

0.026

135

16.7

16.86

0.042

140

16.8

145

16.9

150

16.9

Antimony Trichloride,

Bismuth Trichloride,

Sb Cl3.

Bi Cl3,

V

M

V

M

1.83

0.033

8.50

0.80

3.65

0.048

17.01

0.91

7.31

0.122

34.02

0.96

14.60

0.225

68.04

1.03

29.21

0.390

136.07

1.07

58.41

0.706

272.14

1.11

116.83

1.276

Arsenic Trichloride,

Aluminum Trichloride,

As Cl

3*

A1 Cl3

/

V

M

V

M

1.338

0.016

4.692

3.67

2.676

0.021

9.384

4.51

4.014

0.028

1 Dissolved with slight evolution of heat. When the dilutions were made
the evolution of hydrochloric acid gas was very perceptible, and for this
reason no further determinations were made. For the same reason the
cryoscopic determinations do not appear among the results in Table XXI.

Quantitative Determinations.

419,

The following cryoscopic results will be of interest in connec¬
tion with the conductivity measurements. The molecular weight
determinations were made with a Bechmann’s apparatus, and all
of the usual precautions necessary to insure accurate results were
observed. The solvent was the same as that employed in the con¬
ductivity measurements, but it was further purified by being re¬
crystallized several times. The molecular lowering of the freezing
point used in these calculations was 70.70 (see Ostwald’s Grun-
driss der allgemeinen Chemie). The constant for nitrobenzene
has been lately redetermined by Ampola and Carl inf anti1 who
give 69 as the new value, while from their calculation accord¬
ing to van’t Hoffs formula they found it to be 68.6. The fol¬
lowing results were not recalculated; for while the correction
throughout would be the same and rather small, the relative
values would remain practically the same.

Table XXI.

Solvent: nitrobenzene.
Ferric chloride, Fe Cl3,
Mol. Wt. = 161.14.

Substance in 100 g solvent. Lowering.

Mol. wt.

1.4792

0.330°

316.9

1.6510

0.433

269.6

1.9661

0.575

241.7

2.3582

0.728

229.2

3.0566

1.065

203.0

3.4823

1.255

196.2

4.0097

1.501

188.9

4.7389

1.756

190.8

Antimony Trichloride, Sb Cl8,

Mol. Wt. =225.06.

2.5811

0.714°

255.6

3.1528

0.910

245.5

5.2983

1.585

236.3

6.3113

1.928

231.4

7.2706

2.248

228.7

8.3095

2.655

223.3

10.6533

3.555

211.9

1 Gazz, Chem. Ital .,

26, II, 76; 1896. (Ref.) Jour.

Chem. ,

12; 1897.

420

Lincoln — Electrical C onductivity.

Stannic Chloride, Sn Cl4.

Mol. Wt. =258.87

Substance in. 100 g solvent. Lowering. Mol. wt.

2.1259 0.337° 445.9

3.4059 0.742 332.1

5.3896 1.242 306.8

6.8268 1.662 290.4

Arsenic Trichloride, As Cl3.

Mol. Wt.= 179.98.

0.3997 0.223° 126.7

0.9756 0.493 139.9

1.2298 0.568 153.1

1.7010 0.763 157.6

2.7756 1.189 156.1

3.7299 1.554 169.7

4.5366 1.857 172.7

5.2582 2.138 174.3

6.4207 2.613 173.7

7.8651 3.179 174.9

10.4642 4.207 175.7

Bismuth Trichloride, Bi Cl3.

Mol. Wt. = 312.08.

0.6833 0.230° 203.9

0.9190 0.250 258.1

1.1268 0 280 282.6

1.4927 0.340 301.8

1.8563 0.410 317.9

3.0829 0.662 326.9

Phosphorus Trichloride, PC13.

Mol. Wt. = 136.33.

0.9339 0.530° 124.6

1.3482 0.758 125.8

Quantitative Determinations.

421

ORTHO NITROTOLUENE.

The C. P. sample of this solvent employed was from Kahl-
ibaum, and the specific conductivity was less than 1.8 X 10~7.

Table XXII.

Solvent:

ortho nitrotoluene.

Ferric Chloride,

Ferric Chloride,1

Fe Cl

3*

(v = 10.94 at 25° C.

V

M

t

M

10.94

8.37

25° C

9.39

16.38

9.44

46

11.98

25.99

10.74

60

12.77

74.28

13.32

70

12.92

201.43

15.24

80

12.67

90

12.12

100

11.46

Antimony Trichloride,

Murcuric Chloride,

Sb Cl3.

Hg Cl2.

V

M

V

3.40

0.056

105.43

0.628

6.55

0.088

19.82

0.244

34.10

0.389

META NITROTOLUENE.

The C. P. sample of this solvent was from Kahlbaum, and the
•specific conductivity was less than 1.8 X 10~7.

Table XXIII.

Solvent: meta nitrotoluene.

Ferric Chloride, Ferric Chloride,

Fe Cl3. (v== 10.86 at 25° C.)

V

t

M

10.86

6.86

25°

6.86

46.93

11.10

50

12.28

84.77

12.55

60

13.05

448.14

19.00

70

13.82

814.81

18.20

80

15.66

90

17.35

100

18.20

125

16.80

1 This solution remained in the resistance cell for two hours before the
determinations were made.

422

Lincoln — Electrical Conductivity,

BENZONITRILE.

The C. P. sample of this solvent employed was from Tromms-
dorff, and the specific conductivity was 1.9 X 10-6.

Table XXIY.

Solvent: benzonitrile.

Silver Nitrate, Silver Nitrate,

AgNOs.

(v = 2.09 at 25° C.)

V

u

t

M

2.09

3.37

8

0

Q

5.55 (?)

9.43

5.18

50

6.75

16.33

6.37

56

7.05

24.06

7.66

65

7.59

44.62

10.12

77

8.11

58.98

11.19

87

8.75

83.92

13.41

95

9.26

151.96

16.38

105

9.65

301.21

18.20

114

10.09

803.24

21.64

125

10.69

135

11.20

150

11.70

PYRIDINE.

The sample of pyridine from Konig was fractionated, and the'
portion distilling over between 106° and 117° was treated with
fused caustic potash from which it was distilled. The distillate
was again treated with caustic potash, over which it stood for
several days and was then distilled. The distillate was redis¬
tilled and the portion coming over between 113° and 114° at
742 mm. pressure was employed in some of the following deter¬
minations. The specific conductivity was 7.6 X 10~7. For other
determinations a C. P. sample of the solvent from Kahlbaum
was employed and its specific conductivity was about 7. 5 X 10~7,.

Quantitative Determinations.

423

Table XXV.

Solvent: pyridene.

Ferric Chloride, Ferric Chloride,

Fe Cl3. Fe Cl3.

V

fi

(New series.)

6.06

7.96

(A of solvent

— 1.74X 10-

15.02

7.52

V

M

24.56

6.85

45.52

6.32

42.18

6.82

93.69

5.91

95.35

6.41

159.55

5.57

Ferric Chloride,

Silver Nitrate,

v — 6.06 at 25° C.)

Ag NO,.

First series.

t

M

V

M

25° C.

7.96

7.55

24.07

54

16.50

10.71

24.87

59

17.24

17.70

25.79

65

18.23

25.52

26.91

70

19.59

27.43

27.29

75

20.40

37.32

27.96

80

21.16

51.43

29.49

85

22.71

60.90

30.17

90

23.36

93.71

30.83

95

24.12

140.57

36.21

100

24.80

105

25.61

Second

series.

110

25.61

392.28

40.16

588.42

43.13

784.56

45.21

Lead Nitrate,

Cupric Chloride,

Pb (N03):

2-

Cu Cl3.

V

M

v /i

21.10

0.81

45.10 0.98

55.96

1.57

57.04 1.16

168.47

3.25

Mercuric cyanide,

Mercuric Iodide,

Hg (CN)3.

Hgl3.

V

V

M

5.35 0.012

21.78

0.35

13.09 0.014

93.61

1.39

357.42 0.153

200.12

2.70

424

Lincoln — Electrical Conductivity.

Silver cyanide,

Silver Tartrate,

Ag CN.

Cc H4 06 Ag2.

V

M

V fl

14.64

4.78

340.74 14.64

24.52

5.04

1,505.91 35.29

38.40

5.42

100.47

6.16

393.01

6.47

Cobaltic Chloride,

Co Cl

2*

V

V .

1

74.06

0.20

805.31

1.45

A solution of cobaltic chloride becomes deep blue at a temp¬
erature between 40° and 50° C. The following specific conduc¬
tivity determinations were made in order to ascertain whether
the two differently colored solutions had the same conductivity.

Solvent .

Saturated solution of Co Cl2 at 25° C.

A at 25°.
7.5 X 10-7
2.9 X 10-6

A at 55°.

1.4 X 10-6

5.5 X IQ"6

PIPERIDINE.

A C. P. sample of this solvent from Kahlbaum was em¬
ployed, and its specific conductivity was less than 1.8 X 10~7.

Table XXVI.

Solvent: piperidine.

Silver Nitrate, Silver Nitrate,

Ag N03. (v = 4.24 at 25° C.)

V

M

V

M

4.24

0.368

25°

0.368

5.25

0.277

30.5

0.391

7.88

0.154

35

0.432

10.50

0.091

40

0.453

15.62

0.043

45

0.478

50

0.508

Quantitative Determinations.

425

QUINOLINE.

The sample of this solvent employed was from Merck, and
its specific conductivity was 3.7 X 10~7.

Table XXVII.

Solvent: quinoline.

Silver Nitrate, Silver Nitrate,

Ag NOs.

(y = 4 . 80 at

25® C.

V

M

t

M

4.80

2.45

25° C.

2.45

9.60

2.79

50

4.67

34.92

2.80

62

5.20

129.83

3.62

70

5.52

85

5.89

104

5.75

124

5.77

136

5.52

GENERAL DISCUSSION OF RESULTS.

THE ALCOHOLS.

The non-aqueous solvents that yield solutions which conduct
the best are in general the alcohols. Through the labors of Car¬
rara,1 Cattaneo,2 Cohen, 3 Fitzpatrick,4 Holland,5 Kablukoff,6 7 8 9 10 11
Pfeiffer,7 Schall,8 Schlamp,9 Vollmer,10 Zelinsky and Krapiwin,11

1 (1) Gazz, Chem. Ital ., 24, II, 504. (Ref.) Jour. Chem. Soe ., 68, ii,
302; 1895. (2) Ibid., 26, I, 119. (Ref.) Jour. Chem. Soe., 70, ii, 511;
1896. (3) Ibid., 27, I, 422. (Ref.) Jour. Chem. Soe., 72, ii, 473; 1897.

2 Rend. Accad. Line., II, 63 and 73; 1895. (Ref.) Jour. Chem. Soe. ,
72, ii, 537; 1897.

3 Zeit. phys. Chem., 25, 1; 1898.

4 Phil. Mag. (5), 24, 322; 1887.

6 Wied. Ann., 50, 261; 1893.

6 J. Russ. Chem. Soe., 23, 391. (Ref.) Jour. Chem. Soe., 64, ii, 151;
1893.

7 Wied. Ann., 26, 31; 1885.

8 Zeit. phys. Chem., 14,701; 1894.

9 Zeit. phys. Chem., 14, 273; 1894.

10 Wied. Ann., 52, 328; 1894.

11 Zeit. phys. Chem., 21, 35; 1896.

426

Lincoln — Electrical Conductivity.

and others, considerable knowledge concerning the conductivity
of alcoholic solutions has been gained. Raoult,1 Beckmann,2
Woelfer,3 Jones and King,4 Salvador!,5 and others from their
boiling point determinations have likewise contributed a large
number of facts that throw some light on the molecular condi¬
tion of substances dissolved in alcoholic solutions.

Electrical conductivity determinations of many solutions of
both organic and inorganic compounds in the following alcohols
have been made : methyl, ethyl, propyl, isopropyl, butyl, iso¬
butyl, amyl, isoamyl, allyl, and benzyl. In most cases but few
determinations have been made, and the conductivity is slight
except in the case of the first three. In the methyl, ethyl, and
propyl alcoholic solutions the value of fx approximates to, and
in some cases exceeds, the value found in aqueous solutions ; but
in general it is much less. A few examples will illustrate this
more fully. Lithium chloride in an aqueous solution gives a
value of 95 for /aqo at 18° C. ; while in propyl alcohol, in a vol¬
ume of about 3,000 liters, the value of /x at 15° is given as
128.9. In fact, most of the values of fx in dilute solutions of
propyl alcohol are, according to Schlamp, greater than the val¬
ues of fx oo in water. In methyl alcohol the value of /x for
N(C2H5)4I is 113.8, while in water it is only 104.2 ; for S(C2H5)3X
fx ao is 112.5, while in water it is 107.6; in the case of N(CH3)4I
the values of /xco in both solvents are virtually the same (115.3).
According to the determinations in the other alcoholic solutions
the values of /x do not even approximate those in aqueous solu¬
tions.

In order to calculate the degree of electrolytic dissociation of
the dissolved substance, it is necessary to know the value of
jLtoo . In non-aqueous solutions this value is more difficult to ob¬
tain, owing to the high resistance of the solutions employed.
In alcoholic solutions these values have been usually obtained

1 Compt. rend., 107, 442; 1888; Ann. de chim. et phys., 6, 346; 1890

2 Zeit. phys. Chem., 6, 437; 1890.

3 Wied. Ann., 57, 91; 1896.

4 Am. Chem. Jour., 19,753; 1897.

6 Gazz. Chem. Ital., 26, 1, 237; 1898. (Ref.) Jour. Chem. Soc., 70, ii,
712; 1896.

Trans. Wis. Acad., Vol. XII.

Plate II.

^7

40

35-

BO

2,0

15“

10

S

3

.

Trans. Wis. Acad., Vol. XII. Plate III.

Trans. Wis. Acad., Vol. XII.

Plate IV.

NO

100

<\ 0

80

70

ioO

30

%Q

K

(O

General Discussion of Results.

427

by experiment, while in other cases they have been extrapolat¬
ed. This will subsequently be shown to be unjustifiable.

In Plate II is platted the molecular conductivity of various
salts in ethyl alcoholic solutions, from the determinations of
Vollmer at 18°. The molecular conductivity is represented by
ordinates, and the cube root of the volume, in which one gram-
molecule of the substance was dissolved, is represented by abscis¬
sas. The cube root of the volumes was employed in order to
represent the values for the more dilute solutions in the figure.

It will be noticed that the salts of the alkalies yield limiting
values for ^ while in the case of CaCl2 there seems to be no
tendency for the curve to become asymptotic. The same is true
for Ca (No3)2, and from my determinations for PeCl3 and SbCl3.

In Plate III is represented the molecular conductivity of
salts in methyl alcohol from Vollmer’s determinations at 18° C.
and in Plate IV the results of Zelinsky and Krapiwin deter¬
mined at 25° C.

In most cases it will be seen limiting values are reached,
Cdl2 being, however, an exception. Zelinsky and Krapiwin ’s de¬
termination for KI indicates that the curve would not become
asymptotic, and therefore no limiting value for n would be
reached. Nevertheless, Carrara assigns 97 as the value of /x,co,
and Cohen1 has pointed out that the difference in the determina¬
tions of Carrara and of Zelinsky and Krapiwin may be attributed
to the effect of the platinum black electrodes, which they used,
on the alcohol.

Carrara calculated the values of /i <» for a number of salts in
methylic alcohol solutions and found them to agree very closely
with his own experimental results. In the following table are
given these results and also the value of ^ in water.

1Loc. cit.

428

Lincoln — Electrical Conductivity ,

Table XXVIII.

Values of ju<x>

In Methyl Alcohol.

In Water.

Cl

Br

I

OH

Cl

Br

I

OH

H

Li

Na

K

nh4

N(CH3)4

N(C2H5)4

S(CH8)3

133.80

77.30

86.80

95.57

96.24

134.5

395.2

110.0

119.4

140.8

140.6

398.

397.

87.58

96.52

99.93

89.77

97.63

105.25

115.30

113.76

116.38

71.83

75.75

(82.0)

122.2

143.6

143.4

121.4

142.6

142.6

115.6

104.2

119.3

216.2

237.6

230.0

95.76

100.09

96.62

102.5

9i.l3

97.34

102.4

117.8

105.2

120.3

199.2

214.0

Carrara’s calculations of /x0 o were based upon Campetti’s1
determinations of the transference figures of the halogens in
methylic alcohol solutions. From these values Carrara also
calculated the rate of migration of the ions and the results are
given in the following table which is taken from the Jahrbuch
der Electrochemie 3, 13, 1896:

Table XXIX.

Speed of Migration.

In Methyl Alcohol.

In Water.

Cl

Br

I

Li

27.83

39.8

Na

37.33

37.33

37.33

49.2

K

46.10

46.26

45.19

70.6

nh4

46.77

49.49

53.81

70.4

N (CH3)4

63.08

43.6

N(C2 H5)4

46.29

46.36

61.34

32.2

S (C H8 )3

51.43

49.85

63.94

47.6

H

85.53

82.50

325.0

j

V

OH

32.00

170.0

Cl

49.47

70.2

Br

50.24

73.0

I

52.44

72.0

ch8 coo

32.99

38.4

C Cl8 coo

35.95

32.8

1 Nuovo Cimento [3] 35, 225; (Ref.) Jahr. der Electrochemie , 1, 22*
1894.

Trans. Wis. Acad., Vol. XII.

Plate V.

l.S

I3.ST

I fe.5

H.5T

10

IS V* 4.5

10,5

aa.5

2,5.5

28. 5 31.5

General Discussion of Results.

429

Kawalki 1 found that the diffusion coefficient of a number of
substances in ethyl alcohol is 0. 34 times as great as in water.
Vollmer2 from his work observed that the conductivity in ethyl
alcoholic solutions at 18° C. is approximately 0.34 times as
great as in aqueous solutions, while his empirical factor for
methyl alcohol is 0.73. In general, then, limiting values can
be obtained for /x in methyl and ethyl alcoholic solutions.

In other alcoholic solutions no such uniformity seems to exist..
This is perhaps best illustrated in the case of solutions in
propyl alcohol. The molecular conductivity of solutions in this
solvent are represented in Plate V. The determinations are
from Schlamp’s 3 work with this solvent.

It will be noted that lithium salicylate is the only salt the
conductivity of which appears to approach a limiting value.
Schlamp does not hesitate, however, to assign values for ^oo in
all cases and from the platted results this seems hardly justifia¬
ble.

The conductivity has been found to increase with the tempera¬
ture. In my determinations with both allyl alcohol and benzyl
alcohol this was also found to be the case. (See quantitative
results — Tables IV and V. )

Raoult found that the vapor pressure of alcohols is very
slightly lowered by the addition of the dissolved substance. The
subject has been further investigated by Woelfer, who finds a
considerable rise in the boiling point of methyl and ethyl al¬
cohol when various substances are added. The calculated val¬
ues are usually lower than the theoretical values for the molec¬
ular weights of the dissolved substances. In methylic alcohol
solutions the degrees of dissociation as calculated from the boil¬
ing point determinations, show closer agreement with those ob¬
tained by the conductivity method than in the case of the other
alcoholic solutions. In the following table from Woelfer are
given the values of the degree of dissociation, a, as calculated from
the boiling point determinations of Woelfer and the conductivity
measurements of Vollmer.

1 Wied. Ann., 52, 300; 1894.

2 Ibid., 52, 328; 1894.

3 Zeit. phys. Chem., 14, 272; 1894.

430

Lincoln — Electrical Conductivity.

Table XXX.
Values of a.

Salt.

Per cent.

From boiling
point.

From conduct¬
ivity.

LiCl

0.45

0.63

0.57

KI

0.36

0.61

0.79

Nal

0.44

0.87

0.74

€H3COO K

0.48

0.48

0.63

CH3COONa

0.40

0.49

0.63

Salvadori 1 found HgCl2 to be more highly dissociated in
methyl alcohol according to the boiling point method than in
aqueous solutions. Beckmann2 found the reverse to be true in
ethyl alcoholic solutions. Jones and King3 calculated the dis¬
sociation of KI from their boiling point determinations, to
be 25.4 per cent, in a 2 per cent, solution and 27. 2 per cent, in a
3 per cent, solution of ethyl alcohol, i. e., the dissociation in¬
creases with the concentration. Cohen,4 from conductivity de¬
terminations at 18° C., found the degree of dissociation
to increase with the dilution, the dissociation being about 80
per cent, at a dilution of about 1000 liters. This disagreement
of the dissociation values obtained by these two methods will
be made more apparent, perhaps, by Table XXXI. The table
is copied from Woelfer’s paper. The results by the boiling point
method were obtained by himself, those by the conductivity
method by Vollmer.

1, 2, 3, 4 Loc. cit.

General Discussion of Results .

431

Table XXXI.
Values of a.

Salt.

Per cent, in
ethyl alcohol.

From boiling
point.

From conduc¬
tivity.

LiCl

0.9

0.35

0.32

CH3COOK

1.07

0.18

0.27

KI

0.78

0.29

0.49

AgNOs

0.533

0.65

0.38

Nal

2.14

0.27

0.45

Nal

0.68

0.51

0.56

CH3COONa

0.97

0.01

0.24

It is to be remembered that these two sets of values are cal¬
culated from results obtained at different temperatures ; in the
case of the conductivity measurements at 18° C., where the
viscosity factor is about 0.01211, and in the other case at 78°
when that factor had decreased (at 70° to 0.00521). Yet it will
be seen that there is no regularity of the results and that the
degree of dissociation according to the boiling point determina¬
tions is not invariably higher than that obtained by the con¬
ductivity method. It is no doubt but proper to ask, which of
these methods gives the correct measure of the amount of dis¬
sociation of the dissolved substance.

In propyl alcoholic solutions the boiling point method gives
nearly normal values for the molecular weights of the dissolved
substances. In the case of lithium salicylate, however, a double
molecular is indicated; and it is only in the case of solutions
of this salt, that the values for ^ appear to approach a limiting
value. (See Plate V.) The results of a few of the molecular
weight determinations made by Schlamp are given in the follow¬
ing tables :

Table XXXII.

Salicylate of Lithium. Sodium Iodide. Lithium Chloride.

Mol. Wt. = 144. Mol. Wt.= 150. Mol. Wt. = 42.5.

Per cent.
Content.

Mol. Wt.

Per cent.
Content.

Mol. Wt.

Per cent.
Content.

Mol. Wt.

1.97

260

3.09

144.8

0.182

36.19

2.16

273.3

5.09

146.1

4.05

48.95

4.86

252.5

7.60

140.1

4.57

45.40

10.30

273.4

14.02

150.5

5.0

42.3

15.45

288.9

432

Lincoln — Electrical G onductivity.

From the analogy of the electrolytic dissociation of sub¬
stances in aqueous solutions to the dissociation of gases,
Ostwald has formulated a law of dilution for binary electrolytes
which is as follows: —

K =

(1 -a)V'

Mv
M oo

and V is the volume in which one gram molecule of the
dissolved substance is contained. In aqueous solutions of
weak electrolytes this generally holds fairly well, and many
attempts have been made to determine whether it holds for
non-aqueous solutions. Most investigators, Volimer, Woelfer,
Cattaneo, and others, have found that Ostwald’s dilution law
does not hold in the case of methyl and ethyl alcoholic solu¬
tions. Cohen1 has considered this subject at considerable
length, and comes to the same conclusion.

The following table compiled from the work of Volimer and
of Woelfer shows more clearly in the case of ethyl alcoholic
solutions that the K in the above formula is not constant.

Table XXXIII.

From Vollmer’s conductivity determinations.

Potassium Acetate.

Lithium Chloride.

Sodium Iodide.

V

a

lOOiT

V

a

100AT

V

a

100JV

11.4

0.264

0.83

5.9

0.328

2.70

8.7

0.474

4.92

113.0

0.549

0.59

60.5

0.621

1.68

27.4

0.580

2.92

1120.0

0.862

0.48

605.0

0.858

0.86

280.

0.805

1.19

3520.0

0.934

0.36

1912.0

0.934

0.69

2800.

0.934

0.47

From Woelfer’s boiling point determinations.

Potassium Acetate.

Lithium Chloride.

Sodium Iodide.

V

a

100 K

V

a

100JT

V

a

100 K

6 0

0.077

0.11

2.6

0.178

1.5

9.1

0.289

1.3

6.9

0.100

0.16

3.0

0.205

1.8

10.4

0.317

1.4

8.0

0.126

0.22

3.5

0.240

2.2

12.2

0.353

1.6

9.7

0.160

0.31

4.2

0.277

2.5

14.7

0.391

1.7

12.2

0.195

0.39

5.3

0.325

2.9

18.4

0.438

1.8

16.2

0.249

0.50

7.0

0.381

3.4

24.6

0.495

1.9

24.4

0.324

0.64

10.6

0.472

4.0

37.0

0.574

2.1

48.4

0.441

0.71

21.1

0.600

4.3

74.0

0.718

2.4

1 Loc. cit.

General Discussion of Results.

433

Rudolphi's formula, which differs from Ostwald’s in having
^ V for V, has been shown to hold no better than Ostwald’s.

The values of the constant as calculated by these two formulae
from the conductivity determination of potassium acetate, are
given in the following table for comparison. K with the sub¬
script r indicates that those values were obtained by using
Rudolphi’s formula, while K with the subscript o indicates that
Ostwald’s formula was employed.

Table XXXIV.

v

/:

100 Kr

100 Ko

11.4

8.28

0.82

0.242

113

17.18

0.59

0.055

1,120

27.0

0.49

0.014

3,520

29.2

0.36

0.006

It will be observed that Rudolphi’s formula does not yield a
constant.

From the preceding it therefore appears that neither the di¬
lution law of Ostwald nor that of Rudolphi holds for alcoholic
solutions.

It has been shown fromSchlamp’s work that the assumption of
values for fx-jo is not justified; therefore, since these values are
wanting, the validity of the law of Ostwald and of that of Ru¬
dolphi cannot be tested in regard to this solvent. The data avail¬
able are not sufficient to draw any conclusions concerning the
applicability of these laws of dilution to other alcoholic solu¬
tions.

Nernst1 has called attention to the fact that solvents which
have a high dielectric constant yield solutions that conduct elec¬
tricity. This is true in the case of alcoholic solutions, but those
solvents that have the highest dielectric constant do not always
yield solutions that conduct the best; but in general this is the
case. Propyl alcohol, the dielectric constant of which is only
about four-fifths that of ethyl alcohol, generally yields solutions
that conduct better; the reverse is the case, however, when
hydrochloric acid is the dissolved substance. Further, methyl

1 Zeit.phy s. Chem ., 14, 622; 1894.

434

Lincoln — Electrical C onductivity .

alcohol, the dielectric constant of which is about 32, yields di¬
lute solutions of S(C2H5)3I that conduct better than those in
water, the dielectric constant of which is about 80. The reverse
is the case in concentrated solutions. (See Table XXVIII.)

The coefficients of association of the alcohols show that their
molecules are polymerized, but the conductivity is not propor¬
tional to the degree of polymerization. The illustrations given
above in regard to the dielectric constants are applicable here
as well.

The conductivity increases with the temperature for the de¬
terminations that have been made, and no exception has as yet
been found. There are not sufficient data to determine accu¬
rately the temperature coefficient of all alcoholic solutions; but
it can be stated that, in general, the conductivity does not in¬
crease proportionately with the temperature. It has been pointed
out by Holland and by Zelinsky and Krapiwin — and later it
has been confirmed by Cohen as well as by Walker and Hum¬
bly1 — that the temperature coefficient seems to be but slightly
influenced by the addition of a non-electrolyte or even of a small
quantity of water.

The investigation that has been carried on with mixtures of
water and alcohol is of considerable magnitude; but as it has
very little bearing upon the subject in hand, not much attention
has been paid to it, and consequently very little reference will
be found to it in this discussion. But it might be within the
compass of this work to mention the investigations of Cohen2
and perhaps those of Zelinsky and Krapiwin.3 The following
table of comparative conductivities is taken from the work of
Zelinsky and Krapiwin. In the column headed A is given the
conductivity in aqueous solutions, under B in methyl alcoholic
solutions, and under C is given the conductivity in a 50 per
cent, solution of methyl alcohol and water.

1 Jour. Chem. Soc ., 71, i, 66; 1897.

2, 3 Loc. cit.

General Discussion of Results.

435

Table XXXV.

y

KBr

NH4Br

KT

nh4i

A

B

C

A

B

C

A

B

C

A

B

C

16

123.1

'

59.82

127.2

65.43

61.16

124.5

69.20

62.13

125.4

72:24

62.63

32

127.5

69.02

62.46

131.8

72.73

63.81

128.2

76.35

64.37

129.6

78.74

65.04

64

130.5

76.70

65.36

135.3

79.56

66.04

130.5

82.52

66.01

133.4

85.0

67.48

128

132.9

83.60

67.11

138.6

85.80

67.45

133.0

88.69

67.45

135.9

91.14

69.28

256

136.4

88.96

69.26

141.2

90.88

68.32

135.8

93.85

68.28

138.7

96.20

70.34

512

140.2

93.26

70.53

143.5

94.99

69.10

137.9

98.19

69.65

141.3

100.6

71.12

1024

143.4

97.25

145.6

98.24

70.11

140.9

102.2

70.55

143.7

104.7

71.5?

It will be noticed that the conductivity of the halogen salts
of the alkalies in methyl alcohol (B) is considerably less than
in aqueous solutions (A). When water is added to the extent
of 50 per cent, even (C), the conductivity is somewhat less than
it is in absolute methyl alcohol. Cohen and others have
pointed out the same fact; that is, at 18° C. the conductivity
of a mixture consisting of water and methyl alcohol, and con¬
taining more than 60 per. cent of alcohol, is less in dilute solu¬
tions than it is in absolute alcohol. This fact seems to be
rather difficult to reconcile with the electrolytic dissociation
theory, for here we have two solvents that possess dissocia¬
tive power in a high degree, and yet a salt dissolved in a mix¬
ture of equal parts of these yields a solution the conductivity
of which is less than that of the solutions formed when dis¬
solved in either.

Carrara1 has shown that the electrolytic dissociation of water
in methyl alcohol is greater than it is in aqueous solutions,
while the reverse is the case in ethyl alcohol. It is also of in¬
terest to note that KOH and NaOH in methyl alcohol show
the same conductivity as CH3OK and CH3ONa.

1 Gazz., Chem. Ital., 27, I, 422; 1897. (Ref.) Jour. Chem. Soc., 72, ii,
473; 1897.

436

Lincoln — Electrical Conductivity.

THE ALDEHYDES.

From the quantitative measurements of the electrical conduc¬
tivity of solutions in aldehydes, the results of which are given
in Tables VI, VII, VIII and IX, it will be observed that
furfuro^ yields the largest values of fx for solutions of ferric
chloride. The dielectric constant of this solvent is larger than
that of any of the other aldehydes. Owing to the great vola¬
tility of acetic aldehyde, satisfactory quantitative measurements
at 18° C. were not made; but from the qualitative results it
will be seen that this solvent yields solutions that conduct
fairly well.

The magnitude of the molecular conductivity can be readily
seen from the results. The value of fx increases with the dilu¬
tion in all cases except for the solution of ferric chloride in
benzaldehyde. The conductivity increases with the tempera¬
ture, except in the case of the solution of the trichloride of
antimony in paraldehyde, in which instance the conductivity
appears to remain virtually constant. In the solution of ferric
chloride in salicylic aldehyde the conductivity becomes prac¬
tically constant at about 45° C.

The coefficents of association of the aldehydes, as far as these
could be found in the literature of the subject, indicate that
their molecules are not polymerized.

THE KETONES.

The ketones were found to yield solutions that conduct elec¬
tricity fairly well. Considerable work has been done with
these solvents. The conductivity of the solutions of a number
of salts, both organic and inorganic, has been measured by
Laszczynski,1 Carrara,2 Dutoit and Aston3 and some boiling
point determinations in acetone have been made by Dutoit and
Friderich.4

Acetone yields solutions the conductivity of which is in gen-

1 Zeit, Electrochemie, 2» 55; 1895.

1 Gazz, Chem. Ital., 27, I, 207; (Ref.) Jahr. der Electrochemie^ 4,
48; 1897.

3 Comptes rendus, 125, 240; 1897.

4 Bull. Soc. Chim. Paris (3) 19, 321; 1893.

Trans. Wis. Acad., Vol. XII.

Plate VI.

General Discussion of Results.

437

cral better than in the case of many of the other ketones; and
on Plate VI is represented the conductivity of a number of salts
in this solvent. The results platted are from the determina¬
tions of Carrara principally, those designated L from Laszczynski,
and those with D are from Dutoit and Aston.

It will be observed, that the molecular conductivity of the
solutions of all the salts increases with the dilution except that
of cadmium iodide, which remains virtually constant. Dutoit
and Priderich found the same to be true for cadmium iodide in
acetophenone. In the case of solutions of this salt in both
methyl-ethyl ketone and methyl -propyl ketone, the conductivity
decreases with the dilution and the same was found to be the
case for stannous chloride in acetone. (See Table X.)

In general the conductivity of solutions in ketones is much
less than that of aqueous solutions, but there are a few notice¬
able exceptions. The molecular conductivity of Nal, NHJ,
N(C2 H5)4I and of S(C2 H5)3I in acetone, according to Carrara,
is greater in dilute solutions than the values assigned ^ for
aqueous solutions. The value of fx for most of these salts is
greater in acetone than in methyl alcohol. Carrara finds that
HC1, LiCl and other hygroscopic substances that are highly
dissociated in water, yield very low values for the molecular
conductivity when dissolved in ketones. The value of fx for
SCN. NH4, Cdl2, and C7H503. Na in methyl-propyl ketone as
well as those for most salts in acetophenone are not of great
magnitude.

It will be seen from Plate VI that very few of the salts yield
solutions in acetone that have limiting values for jx. There are
two curves, for Nal and N(C2H5)4I, that appear to indicate a
decrease in the conductivity after certain dilutions are reached.
The two curves, platted for KI, one from the determinations of
Laszczynski and the other from those of Carrara, apparently in¬
tersect at about fx — 153. Laszczynski thinks the value of ^
lies between 160 and 170. Assuming the value of 160 for ^ , ac¬
cording to Kohlrausch’s law of the additive property of the
conductivity of aqueous solutions, Laszczynski calculates the
factor k in the formula, /xco = k (u 4- v), where (u + v) is the con¬
ductivity at infinite dilution in water and k is a constant. The

438 Lincoln — Electrical Conductivity.

value of k he finds to be 1.3 for acetone. If this method
be applied to salts other than KI, the one he employed — to
Cdl2 for instance — , it will be found that new values for k will
be obtained. There is no such agreement between the limiting
values of /x in acetone and water as Vollmer found to hold in
the case of ethyl alcohol and water. The two curves for LiCL
are alike; but the values of /x differ slightly, neither, however,,
showing any tendency to approach a limiting value. The small
conductivity Carrara1 ascribes to the combination of salt and
solvent which forms LiCl + C3H60.

There have been too few molecular weight determinations of salts
in ketones made by the boiling point method. This method, ac¬
cording to Dutoit andFriderich,2 yields normal molecular weights
for the compounds of the formula CNS.NHi, HgCl2, Nal, LiCl,,
and Cdl2 when dissolved in acetone. In conjunction with the
electrical conductivity of these solvents, this seems to argue
against the electrolytic dissociation theory, if the methods em¬
ployed are trustworthy means for measuring the amount of dis¬
sociation in non-aqueous solutions. But Dutoit and Friderich
expect soon to show that this is not incompatible with the dis¬
sociation theory.

From the magnitude of the dielectric constants, one would ex¬
pect the ketones to yield solutions that conduct. According to
Ramsay and Shields, their molecules are polymerized. As far
as measurements have been made, the conductivity has been
found to increase with the temperature, except in the case of
Cdl2 where it remained the same at 50° C as at 25°; but it
must also be remembered that the molecular conductivity of so¬
lutions of this salt does not change with the dilution.

THE ESTERS.

In esters the dissociative power is slight, and decreases with
an increase in the carbon content. The substitution of Cl, CN
or CH3CO for the hydrogen of the methyl group does not cause
a decrease in the dissociative power of the solvent. Ethyl car-

1 Loc. cit.

2 Loc. cit.

General Discussion of Results.

439

bonate does not conduct, but if one of the ethoxy groups be re¬
placed by Cl, the resulting compound possesses dissociative
power to a considerable degree. Ethyl monochloracetate yields
.solutions that conduct fairly well, while the substitution of the
CN group, (thus forming ethyl cyanacetate) yields solutions of
ferric chloride that do not conduct as well as those of ethyl
monochloracetate; but the reverse is true in the case of solu¬
tions of CuCl2. By comparison of Tables XIV, XV, and XVI,
it will be seen that neither of these solvents yields solutions
that conduct as well as the solutions of ethyl acetoacetate, as
far as examined. The esters with the highest dielectric con¬
stants usually yield solutions that conduct the best, but there
are a few exceptions to this. From Tables XVI and XV it will
be seen that ethyl acetoacetate yields solutions of ferric chlo¬
ride that conduct better than those in ethyl cyanacetate, the
-dielectric constant of the latter being 26.7, while that of the
former solvent is only 15.7. Then, too, those esters whose die¬
lectric constants are very low yield solutions that conduct elec¬
tricity slightly — for example, ethyl acetate and ethyl benzoate.

The coefficients of association that have been determined,
show that the molecules of these esters are not polymerized ; yet
it will be noted that ethyl acetoacetate yields solutions that
conduct very well. In all determinations made, it was observed
that the conductivity increases with both the dilution and the
temperature.

COMPOUNDS CONTAINING NITROGEN.

The nitro compounds of benzene and toluene yield solutions
that conduct fairly well. The conductivity increases with the
dilution, and in the ferric chloride solution ^ approaches a lim¬
iting value. The conductivity of other salts in nitrobenzene is
rather low. (See Table XX.) The results of a number of
cryoscopic determinations are given in Table XXI. From these
it will be observed that the values obtained seem to indicate
normal molecular weights for the dissolved substances. These
determinations indicate that the molecular weight of ferric
chloride is uniformly higher than the theoretical, and decreases
with increased concentration of the solution. The same is true

440 Lincoln- — Electrical Conductivity.

in the case of the trichloride of antimony, but the variation is
relatively less than in the case of the ferric chloride; and the
more concentrated solutions show a molecular weight slightly
less than the theoretical. In the case of stannic chloride the
same general facts appear. The trichlorides of bismuth and
phosphorus yield molecular weights that increase with the con¬
centration. In the more dilute solutions these values are lower
than the theoretical. These results are of particular interest
in connection with the high values of /x obtained in this solvent
for solutions of ferric chloride. The conductivity is in keeping
with the high dielectric constant of nitrobenzene; and accord¬
ing to Ramsay and Shields this solvent is classified among those
whose molecules are not polymerized. The conductivity in¬
creases with the temperature, and reaches a limiting value.
(See Table XX.)

Dutoit and Aston have determined the conductivity of a num¬
ber of salts in propionitrile. The conductivity of various salts
in solutions of acetonitrile and butyronitrile has been measured
by Dutoit and Friderich. They find that nitriles yield solutions
that conduct, and the same is true of benzonitrile. (See Table
XXIV.) Owing to the small quantity of this solvent available,
only a few quantitative determinations could be made; but from
the qualitative results it will be seen that benzonitrile solutions
conduct fairly well. The values of /x for acetonitrile solutions
approximate closely those obtained for aqueous solutions, while
for CNS.NH4 and Nal, /x is about the same magnitude as for
AgN03 in benzonitrile. The conductivity of the other salts in
these solvents is rather low. The conductivity increases with
the dilution, but in the case of Nal in butyronitrile it appears
to be about constant. The conductivity increases with the
temperature except in the case of solutions of Cdl2 in aceto¬
nitrile, the value of /x being virtually the same at 0.2° C. as at
37.2° C.

According to Werner,1 boiling point determinations indicate
normal molecular weights of AgN03 in benzonitrile. The
average of his determinations is 176, while the theory requires
170. His values for mercuric iodide are a little above the

1 Zeit. Anorg. Chem ., 15, 1; 1897.

Trans. Wis. Acad., Vol. XII.

Plate VII.

70

60

SO

A-0

30

5U>

10

0

General Discussion of Results.

441

normal, while the average of two series shows normal values for
HgCl2. The qualitative results given above show that solutions
of HgCl2 conduct electricity.

The coefficients of association of the nitriles show that their
molecules are polymerized, with the exception of benzonitrile.
This solvent shows a high value for its dielectric constant; but
no values for the other nitriles could be found in the literature.

ORGANIC BASES.

Of the organic bases investigated, pyridine and quinoline
were found to yield solutions that conduct electricity much
better than piperidine. Laszczynski and Gorski1 have determined
the conductivity of a number of salts in pyridine, and their re¬
sults are platted on Plate VII.

Lithium chloride, it will be noticed, yields solutions that con¬
duct very poorly; and the authors attribute this fact, as Carrara
did in the case of this salt in acetone, to the combination of
the solvent with the dissolved substance forming LiCl +
2 C5H5N. They assign limiting values to fx in the case of
NH4.CNS, XH4I, KI and Nal. From Plate VII it appears that
the curves representing the conductivity would become asymp¬
totic. The values for AgN03 are my own determinations, and
these do not appear to approximate a limiting value for ^ at least
in the dilutions at which the measurements were made. A glance
at Table XXV will show that the silver salts give larger values
for [x than even the salts of the alkalies, according to Laszczyn¬
ski and Gorski.

Werner’s2 boiling point determinations show about normal
molecular weights for the salts of the heavy metals in pyridine.
The average of his determinations for AgN03 is 165.4, — theory
169.55; for Hg(CN)2, 216.68, — theory 251.76; for Hgl2,
308.0, — theory 452.88; and for Pb(N03)2, 352.07, — theory
requires 330.35. In most cases he obtained values a little
under the theoretical. The greatest discrepancy occurs in the
case of Hgl2, and it will be observed that the solution of this
salt yields small values for /x .

1 Zeit , Electrochemie , 4, 290; 1897.

2 Loc. cit.

442 Lincoln — Electrical Conductivity.

The dielectric constants of these solvents have not been de¬
termined to my knowledge. The coefficients of association of
pyridine and quinoline do not indicate polymerization of their
molecules, while that of piperidine indicates a slight polymeri¬
zation. It will also be noted that this last named solvent yields
solutions that conduct very much more poorly than either of
the others. Werner’s molecular weight determinations in piperi¬
dine give values somewhat higher than the theoretical: for ex¬
ample, the average of three determinations for AgN03 is 188.88
whereas the theory requires 169.55.

THEORETICAL PART.

Through the efforts of various investigators of non-aqueous
solutions, a large number of facts have been accumulated which
have been rather difficult to explain satisfactorily by means of
the generally accepted theory of electrolytic dissociation. From
time to time additional theories have been promulgated to ex¬
plain these facts; until, at the present time, many have been
advanced by means of which explanations have been attempted
and from which generalizations have been drawn — in some cases
apparently without sufficient experimental data to warrant them.
A brief survey of the explanations offered will now be given,
and an effort will be made to show wherein these are not recon¬
cilable with the experimental results herein presented.

From a consideration of the optical properties of solvents,
Briihl1 comes to the conclusion that oxygen is generally tetra-
valent. He attributes the polymerization of the molecules of
water and of other oxygenated liquids, their high specific in¬
ductive capacity, as well as the dissociative power exerted
upon the dissolved substance, to their being unsaturated com¬
pounds. It is true that a great many oxygenated solvents do
yield solutions that conduct electricity; but it has been pointed
out by Dutoit and Friderich that the ethers and the ether salts
are not polymerized solvents and that they yield solutions that
do not conduct, or the conductivity of which is very slight; as

1 Zeit. phys. Chem ., 18, 514; 1895; Ibid, 27, 317; 1898; Ber. chem.
Ges. Berlin , 30, 163; 1897.

Theoretical Discussion .

443

in the case of ferric chloride solutions in phenyl-methyl ether.
Ethyl carbonate does not yield solutions that conduct. The
same is true for chloral solutions, and the esters of high car¬
bon content yield solutions the conductivity of which is very
slight. In the case of the substitution of chlorine for the
ethoxy group in ethyl carbonate the number of spare valences
is undoubtedly reduced, yet this product, ethyl chlorearbonate,
yields solutions that conduct well.

In compounds containing nitrogen, Bruhl holds that the con¬
ductivity of their solutions is due to the extra valences of the
nitrogen. He predicts that hydrazine will prove to yield solu¬
tions that conduct. It has been seen that phenylhydrazine
does not yield solutions of the salts tested that conduct elec¬
tricity; however, it still remains to be seen what hydrazine will
do. He states that, in general, the dissociative power in the
case of nitrogen compounds will vary with the nitrogen content,
without being proportional to it, however; just as he claims it
varies with the oxygen content of oxygen compounds. He fur¬
ther predicts that the anhydrous hydrocyanic acid, diazo com¬
pounds, and even unsaturated compounds of the elements other
than oxygen, namely, PC13, AsC13, mercaptans and sulphur
ethers, will possess dissociation power. Attention has been
called to the fact, that when the CN group is substituted for
hydrogen in ethyl acetate, the conductivity is materially in¬
creased. Nitriles do yield solutions that conduct very well.
Contrary to Briihl’s prediction, PC13 does not yield solutions
that conduct; but in the case of AsC13 his prediction is con¬
firmed. Werner found that solutions of cuprous chloride in
methyl sulphide conduct very poorly. Prom the evidence we
have at present it seems that the theory that the dissociative
power of solvents is due to the unsaturated valences, that
is, that the only solvents that yield solutions that conduct
electricity, are unsaturated compounds, is not substantiated by
the facts in many cases. Therefore the theory as promulgated
by Bruhl is untenable.

It is quite noticeable that a large number of the investigators
of the properties of non-aaueous solutions, express the thought
that there is manifested considerable influence between the dis-
29

444

Lincoln — Electrical Conductivity .

solved substance and the solvent. This factor of the influence
of the solvent upon the dissolved substance, is one that is no
doubt of very great importance; and in the development of the
electrolytic dissociation theory (which is based upon the behav¬
ior of aqueous solutions) the action of the solvent upon the dis¬
solved substance has been entirely neglected. The opponents of
the dissociation theory present this fact in a rather forcible
manner.1

Fitzpatrick concludes from his investigation on the conduc¬
tivity of alcoholic solutions that the action of the solvent upon
the dissolved substance is a chemical one. He conceives the
dissolved salt as decomposing and forming molecular groups in
the solvent. Owing to the large excess of the solvent there will
be a continual decomposition and recombination of these molec¬
ular groups. He cautions one against regarding the solvent
as a medium in which the salt particles are suspended or as a
dissociating agent. Wildermann2, on the other hand, recog¬
nizes two kinds of dissociation — one, the electrolytic dissocia¬
tion of the dissolved substance, and, the other, the dissociation
of the larger molecular aggregates into smaller ones. For ex¬
ample, in a solution of KC1 in water the following aggregates

are assumed to exist: K2C12, KC1, K2C1, KCL,, K and Cl.
He further maintains that solutions of all substances, whatever
the solvent or concentration, undergo electrolytic dissociation.

Cattaneo3 was impressed with the fact that the molecular
conductivity is greatly influenced by the nature of the solvent
employed. He was not able, however, to point out any
direct relation existing between the various proper¬
ties of the solvents which yield solutions that con¬
duct. Konovaloff,4 from his work on the amines, con¬
cludes that only those solvents that react chemically with the
dissolved substance yield solutions that conduct. It is true

Fitzgerald’s “ Helmholtz’ Memorial Lecture,” Jour. Chem. Soc. 69,.
i, 885; 1896.

2Ber. chem. Ges. Berlin 26 1773 and 1881; 1893.

3 Bend. Accad. Line ., II, 63 and 73; 1895. (Ref.) Jour. Chem. Soc..
72, ii, 537; 1897.

4 Wied. Ann ., 49, 733; 1893.

Theoretical Discussion.

445

that there are many solvents of this nature which do react
with the dissolved substance, and yet which do not yield solu¬
tions that conduct electricity. Picric acid reacts with benzene
but the resulting solution does not conduct electricity. Hence
chemical combination of the dissolved substance with the sol¬
vent may take place and yet the solutions need not necessarily
conduct. Werner has isolated and analyzed a large number of
products of pyridine and piperidine, among those of other or¬
ganic solvents, with salts of the heavy metals. From the boil¬
ing point determinations, the molecular weights of these salts
seem to be very slightly influenced by their union with the
solvent. This is analogous to the fact, that salts which crys¬
tallize from an aqueous solution with water of crystallization,
yield the same molecular weights whether dissolved in the an¬
hydrous form or with their water of crystallization. Werner
perhaps sums up his idea best in the following manner: “ Da
nicht bezweifelt werden kann, dass in bestimmten organischen
Losungen hydratahnliche Additions-producte von Lbsungsmit-
tel und Metallsalz als bestandige Verbindungen gelbst sind, so
muss auch angenommen werden, dass bestimmte Hydrate in
den wasserigen Losungen enthalten sein konnen; wenn im
ietzterem Fall eine elektrolytische Dissoziation eintritt, so
entstehen nicht Metal lionen, sondern an deren Stelle treten
ionisierte Metallwasserradikale. ” Carrara thinks that the
union of solvent and dissolved substance accounts for the slight
conductivity in certain cases. The low values for ^ in the case
of acetone solutions of HC1 and LiCl he attributes to this fact.

It has been pointed out by Ciamician 1 that the dissociative
power of a solvent depends principally upon its chemical struc-
ure. That is, compounds of the same chemical type, for ex¬
ample, of the HOH type, yield solutions that conduct well.
This is true in the case of alcoholic solutions, which are not
the only class of compounds that possess dissociative power;
as has already been pointed out. In general, however, if one
member of a particular type of compounds (e. g. nitriles),
yields solutions that conduct, it has been found that other
members also possess this property; and if a member of some

1 fcsj eit. phys . Chem ., 6, 403; 1890.

446

Lincoln — Electrical C ondudivity .

other type (e. g. hydrocarbons), is found not to yield solutions
that conduct, other members do not possess dissociative power.

The data collected are as yet insufficient to show what the re¬
lation between solvent and dissolved substance must be in or¬
der to yield solutions that conduct electricity. Enough facts
have been presented, however, to make it apparent that any
theory that aims to explain the electrical conductivity of solu¬
tions in general, must take into consideration the influence of
the solvent upon the dissolved substance. This subject is re¬
plete with interest; for closely connected with it is the true
cause of the solubility of substances.

Carrara 1 states that the electrical conductivity of a solution
depends upon (a) the dissociative power of the solvent and (b)
on the electrical friction or friction between the solvent and the
ions. This factor of electrolytic friction he obtains from Kohl-
rausch’s formula /x oo — k (u + v), where k is a constant. This
formula is based upon the fact that the conductivity in aqueous
solutions is an additive property. Carrara himself has pointed
out in the case of methyl alcoholic solutions, that the end value
does not represent a condition of complete dissociation, but
corresponds to an equilibrium between the dissociated, the un¬
dissociated and complex molecules. As evidence of this he
points to the disagreement between the degree of dissociation
when calculated from the boiling point and from the conduc¬
tivity determinations. From the work of Dutoit and Friderich
on the boiling point of acetone solutions, it appears that the
degree of dissociation is very slight, since normal molecular
weights were obtained; hence it would seem that the other
factor, electrolytic friction, was the one remaining, according to
Carrara, upon which the large conductivity of acetone solutions
depends. It therefore appears evident that Carrara’s idea can¬
not be accepted as the sole cause of electrolytic conductivity.

Dutoit and Friderich,2 from the results of other investigators
and from their own researches on the ketones and nitriles, conclude
that; “la conductibilite des electrolytes dissous dans un dissolvant

*Gazz. Chem. Ital., I, 207-222; 1897; (Ref.) Jour . Chem. Soo ,, 72, ii,
471; 1897.

2 Loc. cit.

Theoretical Discussion.

447

non polymerise est null. ” The accuracy of this statement will be¬
come manifest when the following table is examined. In Table
XXXVI are arranged the names of a number of solvents in the
order of increasing coefficients of association. The names appear
in the first column, the coefficient of association in the second.
These values were mostly determined by Ramsay and Shields.
(See Table I.) The third column contains the dielectric con¬
stants taken from Table I; and the fourth column contains the
viscosity factors, rj, as far as they could be obtained from the
tables of Dutoit and Friderich and of Landolt and Bornstein.
The last three columns contain the salts, the volume in liters in
which our gram-molecule was dissolved, and the molecular con¬
ductivity at this particular concentration. That salt was usually
chosen that gave the largest value for fx.

Table XXXVI.

Solvent.

Coefficient
of Asso-*
ciation.

Dielectric
constant.
(Air = 1)

V

Salt.

V

Quinoline

0.81

Ag NOs

129.8

3.62

Paraldehyde

0.85

Fe Cl3

575.5

17.00

Pyridine

0.93

nh4i

2528.6

41.00

Nitrobenzene

0.93

32.19

Fe Cl3

1451.9

20.80

Ethyl acetoaceate

0.96

15.70

Fe Cl3

503.5

23.40

Benzonitrile

0.97

26.00

Ag NOs

803.0

21.64

Benzaldehyde

0.97

14.48

Fe Cl3

25.6

14.30

Phosphorus tri¬

chloride

1.02

Aniline

1.05

7.50

Acetophenone

1.05

16.40

Fe Cl3

293.0

13.0

Carbon disulphide

1.07

2.61

0.00357

Piperidine

1.08

Ag NQ3

4.24

0.37

Methyl-propyl

ketone

1.11

16.75

0.0044

Ag NO,

1074.0

59.5

Methyl-ethyl

ketone

1.15

18.44

0.0041

CNS. NH4

94.8

19. 7

Butyronitrile

1.22

0.0056

Ag N03

150.4

32.1

Acetone

1.26

21.85

0.0031

Kl

2315.2

153.2

Propionitrile

1.40

0.0040

Ag N03

256.0

38.86

Acetonitrile

1.60

0.0033

Ag NOs

1141.4

159.3

Allyl alcohol

1.88

21.60

0.0130

Fe Cl3

115.6

32.2

Propyl alcohol

2.25

20.45

0.0200

Nal

4495.5

174.7

Ethyl alcohol

2.74

25.70

0.0109

KI

oo

46.0

Methyl alcohol

3.43

32.65

0.0055

KI

00

89.6

Water

3.60

78.00

0.0089

KI

00

142.6

448

Lincoln — Electrical C onductivity.

It will be observed that those solvents on the list down to
and including benzaldehyde, are not polymerized liquids, ac¬
cording to their coefficients of association; and they all produce
solutions that conduct electricity. Among these are benzalde¬
hyde and paraldehyde, both of which yield solutions that conduct
well. Benzonitrile, the coefficient of which, even according to
Traube, shows virtually no polymerization, yields solutions that
conduct very well; and according to Werner gives normal molec¬
ular weights by the boiling point method. Further, ethyl
acetoacetate yields solutions that conduct very well; yet its
molecules are not polymerized. It will also be noted that all of
these solvents have relatively high dielectric constants. Solu¬
tions in nitrobenzene conduct; but according to Ramsay and
Shields its molecules are not polymerized. Traube, however,
gives a value of 1.47 for the coefficient of association of this sub¬
stance. Of the organic bases quinoline yields solutions that
conduct and shows the lowest degree of association of any of the
solvents. Pyridine dissolves a large number of salts, and yields
solutions that conduct; yet its molecules are not polymerized.
It will be seen that the group of solvents whose coefficients of
association are between 1 and 1.08 inclusive, thus indicating a
slight degree of polymerization, yield solutions that conduct
slightly, and Ramsay and Shields regard most of these as non-
polymerized liquids. Aniline yields solutions that conduct, par¬
ticularly solutions of AgN03. Acetophenone solutions do not
conduct very well; and those in piperidine conduct poorly ; while
phosphorus trichloride and carbon disulphide, whose molecules
are slightly polymerized, do not yield solutions that conduct.
The molecular conductivity of solutions of different solvents is
not commensurate with the degree of polymerization of their
molecules. This has already been pointed out in the case of
methyl alcohol and water as well as propyl and methyl alcohols.
The value of ^ depends, however, to a great extent upon the
salts chosen: — for example, the molecular conductivity of Cdl3
is virtually constant (11.7) in acetone, and in propionitrile it
is 19.2, at dilution 512; while the conductivity of AgN03 is 30
in ethyl alcohol at dilution 41,000 liters, and 159 in acetonitrile
at 1,141 liters.

Theoretical Discussion.

449

The coefficients of association as determined by Ramsay and
Shields have been employed in preference to those by Traube 1
because the method of the former has a better theoretical basis,
and the results are more in accord with those of other investi¬
gators. Traube gives for the value of the coefficient of asso¬
ciation for benzene 1.18, for toluene 1.08, ethylene chloride
1.46; and not any of these solvents yield solutions that con¬
duct. Then he gives values for the esters that are very much
in excess of the determinations of other investigators, whereas
the values for the alcohols are very much less. For example,
for methyl alcohol he gives as the coefficient of association 1.79;
for ethyl alcohol 1.67 ; for propyl alcohol 1.55; for allyl alcohol
1.53, and for water 3.06. (Compare with the values given in
Table I.)

Many compounds, whose molecules are polymerized, yield so¬
lutions that conduct, and there are solvents whose molecules
are supposed to be polymerized that do not yield solutions that
conduct; and if Traube’s results be taken, a large number of
examples could be given in addition to those cited above. It
has also been pointed out that there are a considerable number
of solvents, whose molecules are apparently not polymerized,
yet whose solutions conduct well, —for example, benzonitile
ethyl acetoacetate, etc.

From the considerations presented in the preceding, it ap¬
pears that the theory as promulgated by Dutoit and Friderich,
that only polymerized solvents yield solutions that conduct, is
untenable.

Sometime before Dutoit and Friderich published their conclu¬
sions, Crompton2 assigned a wider role to the associative prop¬
erty of liquids. He presents the view, that by means of this
theory of association the anomalous results obtained, in the
case of certain dissolved substances, electrolytes, by the boiling
point, freezing point, and osmotic pressure determinations, can
be easily explained; and aims to show that the electrolytic dis¬
sociation theory is not only unnecessary but in many respects

1 Ber. chem. Ges. Berlin , 30, 273-4; 1897.

2 Jour. Chem. Soc., 71, ii, 925; 1897.

450 Lincoln — Electrical Conductivity .

inadequate. As has been previously noticed, Nercst 1 calls at¬
tention to the fact that solvents which have a high specific in¬
ductive capacity yield solutions that conduct; and he argues
that the greater the dielectric constant, the greater is its power
of dissociation. It has been pointed out above that no propor¬
tionality exists between the values of the dielectric constants of
solvents and the molecular conductivity of their solutions.
Crompton calls attention to the connection between the specific
inductive capacity and the degree of association of solvents.
This parallelism has also been pointed out by Abegg2 3 who fur¬
ther observes that nitrobenzene, ethyl nitrate, and benzonitrile
all have high dielectric constants ; yet their association factor is
unity. This, he thinks, fulfills the primary conditions of a
self-dissociating substance. Crompton further states: “It is
almost impossible to doubt that association plays an ail-import¬
ant part in determining the value of the specific inductive ca¬
pacity of a liquid, and that if there is any connection between
the specific inductive capacity and the power of forming elec¬
trolytes, it may be looked for rather in the fact that electrolytes
are solutions of approximately monomolecular salts in an asso¬
ciated solvent, than in there being any peculiar ; dissociative
power5 attached to the solvent.” From the experimental re¬
sults given above it appears that it is a fact, that all solvents
that yield solutions which conduct are not associated liquids.

Crompton further aims to explain the conductivity of fused
salts upon the dissociation of the associated molecules of the
fused salt, wherein a small proportion of the salt is in the
monomolecular condition. Abegg, however, shows that in many
cases the melted salt has a higher dielectric constant than its
“ice, ” — for example water 78, ice 2.85; 3 and that in these fused
salts the self-ionization or self-dissociation is very slight. He
states that in about 100 liters of fused AgCl there is about one
gram-molecule of AgCl completely aissqciated. Kohlrausch 4 has
shown that in about eleven million liters of water there is one

1 Loc. cit.

2 Zeit. Electrochemie , 5, 48; 1899.

3 Thwing.

4 Wied. Ann., 53, 209; 1894.

Conclusion .

451

gram of hydrogen ions; while in methyl alcohol Carrara1 found
one gram-molecule of methyl alcohol dissociated in about iive
and a half million liters. If water and methyl alcohol manifest,
such great dissociative power upon salts dissolved in them,,
why is it that they do not dissociate their own molecules to a,
greater extent?

CONCLUSION.

From the foregoing the following general statements may be
made:

1. In methyl and ethyl alcoholic solutions limiting values for
fi can usually be obtained. The salts of the heavy metals are
apparently exceptions. In other solvents a limiting value is
very seldom obtained.

2. Neither the dilution law of Ostwald nor that of Rudolph!
holds in the case of alcoholic solutions. In other solvents
(since the conductivity remains virtually constant in some
cases with tlm increased dilution, wThile in other cases it de¬
creases), it is very apparent that the above named laws do not
hold. Then, too, since the value of ^ cannot be obtained in
the case of so many solvents, the validity of the dilution laws,
could' not be tested.

3. The degrees of dissociation of the dissolved substances in
non-aqueous solutions, as calculated from the boiling point or
cryscopic determinations and from the conductivity measure¬
ments, show very great disagreement. No such agreement ie
manifest as is observed in the case of aqueous solutions.

4. Solvents that have a high dielectric constant, yield solu¬
tions that conduct the best. Some solvents, the dielectric con¬
stants of which are very low, give poorly conducting solutions.
The molecular conductivity is not, however, proportional to'
the dielectric constant of the solvent.

5. Some associated solvents yield solutions that conduct
electricity, whereas others do not. Some solvents whose mole¬
cules are not polymerized yield conducting solutions. The

1 Gazz, Ohem. Ital., 27, 1, 422; 1897; (Ref.) Jour. Chem. Soe ., 72. ii„
473; 1897.

452

Lincoln — Electrical Conductivity.

value of [a in those solutions that conduct, is not commensurate
with the degree of association of the solvent.

6. The molecular conductivity, in general, increases with the
dilution; but in several cases the conductivity decreases with
the successive dilutions.

7. The molecular conductivity usually increases with the tem¬
perature; but not proportionately. In some cases it remains
virtually constant with increase of temperature, while in others
it decreases. The changes in viscosity accompanying a varying
temperature have not been determined.

8. The conductivity of electrolytes depends very much upon
the nature of the solvent employed. No rigid classification can
be made; but, in general, solutions in the hydrocarbons and
their halogen substitution products do not conduct. Alcoholic
solutions conduct well and the conductivity, in general, de¬
creases with the increase of the carbon content. Solutions in
esters conduct, but those of high carbon content usually yield
solutions that conduct very poorly. The ketones and the alde¬
hydes yield solutions that conduct well. Of the nitrogen com¬
pounds ammonium and ammonia substitution products, or
amines, conduct The nitriles of both the aliphatic and aro¬
matic series yield conducting solutions; and of the organic
bases, pyridine and quinoline come under this same category.

9. The dissociation theory as promulgated for the explanation
of the electrical conductivity of aqueous solutions, apparently
cannot be applied in its present form to explain the conduc¬
tivity in non-aqueous solutions. It further appears that the
auxiliary theories, which are based upon the specific inductive
capacity, the polymerization of the molecules, and the self¬
ionization of the solvent, are not sufficient to explain satisfac¬
torily the facts that have been accumulated. Notwithstanding the
work that has been done, the data at hand are as yet insufficient
for the formulation of a theory by means of which a satisfac¬
tory explanation can be given of the phenomenon of electrical
conductivity of solutions in general.

This investigation was made in the Laboratory of Physical
Chemistry of the University of Wisconsin. It was undertaken
at the suggestion of Professor Kahlenberg and carried on

Conclusion.

453

under his supervision. I am under many obligations to him
for his valuable suggestions and assistance and I take this
means of acknowledging the same.

A portion of the results of the earlier part of the work has
previously been published by Professor Kahlenberg and myself
jointly in a preliminary paper in the Journal of Physical
Chemistry 3^ 12, 1899. For the sake of completeness the re¬
sults have also been incorporated in the present article.

Madison , Wis., April, 1899.

THE INFLUENCE OF THE PRESENCE OF PURE METALS
UPON PLANTS.1

EDWIN BINGHAM COPELAND AND LOUIS KAHLENBERG.

Ever since- investigators began to grow plants in aqueous so¬
lutions, it has been a frequent observation that the distilled
water used was in itself more or less injurious. For instance,
Asehoff (13. 1890; 115), declares “pure” distilled water to be
poisonous for Phaseolus vulgaris; and Frank (13. 17, 535),
finds the water he uses to be injurious to Lupinus , though not
to corn and beans. These statements have called forth replies
from Loew (14), and Schulze (13. 20, 1891; 236), (the latter
without experimental proof), who maintained that really pure
water is harmless, and that contrary appearances are due to
impurities, such as salts of copper, lead, and zinc, absorbed dur¬
ing or after distillation.

Nageli’s (17) careful study of the subject was edited by
Cramer and published by Schwendener twelve years after the
author’s death. Nageli proved conclusively that water in it¬
self is harmless, but that various metals in solution in infinitesi¬
mal quantities are deadly. The presence of " insoluble ” sub¬
stances, such as carbon and platinum, is without effect. The
most destructive of all the metals that he tried was copper, one
part of which in a thousand million parts of water was ulti¬
mately fatal to Spirogyra. This dilution was so much greater
than that of ordinary toxic solutions as to convince Nageli that

1 A list of the authorities referred to in this paper, together with their
reference numbers, is given at p. 472 following. Each reference is indi¬
cated in the text by a reference number; and where a particular page of the
authority is referred to, the number of the page is also given in the text,
following the reference number.

Metals and Plants.

455

the injury done the plant was of a different nature from ordi¬
nary poisoning, and he proposed for the new phenomena the
name of “Oligodynamic effects”. His idea seemed to be, that
from metallic copper minutest particles pass into solution, and
that these particles kill the plants by a different action from
that of toxic copper salts — perhaps by physical rather than
chemical means.1 The phenomena of death of Spirogyra by
oligodynamic action are, as should be expected, different from
those when death is caused by much more concentrated copper,
introduced as a salt.

The facts in .Niigeli’s paper are final. But his theoretical ex¬
planation appears to us improbable and unnecessary, and this
paper is a partial explanation of our disbelief.

Every metal in contact with water and air is subject to some
change. It reacts with the oxygen and carbonic acid dissolved
in the water, or with the water itself, to form oxides, hydrox¬
ides, carbonates, basic carbonates, or acids, which in greater
or less degree pass into solution. When this chemical action is
sufficient for the effect to become visible, the metal is tarnished
or corroded ; and even gold and platinum lose their lustre.
From common observation and scientific research it is known
that many of the salts which form under such conditions are
poisonous. Now, since the conditions are present under which
salts form, and since the salts are known to be toxic, and since
any kind of solutions of metals in the metallic state is unknown
to the chemist, it is & priori reasonable to suppose that the in¬
jury which a plant suffers in water in the presence of a metal,
is due to the salts of the metal, just as much as if the salts, and
not the metal, were introduced directty into the water.

The injury to the plant will depend largely upon two factors:

1. The tendency of the metal to get into solution as a compo¬
nent of chemical compounds — which we shall designate loosely
as salts.

1 This seems to us to be a fair statement of the tenor of Nageli’s work,
and is the conclusion commonly drawn from him. Cf. Frank and Kruger
(5), though Nageli does express the belief that the metals dissolve as hy¬
droxides, or carbonates. The presence at some time of the metal itself is
repeatedly emphasized as necessary to produce oligodynamic effects.

456 Copeland and Kahlenberg ,

2. The specific toxicity of the metal when in solution in form
of such salts.

There is another possible factor — (3) the nature of the com¬
bination formed. But it is not probable that this has made any
difference in any of our experiments, except in the case of mag¬
nesium, which decomposes water and makes a solution so alkaline
that the concentration of OH ions must be fatal. The rapidity
of diffusion of the solution is still another factor when the plants
and the metals are separated in the water, and the solution is
not disturbed: in the cases of iodine, arsenic, and copper (Table
IV, copper wire) this was apparent.

Preliminary experiments were made upon Lupinus luteus and
Zea Metis, without equal areas of metal or equal volumes of
water. As more accurate work was afterward done with Lupi¬
nus albus , the experiment with L. luteus is not reported. The
remaining experiments were performed in uniform glass beakers
of 200 c.c. capacity, which were coated with paraffine to re¬
move even the suspicion that the glass had influenced the re¬
sults. As many of the metals as were available in the form of
foil, or as could be rolled, were used in that form; and pieces
were cut out for use 57 by 34 mm., exposing an area of 3,876
sq. mm. These pieces were bent so as to stand on edge on the
bottom of the beaker. Zinc wire was rolled flat and bent into
a coil having the same area as the other metals, and reaching
about the same height from the bottom of the beaker. A mag¬
nesium coil was used in the same way. Antimony and bismuth
were used as sticks, of which enough were used to have the de¬
sired area; and these were tied so as to stand about as high as
the other metals in the water. All of these metals then offered
equal surfaces to the action of the water at practically the same
distance from the roots. Roll sulphur and carbon (in the form
of a plate cut from conducting carbon such as is used in bat¬
teries), though not metals, were experimented with under the
same conditions. Mercury could not be employed except as a
layer on the bottom of the beaker, whose surface exposed to the
water was about 2,000 sq. mm. Arsenic and iodine were used
as a coat of flakes over the bottom of the beaker, but the sur¬
face actually exposed to the water was of course much greater

Metals and Plants .

457

than the area of glass that was covered. The last nine elements
in the tables were available only as samples, of various size, and
were put into smaller beakers, each receiving only one plant.

The metals we used were all of them of the best C. P.
varieties of standard makes. Any impurity would not only in¬
validate the results directly, but might also create a miniature
battery, which, even if the current itself did not influence the
plants, would certainly, by so-called local action, hasten the
corrosion of the metals. Before using, the metals were scoured
with emery cloth or sea sand and washed clean, and then intro¬
duced into the beakers without being touched with the hands.

The water used was distilled from tap water, and may have
contained carbonic acid and a trace of ammonia. The entire
distilling apparatus was of glass, and the water obtained the
first few hours was thrown away, as likely to contain the most
of whatever could be dissolved from the glass.

The seedlings used were average plants, selected in every
case from a large number; and, except in the second experiment
with Lupinus albus , they were very uniform in all respects.
At the beginning of the experiment a mark was made with
India ink 10 mm. from the apex of the root. The numbers in
the columns headed “Growth” in the tables, express the excess
in length of these apical zones over the original 10 mm. The
last change observed in the length of the roots was sometimes
a contraction, which showed that the growing region, previously
stretched by the turgor, was dead. When the tables do not
show this contraction, it may be because the measurements
were not timed right; or possibly because the plants as they
died grew up to the limit of their stretching. The plants were
kept in approximate darkness, but not in an excessively damp
atmosphere.

458

Copeland and Kahleriberg.

Table I.

Preliminary experiment.

Zeo Mais. Nov. 15, 5 P. M. Radicles 1.5-2 cm. long.

GROWTH IN MM.

Metal.

Abba.

Nov. 17.

Nov. 19.

Nov. 22.

5 P. M.

2 P. M.

11 A. M.

Cu .

550 sq. cm.

0

Tip green; shrunken,

brown above.

Ni .

550

0

Tip greenish ; some

what shrunken above.

Sn .

550

25

50.

70.

Ag .

200

0

Dirty.

Brownish.

Pt .

75

10

20.

Curled up.

Au .

98

18

25.

40.

Hg .

19

6

9.

Coiled tight.

Sb .

92

20

30.

40, dirty.

Bi . . .

114

5

5.

Brownish.

Co .

69

0

Collapsed, flaccid,

tawny.

Cd .

33

0

Tip reddish-brown.

Fe .

195

5

5.

Rust-brown .

Zn .

40

0

Brown, with purplish

tinge .

A1 .

160

10

20.

35.

Pb .

47

0

Dirty and gla ssy look

ing.

Control .

i .

20

40.

70.

The silver and platinum were probably impure, and such a
growth in the presence of antimony was not found again in any
later experiment.

Metals and Plants .

459

Table II.

Lupinus albus. Nov. 26, 3 P. M. Roots 3-4 cm. long. Two plants in

each beaker.

GROWTH IN MM.

Metal.

Nov. 26.

Nov. 27.

Nov

. 28.

Nov. 29.

Nov. 30.

Dec. 3.

Dec. 7.

10

P. M.

9:30

A. M.

4 P. M.

9:40

A. M.

4 P. M.

9:30

A. M.

9:30

A. M.

9:30

A. M.

9:30

A. M.

Au . . .

9

14

17.5

26

29

41

51*

70.5

78

Pt..... .

9.5

16

21

30.5

36

50

67.5*

87.5

94

Pd .

8

15

18.5

25

26.5

36

50.5*

74

79

Ag .

9

17

20

26

30

40

53*

81

88.5

A1 .

9.5

17

20

23.5

25

32

42*

81.5

71

rin

6

6.5

6.7

6.0

Ni .

7

13.5

15.5

24

26.5

32

33

33

5

7.5

7.5

6.0

Sn . . . . .

8

14.5

16.5

23.5

28

38.5

52*

69

75.5

Fe .

5.5

9

9

12 5

13.5

16

16.5

16.5

rid

0

7

7

6

T1

5

5.5

5.7

5.7

Ph

6.5

9

10

9.5

Zn

7

11

13

12.5

M g

6.5

11

12

18

17

16.2

Sh.

6.5

8

8.5

9.3

9.5

9.3

Bi .

6

12

13

19

20.5

31.5

57*

104

123

S .

5.5

10

11.5

17.5

19.5

28.5

44.5*

58.5

66.5

c .

5

9.5

11

19.5

22.5

39

60.5*

83.5

98

Control, H2O...

7.5

10

12.5

18

19.5

26*

35

49.5

53

Hg .

8.5

18

18

25

27

29.5

31.5*

40

42.5

As„. . .

5.5

6.3

7

7

I..

7

13

16

22.5

24.5

31.5

33.5

33.5

Started at 5 p. m.

Eu ("Powder) ....

5

7

7.7

10.3

12

20

29

40

42

Mn (Lumps)....

4

7

8

10

11

12.7

13.5

17

18.2

Clr (Lumps) .

4.5

10

13

21

24.5

40

55

71

76

In (Lumps) .

4.5

11

14

23

27.5

43.5

65*

94

98

W (Pnwdpr)

2.7

4

4.5

4.5

Te (Sticks) .

5.5

11.5

15

24.5

29

46

57

61

61

-Se (Sticks) .. ..

4.5

11

15

28

34

57

82*

121

122.5

B (Powder)., _

5

12

15

21.5

24.5

30

37*

59

Broken

"Rh (Lumps)....

6

15

17.5

26

28.5

45

65*

86

92

30

460

Copeland and Kahleriberg.

The asterisk * marks the time when the development of lateral roots
first seemed likely to affect the growth of the tap root.

The appearance of the dead roots, exposed to various metals, November
30, was as follows:

Cu — the dark greenish- brown of Rookwood pottery.

Ni — white.

Co — brown, reddish or bluish in spots.

Fe — not very dark brown. Stubby lateral roots appeared after the main
root tip died; these, too, were short lived. The root was covered early in
the experiment with a brownish coat of “ iron rust.”

Cd — brown; entirely collapsed above.

T1 — light brownish; flaccid.

Zn— slightly discolored; lateral roots as with Fe.

Sb — brownish-yellow.

Mg — irregular brown blotches nearly covering light colored field; flaccid.

As — slightly discolored, flaccid; immersed hypocotyl-like root.

I— tip red-brown; little discolored above, and inclined to form stunted
lateral roots there. The tip became almost blue as the iodine diffused
upward, and killed the rest of the root and stained it red.

W — drab, flaccid; hypocotyl brown.

Hg — one plant dead, with root white.

There were seven control plants in four beakers, and only
one of these showed any considerable divergence (an excess)
from the average given in the table. They were the first to
develop lateral roots, which depressed the growth of the tap
root a little; but the platinum, carbon, and gold cultures soon
passed them in this respect. A very long tap root does not
necessarily indicate thrifty growth and is frequently a symp¬
tom of disease. The lower part of the tap roots of the bis¬
muth, chromium, indium, selenium, tellurium, and surviving
mercury plants shot out as long, branchless whips, which for
a time furnished formidable figures for the table, but were
obviously abnormal and likely to result in death. The plant
grown with tellurium died abruptly at the end of such a
growth, and the selenium plant had probably reached its limit
by the last measurement. On the other hand, the tap root of
the ruthenium plant became stunted and at the end of the ex¬
periment was being passed by two very slender lateral
branches. The root of the manganese plant was stained pale
yellow and cracked to let out numerous lateral roots, which

Metals and' Plants.

461

grew just enough to show their tips, after the fashion of the
iron plant.

As to the condition of the metals themselves at the end of
the experiment, there was no visible change in the gold, plat¬
inum, palladium, silver, nickel, tin, antimony, (sulphur, car¬
bon), rhodium, chromium, indium, tellurium, (selenium), and
ruthenium, tungsten, and boron, — the last three being in form
of powder. The aluminum was not quite as bright as at first;
the copper, of a little darker hue; the cobalt, tarnished olive
green. The solution containing iron was brownish yellow,
and contained a yellow precipitate — in part probably basic
carbonate of iron, — with which the metal was thickly coated.
The cadmium was badly corroded, the discoloration being
very likely due to basic carbonate. Thallium was also cor¬
roded, of a blurred grayish appearance; the solution acquired
a very pale lavender tint, but contained no precipitate. Zinc
was badly discolored, by its basic carbonate. Magnesium was
much discolored; there were hydrogen bubbles on the metal,
and the sides of the beaker, and the alkalinity of the water
was equal to 0.0075 Normal. According to Kahlenberg and
True (9. P. 95) a concentration of 0.005 N. of hydroxyl ions is
about sufficient to kill in twenty-four hours. The water in
which lead had been placed contained a very copious precipi¬
tate of basic carbonate of lead, which covered the bottom of
the beaker and coated the metal. The change in the sticks of
bismuth was slight, the lustre having acquired an olive tint.
The mercury surface was somewhat tarnished. The water con¬
taining sulphur showed a trace of sulphuric acid with the
barium chloride test, but the free acid was only equal to
0.15 c.c. N. per liter. Iodine colored the water the character¬
istic shade, and diffused upward slowly, staining the paraffine
on the wall of the beaker as it went. Manganese became
covered with a brown precipitate — probably oxyhydrate of
manganese, — which was also deposited on the bottom of the
beaker. After a time white flakes on the arsenic betrayed the
formation of arsenious oxide.

462

Copeland and Kahlenberg.

Table III.

Lupinus albus. Dec. 22, 3 P. M. Same conditions, except that the tcon-
trol plants, four in number, were selected seedlings, likely to exceed
the average growth, under the same conditions.

GROWTH IN MM.

Metals.

Dec. 23.

Dec. 24.

Dec. 26.

Dec. 29.

Dec. 31.

Control .

6.5

15.5

37*

52

54

Au .

7

15

34

48.5*

49

Pt .

11

18

34

39.5*

42

Pt Cl-t-trace .

5

10

29*

41

42.5

Pt Cl 4 -faint trace . . .

6.5

10

30.5

48*

51

Pd .

9.5

13.5

32

41.5*

42.5

Pd (NO3) 4 -trace ...

1

1

Ag .

10

13

29*

44.5

48

A1 . .

7

11.5

34.5

60*

66

Cu .

11

11

0-10

0-17

0-20

0-20

Cu wire, 1cm .

5-6

10-12

33-35

38-55

38-56.5

Ni ..... . .

5.5

10

19 (dead)

29.5*

30.5

Co, tt .

8.5

8.5

Sn .

3

7 (dead)

15

22*

25

Fe . . .

3

4.5

40

Cd . . .

4

3.8

T1 .

2

2

ivory white

except at tip

Pb .

2

7 (dead)

15.5

15

Pb C03 .

2

2

Zn .

6

6

Mg .

2.5

2.5

Sb .

7

10

11.5

11.5 yellow

Bi.... .

3.5

9

14.5

40*

42.5

C .

14

22

46*

79

85

Hg.... .

7

10

22

32

32.5

Ru .

6

16.5

44

59*

59.5

Mn . .

6

8

11

15

14.7

Rh .

5

11

24*

34

37

Cr . . .

8

14

29

38.5*

38.5

In .

4

9

38

59

64

W .

5

18

40

42*

42

Te .

7

15

31

35

35

Se .

5

13.5

31

46*

50.5

B .

9

23

77

139*

14

*

The asterisk * marks the time when the development of lateral roots
first seemed likely to affect the growth of the tap root.

Metals and Plants.

468

The most interesting point shown by this table is the growth
of the copper and cobalt cultures during the first day, before the
solution reached a fatal concentration. Platinic chloride and
palladium nitrate were put into the water in unmeasured traces,
to see if they would act as stimulants; but no such effects re¬
sulted. One of the plants in the presence of metallic lead was.
too vigorous to be killed by the concentration of lead ions present
during the first three days, and grew in the whip-like form ob¬
served before in some toxic but not fatal solutions. A spoon¬
ful of carbonate of lead in a beaker of water dissolved enough
to be deadly during the first day. Tungsten induced a similar
brief growth in length, without branches unless at the very
base, in this experiment; as did also selenium, indium, and
boron; the last one (boron) produced a monstrosity. It would
be needless to repeat here the observations on the_ roots and
metals already given under experiment II.

The influence of the area of exposed metal upon the time re¬
quired for a solution to become deadly, is shown by coating
with paraffin all but certain a measured length of submerged cop¬
per wire. The first figure in each couple in the table repre¬
sents a root near the wire, the other being relatively far from
it. The influence of the area of exposed metal was tested at
another time with similar results shown in the following table,
the plant being the same, Lupinus albus , beginning Decem¬
ber 6.

GROWTH IN MM,

Dec. 7.

Dec. 8.

Dec. 9.

Dec. 10.

Dec. 15.

Dec. 17.

Control ...........

6.7 mm.

13

24

26*

49.5

51

1 cm. cu. wire. ....

4.7

10.5

19.5

28.5

57.5

57

5 cm. cu. wire. ....

4.5

7.7

9

8.7

Brown .

The plants in pure water were distinguished from those
grown with 1 cm. of wire exposed, by their copious develop¬
ment of lateral roots more than by the slight difference in color.

464

Copeland and Kahlenberg.

Table IV.

Avena saliva. Dec. 8, 3 P. M. Conditions as in Table II. Not more
than three roots on a seedling: the longest root — between 30 and 35
mm. in length, — used for the measurements.

GROWTH IN MM.

Metal.

Dec. 9.

Dec. 10.

Dec. 11.

Dec.

13.

Dec. 15.

Dec.

19.

Root.

Shoot.

Root.

Shoot.

Control .

8

17

29

47

81

61

64

120

Au .

12

20

31

52

82

70

73

130

Pt .

11

29

37.5

59

95 —

one pi a

nt lost.

Pd .

12.5

21.5

29

42

77

47.5

48.5

120

Ag . . .

4

6.5

7.5

10.5

50

11.5

11.5

52

(ldead.)

A1 .

6

15.5

15.7

19.5

70

21.5

21

90

Cu .

1

1 —

Nearly

white ;

after

ward gr

eenish.

Ni .

14.5

27

40.5

67

65 — 1

plant

lost.

Co .

3

3

Pale

50

80

brown.

Sn . . .

14

27.5

38

65

82

68

69

115

Fe .

3

3.5

4

5

73

5

95

Cd .

1.5

1.5

48

85

T1 . .

2.3

2.0

25

Ph

2.8

4

4

30

30

Zn .

1

1

65

85

Mg...

1.5

1.5

Dis-

65

80

col’ red.

Sb .

4.5

8

9.7

11.5

55

12

12

70

Bi .

11

16

18.5

22

41

22.5

22.5

55

S .

17

27.5

38.5

39

95

39.5

39

125

C .

J5

26

36

55.5

97

68.5

73

135

Hg .

8.5

16.5

26

49

65

63

72

120

As

1

1

20

I

1

1

37

Ru. .

10

11.5

14

14.5

40

14.5

80

Mn .

10

17

18

19.7

55

20

20

80

Rh .

5.5

10.5

14

37

90

46.3

46.5

110

Cr .

7

10

11.5

13

67

13.3

13.3

100

In .

15

30

36.5

41

90

41

40.5

120

W

5.5

6.3

6.3

60

45

Te .

15

30

38

40

70

40

100

Se . . .

8

15

20

35

70

62

88

110

B .

1 6'5

18

22

35

90

54

62

160

Metals and Plants.

465

The shoot was measured to the tip of the longest leaf. The
roots of the oat were less inclined to become discolored than
those of the lupine. Roots dead under the influence of silver,
thallium, zinc, lead, antimony, and bismuth were white; and
cobalt and cadmium only gave them a dirty appearance. Man¬
ganese colored them yellowish, and tellurium pale brown. The
alkalinity caused by magnesium was equal to 4.2 c.c. N. per
liter; by zinc, to 0.05 c. c. N. per liter. In its general and most
striking features, this table is like those given for Lupmus.

* Table V.

Soja hispida. Dec. 19, 2 P. M. Part of same vessels
and metals as in experiment II.

GROWTH IN MM.

Metals.

Dec. 20.

Dec. 21.

Control .

9.5

14

Au .

9

13

Pt . .

6

9

Ag .

5

5

Brownish.

A1 .

6

10

Cu .

0.5

0.5

Greenish-brown.

Ni .

11

16

Co .

0.5

0.5

Discolored, flaccid.

Fe .

1.5

4.5

Cd .

0.5

0.5

Flaccid, tip yellowish.

T1 .

0.5

0.5

Glassy.

Pb .

1.5

1.5

Zn .

0.5

0.5

Yellowish.

Hg .

5.0

5 0

The seedlings were not as uniform nor robust as was desir¬
able, and the experiment is reported only to show that the same
metals that killed Lupinus kill Soja: in addition to these, sil¬
ver and mercury seem to have been deadly.

466

Copeland and Kalileriberg.

The elements wjiose presence in the water where plants grow
has been shown to be always fatal, are thallium, cadmium, cop¬
per, cobalt, zinc, lead, iron, antimony, magnesium, arsenic, io¬
dine, tungsten, and tellurium. Mercury and silver seem to
kill the Soja bean. It is not necessary, and might not be possi¬
ble, to demonstrate by chemical tests the presence of all of these
substances in the roots they have killed. They had to be in the
roots, where they could attack the protoplasm of each ceil, be¬
fore they could kill it. And in some instances the dead root’s
appearance shows the presence of salts of the metal that killed
it. Thus, roots killed by copper or -nickel, or iron or cobalt
show colors characteristic of salts of these metals, while those
killed by zinc, lead, thallium, and arsenic are at the darkest not
more discolored than they would be if killed by heat. The ap¬
pearance of the root or of the metal, or of both, betrayed the
presence of salts of every metal that was uniformly harmful.

What literature there is bearing upon this question harmon¬
izes with our results as to the comparative toxicity of the dif¬
ferent elements: and as all other determinations, while agreeing
with ours, have been made with the salts of the metals, we
have in them still further support for the idea, that it is in or¬
dinary compounds, and not in any modification of the metallic
form, that the metals in our experiments attack the roots. And
this being so, we see absolutely no difference between this and
any other ordinary case of poisoning.

On the first factor in determining the injury a metal can do —
its tendency to get into solution- — , we introduce from a table
by Neumann (18. p. 229) the following sequence of basic ele¬
ments, arranged according to their solution tensions, as deter¬
mined by the differences in potential existing between the met¬
als and normal solutions of their salts: magnesium, aluminum,
manganese, zinc, cadmium, thallium, iron, cobalt, nickel, lead,
hydrogen, bismuth, arsenic, antimony, tin, copper, mercury, sil¬
ver, palladium, platinum, gold. Down to mercury, all of these
elements except aluminum and tin and possibly magnesium, are
injurious, and, excepting further manganese and bismuth, fatal
during the time of experiment. Mercury and silver were some¬
times injurious; palladium, platinum, and gold, apparently never

Metals and Plants.

467'

so. The salts of the elements standing high in the above series
which did not kill our plants are, so far as known, compara¬
tively harmless. On the whole, this series is strikingly simi¬
lar to the one we would make from the effects upon plants.

On the second factor — the toxicity of the salts of the sev¬
eral elements — there is considerable more or less instructive
but scattered literature. On platinum and gold the only infor¬
mation we have found, is a statement by Knop (10. Ref.) that
PtCl4 and AuC13 are injurious to plants, without being de¬
monstrable in the ash; which indicates that they are extremely
poisonous. The same statement is made with regard to Ag2 O.
Kahlenberg and True (9. p. 104) find the salts of silver to be-

the deadliest they used,

N

• being about a sufficient concen-

409,000

tration to kill lupines in one day. According to Paul and
N

Kroenig(20), of silver salts is necessary to kill nearly all

bacteria in a culture in 10 h. 30 m. The same authors find gold
more toxic than copper, but do not call platinum very injur¬
ious. Kahlenberg and True state that lupines will just live in
N

12 800 Cl2: but Heald (8) places the limit of endurance for
N

Fisum sativum at — — — — : and Paul and Kroenig for bacteria,
204,800’ 6 *

and Stevens (27) for fungus spores, agree that mercuric salts
are among the most poisonous known. Other experiments with
palladium are not known, but our own merely qualitative one
(Table III) showed that its salts are very poisonous. Among
these first five metals of our tables, then, are those whose salts
are the most deadly known; and yet, because of their resistance
to corrosion, their presence in the free, native state caused lit¬
tle or no injury.

From the appearance of the metal and from its position in
Neumann’s table, it is probable that considerable aluminum
went into solution; and from its not hurting the plants, we con¬
clude that it is not very poisonous. This conclusion is con¬
firmed by Molisch (16) who applied alumium sulphate in con¬
siderable quantities to pots of Hortensia without very great in-

468

Copeland and Kahleriberg.

jury, and found alum entirely harmless. Aluminum is nearly
always present in Lycopodium , and is an occasional constituent
of many flowering plants: according to G-aze (6), Al2 Os makes
up 0.3259 per cent, of the dry weight of Hydrastis roots.

The poisonous character of salts of copper is universally rec¬
ognized, and makes itself apparent whenever any salt which
dissociates to form copper ions, enters the plant through the
leaves (when it is used as a fungicide) or from the ground.
Molisch (16) finds the sulphates of nickel, cobalt, zinc, and cop¬
per to be poisonous. Tschirch (29) holds that copper is not a
poison, but that its salts are corrosive and therefore injurious ;
if his view is correct, it must be the salts that are effective
in our experiments, but we would not like to rely upon this
proof. According to Gunther (7. Ref,) copper acts upon fungi as
a stimulant when very dilute; when not so dilute, as a poison.
The concentration of copper salts (dissociated) necessary to kill
Lupinus in twenty-four hours according to Kahlenberg and

N

True (9. p. 96), is gg-^.
are fatal at a concentration of

On the same authority nickel salts
N

and cobalt salts at the

25,600’

same point. Phillips (23) quotes Frey tag to the effect that
nickel has about three-fifths of the toxic power of cobalt. Other
authority makes the difference greater; thus Heald gives

N

Moo

Co S04 and

N

51,200

Ni S04 as solutions just permitting the

growth of Zea Mais , and Richards (25. p. 686) finds the most
favorable concentration for the vegetable development of Asper¬
gillus niger to be 0.002 per cent. Co S04 or 0.033 per cent.
Ni S04; their toxicity is probably in the same proportion, and
the per cent, data are comparable because nickel and cobalt
have about the same atomic weight. Our results agree with
those of Richards, that cobalt is decidedly more poisonous than
nickel.

The influence of iron upon plants depends upon whether it
occurs in solution as a crystalloid or as a colloid substance. In
our experiments enough iron dissolved to discolor the solution,
but it was probably in large part colloidal. That it didnotdif-

Metals and Plants.

469

fuse readily in to the interior of the roots, is shown by their
staying alive and attempting to form lateral branches; as was
noticed again in the case of manganese. In minute quantities
iron is a necessary plant food. Ferrous salts may be injurious
chiefly by their reducing action. Richards finds Fe S04 in ap¬
propriate dilution to act as a stimulant upon aspergillus. Kah-
lenberg and True place the concentration at which Fe ions exert

N

a fatal influence at less than —

The same authors give the greatest concentration at which

lupines can endure cadmium salts as

N

204,800 showinS that these
salts are exceedingly toxic. Guenther finds cadmium more
poisonous than zinc for fungi. Blake (1) from experiments
upon animals cites cadmium and thallium as typical elements
of high atomic weight and intense physiological action. Knop
finds thallium, like gold and silver, deadly without being
demonstrable in the ash. Both thallium and cadmium made
short work of our plants.

The literature upon zinc as a poison is very extensive, but
wanting in quantitative data. Knop (11) attempted to sub¬
stitute it for calcium, and found it injurious when present as a
trace in the roots. Molisch and Gunther agree that it is
poisonous. Nobbe, Baeseler, and Will (19) find it more pois¬
onous than lead but less so than arsenic (as arsenite). Kranch
(12. p. 282) finds it injurious in minute quantity in water
cultures, but less so in the ground, which experiment would
undoubtedly show to be true of other poisons. At a sufficient
dilution it acts as a stimulant. The toxicity of lead is likewise
generally recognized, but without there having been any
quantitative determinations it is probably less intense than
that of many other metals.

We know no previous work upon the effect of antimony upon
plants, but its salts have a more intense action in animal
physiology than do those of bismuth. Bismuthyl phosphate is
not immediately fatal to corn (10. Ref.).

While magnesium is a necessary food of all plants, it is not
improbable that it may under some conditions act as a poison.

470

Copeland and Kalilenberg.

In our exper iments, however, the injury to the roots was more
likely to be due to the alkalinity than directly to the magnes¬
ium. The action of sulphur upon plants depends entirely upon
the chemical combination in which it is present : sulphates are
essential food, while sulphites and sulphides (usually, at least)
are poisonous.

According to Remsen, arsenic is not poisonous in the ele¬
mentary state, but becomes so when oxidized. And the violence
of the toxicity depends further upon the degree of oxidation.
Working with arsenites, Phillips (23) concludes that arsenic is
more toxic than copper, and Nobbe, Baeseler, and Will (19),
find that it surpasses zinc. On the other hand, working with
arsenates Blake (1) finds that the toxicity depends upon the
basic ion. Low (15) states that algae grow in 1 per cent,
potassium arsenate: and Bouilhac (3) goes so far as to maintain
that arsenates may replace phosphates in the nutrition of var¬
ious green and blue-green algae. This is denied by Stockiasa
(28. Ref.) who places the concentration injurious to plants at
N. N.

As203 and 1 AnA- As2Q5. Knop (10. Ref.) pronounces

100,000 ' d 1,000
arsenates harmless toward mature phanerogams.

Manganese is injurious in the concentration used by Molisch
(16) but it has been detected in the ash of a great number of
plants. According to Spampani (26) while not a substitute for
iron, it will postpone chlorosis. It is difficult to draw con¬
clusions from Stevens’ work (27) since in one table (p. 399) he
rates the toxicity of KMn04 above that of potassium cyanide,
sulphuric acid, or caustic potash, and in another (p. 401), de¬
clares that it is not poisonous. Stevens finds potassium chro¬
mate somewhat injurious to fungus spores, and potassium bichro¬
mate very much so. Knop (10. Ref.) agrees that chromic acid is
injurious, but says that chromium oxide is without effect. The
only statement with regard to tungsten is Knop ‘s, that " Phos¬
phor wolf ramsaure” is fatal without being demonstrable in the
ash. Cameron (4) regarded selenium as to some extent a sub¬
stitute for sulphur: but Knop (10. Ref.) and Bokorny (2)
agree that, while telluric acid is harmless, the salts of both
selenic and selenious acids are poisonous. Knop places boric

Metals and Plants.

471

acid among the poisons, and Peiigot (21) agrees with him.
Paul and Kroenig do not find it extremely toxic. Traces of boron
have been found in the ash of numerous plants.

It is likely that iodine alone among the substances we have
tested injures plants directly, acting in the elementary state as
the elementary halogens have been found before to attack
plants more violently than do their acids. But iodine is so dis¬
tinct from the metals in all respects that its behavior throws
no doubt on our views as to the mode of their action.

With the exception, because of their extreme resistance to
corrosion, of the first four or five metals in our table, we find
that just those metals poison plants when present in water
whose salts are already known to be toxic; which is the final
evidence in favor of our original view, that in our experiments —
and presumably in Nageli’s too — it is still strictly the salts act¬
ing in their ordinary, characteristic ways, which kill the plants.

It is a well recognized fact in animal physiology that the
phenomena of stimulation and of poisoning are very intimately
related, and the applicability of the same principle in plant
toxicology has been constantly forced upon us. The same thing
has been observed to apply to certain fungi by Raulin (24),
Pfeifer (22. Foot note, p. 233), and Richards (25) for manganese,
zinc, iron, cobalt and so on; and a statement of Risse in Sach’s
Experimental Plant-Physiology indicates that zinc sometimes
exerts a similar influence on phanergams. Frank and Krueger
(5) find that by proper application of copper a potato plant can
be stimulated to the production of sturdier leaves and more
chlorophyll, and to more active transpiration and assimilation,
and longer life. In our own experiments we have seen copper and
cobalt certainly, and boron, lead, and tungsten probably, exert
a stimulating influence in individual instances. And we have
found that, except when the control plants were selected as
especially thrifty, those that grew in the presence of gold and
platinum, which can have entered into solution only in the
most infinitisimal amounts, were uniformly of more vigorous
growth. The subject of chemical stimulants is a most inviting
one for further study.

University of Wisconsin , Madison, Wis., December, 1899.

472

Copeland and Kohlenberg.

LIST OF REFERENCES IN THE FOREGOING

PAPER.

1. Blake (J.). Relation of the chemical constitution of inorganic com¬

pounds to their physiological action.

Chemical News. 55, 1887; 110-111.

2. Bokorny (I'll.). Ueber die physiologische Wirkung der tellurigen

Saure.

Chem. Zeitung, 1893; p. 17. (Ref.) Just’s Bot. Jahresber,
1893, I; 289.

3. Boailhac (R.). Influence de P acide ars^nique sur la vdgdtation des

algues.

Comptes Rendus, 119,1894; 929.

4. Cameron (€.). Preliminary note on the absorption of selenium by

plants.

R. Dublin Soc. Sc. Proc., 1879; p. 221. (Ref.) Just’s Bot.
Jahresber, 1880, I; 324.

5. Frank (B.) and Krueger (F.). Ueber den Reiz welchen die Behand-

lung mit Kupfer auf die Kartoffelpflanze hervorbringt. — Vorl.
Mittheilung.

Ber. d. d. Bot. Ges., 12, 1894; 8.

6. Gaze (R.) Ueber den Aluminiumgehalt der Wurzel von Hydrastis

Canadensis.

Apoth. Zeitung, 5, 1890; 9. (Ref.) Just’s Bot. Jahresber.,
1890, I; 51.

7. Guenther (E.) Beitrag zur mineralischen Nahrung der Pilze.

Inaug. Diss., Erlangen., 1897. (Ref.) Bot. Centralb., 74;
194.

8. Heald (F. de F.) On the toxic effect of dilute solutions of acids and

salts upon plants.

Bot. Gaz. 22, 189G; 125.

Metals and Plants.

473

9. Kahlenberg (L.) and True (R. H.) On the toxic action of dissolved
salts and their electrolytic dissociation.

Bot. Gaz. 22, 1896; 81.

10. Knop (W.) Ueber die Aufnahme verschiedener Substanzen durch

die Pflanze, welche nicht zu den Nahrstoffen gehoren.

Ber. d. K. Sachs. Gesells. d. Wissens. zu Leipzig. Math.-
Phys. Klasse, 37, 1885; 39. Known only from Ref . — Just’s Bot.
Jahresber., 1886, I; 80.

11. Knop (W.) Agricultur-chemisc he Versuche, ausgefuhrt auf der Ver-

suchs-Station zu Mockern.

Landw. Versuchsst., I, 1859; 3.

12. Kraueli (C.) Leber Pflanzenvergiftungen.

Journal f. Landw., 30, 1882; 271.

13. Landwirthschaftlich.es Jahrbuch.

14. Loew (0.) Ueber die Giftwirkung de s liirte n Wasser s.

Landw. Jahrb. 20, 1891; 235.

15. Loew (0.) Sind Arsenverbindungen Gift fur pflanzlichen Proto -

plasma?

Archiv f. d. ges. Physiologie, 32, 111-113. (Ref.) Just’s Bot.
Jahresber., 1883, I; 42.

16. Molisch (H.) Der Einfluss des Bodens auf die Bluthenfarbe der Hor-

tensien.

Bot. Zeitung, 55, 1897; I, 49.

17. Naegeli (C.) Oligodynamische Wirkungen in lebenden Zellen.

Denksch. d.schweizerischen Naturf.-Gesellschaft, Bd. 33,1893.
(Ref.) Bot. Centralb. 55, 31, and Bot. Zeitung, 1893; p. 337.

18. Neumann. Ueber das Potential des Wasserstoffs und einiger Metalle*

Zeits. f. physik. Chemie, 14, 1894; 193.

19. Nobbe (F.), Baeseler (P.), u. Will (H.) Untersuchungen ftber die

Giftwirkung des Arsen, Blei, und Zink im pflanzlichen Organismus.
Landw. Versuchsst., 30, 1884; 381-423.

20. Paul (Til.) und Kroenig (B.) Ueber das Verhalten der Bakterien zu

chemischen Reagentien.

Zeits. f. physik. Chemie, 21, 1896; 414.

474

Copeland and Kahlenberg.

21. Peligot (£.) De Faction que l’acide borique et les borates exercent

sur lea vegetaux.

Comptea Rendua, 83,1836; 688. (Ref.) Just’s Bot. Jahreaber.
1876; p. 903.

22. Pfeifer (W.) Ueber Election organiacher Nahrstoffe.

Jahrb. f. wiss. Bot., 28, 1895; 205. Foot-note, p. 238.

23. Phillips (F. C.) The absorption of metallic oxides by plants.

Chemical Newa, 46, 1882; 224.

24. Raulin (J.) Etudes chimiques sur la vegetation.

Ann. des Sc. Nat. Bot., ser. V, 11, 1869; 93. See pp. 238, 252.

25. Richards (H. M.) Die Beeinflusaung dea Wachathums einiger Pilze

durch chemische Reize.

Jahrb. f. wise. Bot., 30, 1897; 665.

26. Spampani ((4.) Seil manganese posso so3tituire il ferro nella nutri-

zione delle piante. Pisa, 1891.

(Ref.) Just’s Bot. Jahresber., 1891, I.; 27.

27. Stevens (F. L.) The effect of aqueous solutions upon the germina¬

tion of fungus spores.

Bot. Gaz., 26, 1898; 377.

28. Stoklasa (von.) Ueber die physiologische Bedeutung des Arsens im

Pflanzenorganiamus.

Zeits. f. d. landw. Versuchswesen in Oesterreich, 1898; p. 154.
From (Ref.) Bot. Centralb., 75, 304.

29. Tschirch (A.) Weitere Mittheilungen fiber das Kupfer vom Stand-

punkte der Toxicologie.

Schweiz. Wochenbl. f. Chem. u. Pharm., 1895, No. 13. (Ref.)
Just’s Bot. Jahresber., 1895, I.; 294.

NUCLEAR PHENOMENA IN CERTAIN STAGES IN THE
DEVELOPMENT OF THE SMUTS.

WITH PLATES VIII AND IX.

ROBERT A. HARPER,

Professor of Botany, University of Wisconsin.

The economic significance of the smuts, together with the un¬
certainty as to their relationships, has made them almost con¬
stantly objects of investigation both from the practical and the
more purely theoretical standpoint. The older literature is cited
fully in papers by Tulasne1 and DeBary.2 The germination of
the smut spores of various species in water was first accurately
observed and figured by Tulasne, DeBary, and the latter’s pupil,
Fischer von Waldheim,3 whose excellent paper developed the
knowledge of the spore formation and germination for a con¬
siderable series of forms into practically the condition in which
it remains today. Brefeld4 has continued and extended our
knowledge of the germination of the spores in artificial media.
His work is practically exhaustive so far as the external mor¬
phology of the forms is concerned, and his vast series of plates
illustrating the stages in germination and the saprophytic
growth of all the principal genera and species are models of
completeness.

All the authors mentioned and many others have observed and

tulasne, “ Me moire sur les Ustilaginees compares aux Uredin^es,”
Ann. d. Sc. Nat., Ser. 3, VII, 1847; and “ Memoire sur les Uredinees et
les Ustilaginees.” Ann. d. Sc. Nat., Ser. 4, II.

2 DeBary, Untersuchungen liber d. Brandpilze. (Berlin, 1853.)

3 Fischer von Waldheim, “ Beitrage zur Biol. u. Entw. d. Ustilagineen.”

Jahrbilcher fur Botanik, VII, 1869.

4Brefeld, Botanische Untersuchungen uber Hefenpilze. (Leipzig^
1883); and Untersuchungen aus dem Oesammtgebiete d. Mykologiey
XII, Heft, “ Hemibasidii.” (Munster, 1895.)

31

476

Harper — Nuclear Phenomena in the Smuts.

described the so-called copulation of the sporida, in which two
cells become connected by a tube which joins them in pairs very
much as are the conjugating cells of Spirogyra . DeBary 1 first
pointed out the analogy between this union and the sexual fus¬
ions in the Conjugatae, and later 2 he presented the evidence
more fully as to whether such fusions are sexual. As favoring
this view he points out: First, the almost invariable occurrence
of the pairing under the normal conditions of germination, i. e.,
germination in water. Second, the fusions are usually between
two, and only two, sporidia. In the case of Tilletia, Entyloma ,
and Urocystis, when an odd number of sporidia are borne on the
promycelium, the sporidia almost without exception fuse in
pairs, and the odd one is left out and does not fuse with either
of the adjacent pairs, although such a union would be very easy.
This shows that a change has taken place in the fused pairs
which makes a second union difficult or impossible. Most au¬
thors since DeBary’s earlier paper appeared, have accepted the
view that the sporidial fusions are sexual unions.

Brefeld3 opposes this view and maintains that such fusing of
cells is mere cell fusion in the sense in which Unger used the
term. According to Brefeld the essential character in a sexual
union of cells lies in the fact, that the conjugating gametes are
incapable of further vegetative growth by division, but become
capable of further development as a result of their union. He
finds that the smut sporidia are capable of unlimited develop¬
ment without fusing so long as appropriate nutriment is sup¬
plied, and hence concludes that the fusions are purely vegeta¬
tive phenomena accompanying, perhaps resulting from, the star¬
vation of the sporidia. Such fusions are to be compared to the
unions formed between the germ tubes of various spores or the
hyphae of mycelia, such as will be described more fully below.

Dangeard4 has more recently studied the nuclear phenomena

1 Beitr. Ser. V, pp. 126-127, and Morph. Phys., und Biol. d. Pilze,
Mycetozoa, u. Bacteria, pp. 181-184.

2 DeBary, Beitr. z. Morph, der Pilze, I, Ser., “ Protomyces and Phy-
soderma.”

3 Bot. Untersuchungen uber Hefenpilze, Hft. V. pp. 33, 49-50, 175.

4 Dangeard, ‘ ‘ Recherches histol. sur la famille des Ustilagin^es.” Le
Botaniste, Ser. III., pp. 240, 268; and Le Botaniste, Ser. 4, p. 12.

Nuclear Phenomena in the Smuts.

477

in a number of forms and has come to some very interesting
conclusions as to the sexual .reproduction of the group. He
finds that in the genera investigated, Entyloma , JJstilago , and
TJrocystis , the young spore contains two nuclei which later fuse
so that the ripe spore contains a single nucleus. This fusion is
considered as the equivalent of the conjugation of male and fe¬
male pronuclei and the smut spore as really an oospore formed
in an oogone. On this ground Dangeard contends that the doc¬
trine of DeBary as to the sexual nature of the conidial fusions
which occur later must be abandoned. In the germination of
JJstilago in water the oospore nucleus passes into the germ tube
and divides, cross partitions are formed, and a two, three or
four celled promycelium results. In TJrocystis and Tilletia eight
nuclei are regularly formed in the promycelium and pass into
the sporidia which are apical in these forms. The nuclei show
a membrane with double contour, a nucleole which is very large,
and between the two a hyaloplasm more or less charged with
chromatin. In the promycelia of Tilletia caries some figures
were seen which suggested stages in the indirect division of the
nuclei. Each sporidium contains normally one nucleus. The
secondary sporidia contain two nuclei in Tilletia , indicating in
them, as the author considers, a return to the condition of or¬
dinary vegetative cells. Dangeard observed the fusion of the
sporidia of Tilletia in pairs and offers the suggestion, that in
the passage of the nuclei from the promycelium to the spori¬
dia an unequal distribution of nuclei may occur, by which one
sporidium may obtain two nuclei and another none at all. The
fusion tubes then permit a re-establishment of equilibrium by
the wandering of nuclei from the sporidia that have two nuclei
into those that have none. He finds nuclei in the fusion tubes
under conditions which suggest this view.

DeBary proposed the term promycelium for the germ tube
pushed out by the germinating smut spores, and I shall retain
the term although Brefeld has introduced the word hemiba-
sidium for the same structure in the effort to show a relation¬
ship between the Ustilagineae and the true Basidiomycetes.
DeBary proposed also the term sporidium for the spores born
on the promycelia. Brefeld very justly, however, points out

478 Harper — Nuclear Phenomena in the Smuts.

that these spores differ in no essential particular from other
conidia produced by abstriction, and I ; shall use this latter
term.

While working with Prof. Brefeld at Munster in the summer
of 1896, I began some studies on methods of fixing and staining
the nuclei of the smuts. Prof. Brefeld’s experience in grow¬
ing these organisms in culture media was of the greatest value
to me in enabling me to obtain abundant material in all stages
of development. Aside from the work of Dangeard the nuclear
phenomena in the smuts have been very little studied and fur¬
ther contributions along this line are certainly very much
needed.

I have used especially as types material of U. antherarum
(Pries), U. scabiosa , Sow. U. maydis (D. C.), and U. carbo
(Tul.). Material of the first was obtained from Lychnis albay
the commoner form on Saponaria being found less favorable
for the study of the conidial fusions, since its conidia do not
unite so readily as do those coming from the other host. The
earlier stages of the spore formation were studied however in
sections of the Saponaria anthers. It is easy to determine
that Dangeard is right in claiming the presence regularly of
two nuclei in the young spores.

In considerably older spores but a single nucleus is to be
found, and the ripe spores just prior to germination are also uni-
nucleated. Whether this spore nucleus is really formed by fu¬
sion of the two nuclei present in the young spore is a difficult
question.

Material fixed in Flemming’s chrom-osmium-acetic solution,
weaker formula, and stained with the triple stain, shows the
nuclei as very minute deeply stained bodies. At this stage
it is difficult to make out nuclear structures; but later in the
promycelia it is easy to recognize in successful preparations
a red stained nucleole and blue chromatin net. Dangeard’s
description of these nuclei as consisting of a nucleole with a
surrounding hyaloplasm more or less charged with chromatin
and the whole enclosed in a vesicle with double contour should
not be taken as indicating any essential difference between the
structure of these nuclei and those of the higher plants, since

Nuclear Phenomena in the Smuts .

479

nucleole, chromatin, and membrane are perfectly distinct in
practically all cases. The main difference between my observa¬
tions and Dangeard’s lies in his failure to observe in all cases
a chromatin net between the nucleole and membrane. The
point is of importance since it has been and still is in some
quarters 1 the tendency to either deny the existence of nuclei
in the fungi or ascribe to them a structure simpler than that
of the nuclei of the higher plants and animals. These nuclei
of the smuts on the contrary show the same essential differ¬
entiations in structure which are found throughout the higher
plants. The simplicity of form and life history of these plants
is in no degree paralleled by a corresponding condition in
their visible protoplasmic structure.

For the study of the germinating spores and conidia cultures
were made in beerwort on the slide or in watch crystals. For
fixing and staining the following method was worked out by Mr.
D. G-. Fairchild and myself and has proved applicable and ad¬
vantageous for the preparation of a variety of one-celled or few-
eelled organisms which can be had in great abundance. The
spores are sown in the beerwort in sufficient abundance so as to
form a thick precipitate on the cover glass when conidia are
formed. If the later stages of conidial budding and fusion are
desired it is necessary to sow relatively few spores, since they
multiply with great rapidity. If the germination stages of the
spores themselves are desired a sufficient number of spores
should be sown to render the drop turbid at ouce, since in this
case there will be no increase in numbers. When the culture
has reached the desired age or stage in development, a drop
turbid with spores or conidia is drawn up into a fine capillary
tube and is then blown gently out into a larger drop of the fix¬
ing solution on a fresh slide.

The fixing solution is in this fashion considerably diluted,
but owing to the extreme delicacy of the promycelia and conidia
they require only very dilute fixing solutions. In case of more
resistant bodies the solution would have to be made proportion¬
ately stronger to allow of dilution in the manner indicated. The

1 Holtermann, Mykologisehe U ntersuchungen aus den Tropen .

(Berlin, 1897.)

480 Harper — Nuclear Phenomena in the Smuts.

anther smut is perfectly killed and fixed by using the weaker
Flemming solution with an exposure of from fifteen minutes to
an hour. Longer exposures produce no apparent effect. The
most delicate cells are neither shrunken nor plasmoiyzed by
this treatment and are hardly visibly different than in the living
condition.

A slide is now covered with a film of albumen fixative as is
customary in attaching serial sections. A drop of the fixed
material without any washing is drawn up into a capillary tube,
touched lightly and quickly to the surface of the prepared slide,
and a minute droplet of the fixing solution with the contained
cells is thus deposited on the albumen film. The spores settle
on the 'albumen which is at the same time at least partially co¬
agulated by the action of the fixing solution. They are thus
held fast, and in the same fashion a series of droplets may be
distributed over an area which can be conveniently enclosed by
the cover glass. From the appearance of the slide when it is
successful the process may be compared to stippling and may
be known by that name. The slide should be left exposed for a
few moments to remove excess of moisture by evaporation,
though it should by no means be allowed to become dry. The
preparation can then be passed rapidly through the graded al¬
cohols, whereby the albumen is still more firmly set.

After this treatment the preparation is ready for any desired
method of staining on the slide and can be treated in all re¬
spects as a slide with attached ribbons of sections. Flemming’s
triple stain was used in making the preparations of smuts to be
described below. The point for care in the above process is in
depositing the droplets on the albumen. If the droplets are too
large the albumen is washed away and the spores are not at¬
tached. The finer the droplets the more evenly the spores can
be spread on the slide and the more certain it is that each will
be attached. Still it is inevitable that many are lost, and the
method is only to be recommended in cases where an abundance
of material in every desired stage is obtainable. I have used
it in making preparations of yeast and swarm spores with great
success. It is also far superior to the ordinary method for at¬
taching bacteria to the slide by drying or heat coagulation, es-

Nuclear Phenomena in the Smuts.

481

pecially when it is desired to preserve the interior structure of
the bacterial cells. As Fisher 1 has recently pointed out, bac¬
teria mounted according to current methods are likely to be
plasmolyzed and frequently distorted.

The disadvantage of the presence of the albumen film in stain¬
ing is very slight. If it has not been made too thick it is al¬
ways decolorized in washing out stains before the cells are. In the
case of heavy coarse spores I have sometimes found it necessary
to drop 80 per cent, alcohol on the slide at once after stippling
it with the spore containing droplets, in order to complete at
once the coagulation of the albumen and prevent the possibility
of the spores being washed away in the weaker grades of alco¬
hol. This latter modification can of course be resorted to only
in cases where the cells are not injured by the comparatively
sudden transition from an aqueous solution to 80 per cent, al¬
cohol. I find, however, that spores while still in such fixing
solutions as Flemming’s, are much more resistant and rigid than
after washing in water, and will generally stand rapid transi¬
tions into alcohol with no change.

Washing out the acid fixing solution, which is such an im¬
portant feature in fixing blocks of tissue, can here be entirely
omitted. The cells are so small that they are sufficiently washed
in passing through the grade alcohols.

If we turn now to the nuclear phenomena in the germinating
spore, we find that in the case of U. scabiosa the promycelium
pushes out without nuclear divisions having yet taken place in
the spore. The nucleus wanders out of the spore and is to be
found in the promycelium when it has reached one-third its
mature length (Fig. 1).

When the promycelium is full grown the nucleus lies near its
middle. It can be very easily studied at this stage and, when
prepared with Flemming’s triple stain, shows a sharply differen¬
tiated, blue stained chromatin net lying in a clear nuclear sap,
a red stained nucleole, and a bounding membrane. The nucleus
now divides. The figure is too minute for study of the process

1 “ Die Plasmolyse der Bakterien,” Sitzb. d. kgl. Sachs. Ges.-Wiss.,
Math. Nat. CL, 1891, and “ Unters. u. Bakt.,” Jahrb. f. Wiss. Bot.,
XXVII.

482 Harper — Nuclear Phenomena in the Smuts.

of spindle formation, etc. ; but the equatorial plate stage is very-
distinct and shows a sharply pointed bipolar spindle, whose
fibres end in deep staining granules at the poles (Fig. 2). No
polar radiations at this stage have been observed. The chromo¬
somes are rather densely massed at the equator and are proba¬
bly eight or ten in number. Frequently in the neighborhood
of the spindle the nucleole can be seen, generally somewhat re¬
duced in size but still a dense red staining granule.

In the dispirem stage the daughter nuclei appear merely as
dense flattened disks of chromatin still connected by the old
spindle fibres (Fig. 3) ; as is the case at this stage in the divis¬
ion of the ascus nuclei, as I have already described it for Peziza
Stevensoniana.1 The daughter nuclei become free from each other
and wander to the opposite ends of the promycelium before they
have fully completed the reconstruction stages (Fig. 4). Here
they soon divide again, and the four nuclei become distributed
at equal intervals in the promycelium, and three cross walls are
built forming a typical four-celled promycelium. Budding then
begins (Figs. 6 and 7); the conidia drop off and enter on a yeast¬
like period of growth, as has already been fully described by
Brefeld.

The above account of U. scabiosa represents a case where a
typical four-celled promycelium is formed, such as Brefeld re¬
gards as a typical hemibasidium. The spores produce regularly
only a single promycelium and all subsequent conidial growth
originates from this one conidiophore.

In some species however a series of promycelia are budded off
from a single spore and these may be two or three or one celled.
A type which produces series of three celled promycelia is U.
antherarum (Fr.), growing in the anthers of many Caryophyl-
laceae, and for which the nuclear phenomena in spore formation
have been referred to above. This is the fungus which develops
its spores in the anthers of the host plant, thereby emasculat¬
ing them and apparently availing itself of the means for the
scattering of its spores which the host plant intended for pollen
distribution.

1 Ber. d. deutsch. Pot. Ges., XII, 1895.

Nuclear Phenomena in the Smuts.

483

The germination of the spores and fusion of the conidia of the
anther smut have been very fully described by Brefeld.1 The
spores germinate in a few hours in beerwort. The single spore
nucleus divides and one of the two daughter nuclei wanders
into the germ tube (Figs. 8 and 9). The other remains in the
spore and develops no further during the formation of the first
promycelium. For demonstrating the nuclei in the thick walled
spores at this stage, a methyl green stain was found preferable
to the triple stain of Flemming. A one per cent, solution was
used with exposure for a few minutes. Brefeld reports that
the spores when germinated in water produce series of promy-
celia; but that when grown in nutrient solutions they produce
but one promycelium, which, however, produces a very large
number of conidia. In the most of my cultures, however, which
were made in rather dilute beerwort, series of promycelia were
thrown off, all of which produced abundant conidial buds.

When the promycelium has reached about two- thirds of its adult
length its nucleus divides, and a cross wall is at once built be¬
tween the two daughter nuclei (Fig. 10). As the promycelium
continues to develop the nucleus of the distal cell again divides,
and a cell wall is built between the two nuclei, the apical cell
so cut off being generally smaller than the one below it (Fig.
11). Conidia are now budded off in abundance from all three
cells, and the promycelium itself soon drops off from the spore
which immediately produces a second promycelium at the same
spot. This may be followed by a third, and so on. How many
such promycelia can be formed from a single spore, I have not
attempted to determine. Doubtless the spore nourishes itself
from the beerwort as do the promycelia in producing the coni¬
dia. Each so produced promycelium continues to bud off coni¬
dia indefinitely or as long as the medium contains sufficient
nutriment.

After falling off from the promycelium the conidia bud like
yeast cells, forming small colonies (Figs. 11, 12, and 13), as do
the conidia of most of the smuts. By transferring the conidia
and promycelia to fresh beerwort the process can be kept up
indefinitely. Each conidium is uninucleate and this nucleus di-

1 Loc. cit., pp. 36-54.

484 Harper — Nuclear Phenomena in the Smuts.

vides to furnish nuclei for the daughter buds. The resting
nuclei here also show the characteristic elements, nucleole,
chromatin mass, and nuclear membrane.

The division is a typical karyokinetic division, although the
conditions of size, etc., make a study of the details of the pro¬
cess very difficult. The equatorial plate stage is well defined
(Fig. 14). The spindle is sharply bipolar though no polar
asters can be made out. The nucleole can frequently be seen
as a bright red granule somewhere in the neighborhood of the
spindle (Figs. 14, 16). The separation of the chromosomes and
their withdrawal to the poles is shown in Fig. 15, and the young
daughter nuclei appearing as dense lumps of chromatin con¬
nected by the fibres of the old spindle, in Fig. 16. It is inter¬
esting that even in such minute nuclei the typical stages of
nuclear division as found in other plants are all readily to be
identified. The similarity of the nuclear divisions in these
simpler plants with those seen in the higher forms is in strik¬
ing contrast with the relative simplicity of their external mor¬
phology and life histories.

It is quite possible that these parasitic fungi are degenerate
in their vegetative structure as a result of their parasitic mode
of life. In that case, however, the nuclear divisions being en¬
tirely reproductive processes would have naturally remained at
least at the stage of development they had reached at the time
the plant began its parasitic habit, since reproduction is quite
as important for the parasite as for the independent organism,
though it can dispense to a considerable degree with complex¬
ity of vegetative development.

If such conidial cultures of the anther smut be continued for
several days and are then allowed to starve by failure to trans¬
fer them to fresh culture media, a very large per cent, of the
spores will fuse in pairs by means of tubes pushed out and grow¬
ing together at their tips. This fusion is accompanied by a
very considerable increase in volume, as seen by comparing
Figs. 12 and 17. The tubes grow out from adjacent cells and
are apparently directed by chemotactic stimuli, so that their ends
meet exactly. The end walls are dissolved, and the tubes fuse
firmly and evenly together so that the points of union cannot

Nuclear Phenomena in the Smuts.

485

be distinguished when the process is complete, except for a
slight enlargement of the tube diameter. The tubes may be
long or short according as the conidia are more or less widely
separated in the culture. They may be either straight or
curved as in Fig. 18. Cells that do not become connected thus
in pairs remain small, and their protoplasm frequently under¬
goes changes which cause it to stain as a homogeneous mass.
The behavior of the promycelia which have been carried along
in the cultures and have continued to bud is also noteworthy.
The distal of the three cells of the promycelium is generally the
smaller. When starvation intervenes the proximal larger pair
of cells put out tubes from their adjacent ends which fuse and
connect the two in the same fashion as the conidial pairs are
connected. The fused pair now also enlarge greatly and their
adjacent ends become rounded out by increased turgor. The
cell wall splits and the two cells become free from each other
except for the fusion tube (Fig. 19). In this condition they
frequently become inclined at an angle to each other. Whether
this change in their relative positions is due to special tensions
in the walls of the fusion tube itself, or merely to chance as
they float in the culture medium, is not easy to say. The distal
cell is thus left unpaired, and much more generally than is the
case with the similarly situated conidia, it undergoes a speedy
disorganization. Its protoplasmic contents are aggregated in
deep staining masses (Fig. 19), and ultimately the wall collapses.
In some cases, however, where a conidium is lying near such a
promycelium the distal promycelial cell forms a fusion tube
with the conidium, and thus provided the pair enlarge and con¬
tinue in as thriving a condition as the two lower cells (Fig. 20).

The resemblance of this whole process of cell fusion to a sex¬
ual conjugation is apparent. Externally it is like what hap¬
pens in the formation of a zygospore from the contents of two
Spirogyra cells. There is, however, here no migration of pro¬
toplasm from one cell to the other, and what is still more sig¬
nificant, no fusion of nuclei. The nuclei remain in their respec¬
tive cells throughout the entire process without division or visi¬
ble interchange of nuclear substance. It appears like sexual
fusion but no fertilized egg in the ordinary sense of the term is

488 Harper — Nuclear Phenomena in the Smuts.

formed. In this particular it is similar to the conjugation of
such infusorians as Paramoecium , where the two conjugating in¬
dividuals both maintain their individuality and continue to
divide after the fusion as before. In Paramoecium , however, a
complicated system of nuclear changes has taken place, result¬
ing in the loss by disintegration of certain daughter nuclei and
the providing of each Paramoecium with a new micro- and ma¬
cronucleus to which both individuals have contributed. The oc¬
currence of the fusion after a prolonged period of vegetative
activity in the yeast budding and the reduced vitality of indi¬
viduals which do not succeed in fusing, is another point of re¬
semblance between the process here and in the infusorians,
where Maupas has shown that after a number of ordinary vege¬
tative divisions, somewhat definite for each species, the indi¬
viduals die unless conjugation takes place. Maupas1 also finds
that the conjugation can only occur when starvation threatens,
just as is the case with the smut conidia. In the case of the
latter, however, fusion is at the most only necessary to render
the individuals a little more resistant to a period of reduced
nutrition, and as long as the food supply is abundant they show
no diminution of vitality; while the infusorians, in spite of
abundant food, inevitably die of “ senile degeneration ” unless
conjugation occurs after a certain number of generations.

When fresh beerwort is supplied to the cultures containing
fused pairs they begin budding off conidia as before. (Fig. 22.)
The process begins frequently by the formation of a rudimen¬
tary germ tube as if a mycelium were to be formed. Each spore
pushes out in a short tube of practically the same diameter as
itself. Cross walls are then put in, cutting off one or two cells
from the end of this tube, and these cells then produce conidia
by budding. This budding is well figured by Brefeld.2 In
making fixed and stained preparations the conidia are generally
broken off, leaving the spore pairs with the germ tubes alone.

Sometimes only one of the two spores germinates (Fig. 21),
though as a rule both do. When only one germinates the nucleus

1 E. Maupas, “Le rejeunissement karyogamique chez les cilies.” Arch .
de Zool. Exper. et g&ndr. 2e. Ser., Vol. VII.

2Loc. cit., Tafel.

Nuclear Phenomena in the Smuts.

487

of the other remains quiescent, as seen in Fig. 21, thus indi¬
cating clearly its independent individuality. In the case
figured the sterile spore is somewhat smaller than the other and*
its nucleus is also smaller. In the germinating spore the nucleus
divides to furnish nuclei for the cells cut off from the germ
tube. One nucleus always remains in the spore itself. Brefeld
reports 1 that he finds no difference between the fused and un¬
fused conidia in their ability to live through a starvation per¬
iod. In my own cultures, however, a marked difference was al¬
ways noticeable in the per cent, of paired and unpaired cells
which survived after a period of two or three days of starva¬
tion.

There is no evidence that a thicker wall is formed about the
conidia after fusing in pairs. So far as they show greater
ability to live through unfavorable conditions it is apparently
due to some change in the protoplasm. Exceptionally germina¬
tion occurs from the fusion tube. In this case nuclei are seen
still present in the two spores, and it is uncertain which of
them divided to form the nucleus for the conidium. The whole
fusion process may be summarized as follows :

1. In cultures several days old when starvation threatens,
the conidia put out tubes which fuse end to end, thus establish¬
ing protoplasmic continuity between the two cells.

2. No nuclear fusions or visible interchange of nuclear sub¬
stance accompanies this cell fusion.

3. The cells enlarge rapidly in size and show increased pro¬
toplasmic content, indicating a stimulation of anabolic pro¬
cesses as a result of the fusion.

4. Fusion also regularly occurs between the basal cells of the
promycelia under the same conditions.

5. Conidia which have not fused in pairs and the end cells of
promycelia which have not fused with adjacent conidia, are
somewhat less resistant to prolonged starvation than are the
fused pairs.

6. The germination of the fused pairs is directly by budding,
or a short one to three celled germ tube is produced which buds
out in conidia.

1 Loc. cit., pp. 48-49.

488 Harper — Nuclear Phenomena in the Smuts.

Before discussing further the significance of such fusions, it
will be interesting to bring together other facts regarding cell
fusions where no fertilization in the ordinary sense of the term
can be assumed to exist. Observations of this sort are recorded
quite abundantly in the literature, and it is of interest to bring
them together for purposes of comparison and the determination
of their significance in the light of modern theories of sexu¬
ality.

One of the familiar cases is that of fusion of the germ tubes
of spores so that several spores combine at once in forming a
mycelium. Beinke’s figure,1 in which the germinating conidia
of Nectria solani are shown uniting their germ tubes in a com¬
mon system, is a familiar example. The behavior of the nuclei
here is unknown and should be investigated, but there is cer¬
tainly no reason for supposing that this is a sexual union. The
fusion results in a larger germ tube than could be produced by
any one of the spores singly, and hence the chances that the
young mycelium may reach a favorable substratum for its de¬
velopment may be supposed to be increased. It is evident that
in this case the fusion was accomplished without especial re¬
duction in volume of the units which combine and indicates
clearly the possibility of this sort of aggregation on the part of
independent cell units. They are, though each is capable of
producing an entire mycelium independently, able to combine,
giving up their independent individuality in order to produce
a single larger mycelium, which may have a better chance of
reaching a substratum favorable for further development.
Whether this fusion is customary in the development of germi¬
nating spores, or whether it only occurs when the nutrient me¬
dium in which germination occurs is poor in nutriment for the
fungus, should be investigated more fully. It is also unknown
whether the mature mycelium produced from such a series of
spores is larger and stronger than that produced from a single
spore, the conditions of nutrition being the same. We can sim¬
ply say that the process seems to show clearly the possibility
of a combination of cells for the sake of the advantage of size
in reaching a source of food.

1 DeBary Morph., Phys., und Biol. d. Pilze , Mycetozoa, u. Bacteria ,

P. 2.

Nuclear Phenomena in the Smuts.

489

The case described by Osterhout1 of the combination of the
four tetraspores of Rhabdonia in their germination to form a
single vegetative body may perhaps be placed in this same cate¬
gory, although the tetraspores do not actually fuse.

A much more striking case of fusion of germ tubes where no
strictly sexual significance in the phenomenon is possible, has
been worked but by Woronin and Nawaschin.2 The case is that
of Sclerotinia heteroica, which is a heteroecious ascomycete pro¬
ducing conidia on Vaccinium uliginosum and sclerotia in the
fruits of Ledum palustre. The ascospores of the fungus infect
the leaves of Vaccinium uliginosum and produce a mycelium
which develops a rich, conidial fructification. The conidia
from the leaves of the Vaccinium fall on the stigmas of the flow¬
ers of Ledum palustre at the time of anthesis, the germ tube
penetrates the whole length of the style and develops a mycel¬
ium in the ovary. As the latter grows, it is mummified by the
mycelium and becomes a sclerotium, which passes the winter in
a resting condition and in the following May germinates and
produces a long stalked peziza cup. The asci of this peziza dis¬
charge their spores in the air and they are carried to the
young leaves of V. uliginosum , infecting them and pToducing
again the conidial fructification. The peculiar fusions referred
to occur in the infection of the ovary by the conidia through
the stigma. The authors find that a number of the conidia
which have fallen on the stigma combine their germ tubes by
fusion in order to penetrate through the style to the ovary with
its abundant food material below. The conidia lie on the stig¬
ma like pollen grains and several, as many as five or six, push
out germ tubes which, instead of growing independently down¬
ward into the subtratum, converge towards each other, prob¬
ably by means of mutual chemotactic stimulation, and become
fused into a single larger tube which then proceeds downward
through the style. Here we have very plainly a fusion of in¬
dividual cells with loss of their independence for the sake of
producing a larger body, a larger germ tube, for traversing the

1 Osterhout (W. J. V.), Annals of Botany, 1896.

2 Sclerotinia heteroica Zeitschr.f. Pflanzenkrankheiten, Hft. 3 u. 4,
1896.

490 Harper— Nuclear Phenomena in the Smuts.

relatively considerable distance before it reaches the appropri¬
ate subtratum for its further development. Whether the tube
of a single spore would be incapable of reaching the ovary and
producing the infection has not been determined experimen¬
tally, but it is plain that the certainty of infection taking place
when once the spores are on the stigma is enhanced by the fu¬
sion process described. It would be interesting also to know
whether the germ tubes are capable of drawing nutrition from
the tissues of the style. The nuclear phenomena in connection
with this fusion have not been studied, but in any case it
cannot be considered as sexual in any sense of the word.
It is a case of protoplasmic fusion where the advantage to be
gained is simply the increased size of the resulting body. It
belongs in the same category with the case of Nectria, and
here the object, of the fusion is much more clearly indicated by
the conditions under which it occurs.

In two other related species of Sclerotinia the same process
had been still earlier described by Woronin,1 namely, in S. padi ,
whose spores fall on the stigma of Prunus padus and penetrate
the host plant by means of a similar compound germ tube ; and
also in S. aucupariae parasitic on the mountain ash, which in¬
fects the berries of the latter by a compound germ tube from
the stigma through the style. On the other hand, in S. megalo-
spora which produces sclerotia in the fruits of V. idiginosum a
single spore on the stigma can produce a germ tube long enough
to reach the ovary and fusions of germ tubes in this species have
not been observed.2 The spores of this species of Sclerotinia are
larger than those of the other three mentioned, but it would be
hasty to assume that this visible difference in size is the direct
cause of the difference in behavior of the species in germination.
The length of the germ tube is not directly proportional to the
visible size of the spores as can be shown in maqy cases.

There are numerous accounts in the literature of the anasto¬
mosing of adjacent branches of a mycelium by means of

1 Woronin, “ Die Sclerotienkrankheit der gemeinen Traubenkirsche und
der Eberesche.” Mem. de VAcad. imp. des Sci. de St. Petershourg .
1895; pp. 11-12, 17.

2 Woronin u. Nawaschin, loc. cit., p. 11.

Nuclear Phenomena in the Smuts.

491

tubes which grow out from one branch and fuse at their ends
with an adjacent branch. Such fusions are not to be considered
as simply due to contact of two filaments that happen to cross
each other’s path of growth. I have had abundant opportunity
of observing the phenomenon in mycelia of Rhyparobius grown
in a decoction of dung on the slide, and it is plain that many
filaments cross and are in contact without fusing, while in other
cases a branch will grow out in the shortest path possible to an
adjacent branch and fuse with it. Sometimes two tubes grow
out and meet and fuse at their tips just like the conjugating
tubes of Spirogyra cells. The anastomosing is most common in
the peripheral parts of a mycelium and may serve to secure an
even distribution of food materials through the whole by a
shorter route than would be otherwise possible. Certainly the
mycelium is made a more definite unity by means of such anas¬
tomosing, but its advantage is by no means clear.

Further examples are given by Woronin1 and by Woronin and
Nawaschin2 of anastomosing in hyphae developed from the
germinating conidia of the above mentioned Sclerotinia species
when grown in plum juice. The young germ tubes, the older
mycelial branches, and the germinating spores themselves may
all become connected by fusion tubes which are developed in
the greatest profusion without reference to the food supply or
other noticeable external factors.

Very recently the spore fusions in Protomyces macrosporus
have been described and figured by C. M. L. Popta.3 The
spores fuse in this case soon after they have been expelled
from the spore case and the formation of the fusion tube and
the appearance of the fused pairs is very much the same as in
the anther smut. In stained preparations of the spores before
fusion four to seven nuclei are found, and after fusion also each
cell of the pair shows from four to seven nuclei. The author
concludes that there is no evidence that nuclear fusions follow
the cell fusion and is apparently inclined to the opposite view.
In living material highly refractive bodies were observed in

1 Woronin, loc. eit., p. 11.

5 Woronin u. Nawaschin, loc. cit., p. 10.

8 “ Beitrage zur Kenntniss der Hemiasci,” Flora, Hft. 1, 1899.

32

492 Harper — Nuclear Phenomena in the Smuts.

the fused spores which the author suspects might be the
nuclei. In two cases one of these refractive bodies was seen
in the fusion tube but prolonged observation revealed no
change in its position. Popta says nothing of changes
in the spore pairs which follow fusion. De Bary!, how¬
ever, has recorded that after fusion the pairs enlarge very
considerably as is the case in the anther smut. According to
De Bary also when the fused pairs germinate but a single
tube is pushed out and the entire protoplasmic content of the
pair passes out into the young mycelium thus formed. The
germination regularly occurs on the surface of a host plant
and the germ tube at once penetrates the tissues of the host
plant and continues its vegetative existence there.

The nuclear phenomena during these germination stages
should be investigated before we can be entirely certain that
a sexual fusion of nuclei does not occur at any stage of the
process; though the phenomena are very similar to those in
Sclerotinia, where the number of spores which combine is so
large and variable as to practically exclude the assumption of
sexuality.

Further in this connection should be mentioned Hoffman’s1 2
clamp connections between adjacent cells of the mycelia of the
Basidiomycetes. The more exact investigation of these struct¬
ures is to be credited to Prof. Brefeld.3 He finds that in the
mycelium of Coprinus a tube grows out from the end of one cell
and curves in toward the lateral wall of the next adjacent cell,
with which it comes in contact and finally fuses, forming thus-
an open passage between the two cells. Later a transverse wall
is built at the base of the fusion tube, so that the continuous
passage way formed between the two cells is again interrupted.
Brefeld thinks the structure has something to do with circulation
of food materials in the mycelium. Its resemblance to the fus¬
ion of the cells of the promycelia in the smuts has already been
pointed out.

1 Beitr. zur Morph . u. Phys. der Pilze , I.

2 Hoffman, Bot. Zeitung , 1856; p. 156. Also De Bary, Morph., Phys., u .
Biol, der' Pilze, Bakt., und Mycetozoa, pp. 2-3.

8 Brefeld, V inters. iXber Schimmelpilze , III, p. 17.

Nuclear Phenomena in the Smuts.

493

All the cases of union so far discussed are between cells which
are either themselves coenocytic or belong to organisms which
in some stages of their development form coenocytic cells. The
fusing conidia of the smuts are uninucleate. The fusing spores
o Protomyces contain each several nuclei. The tendency among
the fungi to form multinucleated cells may be another expres¬
sion of some fundamental quality of their protoplasm which also
leads to the cell fusions which have been described. How a
binucleated or several nucleated cell arising by fusion would
differ from a binucleated or several nucleated cell which became
so by internal nuclear divisions, is not certain, especially when
the fusing cells are separated in descent by only one or a few
cell divisions.

Oltmanns’ recent researches on the nuclear phenomena in the
sexual reproduction of the red algae, have furnished a very in¬
teresting case of cell fusions without nuclear fusions. They are
the cell fusions which Schmitz regarded as secondary fertiliza¬
tions. According to Oltmanns, in the forms where these sec¬
ondary fusions occur, Dudresnaya purpurifera for example, the
sexual fusion of energides — spermatium and egg with their
nuclei — takes place in the carpogon. From the carpogon grow
out typically three branches (“ ooblastema threads” of Schmitz,
“ carpogenous filaments” of Oltmanns). The fertilized egg nu¬
cleus divides, and daughter nuclei are carried along in the car¬
pogenous filaments. The carpogenous filaments fuse with ordi¬
nary vegetative auxiliary cells of the branch which bears the
carpogon, but no nuclear fusions occur. The sporogenous ener-
gide simply uses the material of the cells with which it fuses for
its own further vegetative development. After these fusions
the carpogenous filament proceeds still further to fuse with spe¬
cial auxiliary cells on the ends of branches in the various parts
of the plant. Here again no nuclear fusions occur. The nuclei
of the carpogenous and auxiliary cells repel rather than attract
each other. In the fusion cell thus formed the sporogenous nu¬
cleus divides; one daughter nucleus passes on with the further
growth of the sporogenous filament, and the other remains in
the fusion cell, appropriates its protoplasm, and by subsequent

1 “Zur Entwicklungsgeschichte der Florideen,’, Flora , 1898.

494 Harper — Nuclear Phenomena in the Smuts.

divisions accompanied by cell divisions forms the mass of car-
pospores. The original nucleus of the auxiliary cell gradually
becomes disorganized and disappears. The whole process con¬
sists in the parasitic development of the nuclei derived from the
fertilized egg in the auxiliary cells of the mother plant. It is
analogous to the parasitic development of the sporophyte on
the gametophyte in the mosses. The fusions of sporogenous
(ooblastema) filaments with the auxiliary cells is purely a nu¬
tritive process, and adds thus a most interesting further type
of cell fusion to those already enumerated. The whole process
of the presumably chemotactic attraction of the cells for each
other, the breaking down of the cell walls, and the union of the
cytoplasmic masses, is carried out solely for the purpose of
supplying the sexually produced energide with material for the
production of a mass of carpospores. It is a case of parasitism
in a sense; and yet the ceil fusion is in no respect like the pene¬
tration of a host plant cell by a haustorium or a swarm spore,
as it occurs in the case of the parasitic fungi. The hausto¬
rium maintains its own bounding membrane and simply devours
the killed and liquefied substance of the host cell by absorption.
The unions of the sporogenous and auxiliary cells is a real fusion.
The fused cells have a common plasma membrane. The cell wall
also, which encloses the fusion cell, as Oltmanns points out, is
in part the wall of the auxiliary cell and in part the wall of the
sporogenous filament.

These investigations of Oltmanns must be considered as of
the greatest importance, not only in bringing clearness out of
the chaos which has hitherto existed in our notions of sexuality
in the red algae, but also because they bring into sharp con¬
trast the sexual fusion of cells and nuclei and cell fusions
which have a purely vegetative and still well defined signifi¬
cance. The independence of the phenomena of nuclear and cell
fusions is clearly brought out and the suggestion given, that
while each may be of great importance to the organism, their
significance may well be quite distinct. These secondary cell
fusions have at least a nutritive function and may have others.

In this connection the view of Iwanzoff 1 that normal conju-

1 N. Iwanzoff, “Physiologische Bedeutung u. s. w.” Bull. Sog. Imp., 1898.

Nuclear Phenomena in the Smuts.

495

gation is a mutual devouring of each other by egg and sperm
is interesting and perhaps gains an added element of proba¬
bility. That this does not, however, afford a complete explana¬
tion of cell fusions is shown by the case of the conidial fusions
of the anther smut, where neither cell devours the other but
each maintains its individuality and germinates independently.
In this case we must assume that the fusion produces some
change in the condition of the protoplasm whereby its metabo¬
lism is increased; and, perhaps also, it becomes more resistant
to unfavorable external conditions.

For completeness may be mentioned the fusion of cells end to
end to form the vessels, tracheae, of the higher plants and the
fusion to form laticiferous ducts in certain cases. These cases
are however quite different from the others mentioned, in that
they occur in cells not destined to further development by di¬
vision, and in the first case at least are accompanied by the
death of the cells.

In still a further and quite interesting category may be men¬
tioned the union of the swarms spores of slime moulds to form
plasmodia. Here the union consists in the formation of a larger
amoeboid mass with a common plasma membrane by the union
of numbers of smaller amoeboid cells. It is in its origin, doubt¬
less, a preparation for spore formation and has been developed
from the habit of the Acrasieae to come together to form stalked
spore fruits, although in these latter forms the swarm spores
pass through their entire vegetative existence as distinct bod¬
ies. Plasmodium formation would then be an occurrence at an
earlier stage and more completely of the aggregation of cells
which in Dictyostelium , for example, occurs at the time of

uiting. What the advantage of this union is cannot be pointed
out with certainty, except that it brings and keeps the cells to¬
gether so as to prevent their becoming too widely scattered be¬
fore the time of fruiting. It perhaps also secures a more even
distribution of food among all the cells that are later to combine
to a single fruit body.

If we look now for the significance of these various types of
cell fusions, it seems plain that in none of them do we have any¬
thing that is comparable to sexual fusions. The nuclear fusion

496 Harper — Nuclear Phenomena in the Smuts.

which Hertwig and Strasburger have pronounced the essential
feature in sexual fusions in both plants and animals is lacking.
None the less we have, at least in the pairing of the conidia of
the anther smut, a phenomenon which shows some of the physio¬
logical results which accompany a true sexual fusion, namely,
increased metabolism and increased capacity to resist unfavor¬
able external conditions. And in all the cases mentioned an im¬
proved physiological condition may be fairly assumed as a re¬
sult of merely cytoplasmic fusions. How it is that a cell finds
itself in better condition as a result of increasing its mass by
fusion with a second cell, is not clear except where the increased
size is a necessity in order to reach a certain position necessary
for the further development of the organism, as in the case of the
germ tubes of Nectria or Sclerotinia described above. Such an
advantage is not, however, present, in the fusions of the anther
smut. If reduction of volume and consequently of exposed sur¬
face for osmosis followed the fusion, as is the case in so many
true fertilizations, an advantage might be assumed to exist in
this diminution of surface contact with unfavorable surround¬
ings and the greater density of the protoplasmic mass; but in
the anther smut fusion is followed by a very notable increase
in the size of the fused cells. It is impossible at present to say
wherein the significance of this fusion consists. It may be that
the phenomena are to be interpreted as a primitive type of sex¬
ual union, where the process of fusion has not yet gone so far
as to include a union of the nuclei and a loss of individuality
of the gametes; or it may be a degenerate form of sexuality in
which the nuclear union has been lost and the cytoplasmic un¬
ion retained.

There can be no doubt, however, that such cases show clearly
that there is an advantage to the one celled organism in a
cytoplasmic union, even without nuclear fusion. The importance
of this cytoplasmic union in the cases of true fertilization where
the male cell consists of little but the nucleus, as in the mosses
and ferns, may be much reduced. The existence of such cases,
however, whether primitive or degenerate, is strongly in favor
of the view that sexual reproduction may have originated in
fusions of a simpler type than are found in most plants and an-

Nuclear Phenomena in the Smuts.

497

imals today, and in which neither nuclear fusions nor loss of in¬
dividuality of the fusing gametes was present. Such cases
would furnish an interesting connecting link between ordinary
asexual reproduction by division and the sexual fusion of nuclei,
with the resulting necessity of chromosome reduction and so
forth.

On the much discussed question as to whether the cytoplasm
is concerned in the transmission of hereditary characters in
true sexual fusions, such cases of cell fusions, showing that
merely cytoplasmic unions have a distinct value for the organ -
ism, make it probable that that advantage is a prominent feat¬
ure in the results of fusion of equal gametes in Spirogyra and
other cases where large amounts of cytoplasm unite in the pro¬
cess of fertilization. In higher organisms, as already noted,
where the amount of cytoplasm present in the male gamete has
been reduced to a minimum, the significance of the non-nuclear
elements in the fusing cells may be correspondingly diminished.

Summarizing the types and apparent effects of cell fusions
where no nuclear fusions occur, we can note the following: —

1. Cases where fusion results in increased size thus enabling
a germ tube to reach the substratum most favorable for its fur¬
ther development: Sclerotinia ; possibly Nectria.

2. Cases where fusion provides for more ready and equal dis¬
tribution of food materials in a mycelium: Rhyparobius and
many others; also possibly the clamp fusions of Basidiomycetes.

3. Cases where fusion leads to growth in size of the fused
cells, perhaps also making them more resistant to unfavorable
external conditions: Anther smut, Protomyces.

4. Cases where the fusion is largely at least a nutritive
phenomenon, the protoplasm of one energide passing entirely
under the control of the other, and results in the disorganiza¬
tion of the nucleus of the former: Secondary fusions in the red
algae according to Oltmanns.

Madison , Wis., December , 1898.

498

Harper — Nuclear Phenomena in the Smuts.

EXPLANATION OF FIGURES.

All figures drawn with aid of Abbe camera lucida and with
Zeiss apochromatic objective 2 m.m., aperture 1.40. Figs. 1-10,
12, and 17-22 with compensating ocular 12, the others with
compensating ocular 18.

PLATE VIII.

Fig. 1.
Fig. 2.

Fig. 3.

Fig. 4.

Fig. 5.
Fig. 6.
Fig. 7.

Fig. 8.
Fig. 9.
Fig. 10.
Fig. 11.

Fig. 12.
Fig. 13.
Fig. 14.
Fig. 15.
Fig. 16.

Fig. 17.
Fig. 18.
Fig. 19.

Fig. 20.

Fig. 21.
Fig. 22.

Figures 1-7, Ustilago scabiosae.

Promycelium with resting nucleus.

- with nucleus in equatorial plate stage of division,

nucleole lying near one end of spindle.

- with daughter nuclei in dispirem stage, connected

by spindle fibres.

- with two daughter nuclei not fully developed but

widely separated.

- - with four resting nuclei.

Four celled promycelium with conidia.

Upper cell of four celled promycelium. Nucleus in
equatorial plate stage.

Figures 8-22, Ustilago antherarum.

Germinating spore uninucleate.

Germinating spore after first nuclear division.
Promycelium with first septum.

Conidium budding like yeast.

PLATE IX.

Three-celled yeast-like colony.

Four-celled yeast-like colony.

Conidium with nucleus in equatorial plate stage.
Conidium with nucleus in metaphase.

Conidium with nucleus in dispirem stage, spindle still
present.

Conidia fused in pairs and swollen.

Conidia fused in pairs, curved fusion tube.
Promycelium cells with fusion tube. Apical cell in
process of disorganization.

Promycelium with apical cell fused with adjacent coni¬
dium; fusion tube of lower pair lies behind them.
Fused pair with one germinating in tube.

Fused pair with conidial buds.

Trans. Wis. Acad., Vol. XII,

Plate VIII.

Trans. Wis. Acad., Vol. XII.

Plate IXt

THE INTER-GENERATION PERIOD.

WITH PLATES X AND XI.

CHARLES H. CHANDLER.

The question here considered is whether the popularly re¬
ceived idea that the average interval between successive gener¬
ations is one-third of a century, has a sufficient foundation in
fact. The result of an examination of nearly sixteen thousand
dates of births and the computation of mean dates is presented
in the accompanying tables and diagrams.

As all the records involved in this examination have been
those of New England families, it is evident that it is an en¬
tirely pertinent question whether the resulting inferences are
applicable to other sections of country. Especially may it ap¬
pear that in regions where marriages are contracted at an ear¬
lier age the interval certainly will be considerably shortened.
But on the other hand it must be considered that in those
regions families are larger, and marriages in which the woman
is very much younger than the man are more frequent, both of
which conditions tend to lengthen the inter-generation period;
so that without careful investigation it is by no means safe to
assume that the generations follow in more rapid succession
than under what at first seem to be the more deliberate con¬
ditions of New England.

Each of the four tables here given represents the descendants
of a common ancestor; the first column giving the numbers of
the generations from that ancestor, the second column the num¬
ber of recorded dates of births in each generation, the third the
mean date of those births, the fourth the interval between each
generation (after the first) and the one preceding it, and the
last column the sum of the three preceding intervals.

500 Chandler — The Inter’ Generation Period ,

A

B

I

1

1637

I

2

1616

. ..

II

5

1677

40

II

13

1651

35

...

III

24

1712

35

III

24

1696

45

...

IV

40

1741

29

104

IV

52

1720

24

104

V

105

1774

33

97

V

150

1757

37

106

VI

236

1810

36

98

VI

231

1798

41

102

VII

460

1844

34

103

VII

387

1829

31

109

VIII

397

1870

26

96

VIII

534

1856

27

99

1268

1393

Mean period,

33.3

a

Mean period, 34.3

Omitting generation VIII,

34.5 i

Omitting generation VIII,

35.5

C

D

I

1

1635

..

I

5

1632

..

. ..

II

8

1667

32

II

44

1665

33

...

III

44

1700

33

III

147

1702

37

...

IV

81

1743

43

108

IV

467

1737

35

105

V

257

1782

39

115

V

783

1771

34

106

VI

770

1813

31

113

VI

1676

1806

35

104

VII

1575

1841

28

98

VII

3044

1834

28

97

VIII

1572

1864

23

82

VIII

2367

1853

19

82

4308

' 7. ..1

8533

Mean period, 32.7

Mean period, 31.6

Omitting generation VIII, 34.3 Omitting generation VIII, 33.7

The first family, denoted by A, is also presented in Diagram
1, which graphically represents the dates of birth and the lines
of descent of nearly 1,300 descendants of the ancestor placed at
the top upon the line of the year 1637, although a few of the
lines marking descent are omitted in the later generations on
account of insufficient space. But all the known dates of birth
in each generation are located upon the heavy lines, the mean
date of birth for each generation being shown by a light hori¬
zontal line.

In this family the successive inter-generation periods are
shown to be 40, 35, 29, 33, 36, 34, 26, together amounting to
233, and giving a mean period of 33.3 years. The exceptional
brevity of the last period, however, suggests that the eighth

Diagram 1. Descendants.

Trans. Wis. Acad., Vol. XII- Plate X.

The Inter- Generation Period.

501

generation was by no means complete when the records were
compiled, a presumption supported by the observed fact that its
numbers, instead of being more than those of the seventh gen¬
eration, are considerably less. But a compensation for this
deficiency is made by the unusual length of the first period, due
to the fact that there is no place for a mean when but one per¬
son is considered, and that the condition of this one, a pioneer
in the unsettled wilderness, seems to have been such as made it
by no means easy for him to find a wife, and he remained un¬
married until the age of thirty-four. It is also worthy of at¬
tention that the sums of these periods, when taken in succes¬
sive groups of three, are each near an exact century, the largest
excess, of only four years, being in the sum containing the effect
of the pioneer’s isolation, and the equal deficit where it is caused
by the generation still incomplete. It is further evident that
the greatest irregularities in the generation lines are in those
places where the data are imperfect; as, for example, at the
extreme left of the diagram, where the only line of descent is
that of a member of the third generation who was born twenty-
one years after the marriage of his parents. If the data for the
older branches of that family had been available, the generation
line must have been elevated to a marked extent. The records
of the branch presenting such unusual irregularities at the ex¬
treme right of the diagram are likewise very imperfect.

The families denoted B, C, and D are not presented graphi¬
cally; but the tabular exhibits of the dates of birth show less
nearly uniform inter-generation periods than those of family A;
yet in no case does the mean of the seven periods differ from
the third of a century by more than 1.6 years. The sums of
three successive periods, however, present much greater irregu¬
larities, rising in one case to 115 years. It may be noticed,
also, in B, C, and D, as in A, that the intervals between the
seventh and eighth generations are very short, and the same
evidence of incompleteness in the eighth generation is shown
in each case by the small number of births recorded. Therefore
it may be well to neglect the eighth generation and find the
mean of the six preceding periods; which modification increases
the length of the mean period in A from 33.3 to 34.5, in B

502

Chandler — The Inter- Generation Period.

from 34.3 to 35.5, in C from 32.7 to 34.3, and in D, in which
the eighth generation is evidently exceptionally incomplete,
from 31.6 to 33.7.

These corrections seem to be in the direction of greater ac¬
curacy, and at first they indicate a strong probability that the
correct period is somewhat greater than one-third of a century.
But, on the other hand, it is necessary to recognize an uncer.
tainty exceedingly difficult to estimate, but presenting a strong
probability that the error in mean periods, derived like these
from family records and printed histories, is in the opposite di¬
rection, and that the true period is shorter than the one thus
obtained. For in all such histories the lines of descendants
from sons are likely to be recorded far more fully than those
from daughters, which are generally widely scattered in the
records of the families into which they had married ; and, since
daughters are likely to marry at an earlier age than sons, the
probable resulting error is as stated.

If investigations in the opposite direction could be made with
equal ease, that is, if a person’s ancestry could be traced as
easily as the descendants of a common ancestor, not only would
this difficulty be avoided, but there would also be eliminated
from the computation the effect of the dates of birth of children
dying unmarried or without offspring, and who therefore should
not be considered in determining the period of successive gen¬
erations. But such an investigation requires far greater labor
and patience than the search in the opposite direction, since the
facts are so widely scattered in different books of record.

Table E, however, shows a tolerably complete record, also
represented graphically by Diagram 2, of the ancestry of two
children, the mean date of whose births was 1876, extending
back to include 11 of the 512 ancestors of the tenth generation.
The mean of these nine periods is 32.2. But it is evident that
the earlier of these generations are represented by too small a
part of their members to furnish a reliable basis for a conclu¬
sion. There are, however, no vacancies in the last five genera¬
tions, only three of the thirty-two members of the sixth are
missing, and more than half of the seventh generation have been

Diagram 2. Ancestors.

Trans. Wis. Acad., Vol. XII.

The Inter- Generation Period.

503

located. Neglecting, then, the first three generations presented,
the mean of the remaining periods is 33.3.

E F

X

11

1586

24

90

VI

9

1602

28

94

IX

21

1610

36

101

V

14

1630

31

103

VIII

40

1646

30

98

IV

13

1661

35

95

VII

33

1676

35

100

III

7

1696

37

VI

27

1711

33

93

II

3

1733

23

V

16

1744

32

98

I

2

1756

IV

8

1776

28

100

II

11

1790

34

III

4

1804

38

III

64

1822

32

II

2

1842

34

IV

113

1855

33

99

I

2

1876

V

167

1880

25

90

164

403

Mean

period .

. 32.2

Mean

period .

. 30.9

Omitting generations VIII, Omitting first and last gen-

IX and X... . . . 33.3 orations . 32.1

The graphic representation of this family may be examined
from a somewhat different point of view. Opposite the place
of the earliest ancestor of each name is given the mean period
computed on the line from that ancestor to the common descend¬
ants in which all the lines unite. These fifty-seven periods lie
between the extremes 27.3 and 36.7, and they give a mean value
of 33, if the line from each ancestor is allowed the same weight,
a course which perhaps is hardly correct, since some of these
lines include many more generations than others. But it is
largely true that these long lines have become known not merely
by favoring accident, but because a tendency to early marriages
brought more generations within the time and conditions limit¬
ing the research, which gives these families an undue influence
in the determination. It may, therefore, be just to allow these
two considerations to balance. But, if each line be given a
weight proportional to the number of generations included, the
corrected mean becomes 31.5.

Table F presents five generations of the ancestors and four
generations of the descendants of the couple represented by gen¬
eration I, and gives a mean inter-generation period of 30.9. But

504

Chandler — The Inter- Generation Period .

it is evidnet that the first and the last of the ten generations
are sadly incomplete; and, if these be omitted, the mean period
rises to 32.1.

In the preparation of this paper considerable search has been
made for lines extending through a larger number of generations
than any that are here shown, but it has had very indifferent
success. Such lines of descent, when claimed for families of the
commonalty, usually present doubtful points of connection, and
rest .under suspicion of being due to more or less of ingenious
fabrication; and, while royal and noble lines are to be found,
such lines of course are generally along the older branches of
the family, and so give a period much shorter than the true
one, although the tendency in such lines to follow descent through
sons counteracts this in part. The line from William the Con¬
queror to Queen Victoria offers an illustration. It covers
twenty-five or twenty-seven periods, according to the ancestral
line which is followed, and gives a mean period of 31.7 or 29.3
years.

Perhaps a fair summary of the results of the work presented
in this paper may be thus stated. The more nearly complete
the record of births in each generation and the greater the num¬
ber of generations included in the examination, apparently the
greater is the tendency to a mean period of one-third of a cen¬
tury.

Ripon , Wis ., December , 1898 ,

COMBINATIONS OF PYTHAGOREAN TRIANGLES AS
GIVING EXERCISES IN COMPUTATION.

BY TBUMAN HENRY SAEFORD.

It has been the author’s habit to practice his pupils in compu¬
tation, in order to test and increase their numerical skill, by-
teaching them to form and calculate triangles whose sides are ex¬
pressed in whole numbers and whose areas are also so expressed.
The simplest way to obtain such triangles is to combine Pytha¬
gorean triangles after the example of Hero of Alexandria, emi¬
nent as an engineer as well as a mathematician. Hero was
the inventor of the Hioptra, an instrument containing the germ
of the theodolite. He was also the inventor of the Aeolopile,
a precursor of the steam engine, and in all probability also the
inventor of the well known formula for the area of a triangle
whose sides are given.

Among his works is found the remarkable triangle whose
sides are 13, 14, and 15, and whose area is 84. Hero put to¬
gether this triangle by combining the two Pythagorean triangles
whose sides are 5, 12, and 13 and 9, 12, and 15 respectively.
The area of the combined triangle 84 is the sum of 30 and 54,
the areas of the two Pythagoreans. A combination of the same
two Pythagoreans can be made in another way, giving the tri¬
angle whose sides are 4, 13, and 15 and whose area is 24, the
difference of the areas 30 and 54. These methods can be em¬
ployed with any pair of Pythagorean triangles which have a
common leg; in the case of Hero’s pair 12 is the common leg.

We may apply Hero’s method to the two Pythagorean tri¬
angles whose sides are 10, 8, and 6 and 17, 15, and 8 respect¬
ively. We thus get the triangles whose sides are 10, 17, and
21 and 9, 10, and 17 respectively. The areas by Hero’s formula

506 Safford — Combinations of Pythagorean Triangles.

are 84 and 36, the sum and difference of the two areas of the
right angled triangles 60 and 24 respectively.

This series of processes can be extended to as many pairs of
Pythagorean triangles as we please, provided always that the
common leg required be brought about by multiplying the parts
of one triangle by a whole number.

In Table I, I give a series of Pythagorean triangles, computed
by Sir George B. Airy, the late astronomer royal at Greenwich,
(Nature, 33, 532.) This table seems to me to give a sufficient
selection of Pythagorean triangles for practical purposes. It
can be extended by the formulae

x — 2 fab
y =/ (a?—b2)
z=/(a2+&2)

in which a and b are two numbers relatively prime, and / is
any whole number or, if both a and b are odd, is the half of
any whole number. Thus if a— 7, 6= 1, f—\ we shall have

a = 21
y = 72
2 = 75

In Table II, I give a selection of triangles whose areas are
whole numbers derived from the combination of those given in
Table I.

They can be readily tested, and to indicate the method I
give the calculation of Triangle No. 14, whose sides are 41, 51,

and 58.

a — 41

(s-a) = 34

tan y2 A = f

y2 A =21° 48' 5'

6 = 51

(s-b) = 24

tan^^ = ^

= 32 19

c= 58

(s-c) = 17

tan y2 C = £

y2 c = 38 29 35

8 = 75

Hence r =

4/34.24.17

75 &

Sum of half angles, 89° 59' 59'

In computing the angles I used a five figure table of natural
tangents, which is usually sufficient to give the sum of the

Combinations of Pythagorean Triangles.

507

half angles 90° within a second; tenths of seconds can be ob¬
tained with six figure logarithms as a usual thing.

After the tangents of the half angles have been computed as
whole numbers or vulgar fractions, I need not say that they can
readily be checked by the ordinary trigonometric, or more
properly goniometric, formulae, which will show that the sums
of the half angles are 90° in each case. Thus in our example

tan 34 0 = = H

The writer regards it as an orderly method of teaching
Trigonometry to deal with the functions without logarithms be¬
fore the pupils are required to learn the trigonometric arti¬
ficialities. In the method which the writer prefers Trigonometry
becomes the first mathematical subject of Freshman year, and
the extension of Algebra is deferred till Trigonometry is pretty
well understood, at least in its elements.

I must defer till another occasion some suggestions relating
to the construction of tables of the natural trigonometric
functions.

Table I.— Sides of Pythagorean Triangles.

X

y

z

X

y

z

3

4

5

33

56

65

5

12

13

16

63

65

8

15

17

48

55

73

7

24

25

36

77

85

20

21

29

13

84

85

12

35

37

39

80

89

9

40

41

65

72

97

28

45

53

15

112

113

11

60

61

17

144

145

33

508 Safford — Combinations of Pythagorean Triangles.

Table II. — Sides of Triangles whose Areas also are expressed by
Whole Numbers.

No. of No. of

triangle.

a

b

e

triangle.

a

b

c

1

13

14

15

19

52

61

87

2

4

13

15

20

23

61

68

3

10

17

21

21

21

61

68

4

9

10

17

22

53

100

141

5

51

52

53

23

51

53

100

6

4

51

53

24

53

339

364

7

29

75

92

25

53

308

339

8

29

52

75

26

143

339

350

9

13

37

40

27

77

145

156

10

13

30

37

28

145

147

194

11

15

41

52

29

113

145

194

12

15

28

41

30

53

117

136

13

43

61

68

31

53

80

117

14

41

51

58

32

73

143

180

15

33

41

58

33

73

84

143

16

25

74

77

34

45

89

116

17

25

63

74

35

89

116

123

18

61

74

87

36

73

148

195

37

73

85

148

Williams College , December 24, 1898.

CHARTISM- A CHAPTER IN ENGLISH INDUSTRIAL

HISTORY.'

EDWARD D. JONES, PH. D.

Instructor in Economics and Statistics , University of Wisconsin.

Chartism stands for an important though somewhat indefinite
part of the great industrial revolution of England. It had its
roots in economics, its manifestations in politics. It was an
agitation of the masses. To understand chartism we must first
look into the causes which set the masses in motion.

GENERAL CONDITIONS.

At the opening of the nineteenth century England was chang¬
ing from an agricultural to a manufacturing nation. The tran¬
sitional period was one of suffering and uncertainty and of ill-
directed attempts at reform. One of the most important facts
of England’s condition was perhaps the high price of food. Liv¬
ing expenses were high compared with what they had previously
been. This was due to the war with France and to a gradual
increase of the population above what the agricultural resources
of the country would support. These high prices were but one
symptom of the fundamental industrial change which was taking
place.

The growth of the factory system had already stranded many
hand producers and antiquated the skill of many artisans. It

1 General references: File of the Northern Star, of Cooper’s Journal, and
of Politics for the People; Martineau, History of the Peace, Vol. IV.;
Knight, History of England, Vol. VII.; Tooke, History of Prices; Hodder,
Life and Works of the Seventh Earl of Shaftesbury; Engel, Condition of
the Working Classes in England in 1844; McCarthy, History of Our Own
Times; Carlyle, Chartism; Kingsley, Alton Locke and Yeast; Besant, All
Sorts and Conditions of Men; Reade, Put Yourself in His Place. Articles:
Frazer’s Magazine, Vol. 37, May, 1848; Eclectic Review, Vol. 23; Black¬
wood’s Magazine, Vol. 63, June, 1848; Century Magazine, Vol. I.

510

Jones — Chartism.

developed the power of masses of capital before labor learned
to mass itself wisely for resistance. The ethical and social as¬
pects of the new method of production, as it built itself upon
the ruins of the old order, were anything but encouraging.

The gathering of workmen together in factory towns, made
up of one class of population, took them away from the villages
and country districts where there had been some sort of friendly
social intercourse between themselves and the middle classes
and the local landlords. In the “Deserted Village,” which
Goldsmith mourned, they had known and respected the personal
life of the village parson, and they had themselves been consid¬
ered as friends and neighbors and not merely as one of the costs
of production. When the wage- earners passed into the factories
their dwellings were huddled together in separate quarters of
large cities. Lord John Russell said in a speech in Parliament,
describing the great manufacturing and mining districts of
England: “The mass of the people there were constituted of
one great working class and of the few individuals by whom
they were employed, and who had but little connection with
them of the sort calculated to produce that species of subordi¬
nation which prevailed in other communities. In those districts
of the country there were not those means of religious and
moral instruction which were required for knitting men together
in society.” There was great promiscuity both as to living and
sleeping rooms. The overpopulation of certain city districts
resulted in dirty streets and imperfect sewerage. There was a
lack of parks and playgrounds for children. There was little
opportunity for recreation of any sort except such as could be
made to support vicious institutions. Prices of edibles rose so
high that huxters were known to have done a thriving business
in selling putrid meats and decayed vegetables. Such articles
even found their way into city markets, for the inspection was
not as rigid as it is at present. Cheap clothing of rotten shoddy
fibre took the place of the warm and durable homespuns.1 The

1 Carlyle described the clothing of the poorer classes thus: “ They wear
a suit of tatters, the getting on or off which is said to be a difficult opera¬
tion, transacted only at festivals and the high tides of the calendar.”

General Conditions.

511

large agglomerations of poor and ignorant persons in manufac¬
turing towns furnished the prey for dishonest production and
pettifogging trade. Lack of shrewdness and ready money kept
the laborer a victim of the tradesman. Physical ailments, un¬
pleasant homes, and ignorance gave the liquor traffic a disas¬
trous hold upon those who were least able to squander their
earnings. For an English laborer, the years of life, beyond
those of self-supporting activity, were almost certain to be spent
in an almshouse. The end was a pauper’s grave. The condi¬
tions of the agricultural districts were not so bad though the
scenes presented in Chas. Kingsley’s Alton Locke and Yeast are
anything but pleasing. “ There was not so much to complain
at in the laws, ” wrote one farmer to a people’s paper, “ except
perhaps the poor laws, but at certain customs which had out¬
lived their time and which bore down with crushing weight
upon the laborers. ”

Before the close of the war with France, bread was at famine
rates and wages at their lowest. The working classes were
forced down into a position of destitution from which it later
took the most determined efforts to raise them. The landed
aristocracy were strongly intrenched in the government and
were grasping enough to desire to continue war prices, for agri¬
cultural products, after the war was over. For a time the corn
laws were manipulated to produce this effect.

In addition to what has been mentioned there were other dis¬
couraging features in the situation of England at the opening
of the century. The evil possibilities of unwise laws were fully
exhibited in the workings of the English poor law. The statute
upon which this rested, the 43d Elizabeth of 1601, has achieved
a really historic notoriety. The intention of this law was a
commendable one, namely, to furnish work for the poor. But
in the early part of this century the administration of the law,
in the hands of ignorant and selfish local officials, was utterly
incompetent. Work was not provided as the act originally con¬
templated, but money was given to the poor and that without
due investigation. Too large an allowance was given to parents
to support children, and more was given to support illegitimate
than legitimate children. Thus poverty became an engine to

512

Jones — Chartism.

break down prudence and virtue. Notwithstanding that money
was unwisely given, the system set one parish against another
and put each on the watch to shift its burdens as far as possible
upon other parishes. This, together with strict laws of settle¬
ment, for a time prevented the free movement of labor. But
by 1795 the strictness of the laws of settlement was relaxed
and the England of the period we are considering was charac¬
terized by migrations of the lower strata of society. The Eng¬
lish poor laws were not reconstructed until 1834. During that
year the total poor rate of England was £6,317,254, while in
1836, under the new system, it was only £4,717,629. The old
law took away some of the most necessary restraints upon the
increase of population and was the instrument in building up
an industrially superfluous class, composed of improvident per¬
sons, brought up with the utmost negligence, and left to prey
upon society through one of two alternatives; pauperism or
crime.

It must be remembered in connection with these things
that there seemed to be little or no hope of obtaining relief
through government. Parliament was dominated by the landed
aristocracy, which was not concerned with the troubles of
the manufacturing population. At this time Parliament was
probably more often thought of as a council to assist the King
than as a body to represent and act for the people. The polit¬
ical situation abroad was also calculated to arouse uneasiness.
The people of Europe were demanding constitutions on all sides
and monarchs were constrained to protect themselves through
the union which the Holy Alliance afforded.

As to the church, “Parson Lot” (Chas. Kingsley) and, somewhat
later, many others admitted that the Bible had been used “ as a
mere opium-dose for keeping beasts of burden patient while
they were being overloaded. ” The sufferings of England awakened
Shelley, beyond the Alps, and impelled him to write in 1819, a
most vigorous protest, though in rather poor verse, entitled
“ The Masque of Anarchy. ” The poet demands that there shall
be a great assemblage where the poor and their oppressors shall
meet and the former shall triumph by the force of the majesty
of their presence and the justice of their claims. This poetic

Chartism and the Reform Bill.

513

picture often served as an inspiration to chartist meetings later
on. This, then, was the soil in which Chartism grew.

CHARTISM AND THE REFORM BILL.

The Chartists were always deeply concerned with the move¬
ment toward popular representation in parliament and the en¬
franchisement of the masses. Agitation along these lines was
early begun in England. This movement passed through many
stages of its evolution before Chartism became an influence in
it. As early as 1783 a committee, of which Chas. J. Fox was
chairman, was selected by the electors of Westminster to draw
up a statement of desired political reforms. This committee, in
their report, produced a truly noteworthy document. They rec¬
ommended annual parliaments, universal suffrage (by this term
was meant manhood suffrage), equal voting districts, no prop¬
erty qualifications for seat in the Commons, voting by ballot,
and the payment of the members of parliament. This was not only
progressive for its time but it anticipated the points of the
" People’s Charter ” from which Chartism was named. In 1792
there was founded a “ Society of Friends of the People ” which
was active in pushing the reform bills and which sympathized
with the wage earning classes in their sufferings. To this so¬
ciety belonged Chas. (later Earl) G-rey, James Mackintosh, and
others equally prominent.

As a result of distressing economic conditions and political
appeals to the masses, in connection with the suffrage, a gen¬
eral ferment began to work in the lower orders of society. The
first evidence of this was a general increase in crime. There
were frequent explosions in factories. The property of em¬
ployers was burned and assaults were made upon disliked per¬
sons. General depredations became of annoying frequence in
the manufacturing ^centers of the country. The “ Henry Hunt
Movement, ” at this time prominent, was characterized by fre¬
quent outbreaks of violence. Associations sprang up amongst
workmen all over England. Their methods were in most cases
secret and must be admitted to have been frequently unlawful.
It is known that prices were sometimes set on the head of

514

Jones — Chartism.

" knobsticks, ” as workmen who took the place of strikers were
called. Arrangements were made for preventing the use of
machinery and persecuting employers in numerous ways.1 But
all this was hardly more than mere ruffianism though the causes
of it were serious enough.

The economic distress of the time stirred up the lower elements
of society to revolt. The direction which their first definite
movement took was determined by the prevailing ideas of the
time. Political reform was in the wind and they threw them¬
selves in line with it. The first stage of Chartism was involved
in the passage of the Reform Bill of 1832. The discussion of
this question occupied the arena of public thought when suffer¬
ing drove the factory and farm hands of England to take up
their own cause. To draw these ignorant classes into their
campaign was an easy matter for the Whig defenders of the
Reform Bill. In this way they severed Chartism from the is¬
sues we should have expected it to represent and made out of it
a sort of tail-piece to the Whig reforms of the early thirties.
The Whigs were frequently accused of filling their political sails
with the rising storm of popular impatience and, when later it
passed out of their control, they were roundly denounced by the
conservatives for having, as they thought, conjured it up.

The puzzle of Chartism lies in the fact that though the griev¬
ances of the average Chartist sympathizers were economic, the
movement they supported was persistently devoted to the ex¬
tension of the suffrage. The causal connection between eco¬
nomic injustice and the indifference and aristocracy of government
was not doubted by Chartists. They expected through govern¬
ment to set economic matters right. We have evidence here
how little serious influence laissez-faire ever existed with the
English workmen. The politics of the Chartists were, as Adolf
Held said, purely a “ magenfrage. ” 2 Rev. Stevens, one of the
Chartist leaders, when addressing a vast crowd of men at Ker-
sall Moor, near Manchester, said: “Chartism, my friends, is
no political movement, where the main point is your getting

1 Chas. Read©, Put Yourself in His Place.

2 Sozialismus und Sozialdemokratie , p. 87.

'Chartism and the Reform Bill. 515

the ballot. Chartism is a knife and fork question: the Charter
means a good house, good food and drink, prosperity, and short
working hours. ”

The first Reform Bill was introduced into Parliament in 1831.
It contemplated three great changes: I. Abolition of rotten
boroughs, II. Representation for large towns, III. A wider and
more equal distribution of the franchise. It was opposed by
the lords, the clergy, the army and navy, the Inns of court,
and the universities. It was favored by the press, the manufac¬
turing interests, and the masses generally. The struggle in
Parliament was intense. When the bill was carried in the
Commons by a small plurality the issue was taken to the people.
The new Parliament, largely reform in its sympathies, took up
the matter in a new bill. This was discussed until just before
the coronation of King William IV., when it was carried by the
House of Commons and rejected by the lords. Excitement at
this time was very high. Parliament was prorogued for a
month. Peers were frequently attacked on the streets. Sixty
thousand persons petitioned the King in behalf of the bill.
Conspiracies were so numerous that it was found necessary to
prohibit political associations by proclamation. Riots occurred
all over the country. Extreme doctrines of every sort were
readily listened to. Every shade of socialism and anarchism
appeared.1 The more ignorant classes resorted to violence as
usual. When Parliament met under the new reign a third bill
was introduced. This being amended by the Lords, the King
was asked to authorize the creation of new peers. When he
hesitated the ministry resigned. The opposition was, however,
not able to form a government. Grey was summoned to return
and the creation of new peers was authorized. The lords im¬
mediately withdrew their opposition and the bill was finally
passed in June of 1832.

1 R. Pauli Staatengeschichte der Neusten Zeit, II, 80. In 1831 the
red flag of anarchism was carried in English riots. Chartist papers long
urged that the land of England should be made public property and that
various industries should be socially managed when the government should
become sufficiently democratic.

516

J ones — Chartism.

PERIOD OF SUSPENSE.

So long as the Whigs pushed the Reform Bills vigorously the
forces of Chartism were content to remain an unorganized ele¬
ment in their following. But the time came when the leaders
of the party thought they had gone far enough. The majority
of their constituencies abided by their decision, but the unen¬
franchised classes, an element untutored in the art of party
compromise and never before dealt with by English politicians,
were not so docile. However, they stayed action for a time to
see what the effects of the new measures would be. The Parlia¬
ments returned under the new franchise law were liberal in
their tendencies and accomplished many things in the next few
years, though they were such things as did not bring immediate
and tangible results to the wage-earning classes. Some abuses
connected with the church were corrected; the privileges of the
East India Company were removed, and slavery was abolished
in the British Empire. Liberal grants were made for educa¬
tional purposes; the poor laws were amended and many indus¬
trial restrictions were removed. The agitation for the freedom
of the press was at this time fought through. The people
waited for the material results of these reforms. There was a
short breathing spell. But they were at no time entirely satis¬
fied with what had been done and they waited in distrust. It
was still complained that but one man in seven had the right of
suffrage. The Whig leaders were pressed to carry forward the
work begun. The cry of “traitor!” was raised when they de¬
clared that they would go no further. A writer in Blackwoods
Magazine , discussing the discontent of the period said: “ What
is the prevailing cry of the Chartists and universal suffrage
men? It is that they have not obtained the fruits of reform;
that they have been misled and deceived by their Whig leaders;
that all the real and practical grievances of which they formerly
complained are still in existence; that wages are as low, pro¬
visions as high, taxes as heavy as ever, that the sway of the
middle classes has proved more oppressive than ever that of the
old borough-mongers; and that the new poor-law has deprived
them of their rights of birthright inheritance in a way which

First Period of Independent Chartist Activity. 517

would never have been attempted by the ancient guardians of
the realm. ” The reforms inaugurated did not affect the eco¬
nomic life of the masses to their satisfaction. The Chartists
had only to look about at home to see that the “knife and fork”
•question had not been solved. Agitation and violence soon be¬
gan again.

FIRST PERIOD OF INDEPENDENT CHARTIST ACTIVITY.

After the Whigs completed in 1832 what they had to do in
regard to the suffrage, Chartism for the first time became a dis¬
tinct movement. Chartists were dissatified with what had been
done but, peculiarly enough, continued along precisely the same
lines of agitation. They even refused to be drawn into com¬
bination with the Whigs for the repeal of the Corn Laws or to
help push through the bill for a ten hour day.

Throughout this whole history there can be distinguished two
elements. There are two distinct sources of discontent, two
classes of people, and two types of policy. On the one side was
a movement for more liberal government, begun as a theory, de¬
veloped as a political movement in the hands of the Whigs, con¬
tinued as an unsatisfied agitation for universal suffrage, and
ending in a gradual and natural evolution. On the other side
the economic conditions aroused the massess to a revolt which was
amorphic and spasmodic and attended with much violence. Its
history embraces the activity of many mobs and rioters, of secret
organizations of workingmen, and of a few radical clubs and so¬
cieties. Partaking of the nature of each of these was the
“ Henry Hunt Movement ” which was active for fifteen years be¬
fore it became a part of Chartism in 1837. It is easy to see
that there would be a lack of harmony between these two ele¬
ments. To one class political reform was an end, to the other
a means. These factions worried along together for several
years; but the differences in spirit and aim became too evident
to ignore. A separation was inevitable. It came over the
question of the means proper to employ in carrying on agita¬
tion. The Universal Suffragists desired a law abiding agitation
of a political character and became " Moral Force ” chartists.

518

J ones — Chartism.

The Hdntists were for fair words only so long as they would
prevail and they became “ Physical Force ” chartists. The first
element was the brains, the second the body of the movement.

Let us first follow the Moral Force chartists. The Universal
Suffragists formulated their demands at once upon the passage
of the Reform Bill and they pursued a steady consistent policy
in advocating their ideas. There were many semi-political so¬
cieties existing among the unenfranchised. One of the most
prominent of these was the National Union of the Working
Classes at London. In this Union was Henry Hetherington
who was in a sense its leader. He has been credited with being
the pioneer of the outspoken part of Chartism. He, with Wil¬
liam Lovett, James Watson, and others, was for an educational
campaign only and decried the use of violence. A set of prin¬
ciples was drawn up by Hetherington and his followers in the
National Union. It was used by the framers of the “People’s
Charter ” and contained the following points :

The right to all honestly acquired property is sacred.

The recognition of the equality of men and of certain natural
rights is the only just foundation upon which government can
rest.

All hereditary destinctious are unjust.

The suffrage should include every law-abiding adult male of
sound mind.

In order to secure proper representatives voting should be by
ballot.

Parliaments should be elected for but one year.

These principles were declared to be essential to the protec¬
tion of the workingmen and no reforms were to be considered
satisfactory which did not embody them.

In 1837 the same Union drew up a petition to be presented
to Parliament. It was prepared by Mr. Hetherington and was
signed by 3,000 persons. Later in the year a conference was
held with some of the liberal members of the House of Commons.
At this conference twelve persons were selected to draw up a
bill which was to be introduced in Parliament. On the com¬
mittee were six members of Parliament, among whom were
Daniel O’Connell and John A. Roebuck. As deputies of the

First Period of Independent Chartist Activity.

519

workingmen there were Henry Hetherington, John Cleave, James
Watson, Richard Moore, William Lovett, and John Vincent.
Lovett wrote the document and Roebuck, who introduced it in
Parliament, advised on legal points. The draft of the bill was
endorsed far and wide by labor and other organizations and be¬
came the famous “ People’s Charter. ” The principal points of
this bill were the same as those embodied in the report of Chas.
Pox to the electors of Westminster in 1780. They were:

I. Manhood suffrage.

II. Annual parliaments.

III. Vote by ballot.

IV. Abolition of property qualification for seats in Parlia¬

ment.

V. Payment of members of Parliament.

VI. Division of the country into equal electoral districts.

Three of these six points have since been practically realized,
namely: manhood suffrage, vote by ballot, and abolition of prop¬
erty qualification. The division of the country into equal elec¬
toral districts has been practically realized. The remaining
two demands, one for annual parliaments, the other for payment
of members, do not seem to be vital points under the present
system.1 This petition, composed of as reasonable a series of
demands as it was, and backed by a lively popular sentiment,
was almost entirely ignored by the statesmen and prominent
thinkers of the day. Leigh Hunt, Carlyle, Kingsley, and a few
others only seemed to realize its significance and to understand
the meaning of the struggles of the time.

The next move after drawing up the bill was to bring pressure
to bear upon Parliament to consider it. A petition was accord¬
ingly set on foot. A national convention of Chartists was called
to meet at London in 1838. Delegates to the number of fifty-
three assembled. The convention was composed of Moral Force
Chartists and proved to be a temperate and sensible body. A
public statement of principles was made and arrangements com¬
pleted for presenting their petition to the House of Commons.

1 In 1892 (March 25) a resolution looking toward payment of members
was lost in the House of Commons by 272 to 162 votes. This demand is a
plank in the platform of the English Socialistic Labor Party.

520

J ones — Chartism.

In this all classes of Chartists joined. When the huge mass of
paper was rolled into the House, Mr. Atwood, who acted as the
delegate of the Chartists, was allowed, contrary to precedent
to make a speech in presenting it. But all this produced no
appreciable effect. The Commons scarcely noticed the bill or
the petition. A move to consider them was defeated by a ma¬
jority of 189 in a House of 281 members. The Chartists be¬
came discouraged. Meanwhile the actions of the Physical Force
wing of the agitation so disgusted the better classes of society
that the entire movement was discredited. Universal suffragists
refrained henceforth from taking active part in any kind of
demonstrations.

The Physical Force wing was always unable to pursue any
systematic campaign. Its fortunes rose and fell with the in¬
crease and decrease of misery. So when in 1836 English trade
began to show signs of distress, the effect was soon appreciated
by agitators and demagogues. The scant harvests of 1836 and
the extreme severity of the winter of 1836-37, followed as it
was by unheard of frost and snow in the middle of summer,
caused great distress. Strikes became numerous and through
them the workmen’s associations took occasion to thrust their
political grievances into notice. Meetings were held at which
the most inflammatory language was used. Often Chartists
came together after sunset, with torches, and were addressed by
such leaders as Feargus O’Connor, Earnest Jones, John Frost,
and Stevens. These meetings were more than once followed by
barn and hay-rick burnings and by attacks upon the local
police. In the summer of 1839 there were almost constant out¬
breaks at Birmingham, Sheffield, and other manufacturing
centers. Of the condition of popular sentiment in England at
this time Carlyle said: “Sullen, revengeful humor of revolt
against the upper classes, decreasing respect for what their
temporal superiors command, decreasing faith in what their
spiritual superiors teach, is more and more the universal spirit
of the lower classes. " The period lying between the years 1838
and 1840 has often been designated “The Dark Times. ”

The leader of Physical Force Chartism was Feargus O’Connor,
a gigantic Irishman, of outspoken manner and great enterprise

The Parade of 18J+8.

521

and activity. He was an enthusiastic speaker and was possessed
of a disposition that made him the natural leader of the more
boisterous element. He was the proprietor and editor of the
Northern Star and the originator and director of the National
Land Co., a scheme for home colonization, which got no further
than to use for campaign purposes the subscriptions paid in
to it by workingmen. O’Connor was elected to Parliament for
Nottingham in 1847 and he kept up a vigorous attack in the
House of Commons and addressed mass-meetings all over Eng¬
land.

One method of the Chartists of this period was to attend city
churches in large numbers, marching in ranks to and from the
services. They often wore badges and usually sat as nearly
in a body as possible, their aim being to attract attention to
themselves and their condition. Upon one occasion a body of
Chartists in Manchester ventured to send directions to the pas¬
tor of the Old Church, from what text he should preach. On
the following Sunday the church was packed by Chartists but,
when the text was announced, they arose in a body and left.
The preacher had not taken their text but chose the passage
“ My house is the house of prayer, but ye have made it a den
of thieves. ”

When the year 1840 was passed the most dangerous years of
Chartism were over. Plentiful harvests came again. The dis¬
tress passed from trade. The government which had been wait¬
ing for excitement to subside, in order that juries might be
gotten to convict, asserted itself and many Chartist leaders
were imprisoned. Others left the country.

THE PARADE OF 1848.

Throughout the first few years of the forties the forces of
Chartism worked only in a quiet way. The evolution was a
silent one molding men’s minds and preparing them for the re¬
forms which were to come after the turbulence of 1848 should
have passed away. The withdrawal of the Moral Force element
from Chartism was the decapitation of the movement; yet the
corpse was, by a mighty effort, galvanized into a state of^ap-

522

Jones — Chartism.

parent life and activity. The demonstration of 1848 belongs to
the history of Physical Force Chartism.

At a time when there was in England a seeming lull in affairs
and when there was no great question before the country, the
fall of the monarchy of Louis Philippe in France was announced.
The frantic republicanism of the victors spread like a contagion
all over Europe. The year 1848 is known as the year of revolu¬
tions. There were insurrections in Sicily (as usual) and in Italy.
There was fighting in Austria and anarchism and socialism in
Berlin. The Irish revolted and serious conflicts took place be¬
tween the Orangemen and Roman Catholics.1 It was but nat¬
ural that a certain class of Chartists should feel a quickening
of the pulse. Many looked upon the actions of the French Re¬
publicans as an example which, as they often hinted, circum¬
stances might compel them to follow. It was planned to hold a
great conference in London in March of 1848. Arrangements
were there made for gathering the signatures to a monster peti¬
tion which should eclipse all former ones and should be pre¬
sented to Parliament calling for the passage of the People’s
Charter. While this petition was circulating excitement was
kept up by meetings, many of which were riotous. Over- heated
speakers were continually making threats that England would
see trouble if the petition was ignored. The government took
warning from the disturbances on the Continent and was on the
alert. As early as the middle of March the practice had become
general, in the largest cities, to swear in special constables.
Large bodies of men were provided for London, Manchester, and
Glasgow. Punch said the government of England consisted of
the special constabulary. Succeeding the March convention an
assembly of Chartist delegates, forty-nine in number, came to¬
gether in London on the first of April. This convention decided
upon a grand spectacular movement. All Chartists were sum¬
moned to come to London, on the tenth of April, and assemble
on Kennington Common. From there, in vast array, they were
to carry their petition to the House of Commons and urge its
acceptance, as Shelley would have said, “ by the majesty of their
presence. ” Chartist leaders made themselves believe that their

1 At Dolly’s Bray, Ireland.

The Parade of 18^8.

523

cause could not fail of success. Thoy thought that the people
were on their side and hence the English government would
either be peacefully reconstructed according to their demands or
else that, after a short and ineffectual resistance, it would pass
entirely into their hands. They even discussed in convention
what they should do when they came into control. They deter¬
mined, among other things, that they would “ divide the land
into small farms and give every man an opportunity to get his
living by the sweat of his brow. ” The Chartists alleged that
they had secured the signatures of 5,706,000 persons to their
petition. The proceedings of the convention verged upon open
conspiracy. The sentiment was, that if peaceful means would
not prevail the time had come for drastic measures. The plan
of action formulated by the convention was, that if Parliament
ignored the petition that was to be sent to it, the Queen should
be commanded (to use their phrase) to prorogue Parliament and
call to her aid such ministers as would make the “People’s
Charter ” a cabinet measure. Whether this command was obeyed
by Her Royal Highness or not, on G-ood Friday, April twenty-
first, elections should be held throughout England to choose
delegates to a National Assembly. This should convene in
London, Monday, April twenty-fourth and remain sitting until
the “People’s Charter” should be made the law of the land. In
other words, if necessary, this assembly should constitute a
revolutionary government and constitutional convention.

On the sixth of April the government issued a proclamation
forbidding the Chartist procession which was announced for
the tenth following and also forbidding any meeting to be held
by the Chartists. For the authority of the latter part of their
proclamation they went back to an obsolete but unrepealed
statute of Charles II., passed in 1661, immediately after the Res¬
toration, and which was for the temporary purpose of crushing
the numerous conspiracies of that time. The government was
criticised, even by conservatives, for resurrecting this anti¬
quated bit of legislation; no serious attempt was made to
enforce it. On the seventh, the public offices of London were
supplied with arms in anticipation of a chartist outbreak.
34

524

Jones — Chartism.

Special constables to the number of about 150,000 were
sworn in. The parapets of the Bank of England were fortified
with sand bags, and detachments of the regular army were
placed behind them.

When the fated tenth arrived the Chartist leaders met at nine
o’clock in the morning, in the rooms of the Literary and Scien¬
tific Institute, Fitzroy Square. Many wore in their hats
cockades of red, white, and green ribbon, the Chartist colors.
The crowd that naturally assembled in Fitzroy Square, before
proceeding to the appointed meeting place, was addressed by
Chartist speakers. O’Connor, the acknowledged head of the
movement and the one always depended upon for fire and
enthusiasm, was loudly called for. On this occasion, to the
surprise of everybody, he took up much of his time explaining
that he was really unwell, aud had a doctor’s certificate which
would entitle him to stay at home. He urged the Chartists
not to come into conflict with the authorities, who were armed
to the teeth and who, he said, were thirsting for their blood.
Finally he asked them to forbear for his sake, as he had received
many warning letters to the effect, that the authorities would
first of all fire upon him.1 Earnest Jones, of more fiery temper,
followed with a speech in which he expressed much surprise
that at the last minute they should be counseled to back down.
The crowd was divided in opinion. Thus, through hesitancy
and disagreement, what might have ended in a revolution did
not even produce an effective mob.

The officers of the organization repaired to the place of
meeting riding in a highly decorated car. Kennington Common
is south of the Parliament Houses and across the river from
them. They crossed the river, probably by the Vauxhall Bridge,
and carried with them the petition which comprised five huge
bales or bundles of paper. The hundreds of thousands of people
who were summoned from all parts of England did not appear.
Reliable estimates made by army officers placed the number at
from fifteen to twenty thousand. Upon attempting to form for
the procession the leaders were stopped by the police and the

1 He promised to worry the government into accepting the charter by
constantly asking questions about it in the House of Commons.

The Parade of 18J+8.

525

crowd was thrown into confusion. It was found furthermore
that the police were in posession of all the city bridges and
that they were thus shut off from the north side of the river
and from the Parliament buildings.1 They cursed their stupidity
in choosing so unfortunate a location. The leaders being humil-
ated desired nothing so much as to get out of sight and court
retirement. The crowd gradually dispersed and sought consola¬
tion, for the remainder of the day, in the ale houses. There
was no procession and after ever thing had settled down, the
bales of petition were quietly carted to the Parliament Houses.
On the north side of the river, in the city, all was orderly. No
soldiers appeared in public. The special police paraded up and
down all day through nearly deserted streets. The city was
more than usually quiet.

The petition was examined by government clerks and found
to contain 1,975,496 signatures. Many sheets of these were
utterly worthless, either showing the same handwriting or filled
with preposterous names. Such signatures as “The Queen,”
“The Prince of Wales” were found among “Harry the Tar” and
the names of favorite characters of fiction. The Illustrated Lon¬
don News in the first issue after April tenth said : “Mr. Feargus
O’Connor has shown that quality which was as good as valor in
Sir John Falstaff and which was still better than valor in him —
discretion. . . . Three hundred thousand Chartists sum¬

moned to Kennington Common have dwindled down to fifteen
thousand. The mountain has laboured, the mouse has been born. ”

The ridiculous character of this demonstration killed Chartism
as an organized power. It did not however alter the main
movement of reform in which Chartism has a place. The im¬
pulses which so long found expression through Chartism ulti¬
mately passed into other lines and gave constituency to various
reforms. The Earl of Shaftesbury wrote in his private diary
under the entry bearing the date April 13, 1848: “Men are
talking, they know not why, and they do not reflect how, of this
slight concession and that; of an ‘enlargement of the franchise, ’

1 From twelve o’clock noon, until four o’clock in the afternoon no one
was allowed to cross the bridges from the Surrey side of London.

520

J ones — Cha rtism.

and other vagaries. No one, except the Chartists, has asked
for it, and they will rest satisfied with nothing short of the
whole. The middle classes are content, and so are nineteen -
twentieths of the working people; but this will be of no avail
against indistinct terrors, ignorant uneasiness, and speculative,
not social, policy. A sanitary bill would, in five years, confer
more blessing and obliterate more Chartism than universal
suffrage in half a century; but the world, when ill at ease, flies
always to politics, and omits the statistics of the chimney-corner,
where all a man’s comfort or discomfort lies. ” 1 There is a good
deal of wisdom in this comment but no one now thinks of call¬
ing the movement for the “ enlargement of the franchise ” which
so fundamentally reconstructed English government, a “ vagary. ”
To the argument of this extract it is only fair to append the
Chartists’ answer which might assume the form of a ques¬
tion: What chance of success would a sanitation bill or any
other radical measure of reform have had in the old aristocratic
Parliament supported by a restricted suffrage?

The violence of the French Revolution ended Chartism by
opening the eyes of the more conservative and reasonable classes
of England to the dangers toward which extremists were lead¬
ing agitation. It precipitated the division of society into two
classes; on the one hand, those who felt they had more to gain
than to lose by the maintenance of the existing order, and, on
the other, such as believed they could improve their fortunes by
revolution. As soon as this destination was clearly drawn
Chartism was at an end.

Chartism introduced the masses to the larger issues of social
and political life, and it is not to be wondered at if they blund¬
ered after the fashion of a player learning a new game. It must
not be forgotten also that many criminal and violent men and
many demagogues preyed upon the Chartist movement. We
should discriminate their acts from the acts and opinions of the
majority. A few turbulent Physical Force leaders engineered
the farce of 1848 ; the majority staid quietly at home. A view
of Chartism to some degree sympathetic, is necessary to enable

1 Hodder, “ Life, etc.” p. 393.

Influence of Chartism.

527

us to understand the sympathy and support which the cause re¬
ceived trom a few of the choicest spirits of the age in which it
occurred.

INFLUENCE OF CHARTISM.

When Chartism passed away the Liberal Party fell heir to
much of its constituency. The effect of this was noticeable in
the progressive policy soon adopted by that party. It is im¬
possible to consider that the influence of Chartism ceased en¬
tirely with the year 1848. It fallowed the ground, so to speak,
for subsequent reforms. One evidence of this is the luxuriant
growth of newspapers and periodicals and debating clubs of all
sorts that sprang up for a time advocating every sort of re¬
form. Most of these were short-lived, it is true, but they
evinced the breaking up of traditional lines of thought. There
was, for example, the penny periodical entitled “ Politics for
the People ” advocating sanitary reform, extension of parks
and general municipal reform, education and socialized religion.
The weekly entitled “ The People ” advertised itself as the ad¬
vocate of reform in general, seeking to promote the free and full
development of the whole human being. To this end it advo¬
cated teetotalism, dietetics, and the healing art, phonography,
phrenology, and reform in theology. As may be seen from such
an announcement, pretty much every line of thought was shaken
up at this time. It could scarcely be but that progress would
result in some of the many directions which inquiry took.
Those supporters of Chartism who passed into the Liberal
Party turned the government to the serious consideration of
economic problems. Another portion aided in the regeneration
of the English clergy. The Tractarian movement displayed as
a central thought the yearning to recover for the church its
leadership and to make it worthy to revive the idea of the
fatherhood of the church toward its members. The people had
shown themselves to be like sheep without a shepherd while the
church primates had, from the seats of the scornful, exercised
only a negative influence. Another closely allied line of reform,
the Young England Movement, was toward re-establishing inti¬
mate relations between the aristocracy and the common people.

528

J ones — Chartism.

It aimed to reinstate that ancient condition in which the nobility
were the friends, advisors, and leaders of the people. The agi¬
tation for universal suffrage was carried on with moderation by
two influential societies formed after 1848; The People’s League
for Manhood Suffrage and The People’s Party of Parliamentary
Reform. The great hobby proposed as a counter influence
by the opponents of Chartism, during its later stages, was for¬
eign colonization. The London Times , the Glasgow Daily Mail ,
Blackwood' s Magazine , and other influential publications urged
the colonization of Canada and other English possessions. When
the government was making arrests in the latter part of 1848,
some of the Physical Force leaders personally took up with
this idea with amazing alacrity.

Chartism shows us that movements for reform which begin in
the lower orders of society, are often born of physical misery,
and progress or recede as that fluctuates. The things agitated
for in campaigns so begun have often little connection with the
causes of the afflicting evils. Chartism shows us, as does many
another' popular agitation, the results which always follow from
a lack of competent leadership. Several of the leaders of Phys¬
ical Force Chartism were suspicioned, on good grounds, to have
been insane. When the intelligent classes are arrayed upon one
side and the ignorant upon the other, even though the latter
may be numerically very strong, they cannot hope for perma¬
nent success. Popular movements often make the mistake of
defying rather than attempting to educate and conciliate their
non-sympathisers. Narrow minds proverbially overestimate the
differences that exist between individuals and classes because
of a failure to grasp fully enough the idea of a common human
nature. Chartism opened the eyes of England to the fact that
the upper classes owe a duty of intelligent leadership and as¬
sistance to those among whom they live. Any criticism of the
Chartists for confounding liberty and license strikes back against
the classes who failed to see that power and rank and wealth
imply duty. Chartism demonstrated the solidarity existing be¬
tween social reforms. An advance in politics, economics, edu¬
cation, or religion depends in a measure upon the status of each
of the others, and each feels an impulse from an advance in any

Influence of Chartism.

529

other. Especially is the close connection between political and
ethical progress pointed out; for the one irreconcilable contra¬
diction of Chartism was, that through violence the people were
not showing themselves capable of taking a part in government
but quite the contrary.

Madison , Wis., December , 1898.

A STUDY OF THE GREENBACK MOVEMENT, 1876-84.

ORIN G. LIBBY, PH. D.

Instructor in History , University of Wisconsin.

The economic interpretation of history is one of the most
fruitful contributions of modern historical criticism. It is pe¬
culiarly valuable for its concreteness, furnishing a ready means
for comparison with results already reached in other lines, and
for speedily ascertaining the relative value of the new and the
old. The abstract proposition, with its finespun logic, its care¬
fully drawn deductions, and its infallible conclusions, is thus
relegated to the limbo of mediaeval rubbish. Its place is now
filled by a really scientific laboratory method.

It is not a new idea in history or political economy, that en¬
vironment modifies man and finds expression in his institutions,
his laws, and his daily economic life. The detailed statis¬
tical proof of this in an actual case is not so common, nor is it
easy to demonstrate the rigid working of cause and effect upon
a given community in so narrow a field. What can be shown
to be true for a series of centuries, is not so readily discerni¬
ble for a single generation. Yet the tendencies of human life
should be susceptible of concrete expression for any period of
time, however imperceptible their movement, if only the proper
cross section be made and a sufficiently high magnifying power
be applied. Such a favorable time for the study of the economic
causes of political action may be found in some great upheaval
of public opinion, which re-arranges for a moment a consider¬
able portion of certain most susceptible communities along the
magnetic lines of self interest. The old and steadily conserva¬
tive forces of tradition are for the time paralyzed in some favor¬
able localities and the elemental human desires reassert them¬
selves irresistibly. Not all of these disturbances are economic,

The Greenback Movement, 1876-8 If.

531

many of them are intellectual, social, or religious, or more
likely still a combination of two or more of these in varying
proportions. For the student of history they are among most
interesting chapters in the life of our race.

The object of the present paper is to discuss the economic
side of a question which in one way or another has agitated us
at intervals from the foundation of our government to the
present time. Among the various occasions at which this ques¬
tion was uppermost, may be mentioned the paper money issues
of 1786; the struggle over state and national banks in 1816,
1830, and 1840; relief legislation in Kentucky in 1826; repu¬
diation of state debts in 1845-54; and the Greenback and
Populist movements of recent years.

The early supporters of a paper money policy in 1786-88
were quite largely found with the Anti-Federalists. The
sparsely settled districts, largely agricultural, with but few or
no cities were the Anti-Federal regions and also the paper
money strongholds at this period. The question of debt, too,
was an important factor thus early in our history; and in
Massachusetts we have the best illustration of the union of
these two elements for a common purpose, the interior farmer
with his primitive, frontier notions of life and the unfortunate
debtor who had come within the power of the law. These two
classes, often represented in the same individual, furnished the
basis for that formidable uprising known as Shay’s Rebellion,
which so seriously threatened the Massachusetts government in
1786. It is of course impossible, in the absence of reliable
statistics and detailed records for this early period, to do more
than point out the approximate location and character of this
paper money movement. For that reason it is proposed to
speak of a similar movement, occurring about a hundred years
later, when it is possible to consider minutely the economic life
of the regions affected. With this done, we can study the same
problem anew under the less favorable conditions of early his¬
tory and reach more permanent results.

The Greenback party seems to have attained its maximum
strength in 1880, for that year it polled its highest vote and
this vote was most widely distributed. By a study of the

532 Libby — The Greenback Movement , 187 6-8 If.

different counties where this vote was important we can obtain
a fair conception of the economic environment which produced
it. For this purpose the tenth census affords abundant mater¬
ial, and this forms the ground work for the conclusions here
offered. The inquiry has been limited to those counties whose
Greenback vote is 10 per cent, of the total vote. This furnishes
us for the year 1880 with 306 counties, distributed over fifteen
states.

Table I.

Groups of States.

Total
Number of
Counties.

Greenback

Counties.

Per cent,
of

Greenback
Vote
in State.

Per cent,
of

Vote in
Greenback
counties.

Group I .

638

224

8.1

22.9

Iowa .

99

33

10.3

19.1

Kansas .

lie

39

9.8

16.3

Michigan .

82

26

9.8

17.4

Missouri . . .

117

45

8.8

20.3

Texas .

227

81

1.8

31.0

Group II .

348

53

5.3

17.1

Illinois .

102

12

4.2

12.7

Kentucky .

117

19

4.3

18.1

Mississippi .

75

9

4.9

20.4

West Virginia .

54

13

8.0

17.8

Group III . . .

430

29

2.8

146

Colorado .

32

3

2.6

14.7

Indiana .

94

5

2.5

12.4

Nebraska .

80

5

4.5

14.6

Pennsylvania . . .

67

6

2.3

16.6

Tennessee .

94

7

2.4

14.8

Wisconsin .

63

3

2.5

14.3

As will be seen from Table I, there are three well defined
groups of these states. The first comprises Iowa, Kansas,
Michigan, Missouri, and Texas, and has an average vote of
22.9 per cent, in 224 counties, nearly two-thirds of the whole
The second group, Illinois, Kentucky, Mississippi, and West
Virginia, has a smaller but on the whole quite compact vote

The Greenback Movement , 187 6-8 A

533

averaging 17.1 percent, in 53 counties. The third group, com¬
prising Colorado, Indiana, Nebraska, Pennsylvania, Tennessee,
and Wisconsin, has a small and usually a much scattered vote
of 14.6 per cent, in 29 counties. The facts concerning the
Greenback counties in all these states will be presented for each
group as a whole, in order to avoid confusion and to bring out
forcibly the characteristics of the typical Greenback county, if
such there exists.

Table II.

Groups of States.

Manu¬

factures.

Value

per

capita.

Farm

Produce.

Value

per

capita.

Total
value man¬
ufactures
and

farm pro¬
duce per
capita .

Total
valua¬
tion per
capita.

Farm

values

per

acre.

Group I—

Average for 5 states .

51.1

I

55.3

106.4

233.9

16.9

Average for 224 Greenback Counties

21 6

51 3

72.9

194.4

12.7

Group II—

Average for 4 states . .

55.9

47.9

83.1

197.8

16.2

Average for 53 Greenback Counties

17 9

48.9

65.6

168.4

13.4

Group III —

Average for 6 states . . .

78.5

46 5

125.1

302.5

23.2

Average for 29 Greenback Counties

33.7

55.1

88.8

227.8

17.9

If the large vote polled by the Greenback party is to any con¬
siderable degree the result of the environment of the voter, it
ought to appear from an investigation, first, of the peculiar
economic life in each of these counties under consideration and,
second, of any evidence as to unusual financial burdens upon
the property owner. An examination of Table II will afford us
some glimpse into the particular economic features that charac¬
terize the Greenback counties. It will be seen in the first place
that they are, in general, all agricultural communities, with a
much less developed manufacturing industry than the average
of the group; this is the most striking feature of the showing.
It is next to be observed that though these groups are predomi¬
nantly agricultural, in even this particular they do not rank
very high. In the last group, only, does the average consider¬
ably exceed that of the state and in the first group it falls below.

534

Libby — The Greenback Movement, 187 6 -8 4.

The total value per capita of the products from the two greatest
sources of wealth in the country, manufactures and agriculture,,
is seen by the table to be far below that of the groups of states
as it is also in each of the separate states except Colorado and
Texas. The total valuation per capita is likewise much less
than the average, and this is true also for each of the states
except Colorado, Illinois, Indiana, and Iowa. Lastly, the value
per acre of the farm lands is much lower than that of any of the
groups of states, a ratio which obtains in every one of the states
except Colorado, Texas, and West Virginia. It should further
be noted in this connection that in every one of the cases above
given, those counties having on the average the largest Green¬
back vote show a still more decided tendency in the same di¬
rection, as already pointed out.

Table III.

Groups of States.

Per cent,
of farms
rented.

Local debt
per

capita.

Total

taxation

per

capita.

Per cent,
of

mortgages
to farm
values per
acre.

Group I—

Average for 5 states .

23.6

9.71

4.72

40.5

Average for 224 Greenback Counties ....

25.0

5.04

3.58

50.4

Group II—

Average for 4 states .

29.2

6.75

3.70

56.0

Average for 53 Greenback Counties .

29.4

4.06

2.71

61.0

Group Ill-

Average for 6 states .

20.5

12.54

5.93

52.4

Average for 29 Greenback Counties .

21.4

5.98

4.70

43.9

We may next consider the special burdens, if any, which are
borne by the property owners in the Greenback districts. Table
III well illustrates the negative as well as the positive side of
the evidence in this investigation. It is clearly seen that the
ownership or rent of farms has nothing whatever to do with the
question we are discussing. The variation from the average is
so trifling as not to amount to anything, and we may at once
eliminate the rent grievance from our problem. The averages
for local debt and taxation in these counties reveal facts of im-

The Greenback Movement , 1876-84.

535

portance but not in the direction of financial pressure upon the
property owner. Not only do the Greenback counties pay a
smaller average tax per capita and have a smaller per capita
debt, but the ratio of this debt and tax to their total valuation
is less than the average for the several state groups. This
shows conclusively that these districts have not yet attained the
complex economic life of older communities in the same states —
they form, as it were, a frontier belt, not yet fully developed.
The evidence as to the ratio of mortgages to farm values per
acre is full of significance. As shown by Table III the two
most important groups of states show averages that indicate a
heavier per acre burden upon farms in the Greenback areas.
The third group gives just the opposite result. The separate
states, also, whose Greenback counties do not show a greater
per cent, of mortgages to farm values are six in number
and represent 104 counties, a little over one-third of the whole
number of these counties.

To sum up our results thus far, it has been shown that the
most important part of the Greenback vote of 1880 was distrib¬
uted through 15 states and 306 counties, and comprised those
districts largely agricultural in interest. These communities,
moreover, were on the average poorer than the remainder of the
state in which they were located, and their economic life was
more undeveloped. This latter appears from their lower per
capita manufactures, total valuation, and local debt and taxa¬
tion; while their poverty is indicated by the low value of farms
•and the smaller total value of manufactures and farm produce.
And, further, these conditions were aggravated by a higher
average value of mortgages upon the farms.

We may next turn our inquiry toward ascertaining the loca¬
tion and character of the more or less compact Greenback dis¬
tricts in the separate states, with a view to testing the conclu¬
sions already reached. In selecting these districts for separate
study, the effort has been made in each case to choose only those
counties which are contiguous, or nearly so, and which seem to
form a natural group. In one instance, in southeastern Kansas
and southwestern Missouri, two separate groups are made of one
large district because of essential physiographic differences.

536

Libby — The Greenback Movement , 1876-8 4.

Again, the counties of Michigan are grouped in two divisions,
the agricultural and the manufacturing, on the ground of their
differences in the per capita value of agricultural and manu¬
facturing products respectively.

In Table IV is seen tabulated results for ten groups in seven
states. The average Greenback vote for these groups is nearly
three times as great as that of the states represented, being
21.1 per cent, of the total vote, and hence they may be taken as
typical districts. The first group, that of southern Iowa and
northern Missouri, consists of about the same number of
counties in each state. The Iowa portion lies mostly southwest
of the Des Moines river, the heaviest Greenback counties not
touching this river, and is drained by rivers flowing south
through Missouri into the Missouri river. The Missouri portion
lies north of the Missouri river, and is massed largely in a
north and south belt just west of the Mississippi river, from
which it is separated by a considerable space. It will be seen
from an examination of the table that these counties possess
most of the Greenback characteristics already pointed out as
typical, namely small per capita value of manufactures and
total per capita value of farm produce and manufactures; a
lower average total valuation as well as farm value per acre;
and a less developed economic life, shown by a smaller local
debt and total tax per capita. In the case of the proportion of
mortgage value to farm value per acre, there is an exception to
the general rule, it being the same as the average for the two
states. For Iowa alone, however, the state average is 35 per
cent, and that of its Greenback counties is 39.2 per cent. All
of the southern states except Texas show the same general ten¬
dency toward exceedingly high ratios of mortgages to farm
values, without doubt owing to the burdens and losses of the
late war.

The Greenback Movement , 1876-8 587

538

Libby — The Greenback Movement , 1876-84.

Kansas supplies two typical Greenback groups, with all the
characteristics strongly marked. It is worthy of notice, also,
that the northwestern group has the larger vote and shows
most strikingly the statistical evidence of poverty, simple
economic life, predominantly agricultural in character, and
heavily burdened farm lands, 59 per cent, of the value of each
acre being covered by mortgage, and in one county the ratio is
95 per cent. The Green river group of Kentucky, situated
mainly in this river valley, belongs in rank with that of north¬
western Kansas, which it resembles in the main features of its
economic life. Its per cent, of mortgage value to farm value,
while very large, is less, however, than that of the state.

The Texas group contains twenty-nine counties, six of which
polled a Greenback majority vote. This most important of all
the groups lies in central Texas, one hundred miles from the
coast, in the river valleys of the Colorado, the Brazos, and the
Trinity. It is for the most part a compact mass of counties,
but four prolongations extend this group up these three river
valleys and connect it on the northeast with the valley of the
Sabine. In every particular but farm values this group shows
decided marks of a purely agricultural section, poorer and less
developed than the average county in the state. In particular
its very large ratio of mortgages to farm values proves that it
is no exception in this feature of its economic life. It should
also be added in this connection that no other occupations have
as great an importance as agriculture and manufacturing, —
cattle raising at this time, at least for the counties under
consideration, being of slight importance.

The West Virginia groups are found respectively between
the waters of the upper Monongahela and those of the Little
Kanawha, and along the middle course of the Great Kanawha.
The northern group touches the Ohio river slightly, but both
may be considered interior groups, practically out of reach of
this great waterway. As has already been pointed out for the
Kansas groups, the larger vote of the second group shows itself
in a general intensifying of the typical economic features of
these counties, the only exceptions being those of the local debt
and the mortgage values. This group is also seen to be very

The Greenback Movement, 187 6-8 4..

539

closely assimilated to the two Kansas groups and that of Ken¬
tucky, especially in its averages for the resources of the state.
In the tabulated results for the first group several exceptions
may be noted but as their entire number in the whole table is
small, they do not vitiate the general conclusions so far reached.

The southwest Missouri group is of interest from the fact
that it lies in a section of the state which was Federal during
the Rebellion. It occupies the region of the Ozark mountains,
is drained by the Osage river, and is separated by a considerable
space from both the Missouri and the Mississippi rivers. In the
early growth of the state, it offered little to tempt the slave¬
holding planter and hence its anti-southern tendencies. Its lands
are poor and its population contains a considerable proportion
of miners. In a state whose manufactures have the same ratio
to farm produce as in Michigan, about 7 :4, this section has a
per capita value in manufactures hardly one-fourth that of its
farm produce. In all other respects, also, it reveals a simple,
undeveloped economic life.

Michigan contains two groups of G-reenback counties, so dis¬
tinct from all the others as to merit separate discussion at some
future time. The second of these, the Manufacturing group, is
the only one of the ten groups in which the per capita value of
manufactures is in excess of the farm produce, — indeed it is
greater than the average for the state. In Michigan both
groups show averages which cannot be reconciled with those of
the other states. The Agricultural group has a per capita value
of manufactures twice as large as that of any group in the other
states; its total valuation is greatly in excess of its state aver¬
age, as is also its farm value per acre. The Manufacturing
group, in its great excess of manufactures over farm produce
and its greater tax and local debt per capita as compared with
that of its state, partakes of this same exceptional character.
Without means of comparison it is not now profitable to discuss
the significance of this wide difference in economic life. It will
have important bearing, however, upon the relation of the
Greenback party of 1880 to the Populist party of 1892. The
location of the Manufacturing group is quite as significant as

its other features. Its counties are ranged chiefly along the
35

540 Libby — The Greenback Movement, 187 6-8 A

western shore of the southern peninsula, including the lower
courses of the Manistee, Muskegon, and Grand rivers, while two
of the counties extend partly around Saginaw Bay on the east¬
ern shore. The Agricultural group lies in the southwestern
part of the state, south of Saginaw Bay, only two counties
touching the western shore, while a wide interval separates it
from the eastern shore.

If we select from the ten groups of the foregoing table the
five having the largest per cent, of Greenback vote (except
Michigan) we shall find a fairly typical set of conditions. These
five groups, including 76 counties, are: northwestern Kansas,
Kentucky, southwestern Missouri, Texas, and West Virginia
second group. Their average vote is 25.1 per cent, larger than
that of the 224 counties (Group I) in Table II. Carrying this
comparison still further we find that these 76 counties have a
per capita value of manufactures about one-third as great as
the first group in Table II, and for farm produce, total value
of manufactures and farm produce, total valuation and farm
values per acre, the averages are much lower. In respect to
total taxation and local debt the per capita averages are also
much less, while the ratio of mortgages to farm values is greater.
The conditions found to prevail in the typical Greenback county
of the larger group are thus seen to be present in the smaller
and more compact groups, and in a decidedly intensified degree.

So far, we have considered the Greenback vote for 1880 only.
There are two other presidential elections, those of 1876 and
1884, in which this vote appeared as a factor in the contest;
and it is of some interest to know whether the voter partook of
the same general character as in 1880. In Table V is shown
the averages for those counties which had a Greenback vote of
10 per cent, or over in at least one of the other presidential
elections. It will be seen here that the average vote is large
and bears about the same ratio to that of the state as in 1880.

The Greenback Movement, 187 6-8 4-

541

Total tax
per

capita.

6.26

3.72

5.48

3.52

6.31

6.08

4.43

3.69

5.27

5.09

6.67

5.52

2.87

2.44

■

Local debt

per

capita.

14.60

10.63

6.75

.35

4.67

1.94

14.97

10.86

5.37

4.63

21.78

3.02

3.78

Per cent,
of

farms

rented.

CO

CO CO

24.

26.

^ C--

03 CM

17.

16.1

11.

9.

22.

20.

38.

29.

Per cent,
of

Mortgages
to farm
values per
acre.

46.

50.

43.

38.

35.

35.

38.

42.

31.

37.

3 3

Value of
farms
per acre.

32.1

20.4

30.6

31.0

22.9

19.6

10.9

10.1

o o

si ss

44.2

22.2

4.6

7.7

Total val¬
uation
per capita.

255.5

197.2

367.8

327.4

245.3

229.6

161.5

140.2

316.2

241.6

393.0

276.5

201.2

192.2

Total
value man¬
ufactures
and

farm pro¬
duce per
capita.

200.9

103.1

132.7

94.2

127.4

92.8

82.3

60.7

147.6

146.3

204.1

54.9

53.9

51.1

Farm Pro¬
duce;
Value per
capita.

66.2

86.9

57.9

59.4

83.7

77.0

52.4

49.6

55.6

52.3

30.2

32.5

40.9

41.8

Manufact¬
ures;
Value per
capita.

134.7

16.2

74.8

34.8

43.7

15.8

30.9

11.1

92.0

94.0

173.9

22.4

13.0

9.3

Per cent,
of

Greenback

vote.

4.2

22.1

13.4

2.5

12.4

10.3

20.4

21.4

9.8

14.7

17.1

13.7

9.8

19.5

14.1

2.3

23.4

17.3

1.8

14.8

Presidential Elections of 1876, 1880,
1884 —States and Counties.

(Data from census of 1880.)

Illinois . .

Two counties .

1876 and 1880 .

Indiana .

Two counties .

1876, 1880, and 1884 .

Iowa . . . . .

Nine counties . (

1876 and 1880 . 1

Kansas . . . . .

Nineteen counties . f

1876, 1880, and 1884 .

Michigan .

Twelve counties . i

1880 and 1884 . 1

Pennsylvania .

Two counties . (

1880 and 1884 . (

Texas .

One county . . . .

542

Libby — The Greenback Movement, 1876-8

The value of the manufactures in these counties is very much
less, as compared with the average, than in any case yet found,
varying from one-eighth to one-half in all the states except
Texas (where it is somewhat smaller), and Michigan (where it
is slightly greater). In comparing the per capita value of farm
produce of these counties with that of their state, it will be dis¬
covered that, while there is no uniformity in their relative
values, in every case the average is greater than that for the
per capita value of manufactures, except in the case of Mich¬
igan. The most decisive showing of all appears in the figures
for the total valuation and the total value of manufactures and
farm produce; in every state except Michigan, the G-reenback
counties have a much lower relative value than the state. This
is true, also, though in a less degree, for the value of farms per
acre except in the states of Indiana and Texas. As in the other
tables, the rent question is seen to be of little relative import¬
ance. The debt feature, as revealed in the mortgage values per
acre, proves to be fully as important here as in 1880, with the
exception of the counties in Indiana and Iowa. In all the states,
the counties under consideration have a less complex economic
life as seen from their low per capita tax and local debt. Thus
the steadily persistent G-reenback counties have shown the same
general characteristics as those in the groups for the election
of 1880.

The G-reenback movement, then, of 1876-84, has a two-fold
character, and drew its support from two entirely distinct and
separate regions. First, the bulk of the supporters of the party
came from what may be termed the inland regions of the states,
districts lacking in natural communications with the rest of the
state, and, but for the railroads, commercially isolated from the
outside world. The counties in these regions, whether studied
as a mass, in groups of contigious counties, or considered for
three consecutive elections, display certain well defined charac¬
teristics, which distinguish them from all others. Predomi¬
nantly agricultural in occupation and having a comparatively
simple economic life, they were also poorer than the average
county of their state and more heavily burdened with debt.
Second, a less important, but none the less distinct Greenback

The Greenback Movement, 187 6-8 4.

543

region, is to be found in Michigan, situated largely on the lake
shore and in a region distinctively manufacturing in character.
This is the more striking from the fact that it has an even
greater per capita value of manufactures than that of the large
state average. The greater per capita local debt and total tax,
coupled with the foregoing, indicates also a more complex eco¬
nomic life than that of the first regions already discussed.

This later paper money movement thus had not only the sup¬
port of the poor farmer as in 1786, but also that of the city
artisan as well, a new class of supporters for cheap money and
repudiation of debts. It now remains to show the development
of this latter class into the ardent populist of 1892 and the
union of the two elements for free silver in the elections of 1892-
1896. The cycle of economic development is thus complete when
the representatives of an undeveloped, almost primitive life join
hands with their brethren of the cities, whose lives have been
embittered and whose vision has been distorted by their fierce
struggle for daily bread in our great centers of modern indus¬
trial activity.

Madison , Wis December , 1898.

ON SOME POINTS IN THE STRUCTURE OF THE LARVA
OF EPISCHURA LACUSTRIS ForUes.

BY C. DWIGHT MARSH,

Professor of Biology in Ripon College.

WITH PLATES XII AND XIII.

Epischura is a genus of copepods found only in America, its
nearest European relative being Reterocope , and is remarkable
for the very pronounced asymmetry of the abdomen. This is
especially noticeable in the male of Epischura lacustris Forbes,
in which not only is the abdomen twisted to the right, but cer¬
tain of the segments have marked lateral projections which to¬
gether form a complicated grasping organ.

Inasmuch as Epischura is a form peculiar to America, and
yet with no nearly allied forms in this country, its larval his¬
tory is a matter of considerable interest as being likely to
throw some light on its relationship to other copepods.

Forbes (’91, “ On some Lake Superior Entomostraca ”) says,
“ among the many hundreds of specimens which I have exam¬
ined from the Great Lakes and from several of the smaller lakes
of Illinois, Michigan, and Wisconsin, I have rarely seen an im¬
mature form. ” It is true that during the summer months, when
one is most likely to make collections of entomostraca, larval
forms of Epischura are very rare, although I have found them
in certain localities in May and even in August. It is in the
winter months, however, that they are found in the greatest
numbers, especially in the month of March. I have collected
from Green Lake a large amount of material illustrating the
larval stages, and I hope, later, to make a fairly complete de¬
scription of its development. The publication of the results will
necessarily be long delayed because of the time consuming labor
involved in making the extremely delicate dissections of these

Structure of the Larva of Epischura Lacustris. 545

minute forms. It has seemed best to me, on this account, to
publish certain facts which have already been worked out, al¬
though this paper must be considered as a communication pre¬
liminary to a more extended paper.

The peculiar armature of the furca, which can be recognized
quite easily in all except the earliest stages, makes it possible
to distinguish quite readily between the larval forms of Epis¬
chura and those of other copepods. The characteristic form of
the first maxillipede is developed very early, and by this fea¬
ture alone one can frequently pick out Epischura larvae with a
considerable degree of accuracy.

In this paper I will treat of only two structures, the male
abdomen, and the male fifth feet.

The dissections on which the following facts are based were
made by Mr. E. E. Hemingway, under my direction, and much
credit is due him for the skill which he acquired in distinguish¬
ing the larvae of Epischura from those of other copepods, and
for the patience which he exercised in making the difficult dis¬
sections.

THE MALE ABDOMEN.

In the abdomen of the mature male the second and third seg¬
ments are produced to the right, and from the fifth segment
there are two projections to the right, one spatulate, and the
other dentate. (Plate XII, Fig. 5.)

In the larval abdomen the segments of the abdomen retain
their symmetry until the animal has reached very nearly the
mature form. In plate XII, Figs. 1, 2, 3, and 4, are shown the
1, 3, 4, and 5 segment stages,— the last having the same num¬
ber of segments as the mature animal. Up to and including
the four segment stage there is nothing in the form of the seg¬
ments to distinguish these larvae from the larvae of other copepods,
as they are entirely symmetrical. In the last stage, however, the
bend to the right is very marked : the projection on the second seg¬
ment is much like that in the mature animal, and the same thing
is true of the projections on the fifth segment: the third segment
has a pronounced swelling on the right side, but is quite dif¬
ferent from the form in the mature animal. The specimen from

546 Marsh — Structure of the Larva of Epischura Lacustrts.

which this figure was drawn could hardly be distinguished, in
most respects, from one which had reached complete maturity.
The asymmetry, then, seems to come in quite suddenly, and in
the last stages of the development.

The furca of the mature Epischura is armed with three broad
setae, an external spine, and a weak and inconspicuous internal
seta. In the one segment stage, the three setae are much
weaker, the internal seta is considerably longer, and there is,
in addition, a lateral seta about midway of the length of the
furca. The furca of Epischura in this stage differs very little
from that of Diaptomus at the same degree of development.
Diaptomus also has a lateral seta, but it is longer than that of
Epischura , and is situated nearer the end of the furca. The
lateral seta does not appear in the succeeding stages of Ep¬
ischura , the armature in the three segment stage differing very
little from that in the mature animal. In Diaptomus the six
setae develop to nearly the same length and size, the lateral
seta having moved down nearly to the end of the furca. In
Limnocalanus the lateral seta remains upon the side of the
furca, and the sixth, or internal seta is very weak. In Ep¬
ischura the lateral seta disappears, the third, fourth, and fifth
are largely developed, the second becomes a broad spine, and
the sixth a short and weak seta. In Cyclops it is the third and
fourth setae which are commonly the most highly developed,
the second and fifth sometimes nearly equalling them, but in
most cases being reduced to weak and short setae or spines.

DEVELOPMENT OP THE MALE FIFTH FOOT.

The fifth foot of Epischura lacustris consists of two parts, in
which there is no clear evidence of the division into exopodite
and endopodite. (Plate XIII, Fig. 5.) The right foot consists of
two segments — the outer is triangular in shape, with a some¬
what spatulate tip, and is always flexed upon the first segment.
The left foot consists of three segments: the first has a long
horn-shaped lateral process, which is as long as the other two
segments; the second and third segments are concave on their
inner margins; and the apical segment is armed with fine hairs
upon the concave margin and with small spines at the tip.

Structure of the Larva of Epischura Lacustris. 547

The youngest specimen in which we have been able to obtain
a male fifth foot was the one from which the abdomen was
drawn for Fig. 2, Plate XII. This was in the three segment
stage. The fifth feet are shown in Plate XIII, Fig. 1. In this
figure as in Fig. 4, the feet were drawn from the side opposite
to that from which the other figures were drawn, so that the
relative position of the feet is reversed. In this figure it will
be noticed that the left foot consists of a basal segment, and
both an exopodite and an endopodite, each consisting of a single
segment. The right foot consists of a basal segment, a one-
segmented exopodite, and a process on the basal segment which
apparently represents an endopodite. The fifth feet shown in
Plate XIII, Fig. 2, represent practically the same stage of de¬
velopment as that in the first figure, but in this the right foot
has an evident endopodite.

Figure 3 represents the fifth feet of an individual in which
the abdomen had reached the four segmented stage. The ex¬
opodite of the left foot in this specimen is composed of two seg¬
ments, the outer segment having three spines, while only one
was found in the lower stages. The endopodite is still of a
single segment, but has grown long and slender. In the right
foot the exopodite is divided into two segments, and the en¬
dopodite has disappeared.

In figure 4 is shown the fifth feet of the individual from
which the abdomen in Plate XII, Fig. 4, was drawn. In the
right foot the exopodite is reduced from two segments to one,
has become triangular or conical in shape, and is strongly re-
flexed. In the left foot the exopodite has the concave inner
margins seen in the mature animal, and the terminal segment
is armed with spines and hairs much as in the last stage. The
endopodite has become greatly curved and is clearly to become
the “curved process ’’ of the basal segment as described in the
mature form.

It is evident, then, that the fifth feet of Epischura lacustris
are to be explained morphologically in this way. Of the two
segments of the right foot, the first is the basal segment, and
the second is the reduced exopodite, the endopdite having disap¬
peared, although existing in lower stages. In the left foot the

548 Marsh — Structure of the Larva of Epischura Lacustris.

exopodite is represented by the two outer segments, while the
curved process of the basal segment is the endopodite.

The fifth feet of Temora and Heterocope are in their structure
very similar to Epischura , and it is probable that they should
be explained in the same way.

In regard to the inferences to be drawn from the structure of
the abdomen and fifth feet as to the family history of Epischura ,
it is, perhaps, not safe to say much until the other parts of the
body have been more thoroughly worked over. There seems to
be nothing especially significant in the structure of the fifth
feet, it is true that that there is a marked resemblance between
the larval fifth feet of Epischura and those of Diaptomus , but it
is no more than one would expect if they conform to the general
type of structure in the copepod appendage.

The persistence of the three large furcal setae, even in the
earlier stages, would seem to indicate a rather- remote connec¬
tion with Diaptomus. On the other hand, the fact that the
asymmetry of the abdomen and the lateral processes of the ab¬
dominal segments appear only in the very last stages point very
strongly to the probability that this most marked peculiarity of
Epischura is a recent development, and that Epischura may be
quite closely connected with forms having symmetrical abdo¬
mens.

Ripon , Wis. , October , 1899.

Trans. Wis. Acad., Vol. XII.

Plate XII.

Trans. Wis. Acad., Vbiv XIT.

Plate XIII.

2

Structure of the Larva of Epischura Lacustris.

549

EXPLANATION OF PLATES.
marsh. Epischura Lacustris.

PLATE XII.

Fig. 1 — Abdomen of larva of male Epischura Lacustris , X 304.

Fig. 2 — Abdomen of larva of male Epischura Lacustris , X 155.

Fig. 3 — Abdomen of larva of male Epischura Lacustris , X 155,

Fig. 4 — Abdomen of larva of male Epischura Lacustris , X 112.

Fig. 5 — Abdomen of mature male Epischura Lacustris , X 112.

PLATE XIII.

Fig. 1 — Fifth feet of larva of male Epischura Lacustris , X 375.

Fig. 2 — Fifth feet of larva of male Epischura Lacustris , X 375.

Fig. 3 — Fifth feet of larva of male Epischura Lacustris , X 225.

Fig. 4 — Fifth feet of larva of male Epischura Lacustris , X 140.

Fig. 5 — Fifth feet of mature male Epischura Lacustris , X 140.

THE UNSTEADY MOTION OF VISCOUS LIQUIDS IN
CAPILLARY TUBES.

HENRY CHARLES WOLFF.

When a clean glass tube is dipped into water, the liquid will
rise in it to a certain height, where it will come to rest with a
concave surface. The amount of the liqu which is raised above
the general level depends, as is well known jpon the angle of con¬
tact of this surface, or meniscus, with the walls of the tube, and
also upon the strength of the surface film. The exact form of the
meniscus when the liquid is in motion is unknown. Not only
is its form different from that which it assumes while at rest,
but its shape probably varies with different velocities of the
liquid. Under these conditions it seems likely that the pull
due to surface tension varies with different velocities of the
liquid as it ascends a vertical or flows along a horizontal tube.
In the following work I shall attempt to obtain an expression
for the velocity of the meniscus along a horizontal tube, sup¬
posing that the liquid is forced into one end of the tube under
a constant head.

When a liquid is allowed to flow from one reservoir into an¬
other through a horizontal capillary tube, we know that the
discharge per unit of time, Q, is given by the equation,

q = x-

7t a 4 p
M pl’

(1)

in which a is the radius of the tube, l is its length, ^ is the co¬
efficient of viscosity, p is the density of the liquid, and p is the
difference between the pressures at the two ends of the tube.
From this we obtain for the velocity,

a2 p
M pl'

(2)

The Unsteady Motion of Viscous Liquids.

551

Hence we derive

8 ju plv

(3)

These equations are only true, however, for steady motion ;
that is to say, these equations only hold when the flow has taken
place for a length of time sufficient to permit the velocity to
have become constant.

In case the motion in the capillary tube begins from a condi¬
tion of rest and is allowed to increase under the influence of a
constant difference in pressure between the ends of the tube, we
must consider v as a variable defined by the differential equa¬
tion

(1)

Solving this linear equation we obtain

(5)

This gives the velocity at any instant after the commencement
of the motion. This equation is analogous to Helmholz’s equa¬
tion of self-induction in the theory of electric currents, as is
readily seen from the following form of Helmholz’s equation :

(6)

in which L is the coefficient of self-induction.

If instead of the liquid flowing from one reservoir into
another through a capillary tube, the liquid is permitted to
flow from a single reservoir into an empty capillary tube, l will
no longer be a constant but will be a variable. The equation
(4) above must be replaced by

(7)

552 Wolff— The Unsteady Motion of Viscous Liquids.

Solving this equation* and determining the constants on the
supposition that 1 = 1 when v = 0, we get,

v -f Al^ 2

:)

— e

A2

Up 2 A (v + Al)

(^1+^3

(v + Al)* ,
F t~

F

i (i>4 - Aiy

2 A2

(1+ 1/3 ^F +

1 A*

+ •••) = 0, (8).

5 L» F 2

F

5 L2 F 2

where -d = and F
% a

2 £>

it a2 p

This last equation would give the actual velocity were it not
for two things. First, it takes into account the hydrostatic
pressure only, to which must be added the influence of the me¬
niscus. This acts as a negative pressure, and probably as a
variable one. The variation is probably so small that no diffi¬
culty would be experienced in taking proper account of this ele¬
ment of the problem. Second, the equation (7) was derived
from expressions which require the velocity in the tube to be a
function of the distance from the wall of the tube. But the
meniscus acts as a wall or diaphragm, preventing the liquid
immediately behind it from moving more rapidly along the
axis of the tube than along the walls of the tube. This re¬
tarding influence is very important, and equation (8) furnishes
the basis for an experimental determination of its amount.
Equation (8) must first be plotted, using v and l as the coordi¬
nates. Similar graphs must then be constructed from exper¬
imental data. The discrepancies between the two curves will
indicate the retarding influence due to the meniscus.

If as before the tube should connect two reservoirs, and a
bubble of air should be admitted at one end and allowed to flow
along, the effect due to the pull of the meniscus would be elim¬
inated, because there would be one pulling in one direction and
one in the other.

* The type of this equation may be found in W. Heymann’s Studien
uber die Transformation und Integration der Differential und Dif -
ferenzengleichungen ; Leipsic, 1891, p. 28.

The Unsteady Motion of Viscous Liquids.

553

If we take the equation

a 2 p

8 p fi l

(

1 — e TtCL*

).

(5)

and let l equal L , where L is the whole length of the tube, and
let V be the distance the bubble has moved from the end of the
tube, we shall obtain

(9)

in which C can readily be determined, depending as it does on
the position of the bubble at the beginning of the flow. The
different values of t can be compared with those found from
experiment, constituting a second method for determining the
retarding influence of the meniscus.

A knowledge of the retarding influence of the meniscus would
have important applications to problems in the seepage of
water through soils or other porous media.

West Superior , Wis ., December , 1898.

MEMORIAL ADDRESSES.

HARLOW S. ORTON.

1817-1895.

Judge Orton’s name was on the membership roll of the Acad¬
emy in 1876, and no doubt his influence had aided in the out¬
set as to securing its liberal legislative charter. Harlow S.
Orton’s birth was in Niagara county, New York, November 23,
1817. Twenty years afterward his course was finished in the
Madison University in Madison county of the same state. In
the same year he became a law student in Kentucky, but soon came
north and became associated with his brother Myron, who was al¬
ready in legal practice a little southeast of Chicago, at La Porte,
Indiana. In 1847, the year before Wisconsin became a state,
he removed to Milwaukee and opened a law office there. In
1852 he became the private secretary of Gov. Farwell, — the
second governor of the state. Thenceforth his residence was in
Madison till his death, July 4, 1895.

He represented Madison in the legislature, was mayor of the
city, failed by very few votes of election to congress, and was
early, for six years, a circuit judge.

But he was chiefly eminent as an advocate. Many lawyers
were more deeply read, but very few could make so ingenious
use of their knowledge, or present a case so winningly before a
jury. For five years he was dean of the law faculty of the uni¬
versity, and at that time became LL. D. He also served as
one of the commissioners who compiled the Revised Statutes of
the state.

His longest and largest service was, however, as a justice of
the supreme court. He sat on that highest bench of the judi¬
ciary seventeen years —a longer period than any other judges
have except Cole, Lyon, and Cassoday — and was for five years

Memorial Addresses.

555

chief justice. His opinions are embraced in forty-seven volumes
of Wisconsin Reports. Surpassed perhaps in learning by some,
one need not shrink from comparing them with any in acumen,
mastery of legal principles, and felicity of expression.

The labors of Judge Orton for the Historical Society in pub¬
lic and private stations, as well as with pen and voice, attest
what he would have done for the Academy had he not been too
soon pre-occupied with other duties which demanded all his
time and strength till he sank beneath the judicial burden which
he bore to the last.

James D. Butler.

Madison , Wis.

JOHN GOLDESBOROUGH MEACHEM.

John Goldesborough Meachem, M. D., was born in Somerset¬
shire, England, May 27, 1823. His father, Mr. Thomas
Meachem, a teacher and conductor of a boys’ school, brought
his family to this country in 1831. In the Diocese of New
York he was ordained to the ministry of the Episcopal church
by Bishop Onderdonk. John, the third son, studied medicine
in the office of Harvey Jewitt, M. D., with lectures at Hobart
College and at the Medical College in Castleton, Vermont, where
he was graduated M. D. in the fall of 1843. In 1862 he re¬
viewed his medical studies at Bellevue Medical College, New
York City, from which he received their ad eundem degree. He
practiced unremittingly till 1895 — .fifty-two years, when a
neuritic inflammation of the heart was suddenly developed which
ended his life February 1, 1896. Dr. Meachem was naturally
endowed with superb health, a fine physical presence, an active, en¬
thusiastic temperament, and an untiring purpose to do thoroughly
whatever he was engaged in. His habit was to read and study the
literature of his profession, standard and current, to which he
added many interesting papers from his large experience, de¬
termined to learn all that was known of the art and science of
medicine as applied to diseased humanity.

36

556

Memorial Addresses.

His skill in detecting the point where an antidote became an
irritant, or in other words to carry the effect of a remedial
agent to the point where its full benefit is obtained and then
to cease its administration, was remarkable; and to this facility
in applied science his wonderful success as a physician may in
great measure be attributed. He gave much attention to sani¬
tation for the public health and both by addresses and through
the daily papers advocated pure water supply and reforms.

Although primarily devoted to his large practice and promptly
responsive to its daily exigencies, he found time along the way
for social, religious, and political duties, and civic economics.
He was elected mayor of Racine three successive terms, and defi¬
nitely refused another nomination. During three years he
occupied the chair at every session of the council except one.
The city improved in many directions under his guidance and
administration. “ No Racine Mayor ever gave so much of his
personal attention and labor to perfect the municipal machinery
of city government.” His second election “was simply a tribute
to the man for his untiring energy in reconstructing the city
machinery and he was entitled to the endorsement. ” “ A call

on Dr. Meachem, who has just been re-elected mayor of Racine,
afforded an opportunity of meeting the man who is entitled to
recognition as one who devotes time, labor, and money to the
welfare of his fellow men. ”

He was always an avowed Democrat, outspoken for the “in¬
alienable right ” of every individual, and gave his ballot at
every election from 1844 to 1894.

All his life a member of the Episcopal church, he was known
of all men as a Christian gentleman, and was for forty years a
careful, watchful trustee of the finances of the parish and a lib¬
eral contributor to its current funds; while he gave professional
skill and personal attention without thought of remuneration,
as well as money from his purse, to help on any good work for
the betterment of society.

His manner was courteous to strangers, cordial and happy to
his friends, kind, helpful, and encouraging towards any one
who needed assistance. “He was deservedly popular with his
patients; his charity was proverbial."

Memorial Addresses.

557

John G. Meacham, M. D., became an annual member of the
Academy of Sciences, Arts, and Letters in 1877.

John G. Meacham, Jr.

Racine, Wis.

CHRISTIAN PREUSSER.

(Compiled by the Secretary from the Milwaukee Sentinel of June 7, 8, and 9, 1899.)

Christian Preusser was born at Idstein, dukedom of Nassau,
Germany, in 1826. He left school at fifteen years of age in
order to learn the trade of watchmaker and jeweler. He came
to Milwaukee in 1844 and opened a small jewelry store on East
Water street. His business increased steadily until, in 1855,
the brick building at East Water and Mason streets, which is
still occupied by the firm, was erected for its accommodation.
Mr. Preusser’s brother, Gustav, had become a partner with him,
but the firm name was changed some years ago to the C. Preus¬
ser Jewelry company, which to-day is one of the largest jewelry
firms in the Northwest. Mr. Christian Preusser was president
of the company.

Mr. Preusser devoted much of his energy also to the fire in¬
surance business. He was elected a director of the Milwaukee
Mechanics’ Insurance company in 1853; and in 1854, when the
company had struggled for existence through two years and
was on the verge of going out of business, Mr. Preusser was
elected president. He had great confidence in the ultimate
success of the company, devoted much time to its business, and
for the next few years more than once employed his private
means to meet its losses. Gradually the company prospered until
now it is reputed to be one of the soundest fire insurance com¬
panies in the country. A year ago a new company was organ¬
ized, the Milwaukee Fire Insurance company, of which also Mr.
Preusser was made president.

He always took an active part in early public affairs. He
was a member of the Volunteer Fire department when S. S.
Daggett was chief, and Gen. Rufus King, E. P. Allis and John

558

Memorial Addresses.

Nazro were among the members. He acted as treasurer of the
department until the paid department was inaugurated. He
always took a keen interest in the educational progress of the
state and city and was always ready to foster new enterprises
intended for the public welfare. He was one of the founders
and for twenty years president of the Natural History society
of the state, and an active and influential friend of the society
for over forty years. When in 1882 its collection was pre¬
sented to the city he was appointed a trustee of the Public mu¬
seum, of which he was one of the originators. Later he was
active in securing for the museum the valuable collection of
Prof. H. A. Ward of Rochester, N. Y. He was one of the
founders of the German-English academy and from the time it
was founded until 1886 served as treasurer, which position he
also held in the National German- American Teachers’ seminary.
He was the strongest supporter of the latter institution during
its years of struggle for a secure existence, and recently gave
a large donation towards establishing it upon an enduring finan¬
cial foundation.

While a staunch Republican Mr. Preusser never catered for
office, though often asked to accept political honors. He was a
member of the Deutscher club and one of its active workers.

Mr. Preusser was married in 1851 to Miss Louise Hermann
of Diets, dukedom of Nassau, Germany. They had four chil¬
dren, but only two survive.

In accordance with his general interest in educational affairs,
Mr. Preusser became an active member of this Academy in 1894.

He continued in active life until within a few days of his end,
which came on June 6, 1899.

Madison , Wis.

Memorial Addresses.

559

ALICE MARIAN ( AIKENS) BREMER.

(From article in the Evening Wisconsin, September 10, 1898.)

Alice Marian Aikens was born at Milwaukee, October 3, 1858.
She was the eldest child of Andrew J. and Amanda S. Aikens.
She was educated in Milwaukee at the Wheelock school for girls
until the age of eighteen when she went to Paris with her
mother and a sister and studied modern languages, art, and lit¬
erature, six months of the time at the Academy of Design.
After her return to this country she worked at water color
painting with George Smilie of New York, with notable results,
but she finally devoted herself especially to the study of as¬
tronomy and biology. She was married in 1884 to Hugo Bre¬
mer, of Milwaukee, and had one child, who died in infancy.

Mrs. Bremer was a woman of high ambition in her chosen
line, and of a sensitive, sympathetic spirit towards the objects
of nature, so that the flowers of garden and field were to her as
cherished pets. She was an earnest member of the Milwaukee
Woman’s club, and showed unusual aptitude for original inves¬
tigation and devotion to its pursuit in connection with her
work in the study classes. She also conducted a class in as¬
tronomy in the College Endowment association. She read all
the good publications relating to her special lines of interest
and became an expert herseif in the use of the microscope and
collected a considerable private museum of biological specimens.
Later she gave special attention to algae and spent six months
in Woods Holl in the study of that class, and when she went to
California in January, 1898, primarily for the sake of her health,
it was also that she might study the algae of that coast. But
her physical strength was not equal to her ambition, and her
life ended at San Diego, August 25, 1898.

In her will Mrs. Bremer provided that her collection of algae
and other specimens be presented to the Milwaukee public
museum, and that her microscope and other scientific appara¬
tus be presented to some scientific worker unable himself to pro¬
cure such aids.

560

Memorial Addresses.

JAMES CLARK FOYE.

James Clark Foye was born in Great Falls, New Hampshire,
March 1, 1841, and graduated from Williams College in 1863.
The next year he was Professor of Natural Sciences in the Cin¬
cinnati Wesleyan College, and for twenty-six years Professor of
Chemistry and Physics in Lawrence University, Appleton,
Wis. During twelve years of his stay at the latter institution
he acted also as vice-president and fiscal agent. During these
years, having already earned the degree of Master of Arts, from
Williams College, he received the degrees of Doctor of Philos¬
ophy from De Pauw University and that of Doctor of Laws from
Lawrence University.

Being always a student as well as instructor, he published
the results of his study and practical investigations in three
volumes: Chemical Problems; Table for the Determination and
Classification of Minerals; Handbook of Mineralogy. These
books were afterward revised and enlarged. In 1892 the fourth
edition of the last named work was issued. He left Lawrence in
1893 when the Armour Institute of Technology was opened in
Chicago and accepted the position of Director of the Depart¬
ment of Chemistry in the latter institution. He continued in
active service until the day of his death, which was very sud¬
den, July 3, 1896.

Chicago , 111 . Janette W. Foye.

WAYLAND SAMUEL AXTELL.

Wayland Samuel Axtell was born in Union, Rock Co., Wis.,
June 18, 1862. He was a member of the first graduating class
of the Evansville High School. For two years after gradua¬
tion he was engaged in teaching, his chosen work for life, and
then entered Beloit College, from which he graduated with high
honors.

After spending two years as principal of the high school in
Burlington, Wis., he was called to the principalship of the Be-

Memorial Addresses.

561

loit high school, where he remained two years. During these
four years of teaching he became convinced that it was a grave
mistake not to allow the use of the Bible in the public schools.
He tried in every way to have such use restored, but to no
avail ; and he decided to go out of the public school work. He
then accepted a position in Beloit Academy as assistant prin¬
cipal, at a greatly reduced salary; but at the close of the first
year’s work there, he accepted the chair of mathematics and
physics in Yankton College, South Dakota. He remained there
two years until his health began to fail, when he returned to
Wisconsin, where he was prevailed upon to establish Rochester
Academy at Rochester.

For three years he put his whole life into this new school;
and at the close of that time he was obliged to seek a warmer
climate as he feared the cold winters of Wisconsin. Very re¬
gretfully he accepted the chair of physics and astronomy in Salt
Lake College, Utah.

He went to Utah intending to make that his future home; and
he found a vast field there for the work which he loved so well.
But the climate was not beneficial, and at the close of the first
year he was obliged to leave Utah, and went to Denver, Colo¬
rado. His disease, consumption, had by this time so fastened
itself upon him, that he was obliged to give up all work, and,
after nine months of lingering illness he was seized with pneu¬
monia, which ended his life, April 6, 1899.

Mr. Axtell had a peculiar love for his chosen profession of
teaching and labored unceasingly in it. He was also a strong
man intellectually and held promise of a much greater work
than his strength and years allowed him to accomplish. His
life was one of daily Christian practice and was a model to
hundreds of students in whose lives the influence of his own
noble character will continue to live.

Rochester , Wis.

Luta Axtell.

THE WISCONSIN ACADEMY OF SCIENCES, ARTS, AND

LETTERS.

OFFICERS.

President,

C. Dwight Marsh,

Ripon College, Ripon.

Vice-President of Sciences ,
Harriet B. Merrill,
Milwaukee-Downer College, Milwaukee.

Vice-President of Arts ,

Edward D. Eaton,

Beloit College, Beloit.

Vice-President of Letters ,
Frederick J. Turner,
University of Wisconsin, Madison.

Secretary ,

Albert S. Flint,
University of Wisconsin, Madison.

Treasurer ,

Lellen S. Cheney,
University of Wisconsin, Madison.

Librarian ,

William S. Marshall,
University of Wisconsin, Madison.

Curator ,

Herman F. Lueders,
Sauk City.

Officers .

563

COUNCIL.

The President, Vice-Presidents, Secretary, Treasurer, and Past
Presidents retaining their residence in Wisconsin.

COMMITTEE ON PUBLICATION.

C. Dwight Marsh, Ripon, President.

Albert S. Flint, Madison, Secretary.

Charles S. Slighter, Madison.

John G-. Gregory, Milwaukee.

COMMITTEE ON LIBRARY.

William S. Marshall, Madison, Librarian.

Reuben G. Thwaites, Madison.

Charles H. Chandler, Ripon.

COMMITTEE ON MEMBERSHIP.

Albert S. Flint, Madison, Secretary.

Andrew S. Mitchell, Milwaukee.

Dexter P. Nicholson, Appleton.

Addison L. Ewing, River Falls.

John J. Davis, Racine.

PAST PRESIDENTS.

Honorable John W. Hoyt, M. D., LL. D. , Washington, D. C.,
1870-75.

Professor P. R. Hoy, M. D.,* 1876-78.

President A. L. Chapin, D. D.,* 1879-81.

Professor Roland D. Irving, Ph. D.,* 1882-84.

Professor Thomas C. Chamberlin, Ph. D., LL. D., Chicago,
Ill,, 1885-87.

Professor William F. Allen, A. M.,** 1888-89.

Professor Edward A. Birge, Ph. D., Madison, 1889-90.

Librarian George W. Peckham, LL. D., Milwaukee, 1891-93.
Professor Charles R. Van Hise, Ph. D., Madison, 1894-96.

* Deceased. ** Deceased December 9, 1889. Professor Birge elected to

fill unexpired term.

564

Wisconsin Academy of Sciences , Arts , and Letters.

HONORARY MEMBERS.

Agassiz, Alexander, Cambridge, Mass.

A. B., S. B., LL. D. (Harvard) Director of the Museum of Comparative Zoology,
Emeritus, Harvard University.

Chamberlin, Thomas Chrowder, Hyde Park Hotel, Chicago, Ill.

A. B. (Beloit); Ph. D. (Wisconsin, Michigan); LL. D. (Michigan, Beloit,
Columbian). Head of Geological Department and Director of Walker
Museum, University of Chicago.

Gilman, Daniel Coit, 614 Park Av., Baltimore, Md.

A. B., A. M. (Yale) ; LL. D. (Yale, Harvard, Princeton, St. Johns, Columbia,
North Carolina). President of Johns Hopkins University.

Harris, William Torrey, 1303 P. St., N. W. , Washington, D. C.

A. M. (Yale) ; Ph. D. (Brown, Jena) ; LL. D. (Missouri, Yale, Princeton,
Pennsylvania). United States Commissioner of Education; Officer
d’lnstruction Publique of France.

Shaler, Nathaniel Southgate, 25 Quincy St., Cambridge, Mass.

S. B., S. D. (Harvard). Professor of Geology, Harvard University ; Dean
of the Lawrence Scientific School.

Whitman, Charles Otis, University of Chicago, Chicago, Ill.

A. B., A. M. (Bowdoin) ; Ph. D. (Leipzig); LL. D. (Nebraska). Head
Professor of Zoology, University of Chicago ; Director of Marine
Biological Laboratory, Woods Holl, Mass.

LIFE MEMBERS.

Barnes, Charles Reid, University of Chicago, Chicago, Ill.

A. B., A. M., Ph. D. (Hanover). Professor of Plant Physiology, University

of Chicago.

Birge, Edward Asahel, 744 Langdon St., Madison.

A. B., A. M. (Williams); Ph. D. (Harvard); Sc. D., Honorary (Western
University of Pennsylvania). Professor of Zoology and Dean of the
College of Letters and Science, University of Wisconsin ; Member
of Board of Commissioners of Fisheries. Wisconsin ; Direc¬
tor and Superintendent of Wisconsin Geological
and Natural History Survey.

Davies, John Eugene, 523 N. Carroll St., Madison.

A. B., A. M. (Lawrence) ; M. D. (Chicago Medical) ; LL. D. (Northwestern).
Professor of Electricity and Magnetism, and Mathematical
Physics, University of Wisconsin.

Hastings, Samuel Dexter, 827 S. Monroe St., Green Bay.

Ex-Treasurer of State of Wisconsin ; Ex-Secretary of State Board of Chari¬
ties and Reform.

Life and Active Members.

565

Hobbs, William Herbert, 223 N. Carroll St., Madison.

B. S. (Worcester Polytechnic Institute) ; A. M., Ph. D. (Johns Hopkins). Pro¬
fessor of Mineralogy and Petrology, University of Wisconsin;

Assistant Geologist, U. S. Geological Survey.

Hoyt, John Wesley, The Victoria, Washington, D. C.

A. M. (Ohio Wesleyan) ; M. D., LL. D. (Missouri). Chairman of the National
Committee to Promote the Establishment of the University
of the United States.

Mitchell. John Lendrum, Milwaukee.

Ex-U. S. Senator from Wisconsin ; Vice-President of Board of Managers of
National Home for Disabled Volunteer Soldiers, Milwaukee.

Peckham, George Williams, 646 Marshall St., Milwaukee.

LL. D. ^Wisconsin), Librarian Public Library.

Van Cleef, Prank Louis, 39 Port Greene PI. , Brooklyn, N. Y.

A. B. (Oberlin, Harvard) ; Ph. D. (Bonn). Expert in Office of Commissioner

of Records, Kings Co.

Van Hise, Charles Richard, 630 Francis St., Madison.

B. Met. E., B. S., M. S., Ph. D. (Wisconsin). Geologist in charge of Lake Su¬

perior Division, U. S. Geological Survey; Non-Resident Professor of
Structural Geology, University of Chicago; Professor of
Geology, University of Wisconsin; Consulting Geolo¬
gist, Wisconsin Geological and Natural His¬
tory Survey.

ACTIVE MEMBERS.

Adams, Charles Kendall, 772 Langdon St., Madison.

A. B., A. M. (Michigan); LL. D. (Harvard). President of the University
of Wisconsin ; Member Exofficio of Board of Commissioners, Wis¬
consin Geogical and Natural History Survey, and Presi¬
dent of Board.

Anderson, Mrs. W. E., 134 Twentieth St., Milwaukee.

Austin, Louis Winslow, 22 Mendota Court, Madison.

A. B. (Middlebury) ; Ph. D. (Strassburg) . Assistant Professor of Physics,
University of Wisconsin.

Baetz, Henry, 2820 Highland Boulevard, Milwaukee.

Ex-Treasurer, State of Wisconsin. Purchasing Agent of Pabst Brewing

Company.

Balg, Gerhard Hubert, 704 Walnut St., Milwaukee.

A. B. (Wisconsin); A. M., Ph. D. (Heidelberg). Philologist and Teacher.

Bille, John, River Falls.

Teacher.

Blackstone, Dodge Pierce, 921 Wisconsin St., Berlin.

A. B., A. M„ C. E. (Union).

566 Wisconsin Academy of Sciences , Arts , and Letters.

Blake, William Phipps, Tucson, Arizona.

A. M., Hon. (Dartmouth); Ph. B. (Yale) ; Professor of Geology and Mining,

University of Arizona ; Director, Arizona School of Mines.

Brown, Eugene Anson, 152 E. Johnson St., Madison.

M. D. (Hahnemann Medical). Physician and Surgeon; Secretary of Board
of Federal Pension Examiners for Madison District.

Browne, George Merwin, Oshkosh.

Bruncken, Ernest, 269 Seventeenth St., Milwaukee.

Attorney at Law, Room 18, Mack Block.

Buckley, Ernest Robertson, 302 Lake St., Madison.

B. S., Ph. D. (Wisconsin). Geologist in Charge of Economic Geology,

Wisconsin Geological and Natural History Survey ; University
Extension Lecturer, Wisconsin.

Buell, Charles E. , University Heights, Madison.

B. S., LL. B. (Wisconsin). Attorney (Buell and Hanks); Assistant Attor¬
ney General of Wisconsin.

Burgess, Arthur Joseph, 1102 Grand Av., Milwaukee.

M. D. (Harvard).

Burke, John F., 904 Pabst Building, Milwaukee.

Butler, James Davie, 518 Wisconsin Av. , Madison.

A. B., A. M., LL. D. (Middlebury) . Minister and Teacher.

Chandler, Charles Henry, 308 Thorne St., Ripon.

A. B., A. M. (Dartmouth). Professor of Mathematics and Astronomy,
Ripon College.

Chandler, Elwyn Francis,

University of North Dakota, Grand Forks, N. D.

A. B., A. M. (Ripon). Instructor in Mathematics, University of North

Dakota.

Chandler, Willard Harris, Madison.

State Inspector of High Schools .

Chapin, Robert Coit, 709 College St., Beloit.

A. B., A. M. (Beloit); D. B. (Yale). Professor of Political Economy, Beloit

College .

Cheney, Lellen Sterling, 318 Bruen St., Madison.

B. S., M. S. (Wisconsin). Assistant Professor of Pharmaceutical Botany,

University of Wisconsin.

Clas, Alfred Charles, 628 Jackson St., Milwaukee.

Architect (Ferry and Clas), 419 Broadway, Milwaukee.

Clements, Julius Morgan, 609 Lake St., Madison.

A. B., A. M. (Alabama) ; Ph. D. (Leipzig). Assistant Professor of Geology,
University of Wisconsin ; Assistant Geologist, U. S. Geological
Survey.

Active Members.

567

Comstock, Elting Houghtaling, 311 Brooks St., Madison.

B. S. (Wisconsin). Honorary Fellow in Mathematics, University of
Wisconsin.

Comstock, George Cary, Observatory Hill, Madison.

Ph. B. (Michigan); LL. B. (Wisconsin). Professor of Astronomy and Direc¬
tor of Washburn Observatory, University of Wisconsin ; Secretary
of the Astronomical and Astrophysical Society of America.

Conrath, Adam, 630 Chestnut St., Milwaukee.

Ph. G._( Philadelphia College of Pharmacy). Pharmacist.

Copeland, Edwin Bingham, Morgantown, W. Va.

A. B. (Leland Stanford, Jr.) ; A. M., Ph. D. (Halle-Wittenberg). Assistant
Professor of Botany, West Virginia University.

Culver, Garry Eugene, 1103 Main St., Stevens Point.

A. M. (Denison). Professor of Physical Science, State Normal School.

Daniells, William Willard, 515 N. Carroll St., Madison.

M. S., Sc. D. (Michigan Agricultural). Professor of Chemistry, University of

Wisconsin.

Dapprich, Emil, 558-568 Broadway, Milwaukee.

Director National German-American Teachers’ Seminary.

Davis, John Jefferson, 504 Monument Sq., Racine.

B. S. (Illinois) ; M. D. (Hahnemann). Physician.

Densmore, Hiram Delos, 718 Clary St., Beloit.

A. B., A. M. (Beloit). Professor of Botany, Beloit College.

Desmond, Humphrey J., 375 E. Water St., Milwaukee.

B. L. (Wisconsin). A. M. (Notre Dame). Lawyer.

Dietrich, Otto, 805 Grand Av., Milwaukee.

Ph. D. (Halle, Germany). Principal of Milwaukee Latin School.

Dowling, Linnaeus Wayland, University Heights, Madison.

Ph. D. (Clark). Assistant Professor of Mathematics, University of
Wisconsin.

Dudley, William H. Platteville

Instructor in Biology, State Normal SchooL

Eaton, Edward Dwight, 847 College Av., Beloit.

A. B., A. M. (Beloit) ; B. D. (Yale) ; LL. D. (Wisconsin); D. D. (Northwest¬
ern). President and Professor of Ethics and History, Beloit
College.

Ely, Richard Theodore, University Heights, Madison.

A. B., A. M. (Columbia); Ph. D. (Heidelberg); LL. D. (Hobart). Profes¬
sor of Political Economy, and Director of the School of Economics,

Political Science, and History, University of Wisconsin.

Estee, Mrs. James B., 1422 Wells St., Milwaukee

568

Wisconsin Academy of Sciences , Arts , and Letters.

Ewing, Addison Luther, River Falls.

B. S., M. S. (Cornell), Professor of Natural Science, State Normal School.

Ferry, George Bowman, 19 Woodland Court, Milwaukee.

Architect (Ferry and Clas) .

Fischer, Richard, Madison.

Ph. G., B. S. (Michigan) Student, University of Marburg, 1899-1900.

Flagg, Rufus Cushman, Ripon.

A. B.,D.D. (Middlebury). President of Ripon College .

Flint, Albert Stowell, 420 Charter St., Madison.

A. B. (Harvard), A. M. (Cincinnati). Assistant Astronomer, Washburn
Observatory, University of Wisconsin.

Folkmar, Daniel, (temporary) 3 Rue de Savoie, Bruxelles, Bel¬
gium; (forwarding address) care of Mr. George Cuddeback,

Whitewater.

A. B., A. M. (Western).

Frankenburger, David Bower, 115 W. Gilman St., Madison.

Ph. B., LL. B., A. M. (Wisconsin). Professor of Rhetoric and Oratory,
University of Wisconsin.

Frost, William Dodge, 311 Charter St., Madison.

B. S., M. S. (Minnesota). Instructor in Bacteriology, University of Wisconsin.

Gibbs, George, 1811 Walnut St., Philadelphia, Pa.

M. E. (Stevens Institute). Consulting Engineer of Baldwin Locomotive
Works, Philadelphia, and of Westinghouse Electric and Manufac¬
turing Company, Pittsburg.

Giese, William Frederick, 426 Bruen St., Madison.

A. B., A. M. (Harvard). Assistant Professor of Romance Languages, Uni¬
versity of Wisconsin.

Goodhue, William Fletcher, 45 and 204 Grand Av., Milwaukee.

Civil Engineer.

Gordon, Mrs. George, 1144 Humboldt Av., Milwaukee.

Grant, Fanny, 817 Newhall St., Milwaukee.

Author, Musical Critic for the New York Musical Courier.

Gregory, John Goadby, 717 Jefferson St., Milwaukee.

Associate Editor, The Evening Wisconsin.

Haessler, Luise, 443 Madison St., Milwaukee.

Teacher of Modern Languages, South Division High School.

Hancock, Edward See, Shullsburg.

B. S. (Wisconsin). Principal, Shullsburg High School.

Active Members.

569

Harrison, Caleb Notbohm, 422 N. Henry St., Madison.

B. C. E. (Wisconsin); Pk. D. (Johns Hopkins). Acting Professor of Ma¬
chine Design, University of Wisconsin.

Harvey, Nathan Albert, West Superior.

Teacher of Natural Science, State Normal School.

Harwood, Mary Corinthia, Bartlett Cottage, Ripon.

L. B., L. M. (Lawrence). Preceptress and Instructor in French and Ger¬
man, Ripon College.

Haskins, Charles Homer, 629 Francis St., Madison.

A. B., Ph. D. (Johns Hopkins) . Professor of Institutional History, Univer¬

sity of Wisconsin.

Heald, Fred de Forest, 309 E. Kirkwood St., Fairfield, la.

B. S., M. S. (Wisconsin); Ph. D. (Leipzig). Professor of Biology, Parsons

College .

Henry, William Arnon, University Farm, Madison.

B. Agr. (Cornell). Dean of the College of Agriculture and Director of the
Agricultural Experiment Station, University of Wisconsin.

Hillyer, Homer Winthrop, University Heights, Madison.

B. S. (Wisconsin); Ph. D. (Johns Hopkins) ; Assistant Professor of Organic
Chemistry, University of Wisconsin.

Hodge, Willard Addison, Madison.

A B.,A. M. (Ripon).

Hollister, Albert Henry, 17 Langdon St., Madison.

Pharmacist; Colonel and Aide-de-Camp to the Commander-in-Chief, Wis¬
consin National Guard.

Hooper, Sanford Adelbert, Los Angeles, Cal.

A. B., A. M. (Beloit).

Hubbard, Frank Gaylord, 227 Langdon St., Madison.

A. B. (Williams); Ph. D. (Johns Hopkins). Professor of the English Lan¬
guage, University of Wisconsin.

Huntington, Ellsworth, Harpoot, Turkey in Asia;

(forwarding Address) care of Mrs. H. S. Huntington, Mil-
ton, Mass.

A. B. (Beloit). Teacher, Euphrates College, Harpoot.

Jastrow, Joseph, 237 Langdon St., Madison.

A. B., A. M. (Pennsylvania); Ph. D. (Johns Hopkins). Professor of Psy¬

chology, University of Wisconsin.

Jegi, John I., 322 Twentieth St., Milwaukee.

B. S. (Chicago); M. S. "(Normal College, Dixon, Ill. ) . Professor of Physi¬

ology and Psychology, State Normal School.

Johnson, Warren Seymour, 120 Sycamore St., Milwaukee.

Mechanical Engineer.

57 0 Wisconsin Aeademy of Sciences, Arts, and Letters.

Jones, Edward David, Capitol Building, Albany, N. Y.

B. S. (Ohio Wesleyan) ; Ph. D. (Wisconsin). Instructor in Economics and
Statistics, University of Wisconsin (on leave of absence) ; Special
Agent in Education and Social Economy with the United
States Commission to the Paris Exposition of 1900.

Kahlenberg, Louis, 306 Lake St., Madison.

B. S., M. S. (Wisconsin); Ph. D. (Leipzig). Assistant Professor of Phy¬
sical Chemistry, University of Wisconsin.

Kimball, Mather Dean, 742 Cass St., Milwaukee.

B. A. (Northwestern).

King, Franklin Hiram, 1540 University Av. , Madison.

Professor of Agricultural Physics, University of Wisconsin.

Knowlton, Amos Arnold, University Heights, Madison.

A. B., A. M. (Bowdoin) ; Assistant Professor of English, University of Wis¬

consin.

Kremers, Edward, 320 Jackson St., Wingra Park, Madison.

Ph. G.,B. S. (Wisconsin); Ph. D. (Gottingen). Professor of Pharmaceutical
Chemistry, University of Wisconsin.

Krueger, Henry, 376 Twenty-seventh Av., Milwaukee.

Principal Tenth District School, No. 2.

Kuhn, Harry, 312 Reservoir Av., Milwaukee.

Clerk, Milwaukee Gas Light Co.

Ladoff, Isidor, Milwaukee.

Analytical Chemist.

Laird, Arthur Gordon, 609 Lake St., Madison.

Assistant Professor of Ancient Languages, University of Wisconsin.

Lamb, Francis Jones, 212 N. Carroll St., Madison.

Attorney at Law.

Lane, George Frederick, Ripon.

Director of Conservatory of Music, Ripon College.

Legler, Henry E., City Hall, Milwaukee.

Secretary of School Board.

Libby, Orin Grant, 426 Bruen St., Madison.

B. L., M. L., Ph. D. (Wisconsin). Instructor in History, University of Wis¬

consin.

Lincoln, Azariah Thomas, 710 E. State St., Ithaca, N. Y.

B. S., M. S., Ph. D. (Wisconsin). Research Assistant in Physical Chemis¬
try, Cornell University.

Lueders, Herman Frederick, Sauk City,.

B. S. (Wisconsin.)

909 Cambridge Av., Milwaukee..

Mallory, Mrs. R. B.,

Active Members.

571

Marks, Solon, 6 Prospect Av., Milwaukee.

M. D. (Rush). Professor of,’ Fractures and Dislocations and Military Sur¬
gery, Wisconsin College of Physicans and Surgeons.

Marsh, Charles Dwight, Ripon.

A. B., A. M. (Amherst). Professor of Biology,’ Ripon College; Member
Ex officio of Board of Commissioners of Wisconsin Geological and
Natural History Survey and Secretary of the Board.

Marshall, Ruth, 221 Langdon St., Madison.

B. S. (Wisconsin). Teacher of Science, High School.

Marshall, William Stanley, 324 N. Carroll St., Madison.

:B. S. (Swarthmore) ; Ph. D. (Leipzig). Assistant Professor of Zoology, Uni-
versity of Wisconsin.

Maurer, Edward Rose, University Heights, Madison.

B. C. E. (Wisconsin). Assistant Professor of Pure and Applied Mechanics,
University of Wisconsin.

McKenna, Maurice, 78 Third St.. Pond du Lac.

Attorney at Law ; President of the Bar Association and Chairman of the
Board of Supervisors, Fond du Lac County.

McMinn, Amelia, 144 Twenty-seventh St., Milwaukee.

B. S. (Wisconsin). Instructor in Biology, West Side High School.

Meachem, John Goldsborough, Jr., 745 College Av., Racine.

M. D. (Rush). Physician.

Merrell, Edward Huntington, Ripon.

A. B.,A. M. (Qberlin);D. D. (Lawrence); LL. D. (Middlebury). Professor

of Moral Philosophy, Ripon College.

Merrill, Harriet Bell, Milwaukee.

B. S., M. S. (Wisconsin). Professor of Biology, Milwaukee-Downer College.

Merrill, Mary Ellen, (Mrs. S. S.), 3355 Grand Av., Milwaukee.

Meyer, Balthasar Henry, 311 Brooks St., Madison.

B. L., Ph. D. (Wisconsin). Assistant Professor of Sociology, Secretary of
the University Extension Department and of the Committee on
Accredited Schools, University of Wisconsin.

Miller, William Snow, 615 Lake St., Madison.

M. D. (Yale). Assistant Professor of Vertebrate Anatomy, University of

Wisconsin.

Mitchell, Andrew Stuart, 220 Greenbush St., Milwaukee.

Ph. C. (Michigan). Analyst and Teacher of Chemistry ; Chemist, Wisconsin
State Dairy and Food Commission, Madison.

Moorehouse, George Wilton, (until February 28, 1900) Lake¬
side Hospital, Cleveland, Ohio.

B. L., M. L. (Wisconsin) ; M. D. (Harvard).

37

572

Wisconsin Academy of Sciences , Arts, and Letters.

Morris, William Augustus Pringle, 240 Langdon St., Madison.

A. B. (Hamilton). Attorney at Law.

Nader, John, 302 W. Main St., Madison.

Architect and Civil Engineer.

Nehrlino, Henry, 254 Twenty-first St., Milwaukee.

Curator Public Museum.

Nicholson, Dexter Putnam. 504 John St., Appleton.

B. S., M. S. (Lawrence). Professor of Natural History, Lawrence University.

Norton, Richard Greenleaf, 22 N. Carroll St., Madison.

Mechanician.

Noyes, George Henry, 204 Prospect Av., Milwaukee.

A. B., LL. B. (Wisconsin). Attorney; Ex-Judge Superior Court; President

of Board of Regents, University of Wisconsin.

O’Connor, Charles James, 1242 E. Dayton St., Madison.

A. B. (Wisconsin) . Fellow in Latin, University of Wisconsin.

O’Shea, M. Vincent, 140 Langdon St., Madison.

B. L. (Cornell). Professor of the Science and Art of Education, University

of Wisconsin.

Owen, Edward Thomas, 614 State St., Madison.

A. B. (Yale) . Professor of the French Language and Literature, University
of Wisconsin.

Pabst, Fred, Milwaukee.

Parker, Fletcher Andrew, 14 W. Gilman St., Madison.

Professor of Music and Director of School of Music, University of Wisconsin ;
Musical Director, Madison Choral Union.

Pereles, James M , 529 Astor St., Milwaukee.

LL.B. Lawyer. Ex-President Public School Board; President Public
Library; County Judge, Milwaukee Co.

Pereles, Jennie W. (Mrs. J. M.), 529 Astor St., Milwaukee.

Treasurer Wisconsin Training School for Nurses; Secretary Milwaukee
Flower Mission and Mission Kindergarten .

Pereles, Nellie W. (Mrs. T. J.), 535 Astor St., Milwaukee.

Pereles, Thomas Jefferson, 535 Astor St., Milwaukee.

LL. B. (Wisconsin). Attorney at Law (Nathl. Pereles and Sons).

Plantz, Samuel, Appleton.

A. M. (Lawrence) ; Ph. D. (Boston) ; D. D. (Albion). President of Lawrence

University.

Porter, William, 735 College St., Beloit.

A. B„ A. M., D. D. (Williams). Professor of Latin and Dean, Beloit College.

Active Members.

573

Post, Harriet L., 1182 Humboldt Av., Milwaukee.

M. D. (Woman’s Medical College of New York Infirmary). Instructor in
Biology, East Side High School.

Pretts, William Walter, 2246 Michigan Av., Chicago, Ill.

B. S. (Wisconsin).

Puls, Arthur John, 116 Mason St., Milwaukee.

B. L. (Wisconsin); M. D. (Heidelberg). Physician.

Putney, Frank Howel], 105 Park Av., Waukesha.

Attorney at Law.

Pankin, Walter L., 201 East Av., Waukesha.

A. M., Ph. D. (Princeton). President, Carroll College.

Reul, Miss Matilda E., Baraboo.

B. S., M. S. (Wisconsin). Teacher, Baraboo High School.

Pichter, Arthur William, 426 Murray St., Madison.

B.M.E., M. E. (Wisconsin) ; M.M.E. (Cornell). Assistant Professor of
Experimental Engineering, University of Wisconsin.

Pohde, Hugo W. , 319 Park St., Madison.

Poeseler, John Samuel, 1616 N. Seventh St., Sheboygan.

B. L. (Wisconsin). Principal of High School.

Rogers, Augustus J. , 318 Ogden Av., Milwaukee.

Ph. B. (Cornell). Principal of East Side High School.

Ruenzel, Henry Gottlieb, 753 Third St., Milwaukee.

Ph. G. (Wisconsin). Pharmacist.

Russell, Harry Lumau, 1532 Univ. Av., Madison.

B. S., M. S. (Wisconsin); Ph. D. (Johns Hopkins). Professor of Bacteriol¬
ogy, University of Wisconsin.

Salmon, Edward Payson, 618 Church St., Beloit.

A. M. (Beloit>. Congregational Minister ; Second Vice-President of Board

of Trustees, Beloit College.

Sanborn, John Bell, 215 W. Tenth Av., Columbus, O.

B. L., M. L., Ph. D. (Wisconsin). Assistant in American History, Ohio

State University.

Sanford, Albert Hart, 1052 Clark St., Stevens Point.

B. L. (Wiscomsin) ; A. B. (Harvard). Instructor in History and Civics,

State Normal School.

Saunderson, George William, ' Ripon.

A. B., A. M. (Dartmouth); LL. B. (Boston). Professor of English Litera¬
ture and Oratory, Ripon College.

Schlundt, Herman,

144 Twenty-seventh St., Milwaukee;

(temporary) Universitats Str. 26, Leipzig, Germany.

B. S., M. S. (Wisconsin). Student, University of Leipzig.

574 Wisconsin Academy of Sciences , Arts , and Letters.
Scott, William Amasa, 619 Langdon St., Madison.

A. B., A. M. (Rochester); Ph. D. (Johns Hopkins). Professor of Economic
History and Theory, University of Wisconsin.

Sharp, Frank Chapman, 27 Mendota Court, Madison.

• A. B. (Amherst) ; Ph . D. (Berlin). Assistant Professor of Philosophy, Uni¬
versity of Wisconsin.

Skinner, Ernest Brown, Madison ;

(until May 1, 1900) 5738 Jackson Av., Chicago, Ill.

A. B. (Ohio University at Athens). Assistant Professor of Mathematics,
University of Wisconsin (on leave of absence) ; Graduate Stu¬
dent, University of Chicago.

Slaughter, Moses Stephen, 633 Francis St., Madison.

A. B , A. M. (DePauw) ; Ph. D. (Johns Hopkins). Professor of Latin, Uni¬

versity of Wisconsin.

Slighter, Charles Sumner, 636 Francis St., Madison.

B. S., M. S. (Northwestern). Professor of Applied Mathematics, University

of Wisconsin.

Smith, Erastus Gilbert, Beloit.

A. B., A. M. (Amherst) ; A. H., Ph. D. (Gottingen). Professor of Chemistry,

Beloit College.

Smith, Leonard Sewell, 939 University Av., Madison.

B. C. E./C. E. (Wisconsin). Assistant Professor of Topographic and Geo¬

detic Engineering, University of Wisconsin.

Starr, William J. , 135 Marston Av., Eau Claire.

LL. B. (Columbia). Member, Board of Commissioners of Fisheries, Wis¬
consin ; President of the Eau Claire Public Library .

Pawney, Guy Allan, Beloit.

A. B., A. M. (Princeton); Ph.D. (Leipzig). Squier Professor of Mental
Science and Philosophy, Beloit College.

Teller, Edgar E., 3303 Cedar St., Milwaukee.

Director of Geology and Palaeontology, Wisconsin Natural History Society.

Thwaites, Reuben Gold, 260 Langdon St., Madison^

Secretary and Superintendent, State Historical Society of Wisconsin.

True, Rodney Howard, (temporary), 54 Concord Av.,

Cambridge, Mass.

B. S. (Wisconsin); Ph. D. (Leipzig).

Turner, Frederick Jackson, 629 Francis St., Madison.

A. B., A. M. (Wisconsin); Ph. D. (Johns Hopkins). Professor of American
History, University of Wisconsin.

UlHLEIN, August,

Milwaukee.

Active Members.

575

Updike, Eugene G-rover, 148 Langdon St., Madison.

B. S., M. S., D. D. (Lawrence) . Pastor, First Congregational Church.

Upham, Arthur Aquila, 106 Conger St., Whitewater.

Professor of Natural Sciences, State Normal School.

9

Urban, Leopold Charles, 647 Third St., Milwaukee.

Ph. G., Ph. M. (Wisconsin). Pharmaceutical Chemist, Kremers and
Urban Co.

Walker, Milo S., 1551 Lill Av., Chicago, Ill.

Ph. B . , Ph . M. (Wooster); Ph. D. (Johns Hopkins). Instructor in Chem¬
istry, West Division High School, Chicago.

Van Velzer, Charles Ambrose, 134 W. Gorham St., Madison.

B. S. (Cornell); Ph. D. (Hillsdale). Professorof Mathematics, University
of Wisconsin.

Viebahn, Charles Frederick, 703 Western Av., Watertown.

Superintendent of Schools and Principal of High School.

Weidman, Samuel, 115 W. Johnson St., Madison.

B.S., Ph. D. (Wisconsin). Geologist, Wisconsin Geological and Natural
History Survey.

Whitcomb, Annabell Cook (Mrs. Henry F.),

721 Franklin St., Milwaukee.

Wingate, Uranus O. B., 204 Biddle St., Milwaukee.

M. D. (Dartmouth) . Professor of Diseases of the Mind and Nervous System,
Wisconsin College of Physicians and Surgeons; Secretary of State
Board of Health.

Wolff, Henry C., 1508 Belknap St., West Superior.

B. S., M. S. (Wisconsin). Instructor of Mathematics in High School.

Woll, Fritz Wilhelm, 424 Charter St., Madison.

B. S., Ph. B. (Christiania); M. S. (Wisconsin). Assistant Professor of Agri¬
cultural Chemistry and Chemist to the Agricultural Experiment
Station, University of Wisconsin.

Zimmermann, Charles Frederick A., 622 Otjen St., Milwaukee.

Ph. B. (Illinois Wesleyan) ; A. M. (Charles City). Principal Seventeenth

District School.

Zimmermann, Oliver Brunner, 2414|- Cold Spring Av., Milwaukee.

B. Mec. E. (Wisconsin). Director of Manual Training, West Side High

School.

576

Wisconsin Academy of Sciences , Arts , (md Letters .

CORRESPONDING MEMBERS.

Abbott, Charles Conrad,

M. D. (Pennsylvania).

Trenton, N. J.

Andrews, Edmund,

65 Randolph St., Chicago, Ill.

A. B., A. M., M. D., LL. D. (Michigan). Professor of Clinical Surgery, North¬

western University; Surgeon, Mercy Hospital; Consulting Surgeon,

Michael Reese Hospital and Illinois Hospital for Women
and Children.

Armsby, Henry Prentiss, State College, Pa.

B. S. (Worcester Polytechnic) ; Ph. B., Ph. D. (Yale). Director of Experiment

Station.

Bacon, George Preston, Elgin Academy, Elgin, Ill.,

Bascom, John, park St. , Williamstown, Mass.

A. B., A. M. (Williams); D. D ; LL. D. (Amherst, Williams). Profes¬

sor of Political cience, Williams College.

Bennett, Charles Edwin, 1 Grove Place, Ithaca, N. Y

A. B. (Brown). Professor of Latin Languages and Literature, Cornell Uni¬
versity.

r 217 S. Broadway, Los Angeles, Calif. ;
} Oct. and Nov. each year, Rush Med-
(_ ical College, Chicago, Ill.

A. M. (Lake Forest) ; M. D. (Northwestern, Rush"). Professor of Medicine,

Rush Medical College .

Bridge, Norman,

Caverno, Charles, Lombard, I1L

A. M. (Dartmouth); LL. D. (Colorado). Clergyman, retired.

Coulter, John Merle, Chicago, Ill.

A. B.,A. M., Ph. D. (Hanover) ; Ph. D. (Indiana). Head Professor of
Botany, University of Chicago.

Crooker, Joseph Henry, 110 N. State St., Ann Arbor, Mich.

Minister, Unitarian Church.

Davis, Floyd, 317 Iowa Loan and Trust Bldg., Des Moines, la.

Ph. B., C. E., E. M. (Missouri) ; Ph. D. (Miami). Analytical and Consulting

Chemist.

Eckles, William Alexander, Oxford, Ohio.

A. B.,A. M. (Dickinson) ; Ph. D. (Johns Hopkins). Professor of Greek,

Miami University.

Fallows, Samuel, 967 W. Monroe st., Chicago, Ill.

A. B.,A. M.,LL. D. (Wisconsin); D. D. (Lawrence). Presiding Bishop of
the Reformed Episcopal Church ; Chancellor of the University
Association; President of Board of Managers, Illinois
State Reformatory.

Corresponding Members.

577

Hendrickson, George Lincoln, 5730 Woodlawn Av., Chicago, Ill.

A. B. (Johns Hopkins). Professor of Latin, University of Chicago.

Higley, William Kerr, Lincoln Park, Chicago, Ill.

Ph. M. (Michigan). Secretary, Chicago Academy of Sciences.

Hodge, Clifton Fremont, 3 Charlotte St., Worcester, Mass,

A. B. (Ripon); Ph. D. (Johns Hopkins) . Assistant Professor of Physiology

and Neurology, Clark University.

Holden, Edward Singleton,

Smithsonian Institution, Washington, D. C.

B. S.,A. M. (Washington); S. D. (Pacific); LL. D. (Wisconsin and Colum¬

bia) . Astronomer .

Holland, Frederic May, Main St., Concord, Mass.

A. B. (Harvard).

Hoskins, Leander Miller, Stanford University, Calif.

B. S., M. S., B. C. E., C. E. (Wisconsin). Professor of Applied Mathema¬
tics tics, Leland Stanford Jr. University.

Iddings, Joseph Paxson, 5730 Woodlawn Av., Chicago, Ill.

Ph. B. (Yale). Professor of Petrology, University of Chicago.

Kinley, David, Urbana, Ill.

A. B. (Yale); Ph. D. (Wisconsin). Dean of the College of Literature and
Arts, and Professor of Economics, University of Illinois.

Leverett, Frank, Denmark, Iowa.

tB. Sc. (Iowa Agricultural). Assistant Geologist, U. S. Geological Survey.

Lurton, Freeman Ellsworth,

*B. S., M. S. (Carleton); Ph. D. (Gale). Superintendent of Public Schools.

Monticello, Minn.

Luther, George Elmer,

266 S. College Av., Grand Rapids, Mich.

Chief Mortgage Clerk, Michigan Trust Co. ; Treasurer of the Historical
Society of Grand Rapids.

Marx, Charles David, Stanford University, Calif.

B. C. E. (Cornell) ; C. E. (Carlsruhe). Professor of Civil Engineering, Le¬
land Stanford Jr. University.

McClumpha, Charles Flint, Minneapolis, Minn.

A. B., A. M. (Princeton); Ph. D. (Leipzig). Professor of English Language
and Literature, University of Minnesota .

Orton, Edward, 100 Twentieth St., Columbus Ohio.

A. B., A. M., Ph. D. (Hamilton); LL. D. (Ohio). Professor of Geology,

Ohio State University ; State Geologist of Ohio.

Peet, Stephen Denison, 5327 Madison Av., Chicago.

A. M.,Ph. D. (Beloit). Clergyman; Editor American Antiquarian.

578

Wisconsin Academy of Sciences , Arts , and Letters.

Potter, William Bleecker, 1225 Spruce St., St. Louis, Mo.

A.B.,A. M.,M.E. (Columbia) . Mining Engineer and Metallurgist.

Power, Frederick Belding, 535 Warren St., Hudson, N. Y.

Ph. G. (Phila. Coll, of Pharm.); Ph. D. (Strassburg) . Director of Wellcome
Chemical Research Laboratories, London, Eng.

Raymond, Jerome Hall, Morgantown, W. Va.

A. B., A. M. (Northwestern) ; Ph. D. (Chicago). President of West Virginia

University.

Safford Truman Henry, Williamstown, Mass.

A. B. (Harvard); Ph. D. (Williams). Field Memorial Professor of Astron¬
omy, Williams College.

Salisbury, Rollin D., Chicago University, Chicago, Ill.

A. M. (Beloit). Professor of Geographic Geology, University of Chicago;
Geologist, U. S. Geological Survey, State Geological Survey, New
Jersey.

Sawyer, Wesley Caleb, 2840 Russ St., Berkeley, Calif.

A. B., A. M. (Harvard) ; A. M., Ph. D. (Gottingen).

Shipman, Stephen Vaughn, 269 Warren Av. , Chicago, Ill.

Architect.

Steele, G-eorge McKendrae, 19 Chalmer Place, Chicago, Ill.

A. B., A. M. (Wesleyan) ; D4D. (Northwestern) ; LL. D. (Lawrence).

Tatlock, John, Jr., 32 Nassau St., New York, N. Y.

A. B., A. M. (Williams) . Assistant Actuary, Mutual Life Insurance Co.

Tolman, Albert Harris, 5750 Woodlawn Av., Chicago, HI.

A. B. (Williams); Ph. D. (Strassburg). Assistant Professor of English

Literature and Dean, University of Chicago.

Tolman, Herbert Cushing, Nashville, Tenn.

A. B., Ph. D. (Yale). Professor of Greek, Vanderbilt University.

Townley, Sidney Dean, 2023 Bancroft Way, Berkeley, Cal.

B. S., M. S. (Wisconsin); S. D. (Michigan). Instructor in Practical As¬

tronomy, University of California.

Trelease, William, Botanical Carden, St. Louis, Mo.

B. S. (Cornell); S. D. (Harvard). Director of Missouri Botanical Garden
and Henry Shaw School of Botany, Engelmann Professor of Botany,
Washington University.

Van de Warker, Ely, 404 Fayette Park, Syracuse, N. Y.

M. D. (Albany Medical and Union). Surgeon Central New York Hospital
for Women; Consulting Physician St. Ann’s Maternity Hospital ; Senior
Surgeon Women’s and Children’s Hospital; Commissioner of
Education, Syracuse.

Van Vleck, Edward Burr, Middletown, Ct.

A. B.,A. M . (Wesleyan) ; Ph. D. (Gottingen). Professor of Mathematics,
Wesleyan University.

Corresponding , and Deceased Members.

579

Verrill, Addison Emory, 86 Whalley Av. , New Haven, Ct.

S. B. (Harvard); A. M. (Yale). Professor of Zoology, Yale University.

Winchell, N. H., 120 State St., Minneapolis, Minn.

A. M. (Michigan). State Geologist of Minnesota.

Young, Albert Adams, 531 S. Claremont Av., Chicago, Ill.

A. B.,A. M. (Dartmouth). D. B. (Andover). Clergyman.

MEMBERS DECEASED.

INFORMATION OF WHOSE DECEASE HAS BEEN RECEIVED SINCE THE
ISSUE OF VOLUME XI.

Axtell, Wayland S. Principal of Rochester Academy, Roches¬
ter, April 6, 1899.

Bremer, Mrs. Hugo (Alice Aikens), Milwaukee, August 25,
1898.

De Vere, Maximilliaii F. S., Professor of Modern Languages,
University of Virginia, Charlottesville, Va., March 12, 1898.

Foye, James C., Professor of Chemistry, Armour Institute,
Chicago, July 3, 1896.

Horr, Asa, M. D., Chief of Staff, Mercy Hospital, Dubuque,
Iowa, June, 1896.

Hubbell, Herbert P., Winona, Minn., January 25, 1899.

* Marcy, Oliver, Professor of Geology, Northwestern Univer¬
sity, Evanston, Ill.

Stump, I. W., Oswego, N. Y.

*An account of thQ life of Dr. Marcy will be found in the Northwestern

* Christian Advocate , March 22 and March 29, 1899.

EXTRACTS FROM THE CHARTER.

An Act to incorporate the Wisconsin Academy of Sciences, Arts, and.

Letters.

The people of the state of Wisconsin, represented in senate and assem •
t)ly, do enact as follows:

Section 1. Lucius Fairchild, Nelson Dewey, John W. Hoyt, Increase
A. Lapham, * * * *x at present being members and officers of an

association known as “The Wisconsin Academy of Sciences, Arts, and
Letters,” located at the city of Madison, together with their future as¬
sociates and successors forever, are hereby created a body corporate
by the name and style of the “Wisconsin Academy of Sciences, Arts,
and Letters,” and by that name shall have perpetual succession; shall
be capable in law of contracting and being contracted with, of suing
and being sued, of pleading and being impleaded in all courts of com¬
petent jurisdiction; and may do and perform such acts as are usually
performed by like corporate bodies.

Section 2. The general objects of the Academy shall be to encour¬
age investigation and disseminate correct views in the various depart¬
ments of science, literature, and the arts. Among the specific objects
of the Academy shall be embraced the following:

1. Researches and investigations in the various departments of the
material, metaphysical, ethical, ethnological, and social sciences.

2. A progressive and thorough scientific survey of the state with a
view of determining its mineral, agricultural, and other resources.

3. The advancement of the useful arts, through the applications of
science, and by the encouragement of original invention.

4. The encouragement of the fine arts, by means of honors and prizes
awarded to artists for original works of superior merit.

5. The formation of scientific, economic, and art museums.

6. The encouragement of philological and historical research, the
collection and preservation of historic records, and the formation of a
general library.

7. The diffusion of knowledge by the publication of original con¬
tributions to science, literature, and the arts.

i Here follow the names of forty others. Sections 5, 6, 8, and 9 are omitted here as
of no present interest. For the charter in full see Transactions, vol. viii, p. xi, or
earlier volumes.

Extracts from the Charter.

581

Section 3. Said Academy may have a common seal and alter the
same at pleasure; may ordain and enforce such constitution, regula¬
tions, and by-laws as may be necessary, and alter the same at pleasure;
may receive and hold real and personal property, and may use and
dispose of the same at pleasure; provided, that it shall not divert any
donation or bequest from the uses and objects proposed by the donor,
and that none of the property acquired by it shall, in any manner, be
alienated other than in the way of exchange of duplicate specimens,
books, and other effects, with similar institutions and in the manner
specified in the next section of this act, without the consent of the
legislature.

Section 4. It shall be the duty of the said Academy, so far as the
same may be done without detriment to its own collections, to furnish,
at the discretion of its officers, duplicate typical specimens of objects
in natural history to the University of Wisconsin, and to the other
schools and colleges of the state.

Section 7. Any existing society or institution having like objects
embraced by said Academy, may be constituted a department thereof,
or be otherwise connected therewith, on terms mutually satisfactory to
the governing bodies of the said Academy and such other society or
institution.

Approved March 16, 1870.

EXTRACTS FROM THE WISCONSIN STATUTES OF 1898.

TRANSACTIONS OF THE ACADEMY.

Section 341. There shall be printed by the state printer biennially
in pamphlet form two thousand copies of the transactions of the Wis¬
consin Academy of Sciences, Arts, and Letters, uniform in style with
the volumes heretofore printed for said society.

CHAPTER 22.

OF THE DISTRIBUTION OF PUBLIC DOCUMENTS.

Section 365. The transactions of the Wisconsin Academy of Sci¬
ences, Arts, and Letters shall be distributed as follows: One copy to
each member of the legislature, one copy to the librarian of each state
institution; one hundred copies to the State Agricultural Society; one
hundred copies to the State Historical Society; one hundred copies to
the State University, and the remainder to said Academy.

Section 366. In the distribution of books or other packages, if such
packages are too large or would cost too much to be sent by mail, they
shall be sent by express or freight, and the accounts for such express or
freight charges, properly certified to, shall be paid out of the state
treasury.

Note. — The Academy allows each author one hundred separates of
his paper from the Transactions without expense to the author, except
a small charge for printed covers when desired. — Editor.

(582)

CONSTITUTION OF THE WISCONSIN ACADEMY OF
SCIENCES, ARTS, AND LETTERS.

[As amended in Articles V and IX at the regular meeting of December,

1899.]

Article I. — Name and Location.

This association shall be known as the Wisconsin Academy of Sci¬
ences, Arts, and Letters, and shall be located at the city of Madison.

Article II. — Object.

The object of the Academy shall be the promotion of sciences, arts,
and letters in the state of Wisconsin. Among the special objects shall
be the publication of the results of investigation and the formation of
a library.

Article III. — Membership.

The Academy shall include four classes of members, viz.: life mem¬
bers, honorary members, corresponding members, and active members,
to be elected by ballot.

1. Life members shall be elected on account of special services ren¬
dered the Academy. Life membership in the Academy may also be
obtained by the payment of one hundred dollars and election by the
Academy. Life members shall be allowed to vote and to hold office.

2. Honorary members shall be elected by the Academy and shall be
men who have rendered conspicuous services to science, arts, or letters.

3. Corresponding members shall be elected from those who have been
active members of the Academy, but have removed from the state. By
special vote of the Academy men of attainments in science or letters
may be elected corresponding members. They shall have no vote in
the meetings of the Academy.

4. Active members shall be elected by the Academy and shall enter
upon membership on the payment of an initiation fee of two dollars
which shall include the first annual assessment of one dollar. The an¬
nual assessment shall be omitted for the president, secretary, treasurer,
and librarian during their term of office.

(583)

584

Wisconsin Academy of Sciences, Arts, and Letters.

Article IV. — Officers.

The officers of the Academy shall be a president, a vice-president for
each of the three departments, sciences, arts, and letters, a secretary, a
librarian, a treasurer, and a custodian. These officers shall be chosen
by ballot, on recommendation of the committee on nomination of offi¬
cers, by the Academy at an annual meeting and shall hold office for
three years. Their duties shall be those usually performed by officers
thus named in scientific societies. It shall be one of the duties of the
president to prepare an address which shall be delivered before the
Academy at the annual meeting at which his term of office expires.

Article V. — Council.

The council of the Academy shall be entrusted with the manage¬
ment of its affairs during the intervals between regular meetings, and
shall consist of the president, the three vice-presidents, the secretary,
the treasurer, the librarian, and the past presidents who retain their
residence in Wisconsin. Three members of the council shall constitute
a quorum for the transaction of business, provided the secretary and
one of the presiding officers be included in the number.

Article VI. — Committees.

The standing committees of the Academy shall be a committee on
publication, a library committee, and a committee on the nomination
of members. These committees shall be elected at the annual meeting
of the Academy in the same manner as the other officers of the Acad¬
emy, and shall hold office for the same term.

1. The committee on publication shall consist of the president and
secretary and a third member elected by the Academy. They shall de¬
termine the matter which shall bb printed in the publications of the
Academy. They may at their discretion refer papers of a doubtful
character to specialists for their opinion as to scientific value and
relevancy.

2. The library committee shall consist of three members and shall
include the librarian.

3. The committee on nomination of members shall consist of five
members, one of whom shall be the secretary of the Academy.

Article VII. — Meetings.

The annual meetings of the Academy shall be held between Christ¬
mas and New Year, at such place as the council may designate; but all
regular meetings for the election of the board of officers shall be held
at Madison. Summer field meetings shall be held at such times and

Constitution.

585

places as tlie Academy or the council may decide. Special meetings
may be called by the council.

Article VIIL— Publications.

The regular publication of the Academy shall be known as its
Transactions, and shall include suitable papers, a record of its pro¬
ceedings, and any other matter pertaining to the Academy. This shall
be printed by the state as provided in the statutes of Wisconsin. All
members of the Academy shall receive gratis the current issues of its
Transactions.

Article IX. — Amendments.

Amendments to this constitution may be made at any annual meet¬
ing by a vote of three-fourths of all the members present; provided,
that the amendment has been proposed by five members, and that no¬
tice has been sent to all the members at least one month before the
meeting.

RESOLUTIONS REGULATIVE OF THE PROCEEDINGS
OF THE ACADEMY.

THE TRANSACTIONS OF THE ACADEMY.

[By the Academy, December 28, 1882. Transactions, Vol. YI, p. 350.1

2. The secretary of the Academy shall be charged with the special
duty of overseeing and editing the publication of future volumes of the
Transactions.

3. The Transactions of the Academy hereafter published shall con¬
tain: (a) a list of officers and members of the Academy; (b) the char¬
ter, by-laws and constitution of the Academy as amended to date; (c)
the proceedings of the meetings; and (d) such papers as are duly cer¬
tified in writing to the secretary as accepted for publication in accord¬
ance with the following regulations, and no other.

6. In deciding as to the papers to be selected for publication, the
committee shall have special regard to their value as genuine, original
contributions to the knowledge of the subject discussed.

9. The Sub-Committee on Publication shall be charged with insisting
upon the correction of errors in grammar, phraseology, etc., on the part
of authors, and shall call the attention of authors to any other points
in their papers, which in their judgment appear to need revision.

[By the Academy, June 2, 1892, Yol. IX, p. ii.1

The secretary was given authority to allow as much as ten dollars
for the illustrations of a paper when the contribution was of sufficient
value to warrant it. A larger amount than this might be allowed by
the Committee on Publication.

[By the Academy, December 29, 1896, Yol. XI, p. 558.1

The secretary was directed to add to the date of publication as
printed on the outside of author’s separates the words, “Issued in ad¬
vance of general publication.”

Resolutions Relating to the Academy.

587

LOCAL AND AFFILIATED SOCIETIES.

[By the Academy, December 28, 1881, Yol. YI, p. 346-1

Resolved, That the Academy favors and will foster to the best of its
ability the establishment of local literary and scientific societies
throughout 'the state.

[ By the Academy, December 30, 1884, Yol. YII, p. 261.1

Any local scientific or literary society may apply for affiliation with
the Academy, submitting its constitution, etc., to the inspection and
approval of the Academy. If affiliated, it may propose for member¬
ship in the Academy such of its members as it shall select. These per¬
sons shall be considered as nominated for membership in the Academy,
and if elected, shall be entitled to all privileges of regular members.
The society shall pay to the Academy one-half of the regular annual
dues of the Academy for each person so elected, and shall be entitled
to as many copies of future volumes of the transactions of the Acad¬
emy as it contains members of the Academy. In case of the discon¬
tinuance of a local society, these persons may continue as members
of the Academy on payment of the regular dues.

A list of the officers, and the names of the members, and a copy of
the minutes of the meetings of affiliated societies shall be forwarded
to the Academy, and the whole or such portion as the council shall
think best shall be published in the report of the transactions of the
Academy.

COLLECTION OF FOSSILS.

[. By the Academy, December 29, 1892, Yol. IX, p. vii.1

Resolved, That the general collection of fossils which were given to
the Academy by the Wisconsin Geological Survey in 1879 may be dis¬
tributed with the collections of the University of Wisconsin, but so
labeled as to indicate that they are the property of the Academy; but
that the collection of type specimens is to be kept separate from the
others, and not to be included in the general University collection.

FEES OF LIFE MEMBERS.

[By the Academy, July 19, 1870, Yol. I, p. 187.1

Resolved, That the fees from members for life be set apart as a perma¬
nent endowment fund to be invested in Wisconsin state bonds, or other
equally safe securities, and that the proceeds of said fund, only, be used
for the general purposes of the Academy.

38

588

Wisconsin Academy of Sciences , Arts, and Letters.

ANNUAL DUES.

{By the Academy, December 29, 1892, Vol. IX, p. vi.1

Resolved, That the secretary and treasurer he instructed to strike
from the list of active members of the Academy the names of all who
are in arrears in the payment of annual dues, except in those cases
where, in their judgment, it is desirable to retain such members for a
longer time.

ARREARS OF ANNUAL DUES.

[By the Council, December 29, 1891.1

Resolved, That the treasurer be requested to send out the notices of
annual dues as soon as possible after each annual meeting and to ex¬
tend the notice to the second or third time within a period of four
months where required.

Note. — The Printing Commissioners of the State of Wisconsin now
require all copy to be at hand ready for the printer before the permit
for printing shall be issued by the Secretary of State. But, under a
ruling of the Commissioners, made in response to a presentation by the
Committee of the Academy appointed December 29, 1897, each volume of
the Transactions may be issued in two consecutive parts; so that a
publication may thus be issued each year covering the papers accepted
after the previous annual meeting.

LIST OF EXCHANGES.

BY WILLIAM S. MARSHALL,
Librarian.

CONTENTS.

he arrangement of the list is in alphabetical order by continents, countries, and cities .

Page.

Africa:

Algeria . 590

Cape Colony . 590

Egypt . 590

North America:

Canada . 590

Cuba . 591

Mexico . 591

United States . 591

South America:

Argentine Republic . 596

Brazil . % . 597

Chili . 597

Uruguay . 597

Asia:

China . 597

India . 597

Japan . 598

Netherlands Indies . 598

Page

Australasia:

New South Wales . 598

New Zealand . 598

Queensland . 598

South Australia . 599

Victoria . 599

Western Australia . 599

Europe:

Austria Hungary . 599

Belgium . 601

Denmark . 601

France . 601

Germany . 603

Great Britain and Ireland .... 608

Italy . 610

Netherlands . 612

Norway . 612

Portugal . 613

Roumania . 613

Russia . 613

Spain . 614

Sweden . 614

Switzerland . 615

590

Wisconsin Academy of Sciences , Arts, and Letters.

AFRICA.

ALGERIA.

Bone.

1. Academie d’Hippone. Society de Recherche Scientifique et
d’Acelimatation.

CAPE COLONY.

Cape Town.

1. South African Philosophical Society.

EGYPT.

Cairo.

1. InstTtut Egyptien.

NORTH AMERICA.

CANADA.

Halifax.

1. Nova Scotian Institute of Science.

Hamilton.

1. Hamilton Association.

Kingston.

1. Queen’s University.

Montreal.

1. Canadian Record of Science.

2. McGill University Library.

3. Natural Historjr Society.

Ottawa .

1. Literary and Scientific Society.

2. Ottawa Field Naturalist Club.

3. Ottawa Naturalist.

4. The Royal Society of Canada.

Quebec.

1. Geographical Society of Quebec.

St. John.

1. Natural Plistory Society of New Brunswick.

St. Johns.

1. Geological Survey of Newfoundland.

591

List of Exchanges.

Toronto .

1. Astronomical and Physical Society.

2. Canadian Institute.

Winnipeg.

1. Manitoba Historical and Scientific Society.

CUBA.

Habana.

1. Real Universadad de la Habana.

MEXICO.

Mexico .

1. Museo Nacional.

2. Secretaria de Fomento, Colonizacion, e Industria.

3. Sociedad Cientifica “Antonio Alzate.”

4. Sociedad Farmaceutica Mexicana.

5. Sociedad Mexicana de Geografia y Estadistica.

6. Sociedad Mexicana de Historia Natural.

Tacubaya.

1. Observatorio Astronomico Nacional.

p'>'T "

Toluca.

1. InstTtuto Cientifico y Literario.

UNITED STATES.

Albany, N. Y.

1. University of the State of New York.

2. New York State Library.

3. Museum of Natural History.

Ames, Iowa.

1. Iowa State College of Agriculture.

Ann Arbor, Mich.

1. Engineering Society of Ann Arbor.

Auburn, Ala.

1. Agricultural Experiment Station.
Austin, Tex.

1. Texas Academy of Science.

592

Wisconsin Academy of Sciences , Arts , and Letters.

Baltimore, Md.

1. Johns Hopkins University.

Beloit, Wis.

1. Library of Beloit College.

Berkeley, Cal.'

1. University of California Agricultural Experiment Station.
Boston, Mass.

1. Boston Society of Natural History.

2. American Academy of Arts and Sciences.

3. Massachusetts Institute of Technology.

Brooklyn, N. Y.

1. Brooklyn Institute of Arts and Sciences.

Brookville, Ind.

1. Indiana Academy of Science.

Buffalo, N. Y.

1. Buffalo Society of Natural Sciences.

Burlington, Vt.

1. Vermont Agricultural Experiment Station.

Cambridge, Mass.

1. Library of Harvard University.

2. Museum of Comparative Zoology, Harvard University.

3. Nuttall Ornithological Club.

Champaign, Ill.

1. Illinois State Laboratory of Natural History.

2. University of Illinois.

3. Civil Engineers’ Club of University of Illinois.

Chapel Hill, N. C.

1. The Elisha Mitchell Scientific Society.

Chicago, Ill.

1. Association of Engineering Societies.

2. Field Columbian Museum.

3. Journal of Geology, University of Chicago.

4. John Crerar Library.

Cincinnati, O.

1. Cincinnati Society of Natural History.

2. Lloyd Museum and Library.

List of Exchanges.

Colorado Springs, Colo.

1. Colorado College Scientific Society.

Columbus, O.

1. Geological Survey of Ohio.

2. Ohio State University.

Davenport, la.

1. Davenport Academy of Natural Science.

Denver, Colo.

1. The Colorado Scientific Society.

Des Moines, la.

1. Iowa Academy of Sciences.

Duluth, Minn.

1. Historical and Scientific Association.

Evanston, Ill.

1. Northwestern University.

Granville, O.

1. Journal of Comparative Neurology.

2. Denison University.

Harrisburg, Penn.

1. Geological Survey of Pennsylvania.

Indianapolis, Ind.

1. Geological Survey of Indiana.

2. Indiana Academy of Science.

Iowa City, la.

State University of Iowa, Natural History Laboratory.

Ithaca, NT. Y.

1. Cornell University.

Jefferson City, Mo.

1. Geological Survey of Missouri.

Kansas City, Mo.

1. Kansas City Review of Science and Industry.

593

594

Wisconsin Academy of Sciences , Arts , and Letters.

Knoxville, Tenn.

1. University of Tennessee.

Lawrence, Kan.

1. University of Kansas.

Lincoln, Neb.

1. University of Nebraska.

Little Bock, Ark.

1. Arkansas Geological Survey.

Medford, Mass.

1. Tufts College.

Milwaukee, Wis.

1. Public Museum.

2. Public Library.

3. Literary Association of Wisconsin.

Minneapolis, Minn.

1. Minnesota Academy of Natural Science.

2. University of Minnesota.

3. Geological and Natural History Survey.

New Brighton, N. Y.

1. Natural Science Association of Staten Island.

New Haven, Conn.

1. Connecticut Academy of Arts and Sciences.

New York City .

1. American Geological Society.

2. American Museum of Natural History.

3. American Ornithologists’ Union.

4. Apotheker Zeitung.

5. Columbia University, School of Mines.

6. Linnean Society.

7. New York Academy of Sciences.

8. New York Botanical Gardens.

9. New York Microscopical Society.

10. Troy Botanical Club, Columbia University.

List of Exchanges.

Philadelphia, Penn. -

1. Academy of Natural Science.

2. American Philosophical Society.

3. Association of Engineering Societies.

4. Commercial Museum.

5. The Franklin Institute.

6. Philadelphia Commercial Museum.

7. Sugar Best.

8. University of Pennsylvania.

9. Zoological Society.

Portland, Me.

1. Portland Society of Natural History.

Poughkeepsie, XL Y.

1. Vassar Bros. Institute.

Princeton, N. J.

1. Museum of Geology and Archaeology.

Pi.ipon, Wis.

1. Ripon College.

Rochester, N. Y.

1. Rochester Academy of Sciences.

Sacramento, Cal.

1. University of California.

2. State Mining Bureau.

Salem, Mass.

1. Essex Institute.

2. American Institute for the Advancement of Science.

San Francisco, Cal.

1. California Academy of Sciences.

Seattle, Wash.

1. Library of University of Washington.

2. Young Naturalists’ Association.

Springfield, Ill.

1. Geological Survey of Illinois.

2. State Entomologist.

596

Wisconsin Academy of Sciences, Arts, and Letters .

St. Louis, Mo.

1. Academy of Science of St. Louis.

State College, Penn.

1. Agricultural Experiment Station.

Topeka, Kan.

1. Washburn Laboratory of Natural History.

2. Kansas Academy of Sciences.

Trenton, N. J.

1. Geological Survey of New Jersey.

2. New Jersey Natural History Society.

Washington, D. C.

1. Department of Agriculture.

2. American Microscopical Society.

3. Bureau of Ethnology.

4. United States Geological Survey.

5. National Academy of Sciences.

6. Philosophical Society of Washington.

7. Smithsonian Institute.

8. United States National Museum.

Wooster, O.

1. Ohio Agricultural Experiment Station.

Worcester, Mass.

1. American Antiquarian Society.

SOUTH AMERICA.

ARGENTINE REPUBLIC.

Buenos Aires.

1. Museo Nacional de Buenos Aires.

2. Sociedad Cientifica Argentina.

Cordoba:

1. Academia Nacional de Ciencias.

La Platta.

1. Direccion General de Estadistrica de la Provincia de Buenos

Aires.

List of Exchanges.

597

BRAZIL.

Rio de Janeiro.

1. Institute Historico Geographic© y Ethnographic.

2. Museo Nacional.

CHILE.

Santiago.

1. Deutscher Wissenschaftlieher der Ein.

2. Observatorio Nacional.

3. Oficina Hidorgrafica de Chile.

4. Sociedad Cientifica de Chile.

5. Sociedad Nacional de Mineria.

PERU.

Lima.

1. Revista de Ciencias.

Montevideo.

1. Museo Nacional.

URUGUAY.

ASIA.

CHINA.

Shanghai.

1. Royal Asiatic Society, China Branch.

INDIA.

Calcutta.

1. Asiatic Society of Bengal.

2. Indian Museum.

3. Royal Botanic Garden. (Sibpur, near Calcutta.)
Madras.

1. Archaeological Survey of South India.

2. Government Central Museum and Library.

Saharanpur.

1. Botanical Department of Northern India.

598

Wisconsin Academy of Sciences , Arts , and Letters.

JAPAN.

Tokyo.

1. Deutsche Gesellschaft fur Natur und Volkerkunde Ost-Asiens,

2. Geographical Society (Chi-ga-ku-kio-kuwai).

3. Botanical Magazine.

4. Anthropological Society.

NETHERLANDS INDIES.

Batavia.

1. Koninklijke Naturkundige Yereenigingin Nederlandsch-Indie.

Buitenzorg.

1. Botanischer Garten.

STRAITS SETTLEMENTS.

Singapore.

1. Royal Asiatic Society, Straits Branch.

AUSTRALASIA.

NEW SOUTH WALES.

Sydney.

1. Anthropological Society of Australasia.

2. Australian Association for the Advancement of Science.

3. Australian Museum.

4. Geological Survey of New South Wales.

5. Linnean Society of New South Wales.

6. New South Wales Zoological Society.

7. Royal Society of New South Wales.

8. University of Sydney.

NEW ZEALAND.

Wellington.

1. New Zealand Institute.

2. Polynesian Society.

3. Colonial Museum and Geological Survey Department.

QUEENSLAND.

Brisbane.

1. Geological Survey of Queensland.

2. Queensland Museum of Natural History.

3. Royal Society of Queensland.

List of Exchanges.

599

SOUTH AUSTRALIA.

Adelaide.

1. Royal Geographical Society.

VICTORIA.

Melbourne.

1. Field Naturalists’ Club.

2. Geological Society of Australasia.

3. Royal Geographical Society of Australasia, Victorian Branch.

4. Royal Society of Victoria.

WESTERN AUSTRALIA.

Perth.

1. Geographical Society of West Australia.

EUROPE.

AUSTRIA HUNGARY.

Brunn.

1. Naturforschender Verein.

2. Scientific Society.

Budapest.

1. Geologische Gesellschaft fur Ungarn. (Magyarhoni Foldtani

Tarsulat. )

2. Magyar Termeszettudomanyi Tarsulat. (R. Hungarian Society

of Natural Sciences.)

3. K. Ungar. Geologische Anstalt. (Magyar Kiralyi Foldtani In-

tezet.

4. Magyar Tudomanyos Akademia (Hungarian Academy of Sci¬

ences).

Graz.

1. Naturwissenschaftlicher Verein fur Steiermark.

Hermannstadt.

1. Siebenbiirgisher Verein fiir Naturwissenschaften.

600

Wisconsin Academy of Sciences , Arts, and Letters .

Innsbruck.

1. Naturwissenschaftliche-Medizinischer Yerein.

2. Tiroler Landes-Museum. Ferdinandeum.

Klagenfurth.

1. Natiirhistorisches Landes-Museum in Karnten.

Klausenburg.

1. Medicinische Naturwissenschaftliche Section des Siebenbiirgi-
schen Museum Vereins.

Krakau.

1. Akademija Umiejetnosic (Academy of Sciences).

Leipa.

1. Nord Bolimischer Excursions-Club.

Prag.

1. K. Bohmischer Gesellschaft der Wissenschaften (Kr&l. Ceske

Spolecnosti Nauk).

2. Naturwissenschaftlicher Yerein “Lotos.”

Trieste.

1. K. K. Astronomisch-Meteorologiscses Observatorium (I. R. Os-

servatorio Marittimo).

2. K. K. Handels- und Nautische Akademie (I. R. Accademia di

Commercio e Nautica).

Wien.

1. Allgemeiner Oesterr. Apotheker Yerein.

2. Chemico-Techniscbe Versuchsstation des Centralvereines fiir

Rribenzucker-Industrie in der Oesterr. Ungar. Monarchie.

3. Kaiserliche Akademie der Wissenschaften.

4. K. K. Gartenbau Gesellschaft.

5. K. K. Geologische Reichsanstalt.

6. K. K. Natiirhistorisches Hof Museum.

7. K. K. Universitats Bibliothek.

8. K. K. Zoologische-Botanische Gesellschaft.

9. Landwirthschaftliche Versuchs-Station.

10. Section fiir Naturkunde des Oesterreichischen Touristen Verein.

11. Wiener Illustrirte Garten-Zeitung.

List of Exchanges.

601

BELGIUM.

Anvers.

1. Societe Royale de Geographie.

Bruxelles.

1. Academie Royale des Sciences, des Lettres, et des Beaux-Arts

de Belgique.

2. Musee Royal d’Histoire Naturelle de Belgique.

3. Societe Beige de Geographie.

4. Societe Beige de Microscopie.

5. Societe Malacologique de Belgique.

6. Societe Royale de Botanique de Belgique.

Liege.

1. Societe Geologique de Belgique.

2. Societe Royale des Sciences.

Louvain.

1. Universite Catholique.

Mons.

1. Societe des Sciences, des Arts, et des Lettres du Hainaut.

Tongres.

1. Societe Scientifique et Litteraire du Limbourg.

DENMARK.

Kjobenhavn (Copenhagen).

1. Commissionen for Ledelsen af de Geologiske og Geographiske

Undersogelse i Gronland.

2. Kongelige Danske Videnskabernes Selskav.

FRANCE.

Amiens.

1. Societe Linneenne du Nord de la France.
Angers.

1. Societe Linneenne de Maine-et-Loire.

Annecy.

1. Societe Florimontane.

602

Wisconsin Academy of Sciences , Arts, and Letters .

Besancon.

1. Academie des Sciences, Belles-Lettres, et Arts.

Beziers.

1. Societe d’Etude des Sciences Naturalles de Beziers.

Bordeaux.

1. Academie National des Belles-Lettres, Sciences, et Arts.

2. Societe Linneenne de Bordeaux (Societe de Medecine de Bor-

deaux).

Bourg.

1. Societe d’Emulation Agriculture, Sciences, Lettres, et Arts de
l’Ain.

Caen.

1. Academie Nationale des Sciences, Arts, et Belles-Lettres.

Chalon-sur-Saone.

1. Societe des Sciences Naturelles de Saone-et-Loire.

Cherbourg.

1. Societe Academique de Cherbourg.

2. Societe Nationale des Sciences Naturelles et Mathematiques de

Cherbourg.

Dijon.

1. Union Geographique du Nord de la France.

2. Academie des Sciences, Arts, et Belles-Lettres de Dijon.

Gueret.

1. Societe des Sciences Naturelles et Archeologiques de la Creuse.
La Bochelle.

1. Academie des Belles-Lettres, Sciences, et Arts de la Rochelle.

Le Mans.

1. Societe d’Agriculture, Sciences, et Arts de la Sarthe.

Lille.

1. Societe Geologique de Nord.

Lyon.

1. Academie des Sciences, Belles-Lettres, et Arts de Lyon.

1. Societe Botanique de Lyon.

List of Exchanges.

603

Macon.

1. Societe d’Historie Naturelle.

Marseille.

1. Societe Scientifique Industrielle.

Montpellier.

1. Academie des Sciences et Lettres de Montpellier.
Nantes.

1. Station Agronomique.

Nimes.

1. Societe d’Etudes des Science Naturelles.

Paris.

1. Ministere de 1’Instruction Publique et des Beaux-Arts.

2. Prefecture de la Seine, Second Bureau de Cabinet,

3. Societe Entomdlogique de France.

4. Societe d’Ethnographie.

5. Societe Frangaise de Physique.

6. Feuilles des Jeunes Naturalistes.

R-ouen.

1. Societe des Amis des Sciences Naturelles (de Rouen).

2. Societe Normandee de Geographie.

Toulon.

1. Societe Academique du Yar.

Toulouse.

1. Societe Frangaise de Botanique.

2. Universite.

Tours.

1. Societe d’AgricuIture, Sciences, Arts, et Belles-Lettres.

GERMANY.

Augsburg.

1. Naturwissenschaftlicher Verein fiir Schwaben und Neuburg.

Bamberg.

1. Nafurforschende Gesellschaft.

89

604 Wisconsin Academy of Sciences , Arts , and Letters.

Berlin.

1. Apotheker-Zeitung.

2. Botanischer Yerein der Provinz Brandenburg.

3. Deutsche Geologische Gesellschaft.

4. Deutscher Verein zum Schutze der Yogelwelt.

5. Gesellschaft fur Erdkunde.

6. Gesellschaft Naturforschender Freunde.

7. Koniglich Preussische Akademie der Wissenschaften.

S. Museum fur Naturkunde.

9. Zeitschrift fiir Gartenbau und Gartenkunst. (Zeitschrift fur
die Gesammten Naturwissenschaften in Halle.)

10. Zeitschrift fiir Instrumentenkunde.

11. Zeitschrift fiir Praktische Geologie.

Bonn.

1. Mineralogisches Museum und Institut der Universitat.

2. Naturhistorischer Verein der Preussischen Rheinland, West-

falens, und des Regierun&sbezirks Osnabriick.

Braunschweig.

1. Verein fiir Naturwissenschaften.

Bremen.

1. Naturwissenschaftlicher Verein.

Breslau.

1. Schlesische Gesellschaft fiir Vaterlandische Kultur.

2. Verein fiir Schlesische Insektenkunde.

3. Zeitschrift fiir Entomologie.

Danzig.

1. Naturforschende Gesellschaft.

Dresden.

1. Kbnigliches Mineralogisch-Geologisch- und Prahistorisch.es Mu¬

seum.

2. Naturwissenschaftliche Gesellschaft “Isis.”

3. Verein fiir Erdkunde.

Dusseldorf.

1. Naturwissenschaftlicher Verein.

Elberfeld.

1. Naturwissenschaftlicher Verein von Elberfeld und Barmen.
Emden.

1. Naturforschende Gesellschaft.

List of Exchanges.

605

Erfurt.

1. Academie Gemeinniitziger Wissenschaften.

Erlangen.

1. Physikalisch-Medicinische Societat.

Erankfurt-am-Main.

1. Physikalischer und Aerztlicher Verein.

2. Senckenbergische Naturforschende Gesellschaft.

Erankfurt-an-der-Oder.

1. Helios.

2. Naturwissenschaftlicher Verein.

3. Sociefatum Litterae (Redaction der).

Ereiburg-im-Breisgau.

1. Naturforschende Gesellschaft.

Gera.

1. Gesellschaft der Freunde der Naturwissenschaften.

Giessen.

1. Oberhessische Gesellschaft fur Natur- und Heilkunde.

Gcerlitz.

1. Naturforschende Gesellschaft.

Goettingen.

1. Konigliche Societat der Wissenschaften.

Greifswald.

1. Geographische Gesellschaft.

2. Naturwissenschaftlicher Verein von Neuvorpommern und Riigen.
Halle-an-der-Saale.

1. Kaiserliche Leopoldinisch-Carolinische Deutsche Akademie der

Naturforscher.

2. Naturforschende Gesellschaft.

3. Naturwissenschaftlicher Verein fur Sachsen und Thuringen.
Hamburg.

1. Naturwissenschaftlicher Verein.

2. Verein fur Naturwissenschaftliche Unterhaltung.

Hanau.

1. Wetterauische Gesellschaft fur die Gesammte Naturkunde.

606

Wisconsin Academy of Sciences , Arts, and Letters.

Hannover.

1. Deutscher Seefiseherei-Verein.

2. Naturhistorische Gesellschaft.

Heidelberg.

1. Naturhistorische-Medicinischer Yerein.

Jena.

1. Medicinisch-Naturwissenschaftlicher Gesellschaft.

2. Universitats-Bibliothek.

Karlsruhe.

1. Naturwissenschaftlicher Verein.

Kassel.

1. Verein fiir Naturkunde.

Kiel.

1. Mineralogisches Institut der Universitat.

2. Naturwissenschaftlicher Verein fiir Schleswig-Holstein.

3. Universitats-Bibliothek.

Koemigsberg.

1. Botanischer Verein.

2. Konigliche Physikalisch-Oekonomische Gesellschaft.

3. Universitats-Bibliothek.

Landshut.

1. Botanischer Verein.

Leipzig.

1. Koniglieh Sachsische Gesellschaft der Wissenschaften,

2. Naturforschende Gesellschaft.

3. Verein fiir Erdkunde.

Luebeck.

1. Geographische Gesellschaft.

Lueneburg.

1. Naturwissenschaftlicher Verein.

Magdeburg.

1. Naturwissenschaftlicher Verein.

List oj Exchanges.

607

Marburg.

1. Gesellschaft zur Beforderung der Gesaxnmten Naturwissen-
schaften.

1. TJniversitats-Bibliothek.

Metz.

1. Academie de Metz.

Muenchen.

1. Koniglich Bayerische Akademie der Wissenschaften.

2. Konigliche Sternwarte.

Muenster.

1. Provinzial-Verein fiir Wissenschaften und Kunst.

Nuernberg.

1. Naturhistorische Gesellschaft.

Ploen.

1. Biologische Station.

Hegensburg.

1. Historischer Verein fiir die Oberpfals.

2. Naturwissenschaftlicher Verein.

Hostock.

1. Grossherzogliche Mecklenhurgische Geologische Landes-Anstalt.

2. Verein der Freunde der Naturgeschichte in Mecklenburg.

Sfrassburg.

1. Kaiserliche Universitats- und Landes-Bibliothek.

2. Kommission fiir die Geologische Landes-Untersuchung yon

Elsass-Lothringen.

Stuttgart.

1. Wiirtfembergische Vierteljahrshefte fiir Landesgeschichte.

Thorn.

1. Copernicus Verein fiir Wissenschaft und Kunst.

TJlm.

1. Verein fiir Mathematik und Naturwissenschaften.

Weimar.

1. Botanischer Verein fiir das Gesammte Thiiringen.

608 Wisconsin Academy of Sciences , Arts, and Letters .

Wernigerode.

1. Naturwissenschaftlicher Verein.

Wiesbaden.

1. Verein fur Naturkunde.

ENGLAND.

Barrow-in-Furness .

1. Naturalists’ Field Club.

Birmingham.

1. Birmingham Natural History and Philosophical Society.

Cambridge.

1. Cambridge Philological Society.

2. Cambridge Philosophical Society.

Cardiff.

1. Cardiff Naturalists’ Society.

Chester.

1. Chester Natural Science Society.

Guernsey.

1. Guernsey Society of Natural Science and Local Research, Guille
Alles Library.

Halifax.

1. Yorkshire Geological and Polytechnical Society.
Kew.

1. Hooker’s leones Plantarum.

2. Royal Herbarium.

Heeds.

1. Leeds Geological Association.

2. Leeds Philosophical and Literary Society.

3. Yorkshire Naturalists’ Union.

Liverpool.

1. Liverpool Geological Association.

2. Liverpool Geological Society.

• List of Exchanges.

609

London*

1. Aristotelian Society.

2. British Museum, Natural History Division.

3. Geological Society of London.

4. Royal Botanic Society.

5. Royal Horticultural Society.

6. Royal Institution of Great Britain.

7. Royal Society of London.

8. Journal Society of Arts (Society for the Encouragement of Art*

Manufactures, and Commerce).

Manchester.

1. Literary and Philosophical Society.

2. Manchester Field Naturalists’ and Archaeologists’ Society.

3. Manchester Geological Society.

4. Manchester Geographical Society.

Marlborough.

1. Marlborough College Natural History Society.

Newcastle.

1. Literary and Philosophical Society.

2. North of England Institute of Mining and Mechanical Engineers.
Norwich.

1. Norfolk and Norwich Naturalists’ Society.

Penzance.

1. Penzance Natural History and Antiquarian Society.

2. Royal Geological Society of Cornwall.

Preston.

1. Preston Scientific Society.

Sheffield;

1. Literary and Philosophical Society.

Southport.

1. Southport Society of Natural Sciences.

Watford.

1. Hertfordshire Natural History Society and Field Club.

Wellington College, S. E. R.

1. Wellington College Natural History Society.

York.

1. Yorkshire Philosophical Society.

610

Wisconsin Academy of Sciences , Arts , and Letters .

IRELAND.

Belfast.

1. Natural History and Philosophical Society.

Dublin.

1. Royal Dublin Society.

2. Royal Irish Academy.

SCOTLAND.

Edinburgh.

1. Edinburgh Geological Society.

2. Royal Physical Society.

3. Royal Society of Edinburgh.

4. Scottish Microscopical Society.

Glasgow.

1. Glasgow Geological Society.

2. Natural History Society of Glasgow.

Perth.

1. Perthshire Society of Natural Science.

ITALY.

Acireale.

1. Accademia di Scienze, Lettere, ed Arti degli Zelanti.

Bergamo.

1. Accademia Carrara di Belle Arti.

Bologna.

1. Accademia delle Scienze dell’ Istituto di Bologna.
Brescia.

1. Ateneo di Brescia.

Catania.

1. Accademia Gioenia di Scienze Naturali.

List of Exchanges .

611

Firenze (Florence).

1. Biblioteca Nazionale Centrale.

2. Reale Istituto di Studi Superior!.

3. Societa Entomologica Italiana.

Lucca.

1. Reale Accademia Lucchese di Scienze, Lettere, ed Arti.
3/Xiiano.

1. R. Istituto Lombardo di Scienze e Lettere.

2. Societa d’Esplorazione Commerciale in Africa.

3. Societa Italiana di Scienze Naturali.

Modena.

1. R. Accademia di Scienze, Lettere, ed Arti.

2. Societa di Naturalisti in Modena.

Napoli.

1. Societa Italiana delle Scienze.

2. Societa di Naturalisti.

3. Anomalo (L’).

Padova.

1. Rivista di Mineralogia e Cristailografia Italiana.

2. Societa Veneto-Trentina di Scienze Naturali.

Palermo .

1. Circolo Matematico di Palermo.

2. R. Accademia Palermitana di Scienze, Lettere, e Belle-Arti.

Pisa.

1. Societa Toscana di Scienze Naturali.

Roma.

1. British and American Archaeological Society.

2. Societa Geologica Italiana.

3. Societa Italiana delle Scienze.

Torino.

1. Accademia Reale delle Scienze.

Verona.

1. Accademia d’Agricoltura, Commercio, ed Arti di Verona.

612

Wisconsin Academy of Sciences , Arts , and Letters.

NETHERLANDS.

Amsterdam.

1. Genootschap ter Bevordering van Natuur-, Genees-, en Heel-

kunde.

2. Koninklijke Akademie van Wetenschappen. (Royal Academy of

Sciences.)

?s Gravenhage.

1. Koninklijk Xnstituut voor de Taal-, Land-, en Volken-kunde van
Nederlandsch Indie.

Groningen.

1. Natuurkundig Genootschap.

Haarlem.

1. Fondation de P. Teller van der Hulst. (Teyler Stichting.)

2. Hollandsche Maatschappij van Wetenschappen.

3. Koloniaal Museum.

4. Nederlandsche Maatschappij ter Bevordering van Nijverheid.

5. Regts Geleerd. (Societe Nederlandaise des Sciences Naturefiles.)

Leiden.

1. Rijks Geologisch en Mineralogisch Museum.

Middelburg.

1. Zeeuwsch Genootschap van Wetenschappen.

Rotterdam.

1. Bataafsch Genootschap der Proefondtervindelijke Wijsbegeerte^

(Batavian Society of Experimental Philosophy.)

2. Bataafsch Genootschap voor Physika.

Utrecht.

1. Koninklijk Nederlandsche Meteorologisch Instituut.

2. Provinciaal Utrechtsch Genootschap van Kunsten en Wetens-

schappen.

Bergen.

1. Bergens Museum.

NORWAY.

Christiania.

1. Norske Gradmaalings Commission.

2. Norske Meteorologiske Institut.

3. Den Norske Nordhaos Expedition.

4. Universitet.

5. Videnskabs Selskab.

List of Exchanges.

613

Stavanger.

1. Stavanger Museum.

Trondhjem.

1. Kongelige Norske Videnskabernes Selskab.
Tromsce.

1. Tromso Museum.

PORTUGAL.

Coimbra.

1. Sociedade Broteriana.

Lisboa.

1. Academia das Bellas Artes.

2. Commissao dos Trabalhos Golagicos de Portugal.

3. Real Observatorio Astronomico de Lisboa. (Tapada.)

ROUMANIA.

Bukarest.

1. Academia Romana.

2. Institutul Meteorologic al Romaniei.

3. Societe Roumaine de Geographie.

RUSSIA.

Ekaterinburg.

1. Uralskoie Obshcbestvo Lubitelei Iestestvoznania, (Uralian So¬
ciety of Frends of Natural Science.)

Helsingfors.

1. Geologiska Commissionen i Finland.

2. Kejserliga Alexanders-Universitet i Finland. (Magnitnaia i

Meteorologicheskaia Observatoria. )

Xharkof.

1. Obshchestvo Ispytatelei Prirody pri Imper. Kharkofskom Uni-
versitetie. (Society of Naturalists at the Imperial University
of Kharkof.)

614

Wisconsin Academy of Sciences, Arts, and Letters.

Moskva.

1. Imper. Moskofskoie Obshchestvo Iestestvo-Ispytatelei. (Moscow

Imperial Society of Naturalists.)

2. Imper. Zemledielcheskcie Obshchestvo v Moskvie. (Imp. Agri¬

cultural Society of Moscow.)

Odessa.

1. Club Alpin de Crimee.

Riga.

1. Gartenbau Yerein.

2. Obschestvo Iestestvo-Ispytatelei. (Society of Naturalists.)

Sankt-Peterburg.

1. Geologicheskii Komitet. (Geological Committee.)

2. Glavnaia Fizicheskaia Observatoria. (Central Physical Observ¬

atory.

3. Imper. Akademia Nauk. (Imperial Academy of Sciences.)

4. Imper. Sankt-Peterburgskii Botanicheskii Sad. (Imperial Bo¬

tanical Garden.)

5. Imper. Sankt-Peterburgskoie Mineralogicheskoie Obshchestvo.

(Imperial Mineralogical Society.)

6. Institut Imperial de Medecine Experimentale.

7. Sankt Peterburgskoie Obshchestvo Iestestvo-Ispytatelei. (St.

Petersburg Society of Naturalists.)

8. Section Geologique de la Societe des Naturalists de i’Univer-

site Imperiale.

SPAIN.

Barcelona.

1. Real Academia de Ciencias y Artes.

Madrid.

1. Real Academia de la Historia.

2. Real Academia de Ciencias Exactes, Fisicas, y Naturales.

SWEDEN.

Goeteborg.

1. Kongliga Vetenskaps och Vitterhets Samhallet. (Royal Society
of Sciences and Belles-Lettres.)

Lund.

1. Kongliga Universitet.

List of Exchanges.

615

Stockholm.

1. Geologiska Byran.

2. Geologiska Foreningen.

3. Historiska Museum.

4. XJniversitets Biblioteket.

5. Kongliga Svenska Vetenskaps Akademien.

6. Kongliga Vitterhets, Historic ock Antiquitets Akademien.

Upsala.

1. Kongliga XJniversitet.

2. Kongliga Vetenskaps Societeten.

3. XJniversitets Astronomiska Observatoriet.

SWITZERLAND.

Aai'&u.

1. Naturforschende Gesellschaft.

Basel.

1. Naturforschende Gesellschaft.

Bern.

1. Naturforschende Gesellschaft (Societe des Sciences Naturelles).

2. Schweizerische Entomologische Gesellschaft.

3. Schweizerische Naturforschende Gesellschaft. (Societe Hel-

vetique des Sciences Naturelles).

Chur.

1. Naturforschende Gesellschaft Graubundens.

Frauenfeld.

1. Thurgaunische Naturforschende Gesellschaft.

Freibourg.

1. Societe Fribourgeoise des Sciences Naturelles.

Geneva.

1. Societe Botanique de Geneve.

2. Societe de Geographie.

3. Societe de Physique et d’Histoire Naturelle.

4. Geneva Conservatoire Botanique. Dr. J. Brisquet, Directeur.

Lausanne.

1. Societe Vaudoise des Sciences Naturelles.

616

Wisconsin Academy of Sciences , Arts , Letters .

Neuchatel.

1. Societe des Sciences Naturelles.

St. Gall.

1. Naturhistorische Gesellschaft.

2. Naturwissenschaftliche Gesellschaft.

Zurich.

1. International Entomological Society.

2. Naturforschende Gesellschaft.

3. Schweizerische Botanische Gesellschaft.

Madison, Wis., December 20, 1899.

PROCEEDINGS.

SECRETARY’S REPORT.

TWENTY-EIGHTH ANNUAL MEETING,

Milwaukee, Wis., December 27-29, 1897.

The several sessions were carried out with few exceptions according
to the following program which was printed for the meeting.

Monday Evening, December 21th. — Opening lecture, complimentary
to the members of the Wisconsin Teachers’ Association, and to the citi¬
zens of Milwaukee: “Dante,” by William F. Giese, Assistant Professor
•of Romance Languages, University of Wisconsin.

Tuesday Morning , December 28th. — Reports of officers and other gen¬
eral business.

Reading of papers: —

1. Report on the progress of the Geological and Natural History Sur¬
vey of Wisconsin. C. Dwight Marsh, President of the Academy, and
E. A. Birge, Director of the Survey.

2. The fresh water sponges of St. Louis bay. N. A. Harvey.

3. Some economic aspects of the Greenback and Populist movements.
O. G. Libby. (By title.)

4. Some differences between the conduct of private and public busi¬
ness. Ernest Bruncken.

5. Early general railway legislation in Wisconsin. B. H. Meyer.
(By title.)

6. Railroad land grants. J. B. Sanborn.

7. An historical note on early American railroads. Chas. H. Chand¬
ler.

8. The relation of motives to freedom. E. H. Merrelt.

9. The duration of school attendance in Chicago and Milwaukee.
Daniel Folkmar.

618

Wisconsin Academy oj Sciences , Arts , and Letters.

10. On the meaning and function of thought-connectives. E. T.
Owen.

11. The psychology of the “Sense of injury.” W. F. Becker.

12. The fee system in the United States. T. K. Urdahl.

13. The succession-period of generations. Chas. H. Chandler.

14. On the relation of joints to the forces which produce them. Ch
R. Van Hise.

15. The origin of conglomerates. G. L. Collie.

16. Notes on the Itasca basin. F. E. Lurton. (By title.)

17. On a plan to gather information concerning Wisconsin diamonds.
Wm. H. Hoobs.

18. Recent investigations to determine the relation of crystal forms
to chemical composition. Wm. H. Hobbs.

Tuesday Evening. — Adjournment to attend the lecture before the Wis¬
consin Teachers’ Association.

Wednesday Morning, December 29th. — 19. Observations of nature and
people in Eastern Siberia. Isidor Ladoff.

20. Observations on the nocturnal flight of migrating birds. 0. G.
Libby. (To be read by the Secretary.)

21. Unsteady motion in capillary tubes. H. C. Wolff.

22. Theoretical investigation of motion of ground waters. II. C. 8.
Slichter.

23. Pressures within a heterogeneous spheroid. C. 8. Slichter.

24. Recent developments in the electro-magnetic theory of light.
(Abstract. To be read by the Secretary.) J. E. Davies.

25. The action of dilute solutions of electrolytes on the sense of
taste. Louis Kahlenberg.

26. Several nitrogen addition products of caryophyllene. Edward
Eremers.

27. A new model of the lobule of the lung. W. 8. Miller.

28. A study of the variation in the bileducts of the cat. W. S . Miller.

Wednesday Afternoon. — Adjournment to attend the sectional meet¬
ings of the Teachers’ Association.

»

Wednesday Evening. — Lecture, Complimentary to the citizens of Mil¬
waukee: ^Modern methods of water purification.” Illustrated by

lantern projections. By Erastus G. Smith, Professor of Chemistry and
Mineralogy, Beloit College.

Secretary's Report.

619

Tuesday, December 28th.

MORNING SESSION.

The meeting was called to order at 9:10 a. m. by President C. Dwight
Marsh.

The minutes of the Twenty-seventh annual meeting were read and
approved.

The reports of the Secretary, Treasurer, and Librarian were read
severally and adopted. The second was read by the Secretary in the
Treasurer’s absence.

The proposed amendment to the Constitution, as indicated in the
following extract from the printed circular making the preliminary
announcement of the meeting, was brought up for action:

“The attention of members is called to the following amendment
to the Constitution, upon which it is intended to vote at the coming
meeting. The amendment consists in adding certain words, which are
indicated here by italics. To amend the first sentence of Article VII
so as to read: ‘The annual meeting of the Academy shall be held in
Madison, between Christmas and New Year, or at such other place
as the Council may designate .”

Prof. Bfrge moved to amend further by adding after the word “desig¬
nate” the following clause: “but all regular meetings for the election
of officers shall be held at Madison.”

The amendment thus changed was passed.

The President appointed Messrs. Ernest Bruncken, G. E. Culver, and
E. R. Buckley an auditing committee on the report of the Treasurer.

At 9:80 a. m. President Marsh reported on the work done in secur¬
ing the passage of the bill by the State legislature for the Geological
and Natural History Survey of the State. Members of the legislature
generally were favorable to the measure when it had been explained
to them. Members of the Academy had responded readily when asked
for service. Among those most marked in assistance rendered were
Messrs. Chas. R. Van Hise and John G. Gregory, and special credit
was due to Miss Harriet B. Merrill. Considerable help was given by
outside persons also, especially by Mr. Alfred C. Clas in connection
with building stones. A bill was passed finally appropriating $5,000
for two years to carry on the survey.

Director E. A. Birge followed with an account of the work in prog¬
ress on the survey. Three lines were pursued: scientific, economic,
and educational. A hearty response had been received from others
asked to co-operate in the work, although no compensation was of¬
fered except for expense actually incurred, especially from the mem¬
bers of the college faculties throughout the state.

40

620 Wisconsin Academy of Sciences , Arts, and Letters.

President Marsh, also Secretary of the Survey Commission, and Prof.
Chas. R. Van Hise, Consulting Geologist, followed with further re¬
marks upon the work.

The numbers on the printed program were then resumed in order.
Paper No. 2 was discussed by Messrs. E. A. Birge and C. Dwight Marsh.

During a short recess after paper No. 4, the President appointed
a committee to nominate a candidate to fill the vacancy in the Com¬
mittee on Library caused by the resignation of W. S. Leavenworth
from membership in the Academy. The nominating committee con¬
sisted of Messrs. C. S. Slichter, Daniel Folkmar, and Miss Harriet B.
Merrill.

The reading of papers was resumed. Paper No. 9 was discussed by
Messrs. Bruncken and Flint.

The session was adjourned at 12:50 p. m.

AFTERNOON SESSION.

The meeting was called to order again at 2:00 p. m., and the first
paper of the afternoon, No. 10, wras read. It was discussed by F. G.
Hubbard.

Paper No. 13 was discussed briefly.

During a recess which followed this discussion, the report of the
auditing committee wras adopted approving the report of the Treasurer.

On the recommendation of the nominating committee, Charles H.
Chandler was elected to fill the vacancy on the Library committee.

Paper No. 14 was next given. It was discussed by Messrs. Ewing,
Birge, Bruncken, A. S. Mitchell, and Merrell.

Paper No. 15 was omitted owing to the absence of the author, caused
by illness.

The plan presented in Paper No. 17 was to publish notices in the
newspapers published along the moraine regions calling attention to
the possible finding of diamonds. Discussed by C. R. Van Hise and
others.

Paper No. 18 was discussed by Messrs. E. G. Smith, Kremers, and
Slichter.

The session was adjourned at 5:05 p. m.

Wednesday, December 29th.

MORNING SESSION.

The meeting was called to order by the President soon after 9 o’clock.

The President asked what action the Academy would take in view
of the fact that the Secretary of State had announced his intention
to issue no more permits for printing until all of the copy for a vol-

Secretary's Report.

621

ume in question was at hand. Mr. C. R. Van Hise offered the follow-
ing resolution:

“Whereas, It is of vital importance to the Academy that its trans¬
actions be issued in parts as heretofore, in advance of the completed
volume, be it resolved.

That the Secretary of State be requested to grant an order for print¬
ing in continuation of this method of procedure; and that a committee
be appointed to present this resolution to the Secretary of State.”

The resolution was passed unanimously, and the President appointed
Mr. Van Hise and the Secretary of the Academy as the committee.

Paper No. 19 was then read. Discussed by Messrs. E. G. Smith,
Van Hise, Polkmar, and Hobbs.

Paper No. 21 was discussed by Messrs. Slichter and Van Hise; and
No. 22 by ‘Messrs. Upham, Birge, E. G. Smith, and Merrell.

Extensive remarks were made by Mr. Yan Hise following the es¬
pecially interesting paper, No. 23. He expressed it as his conviction
that changes of pressure had much more to do with the folding of
strata in the earth than did the secular contraction.

Paper No. 20 was next read for the author by A. S. Flint, who
had been called away at the appointed time by his duties as secretary.
Discussed by Messrs. Birge, Van Hise, Flint, and others.

Papers No. 24 to 28 inclusive were not read. In the case of the
first the author had been detained at home by illness in his family.
The author of No. 28 also was not feeling well enough to make the
journey to Milwaukee.

The session adjourned at 12 o’clock noon.

A pleasant feature of the meeting was a six o’clock supper at the
Plankinton House given by the Milwaukee members of the Academy
to the visiting members. The time was spent in an informal recep¬
tion in the parlor and friendly conversation at the tables, with no
general speeches.

In the course of the meeting, on the recommendation of the com¬
mittee on membership, twenty-two persons were elected to active mem¬
bership, and five persons were transferred from the list of active mem¬
bers to that of corresponding members. Three life members were
elected. Five resignations from membership were offered and accepted.
The names of all these were printed in the Preliminary Report of the
Secretary, Vol. XI, pp. 564-5 of the Transactions.

Albert S. Flint,

Secretary.

622

Wisconsin Academy of Sciences , Arts , aruZ Letters.

TWENTY-NINTH ANNUAL MEETING.

€

Milwaukee, Wis., December, £7-28, 1898.

The several sessions were conducted in accordance with the follow¬
ing program for the meeting with a few exceptions as noted in the
following:

Tuesday, December 27th. — Reports of officers and other general busi¬
ness.

Reading of papers.

1. Lake temperatures. Edward A. Birge.

2. Reports on the progress of the Geological and Natural History
Survey of Wisconsin. (Illustrated by maps and specimens.) Edward
A. Birge, Director of Survey, C. Dwight Marsh, Secretary, and others, .
including the following:

3. Wisconsin building stones. Ernest R. Buckley.

4. Preliminary account of work done on the lake regions of Vilas
and Oneida counties, Wisconsin. Dexter P. Nicholson.

5. Contributions from the histological laboratory of the University
of Wisconsin. (Illustrated by models and diagrams.) William S.
Miller.

6. Cell fusions occurring without nuclear fusions. Robert A. Harper .

7. Further facts in relation to the succession-period of generations.
Charles H. Chandler.

8. The apparent size of the sun. Charles H. Chandler.

9. Theoretical investigation on the motion of ground waters. III. —
Mutual interference of two or more artesian wells. Charles S. Slichter.

10. The maximum gravitational attraction at the pole of a spheroid.
Elwyn F. Chandler.

11. On the habit of finger-counting. Elwyn F. Chandler.

12. Combinations of Pythagorean triangles as giving exercises in
computation. Truman H. Safford. (To be read by Charles S. Slich¬
ter.)

13. Lantern projections of three dimensional curves and surfaces.
Charles S. Slichter.

14. A study of the class of electric and magnetic oscillations known
as aphotic. John H. Davies. (By title.)

Wednesday, December 28th. — 15. Forestry reform in Wisconsin. Er¬
nest Bruncken.

16. Some facts in regard to the development of Epischura. C.
Dwight Marsh.

17. The block system of arranging insect collections. Harriet B.
Merrill.

Secretory's Report

623

18. Spines of trilobites and their significance. George L. Collie.
{By title.)

19. The crystallography of a gold telluride from Cripple Creek. Will¬
iam H. Hob~bs.

20. The crystallography of a new reduction product of turpene. Will¬
iam H. Hobbs.

21. The volume relations of original and secondary minerals in
rocks. Charles R. Van Hise.

22. Chemistry of chocolate and cocoa. Isidor Ladoff.

23. The electric properties of non-aqueous solutions. Azariah T.
Lincoln. (By title.)

24. The effects of the presence of pure, metals upon plants. Louis
Kahlenberg and Edwin B. Copeland. To be read by the latter.

25. Revision of the pronouns; with special consideration of relatives
and relative clauses. Edward T. Owen.

26. The migration of graduate students in American universities.
Ernest R. Buckley.

27. Mind and matter. Edivard H. Merrell.

28. Arts and letters in Wisconsin; having to do especially with the
art of music. Fanny Grant.

29. Some effective weapons of public reform. Duane Mowry.

30. A study in Chartism: a chapter in English industrial history.
Edivard D. Jones. (By title.)

Tuesday, December 27th.

MORNING SESSION.

The meeting was called to order by President Marsh at 9:30 a. m.
in the Museum Room of the Public Library.

In the absence of the Secretary who was detained at the Washburn
Observatory on account of the lunar eclipse, Mr. E. F. Chandler was
doted secretary pro tern. The annual report of the librarian was read
by the secretary and accepted. On account of absence among officers
and committees other business was postponed and the reading of pa¬
pers taken up.

A motion was made by Professor C. R. Van Hise and discussed by
him and others, that a committee be appointed by the chair to formu¬
late the opinion of the Academy in regard to the State Geological and
Natural History Survey, and in regard to the benefits which will ac¬
crue to the state by its continuation and extension, and to present the
same to the Legislature. The motion was carried.

Messrs. C. R. Van Hise, A. L. Ewing, and Ernest Bruncken were ap¬
pointed as the committee.

Adjourned at 12:30 p. m.

624 Wisconsin Academy of Sciences , Arts , and Letters.

AFTERNOON SESSION.

The meeting was called to order by the President at 2:35 p. m., and
the reading of papers resumed.

Papers No. 6, 8 and 10 were discussed by Messrs. Harper, Birge,
Van Hise and others. Nos. 9, 12, and 13 were omitted on account of
the absence of Professor Slichter, who was detained at home unexpect¬
edly by serious illness in his family.

The annual report of the treasurer was read by the secretary and
referred to an auditing committee appointed by the president and con¬
sisting of the following members: G. E. Culver, C. H. Chandler, and
Ernest Buckley.

After discussion of the subject by Messrs. Van Hise, Birge, and C.
H. Chandler it was voted: That it is the sense of the Academy that the
library should be put in the custody of the State Historical Society,
but that the details of any such arrangement be left to the discretion
of the Council.

The question of the extension of the library by exchanges was dis¬
cussed by Messrs. Birge, Hobbs, Van Hise, and Buckley.

The question of having a duplicate card catalogue made at the ex¬
pense of the Academy in case a card catalogue of it is made by the
State Historical Society was, on motion, referred to the Council.

It was voted that the Council be instructed to make any arrange¬
ments which' may be practicable for securing the right to the use of
a room or rooms wThen necessary in the State Historical Library build¬
ing.

A talk on the Protective Coloration of Animals (illustrated by lan¬
tern slides), was then given by Mr. W. H. Dudley of Platteville.

Adjourned at 5:45 p. m.

Wednesday, December 28 th.

MORNING SESSION.

The meeting was called to order at 9:30 a. m. The Secretary was
present arid read his report, which was approved, together with the
minutes of the preceding annual meeting. The reading of papers was
then resumed.

In presenting paper No. 15, Mr. Bruncken, Secretary of the State
Forestry Commission, stated the recommendations to be made to the
Legislature by the Commission.

The main features of these were: 1st, that the state should devote
to forest cultivation such land unsuited for agriculture as still re¬
mains public land and such other lands as may be turned over to
It by private companies or the national government; 2nd, that a chief

Secretary's Report.

625

forester be appointed, who in turn should appoint assistants especially
to supervise the work of fire-wardens; 3rd, that the 'condition of for¬
est growth he studied and such measures taken as have been approved
by the best forest service in other states and countries. The subject
was discussed by Professor Van Hise, who urged that the Commis¬
sion consult with the President of the State University as to the co¬
ordination of the Commission with the University and the State Geo¬
logical and Natural History Survey. Professor Birge also spoke and
thought the forester contemplated in the bill would be of little serv-
ive beyond that of administration. He cited the State Fish Commis¬
sion as an example of an efficient body having the direction of work
closely related to scientific investigation and expressed the hope that
the direction of any work of forestry cultivation would be intrusted
to the College of Agriculture of the State University which is well
prepared for it.

In presenting paper No. 16, Professor Marsh took occasion to say
that the credit for the work done in preparation was largely due to
Mr. E. E. Hemingway of Ripon College.

Paper No. 17 was next given. Miss Merrill pronounced the block
system as useful in arranging and exhibiting insect collections as the
card catalogue is for reference to books in a library.

Papers No. 18, 19, 20, and 21 were given in accordance with the
program, hut No. 22 was deferred in the absence of the author.

Paper No. 24 was discussed by Messrs. Van Hise, Birge, Schlundt,
and others.

AFTERNOON SESSION.

Professor C. H. Chandler reported from the auditing committee that
they had examined the vouchers of the Treasurer and found all correct.

The committee on membership recommended the following for active
membership :

E. B. Copeland, Madison.

Dr. Otto Dietrich, Milwaukee.

W. H. Dudley, Platteville.

Dr. S. Graenicher, Milwaukee.

E. L. Hancock, Shullsburg.

R. A. Harper, Madison.

V. E. McCaskill, Stevens Point.

Dr. George Meyer, Oconomowoc.

F. E. MiRis, Appleton.

Duane Mowry, Milwaukee.

Ole S. Rice, Madison.

H. W. Rohde Madison.

A. W. Tressler, Ripon.

Gustavus Sessinghaus, Madison.

The committee also recommended the following for corresponding
membership:

G. P. Bacon, Elgin, Ill.

The secretary was instructed to cast the ballot for all of the can¬
didates recommended. This was done and all were declared elected.
Papers Nos. 25 and 26 were read, but No. 27 was passed over in the

626 Wisconsin Academy of Sciences , Arts , and Letters.

absence of the author. Papers Nos. 28 and 29 were read, after which
the meeting was declared adjourned.

No evening addresses or sessions were attempted at this meeting,
as it was 'deemed best to leave members free to attend the evening
lectures before the State Teachers’ Association or for other engage¬
ments.

The attendance at the sessions ranged from thirty to forty persons,
nearly all members.

The following statement was presented by the Secretary at this meet¬
ing as part of his report and accepted:

All of the members-elect of the last annual meeting, with one ex¬
ception, have since qualified, by the payment of dues.

The memoership, as published in Vol. XI of the Transactions, is
constituted as follows: Honorary, 6; life, 12; active, 178; correspond¬
ing, 55; total, 251.

The account of the printers for Vol. XI was settled in full March
26, 1898. The volume contains 526 pages devoted to original papers
and memorial addresses, and 50 pages devoted mostly to the business
of the Academy. In pursuance of the resolution passed at the last
annual meeting with regard to the publication of separates and the en¬
tire volumes, it was agreed by the Secretary of State that Vol. XII
should be published in two parts, and that the permit for Part I should
be issued when all of the copy for that part was at hand. The permit
was issued accordingly May 16, 1898. Since then the printing has
proceeded with ordinary facility with the exception of an interruption
of one month due to the editor’s absence. All of the author’s separates
are distributed, or should be by this date, and the complete edition
is about to be finished. The issue consists of 393 pages, all devoted to
original papers. On account of the approaching meeting of the legis¬
lature the printers will be unable to take up the Academy work again
until next April, at which time it is expected that the printing of Part
2 of Vol. XIT will begin.

Albert S. Flint,

Secretary.

Secretary's Report.

627

THIRTIETH ANNUAL MEETING.

Madisox, Wis., Decembes 28-30, 1899.

The present meeting is the first one held in Madison since four
years ago. The intervening meetings have been held in Milwaukee in
order to avail ourselves of the presence of some of our members at
the meeting of the Wisconsin State Teachers’ Association, and other ad¬
vantages of a metropolis.

Of the fourteen candidates elected to active membership at the last
annual meeting six have qualified, sending their dues to the treasurer:
Dr. Otto Dietrich, Milwaukee; Mr. E. L. Hancock, Shullsburg; Dr. E.
B. Copeland, Madison; Prof. R. A. Harper, Madison; Mr. H. W. Rohde,
Madison; and Prof. W. H. Dudley, Platteville.

The present membership is as follows: Honorary, 6; life, 10; active,
163; corresponding, 46; total, 225. The secretary and treasurer in
consultation have dropped from the active list thirteen names of those
whose dues were four dollars or more in arrears and from whom re¬
peated notices by mail elicited no response. The secretary in making
up the list of members for Yol. XII of the Transactions, has learned
of the decease of two active and six corresponding members. The
names of these are printed in Yol. XII of the Transactions.

On account of the extra amount of work required of the state printer
during the session of the legislature, the permit for the printing
of Vol. XII, Part 2, of the Transactions was not asked for until May
17, 1899. It was then granted, in compliance with the present under¬
standing Between all of the officers concerned, that all of the copy for
the entire publication shall be at hand. The printers agreed, however,
near the close to take on two additional papers, since their interest in
the new regulation is simply to avoid long gaps in the progress of
the work.

Part 2 is now in press through page 579, closing the list of mem¬
bers. There are yet to follow the list of exchanges, furnished by the
librarian, a few shorter divisions, such as the Proceedings, and the
index of the entire volume. This last is all written out so far as the
volume is printed. The secretary regrets not to have the volume com¬
pleted before his retirement from office, but Part 2 should be issued
now within a few weeks.

The following program as announced for the meeting was carried
out without material exception:

Thursday, December 28. — 1. A study of the lead regions of Wiscon¬
sin, Illinois, and Iowa. Orin G. Libby.

2. Household words — their etymology. James D. Butler.

3. A problem in longevity. Charles H. Chandler.

628

Wisconsin Academy of Sciences , Arts , and Letters.

4. A new geometrical and analytical solution for determining the
principal axes at any point of a rigid body. Charles S. Slichter.

5. An elementary explanation of the probability curve. Charles S.
Slichter.

Reading of memorial sketches of the following deceased members:
Harlow S. Orton, John G. Meaehem, Sr., Christian Preusser, Alice
Aikens Bremer, Wayland S. Axtell, James C. Foye.

Evening Session. — Academy banquet, complimentary to visiting mem¬
bers, followed by the address of the retiring president, Professor C.
Dwight Marsh, cf Ripon College, 8:00 o’clock. “The Plankton of Fresh
Water Lakes.

Friday, December 29. — Reports of officers and other general business*
Reading of papers.

6. The ice ramparts formed along the shores of lakes Mendota and
Monona during the winter of 1898-99. Ernest R. Buckley.

7. The principles controlling the deposition of ores. Charles R. Van
Rise.

8. The nepheline syenite of the Wausau district. Samuel Weidman .

9. The graphite deposits of central Wisconsin (preliminary note).
Garry E. Culver.

10. Chlorine in natural waters — its accurate determination and sig¬
nificance. Erastus G. Smith.

11. The action of light on certain nitroso compounds. Oswald
Schreiner.

12. The sour taste of acid salts and their electrolytic dissociation.
Louis Kohlenberg.

13. The historical development of chemical symbols from the times
of alchemy to the present. (Illustrated by lantern slides.) Oswald
Schreiner.

Saturday , December 30. — Election of officers and other general busi¬
ness.

Reading of papers.

14. The absorption of the sun’s energy by water. Edward A. Birge.

15. Some of the undeveloped natural resources of Wisconsin: clays,
road materials, and marls. Ernest R. Buckley.

16. Account of some work done on the state survey. Dexter P. Nich¬
olson.

17. The work of the Wisconsin Geological and Natural History Sur¬
vey. Edward A. Birge.

18. On the changes of length of substances in an alternating magnetic
field. William M. Jolliffe. (By title.)

Secretary's Report.

629

Thursday, December 28th.

AFTERNOON SESSION.

The meeting was called to order by the president, Professor C.
Dwight Marsh, at 2:40 p. m. in the geological lecture room, Science
Hall.

Paper No. 1 was discussed by Messrs. Van Hise and Buckley; No.
3, by Messrs. E. G. Smith, Daniells, and Slichter; and No. 5, by Pro¬
fessor Danieils.

On motion by Professor Van Hise the president appointed the fol¬
lowing as a committee on nomination of officers for the ensuing term
of three years: Messrs. Van Hise, Nicholson, and Flint.

EVENING SESSION.

In the evening at six o’clock the local members had the pleasure,
in accordance with the printed program, of tendering a complimentary
banquet to the visiting members. The Woman’s Alliance of the Unitar¬
ian church furnished the banquet in the dining room at the church.
Eighteen local and nine visiting members sat down at the tables.
Professor Slichter presided and after-dinner remarks were made also
by Messrs. Daniells, Marsh, and Van Hise. At eight o’clock the com¬
pany adjourned to the church parlor, where with other friends that
had come in they listened to a very interesting address by the retiring
president, Professor C. Dwight Marsh.

Friday, December 29 th.

MORNING SESSION.

The meeting was called to order by the president at 9:45 a. m. in the
chemical lecture room on account of the temporary disarrangement of
the heating apparatus at Science Hall.

The reports of the secretary and librarian were read by the secretary
and accepted.

The report of the treasurer was read by that officer and the follow¬
ing were appointed as auditing committee: Messrs. C. S. Slichter,
E. A. Birge, and E. G. Smith.

The committee on membership recommended a list of persons for ac¬
tive membership and the secretary was instructed to cast the ballot for
the entire list. This was done and the candidates declared elected.
The names are given at the close of these minutes in one list, in alpha¬
betical order, together with several names handed in later.

630

Wisconsin Academy of Sciences , Arts , and Letters.

The reading of papers was then resumed.

Paper No. 6 was discussed, by Messrs. Van Hise, Birge, E. G. Smith,
Slichter, Owen, and Cheney.

In closing paper No. 7, Professor Van Hise declared that it would
be essential for the economic geologist of the future to have a mastery
of chemistry as a tool. The paper was discussed by Professor Daniells.

Before adjournment the resolutions passed at the last annual meet¬
ing were read by the secretary. After some discussion the following
motion offered by Professor Van Hise was adopted: That the council
be authorized to make such appropriation as they deem necessary for
furnishing an Academy room in the new Historical Library building,
provided such room is assigned for the exclusive use of the Academy.

AFTERNOON SESSION.

The meeting was called to order by the president at 2:40 p. m. in the
geological lecture room and the reading of papers resumed.

Paper No. 10 was discussed by Messrs. Daniells and Kahlenberg.

Professor E. G. Smith moved on behalf of the visiting members that
a cordial vote of thanks be passed to the Madison members for the
entertainment of the previous evening and for the many other courte¬
sies showm the visiting members.

Saturday, December 30th.

MORNING SESSION.

The meeting was called to order by the president at 9:30 a. m. in
the geological lecture room.

The auditing committee reported that they had examined the treas¬
urer’s accounts and found them all correct.

The committee on nomination of officers submitted the following
names. In doing so the chairman, Professor Van Hise, explained that
the third name for the publication committee was put in at the insist¬
ence of the first two members of the nominating committee:

Your committee on Nominations make recommendations for officers
as follows:

For President, Charles S. Slichter, of Madison.

Vice-President for Letters, Harriet B. Merrill, of Milwaukee.

Vice-President for Arts, Charles H. Chandler, of Ripon.

Vice-President for Science, Erastus G. Smith, of Beloit.

Secretary, Frank C. Sharp.

Librarian, Louis Kahlenberg.

Treasurer, Ernest R. Buckley.

Curator, Samuel Weidman.

Secretary's Report.

631

Publication Committee: The President, ex officio ; the Secretary, ex
officio; Albert S. Flint.

Library Committee: The Librarian, ex officio; Reuben G. Thwaites,
Charles S. Slichter.

Committee on Membership: The Secretary, ex officio', John G. Greg¬
ory, of Milwaukee; Dexter P. Nicholson, of Appleton; Hiram D. Dens-
more, of Beloit; John J. Davis, of Racine.

The following two amendments to the Constitution, which had been
duly proposed, were then submitted to vote and passed unanimously: —

In Article V — Council, after the word “treasurer” add the words “the
librarian.”

In Article IX — Amendments, for the words “three months” substi¬
tute the words “one month.”

The committee on membership recommended several additional
names for active membership and two names for corresponding mem¬
bership. The secretary was instructed to cast the ballot of the meeting
for all the names as recommended. This was done 'and the candidates
declared elected. The list of all the persons elected at the annual meet¬
ing is as follows:

ACTIVE MEMBERS.

L. 0. Atherton
Helen Blair

Emma Cowles, Milwaukee

Clarke Gapen

H. W. Griggs

L. M. Hanks

J. T. W. Jennings

J. B. Johnson

W. M. Joliiffe

T. R. LI- Jones, Hillside
W. G. Kirchoffer, Baraboo
C. K. Leith
C. E. Magnusson
G. C. Mors

S. V. Peppel

Ellen C. Sabin, Milwaukee

T. K. Urdahl

J. M. Winterbotham

CORRESPONDING MEMBERS.

Dr. George W. Moorehouse, Cleveland, Ohio.
Prof. Ormond Stone, University of Virginia.

The residence of the members-elect is at Madison unless otherwise
specified.

The reading of papers was then resumed.

Paper No. 14 was discussed by Messrs. Van Hise and Slichter and
No. 15 by Prof. Van Hise.

In presenting paper No. 17 Prof. Birge asserted that more money
probably was expended in Wisconsin by the U. S. Geological Survey
the past year than by the State Survey itself.

632 Wisconsin Academy of Sciences , Arts, and Letters.

The attendance at the several sessions of the meeting had ranged
from twenty-five to thirty.

The program having been completed and all business on the calendar
attended to, the meeting was adjourned in good season for the visiting
members to take the noon trains for their homes.

Axbert S. Flint,

Secretary.

Librarian's Report.

633

REPORT OF LIBRARIAN, 1897.

The librarian would beg leave to call the attention of the academy in
his report to two things, namely, the present inaccessibility of the li¬
brary, and the plan of work which he desires to follow during his term
of office. The present librarian entered upon his duties but a short time
before the meeting of the Legislature; and as soon a3 that body began
its session, the room of the academy was partitioned, one part being
used as a committee room, and the other serving as a cloak room for
the members of the Legislature. This partition still remains; the for¬
mer cloak room being at present the headquarters of one of the capitol
janitors, while the second and larger part of the room was, soon after
the adjournment of the Legislature, given to the Free Library commis¬
sion, and fs at present used by them. The steady growth of the library
has nearly filled all available case room; and the librarian, but a short
time ago, found it necessary to have all the back numbers of the Trans¬
actions of the academy, which were stored underneath the book cases,
removed to Science Hall, to give him some place to put the rapidly ac¬
cumulating material. Owing to these circumstances the usefulness of
the library is at present very much curtailed, and the time is not far
off when it will be necessary — all available shelf-room having been com¬
pletely filled — to store the more recent acquisitions to the library in
some place Other than the academy room.

The librarian has deemed it advisable to pay particular attention to
the increase of the exchange list. While but four new exchanges have
been added to the list during the past year, the librarian is preparing a
list of societies whose publications it would be advisable to have and
hopes to effect a number of exchanges. Now, while the library has of
necessity lost much of its usefulness, it seems advisable to pay partic¬
ular attention to this point, and give the time to the increase of the li¬
brary v/hich later must go towards arranging it when the academy will
be so fortunate as to occupy other quarters..

Madison, Wis., December 27, 1897.

634

Wisconsin Academy of Sciences , Arts, and Letters.

REPORT OF LIBRARIAN, 1898.

Following the line of work outlined in his last report the librarian has
endeavored to increase the exchange list of the academy, having how¬
ever, during the year, restricted the work entirely to foreign societies,
leaving those within the United States to be worked over during the
coming year. The director of the state survey has added very much to
the possibilities of this work by placing the first two Bulletins of the
survey at the disposal of the librarian, who thus combining the publi¬
cations can undoubtedly obtain many more exchanges than could be pro¬
cured by the Transactions of the academy alone.

Having received from the Smithsonian Institution a copy of its for¬
eign exchange list, the librarian carefully marked the names of those
institutions with whom he thought an exchange desirable; the same list
was then examined by the director of the survey who marked many ad¬
ditional exchanges. Each of these institutions will receive copies of the
first two Bulletins of the survey, volume XI of the Transactions of the
academy, and a circular requesting them to exchange their publications
with the academy. While a large number of these requests have been
forwarded to scientific societies, other branches of the academy are well
represented; and we hope that the increase to the library resulting from
this work — five hundred and fifteen requests having been sent out — will
be extremely beneficial to all members.

Madison, Wis., December 27, 1897 .

Librarian's Report

635

REPORT OF LIBRARIAN, 1899.

A brief view of the principal work done by the librarian during his
term of office is best given as follows:

1st. Acknowledging the receipt of all exchanges received during the
last three years;

2nd. Distributing volume XI and volume XII, part I, of the Transac¬
tions;

3rd. Sending nearly five hundred copies of the volume XI of the
Transactions to foreign institutions, and with each volume a circular
letter requesting that, should its publications warrant it, the Wiscon¬
sin academy be placed upon their exchange list;

4th. Sending, with the same request, forty copies of volume XII, part
I, of the Transactions, to societies within the United States.

It is as yet impossible to report what number of new exchanges has
been added by the method adopted by the librarian, as answers are con¬
tinually being received, and it will be some time before the final result
can be obtained. The only report to be made is that, during my term of
office, ninety-two new exchanges have been added to our list.

No list of the exchanges received by the Academy having been printed
since the publication of volume IX of the Transactions, it was thought
advisable to publish a new list, that the members might know what ex¬
changes were being received by the Academy.

This list, it is hoped, will be of use to the members in showing them
what exchanges are in the library, and also useful to the librarian in
that the members, having this list, can add to their copies the names
of any societies with which an exchange would be desirable, and then re¬
port these to the librarian.

A letter from the Smithsonian Institution reported that fifty-four
copies of volume XII, part I, of the Transactions were destroyed by the
burning and sinking of the steamship “Patria” of the Hamburg-Ameri-
can Line; but, as a list of the societies to which these copies were sent
had been kept in Washington, another copy has in each case been
furnished.

Wm. S. Marshall,

Librarian.

Madison , Wis., December 28, 1899.

41

636

Wisconsin Academy of Sciences , Arts, and Letters.

REPORT OF TREASURER, 1898.

The following statement of the financial transactions of the Academy
for the year ending Dec. 27, 1898, is herewith respectfully submitted:

Receipts.

Dues and fees from members, Dec. 29, 1897, to Dec.

27, 1898 . . . . . $187 00

Interest on bond for one year . 50 00

Balance in treasury Dec. 28, 1897 . 241 27

- $478 27

Disbursements.

Jan. 11. To L. S. Cheney for cash paid for stamps,

Vr. 1 . . . $5 00

Jan. 24. To Taylor & Gleason for printing (Treas-,

urer), Vr. 2 . . . . . 4 50

Feb. 14. To Tracy, Gibbs & Co., for printing (Secre¬
tary), Vr. 3 . . . 19 25

Feb. 24. To L. S. Cheney for cash paid for stamps,

Vr. 4 . . . . . . 1 00

Mch. 5. To A. S. Flint, for hired clerical services,

postage and stationery, Vr. 5. . . . . 12 97

Mch. 19. To H. B. Merrill, for typewriting and post¬
age, Vr. 6 . . . . . 6 00

Mch. 19. To Burdick, Armitage & Allen, printing,

Vr. 7 . . . 4 50

Apr. 13. To Tracy, Gibbs & Co., for printing (Librar¬
ian), Vr. 8. . . . . . 9 50

Apr. 13. To Capital City Paper Co., for paper and

twine, Vr. 9. . . . . 1 43

Apr. 13. To H. A. Buehler, for clerical services (Li¬
brarian), Vr. 10 . . . . 5 40

Sep. 21. To Franklin Engraving and Electrotyping

Co., zinc plates, Vr. 11 _ .... _ ...... 1 73

Sep. 30. To E. G. Birge, for clerical services (Li¬
brarian), Vr. 12 . . . . 2 55

Sep. 30. To Capital City Paper Co., for mdse. (Li¬
brarian), Vr. 13 . 2 12

Treasurer' s Report.

637

Oct. 6. To L. S. Cheney, for cash paid for stamps,

Yr. 14 . 3 00

Dec. 12. To A. S. Flint, for postage, stationery and

express, Vr. 15 . 10 44

- - $89 39

Balance . . . $388 88

L. S. Cheney,

Treasurer.

Madison, Wis., December 27, 1898.

We certify that we have this day examined the report of L. S. Cheney,
treasurer of the Wisconsin Academy of Sciences, Arts and Letters and
find it to he in due form, properly vouched, and correctly balanced.

G. E. Culver,

C. H. Chandler,

E. R. Buckley,
Auditing Comm ttee.

Madison, Wis., December 28,1898.

REPORT OF TREASURER, 1899.

The following statement of the financial transactions of the Academy
for the year ending Dec. 27th, 1899, is herewith respectfully submitted:

Receipts.

Dues and fees from members from Dec. 27, 1898, to Dec. 27,

1899 . $139 00

Interest on bond for one year . 50 00

Balance in treasury, Dec. 28th, 1898. . , . 388 88

Total . $577 88

Disbursements.

Jan. 11. To capital City Paper Co., paper for librarian $3 82
To Tracy, Gibbs & Co., postals and printing

for librarian . 4 85

To B. F. Coen, clerical work for librarian.. 60

To J. R. Hegg, clerical work for librarian. . . 5 00

638

Wisconsin Academy of Sciences , Arts , cmd Letters .

Jan. 23. T. C. W. Jarvis, carting books for librarian. . 7 50

To J. R. Hegg, clerical work for librarian. . . 5 17

To W. S. Marshall, cash expended for acad¬
emy . 2 00

Feb. 14. To L. S. Cheney, cash paid for stamps . 5 00

T. C. D. Marsh, expenses for Academy . 1 61

To Miss H. B. Merrill, cash for lantern ser¬
vice . 5 00

To Tracy, Gibbs & Co., printing for secretary. 15 70

Mch. 10. To Helen Flint, clerical services for secre¬
tary . 1 72

To Wm. Burrowbridge, carting books for li¬
brarian . 3 25

To E. D. Clifford, typewriting for secretary. 1 89

Apr. 18. To J. R. Hegg, clerical services for librarian. 4 87 .

To Capital City Paper Co., paper for li¬
brarian . 2 12

Sep. 30. To L. B. Wolfenson, clerical services for li¬
brarian . 10 65

Oct. 2. To L. S. Cheney, postage stamps . 5 00

Oct. 3. To W. S. Marshall, postage and drayage . 11 55

Oct. 19. To Franklin Eng. & Elect. Co., making plates. 35 14

Oct. 20. To stamps received for dues applied for use

of society . . 1 00

Dec. 18. To J. R. Hegg, clerical work for librarian.. 1 65

To Franklin Eng. & Elec. Co., making plates 4 36

— — - $139 45

Receipts . i . . $577 88

Disbursements . . 139 45

Balance . $438 43

L. S. Cheney,

Treasurer.

Madison, Wis., December 28, 1899.

Madison, Wis., Dec. 30, 1899.

We have this date examined the accounts of the Treasurer and found
them to be all correct and properly vouched for.

Chas. S. Slichtee,

E. A. Bikge,

E. G. Smith,

Auditing Committee.

Madison, Wis., December 28, 1899.

TRANSACTIONS OF THE WISCONSIN ACADEMY OF
SCIENCES, ARTS, AND LETTERS.

GENERAL INDEX.

Vol. XII, Parts 1 and 2, 1898-99.

Addresses before the Academy: me¬
morial, 554; miscellaneous, titles
of, 617, 618, 624; of retiring
president (see Marsh, C.
Dwight).

Academy (See Wisconsin Academy).

Adjuncts in the sentence, 6.

Alcohols as solvents, electrical con¬
ductivity of, 407-408, 425.

Aldehydes as solvents, electrical
conductivity of, 409-411, 436.

Arrhenius, theory of electrolytic
dissociation, 396.

Assessments, special, and fees, 54, 60.

Axtell, Luta, Memorial of Way-
land S. Axtell, 560.

Axtell, Wayland Samuel, me¬
morial, 560.

Banking privileges, fees, 176.

Bastable, on theory of fees, 53.

Bibliography: of fee-systems, 238;
of the influence of metals upon
plants, 472.

Birge, Edward A., report on prog¬
ress of state survey, 619, 631.

Brefeld: on cell fusion of sporidia,
476; on fusion of spores, 492.

Bremer, Alice Marian (Aikens),
memorial, 559.

Bruehl, theory of dissociative power
of solvents, 442.

Bruncken, Ernest, Differences be¬
tween public and private busi¬
ness, 324.

as secretary; recommendations of
state forestry commission, 624.

Butler, James D., Memorial of
Harlow S. Orton, 554.

Capillary tubes, unsteady motion
of viscous liquids in, 550.
Carrara, on electrical conductivity
of solutions, 446.

Cell fusion in the smuts, observed
process of, 485, 487.

Cell fusions, summary of types, 497.

Chandler, Charles H., Historical
note on early American railways,
317.

The inter-generation period, 499.

Charlemagne, the empire of, fees
in, 72,73.

Charter of the Academy, extracts
from, 580.

Chartism, a chapter in English in¬
dustrial history, by Edward D.
Jones, 509.

Chartism, independent, 517.
influence of, 527.

and the liberal party in England,
527.

moral force, 518.
parade of 1848, 421.
physical force, 520.
and the reform bill, 513.
and the Whigs, 516.

Cheney, L. S., reports as treasurer of
the Acadamy, 638.

Chicago and Milwaukee, duration of
school attendance in, 257.

Chlorides of metals, dehydration of,
399.

Ciamician on dissociative power of
solvents, 445.

Colonies, American, fees in, 96-121.

Combination of Pythagorean Trian¬
gles as giving Exercises in Com¬
putation, by Truman H. Safford.
505.

Commerce, inter-state, and fees, 207.

Committees of the Academy, stand¬
ing, 563.

Computation, combinations of Py¬
thagorean triangles as giving ex¬
ercises in, 505.

Conidia, fusion of, theories, 476, 477.

Conjunctions, in grammar, 1.

Connectives, thought-, meaning and
function of, 1.

640 Wisconsin Academy of Sciences , Arts , and Letters.

Constitution, American, evolution
of fee system as reflected by the,
150.

Constitution of the Wisconsin Acad¬
emy of Sciences, Arts, and Let¬
ters, 583.

Conveyance in language, 6.

Cooley, Judge, on licenses, 201, 203.

Copeland, Edwin Bingham (and
Louis Kahlenberg.), Influence
of the presence of pure metals
upon plants, 454.

Copper, poisonous effect upon plants,
468.

Corporations, fees and regulations,

173.

Cossa, on theory of fees, 53.

Council of the Academy, 563.

Crime and fees in police courts, 214.

Dangeard, on fusion of conidia, 476,
478.

Death rate, effect of, upon statistics
of school attendance, 270.

DeBary, on sexual fusion of spori-
dia, 476.

Dehydration of salts of metals, 399.

Desty, on licenses, 201.

Differences between Private and
Public Business, by Ernest
Bruncken, 324.

Dissociation, electrolytic, 396.

Divorce problem and fee-system, 222.

Dudley, W. H., note of lecture be¬
fore Academy, on Protective
Coloration of Animals, 624.

Duration of School Attendance in
Chicago and Milwaukee, Dan¬
iel Polkmar, 257; table of con¬
tents, 255.

Early General Railway Legislation
in Wisconsin, 1853-1874, Bal¬
thasar H. Meyer, 337.

Education law, compulsory, need of,
280.

Effects, oligodynamic, 455.

The Electrical Conductivity of Non-
Aqueous Solutions, Azariah
T. Lincoln, 395.
conclusion, 551.
theoretical discussion, 442.

Electrical conductivity: qualitative
determinations of, 398; table,
402.

quantitive determinations of, 405.
solvents, tables of, 407-425.

Electrolytic dissociation, 396, 442.

England, fee-system of, 77.

English industrial history: Chart¬
ism, a chapter in, 509.

English poor laws, 511.

English workmen and laissez-faire ,
514.

Epischura laeustris , Forbes, larva,
structure of, 544.

Esters as solvents, electrical con¬
ductivity of, 413-417, 438.

Europe, mediaeval, fees in, 73-77.

Exchanges of the Academy, list of,
589.

Expropriation of lands for railroads
in Wisconsin, 386.

Fairchild, D. G., preparation of
slides for smut culture, 479.

Fees: authorities on theory, 49-53;
public purpose in, 62;" revenue
from, tables of, 191-199; and
special assessments, 60; theory
of, benefit or service a factor, 54,
55.

The Fee System in the United
States, Thomas K. Urdahl, 49.

Fees and fee-systems, Urdahl, (See
bibliography, 238-242; analytical
table of contents, 243).
historical survey, 49-144.

Fitzpatrick, theory of solution,
444.

Flint, Albert S., reports of secre-
" tary of Academy, 617-632.

Folkmar, Daniel, Duration of
school attendance in Chicago
and Milwaukee, 257.

Forestry commission of Wisconsin,
recommendations of, Ernest
Bruncken, secretary, 624.

Fossils, the Academy collection of,
587.

Foye, James Clark, memorial, 560.

Foye, Janette W., Memorial of
James C. Foye, 560.

France, fee-system of, 83-94.

Freedom, relation of motives to, 389.

Generations, successive, average in¬
terval between, 499.

Giese, William F., title of lecture
before the academy, 617.

Gold, poisonous effect upon plants,
467.

Grammar: confusion in, 2; conjunc¬
tions in, 1.

Greece, ancient, fees in, 67-69.

Greenback movement, relation of
the, to the Anti-Federalist party,
531.

Greenback movement, 1876-1884, a
study of the, 530; support of, in
cities, 543; vote compared with
tables of wealth, debt, and taxa¬
tion, 532-543.

General Index.

641

Harper, Robert A., Nuclear phe¬
nomena in certain stages in the
development of the smuts, 475.
preparation of slides for smut cul¬
ture, 479.

Harris, Dr. W. T., method of de¬
termining school statistics, 275,
277; on school statistics of St.
Louis, 273.

Von Heckel, Max, on theory of
fees, 52.

Hemingway, E. E., work on larvae,
545.

High schools of Chicago and Mil¬
waukee, attendance by ages in,
276.

Historical Note on Early American
Railways, by Charles H. Chand¬
ler, 317.

History, English industral, Chart¬
ism, 509.

Hoefman, on fusion of spores, 492.

Hotels, railroad, in Wisconsin, ex¬
emption from taxation, 384.

Immigrants, educational status of
children of, 263.

Industrial history, English, Chart¬
ism, 509.

Influence of the presence of pure
metals upon plants, by Edwin B.
Copeland and Louis Kahlenberg.
454.

Insurance Companies, fees, 177-180.
Inter-Generation Period, by Charles
H. Chandler, 499.

Iron, poisonous effects upon plants,
468.

Iwanzoef, on cell fusion, 494.

Jones, Edward D.. Chartism — a
chapter in English industrial
history, 509.

Judgment, analysis of the, 4.

Judgments: elementary, 5; essential,
5; method of amplication of, 5;
minimal, 5; symbolized by lan¬
guage, 3.

Justi, on theory of fees, 50.

Kahlenberg, Louis, connection
with work on non-aqueous solu¬
tions, 453.

and Edwin B. Copeland, Influ¬
ence of the presence of pure
metals upon plants, 454.

Ketones as solvents, electrical con¬
ductivity of, 411-412, 436.

Laissez faire and English work¬
men, 514.

Lane, Supt., estimates of school at¬
tendance by, 277.

Land grants, railroad, in the United
States, 303.

Language, connectives in: concord¬
ant, 28; discordant, 29, 30; neu¬
tral, 30.

expressing relations of alternative
to alternative, 33: cause to effect,
40; conclusion to condition, 35;
condition to conclusion, 35; con¬
temporaneousness, 44; counter -
cause to effect, 41; decision to
mutually conflicting data, 43;
dissimilarity, 31; effect to cause,
35; effect to counter-cause, 37;
equivalent to equivalent, 32; in¬
definiteness, 44; precedence in
time, 44; similarity, 31.

Language, conveyance in: associa-
tional, 8, 11; functional, 7, 11;

Language: symbolizing judgments,
3; multiple symbolization in, 8;
reinstative symbolization in, 9.

Larva of Epischura lacustris,
Forbes, structure of, 544.

Lead, poisonous effects upon plants,
469.

Legislation, special, on railroads in
Wisconsin, 387.

Legislation in Wisconsin, early gen¬
eral railway, 1853-1874, 337.

Libby, Grin G., A study of the
Greenback movement, 1876-
1884, 530.

Liberal party in England, relation
to Chartism, 527.

Librarian of the Academy, reports
of, 633-635.

Library of the academy to be in the
custody of the State Historical
Society, 624.

Licenses: (See Fees); Desty on, 201;
Cooley on, 201, 203.

License fees, Cooley on, 58; Selig-
man on, 58.

Lincoln, Azariah Thomas, The
electrical conductivity of non-
aqueous solutions, 395.

Liquids, viscous, unsteady motion
of in capillary tubes, 550.

Liquor licenses, (see Fees), 163.

List of Exchanges of the Academy,
William S. Marshall, librarian,
589.

London, school statistics of, 275.

Maine, early railroad legisation in,
338.

Marriage licenses, (see Fees) 161.

Marsh, C. Dwight, On some points
in the structure of the larva of
Epischura lacmtris, Forbes,
544.

642 Wisconsin Academy of Sciences , Arts, and Letters.

Marsh, C. Dwight, report of work
done by the Academy in secur¬
ing state survey, 619.
title of address as retiring presi¬
dent, 628. (For address in full
see Science , N. S., Vol. XI, pp.
374-389.)

Marshall, William S., librarian of
the academy: reports, 633-635;
list of exchanges of the academy,
589.

Massachusetts, early railroad legisla¬
tion in, 340.

Meacfem, John Goldsborough,
memorial, 555.

Meachem, John G., Jr., Memorial
of John G. Meacham, Sr., 555.

Meaning and Function of Thought-
connectives, Edward T. Owen, 1.

Members of the Academy: active,
565; as to arrears of dues, 588.
corresponding, 576.
deceased, 579; memorials, 554.
elect, 625, 631.
honorary, 564.

life, 564; disposal of fees of, 587.
number of, 626, 627.

Memorial addresses, 554.

Merrell, Edward H., The relation
of motives to freedom, 389.

Metals, pure, influence upon plants,
454: authorities, list of, 472; de¬
termined by toxicity of salts,
467; experiment, method of, 455;
fatal effects, 466; injurious ef¬
fects determined by readiness of
solution, 466; results, tables of,
458-465; stimulating and poison¬
ous effects, 471.

Meyer, Balthasar H., Early gen¬
eral railway legislation in Wis¬
consin, 1853-1874, 337.

Milwaukee and Chicago, duration of
school attendance in, 257.

Milwaukee, public meeting in, con¬
cerning consolidation of rail¬
roads, 368; taxation of railroads
under the city charter, 383.

Motives, relation to freedom, 389.

Naegeli, on poisonous effects upon
plants of metals in solution, 454.

Nawaschwin and Woronin, on fu¬
sion of spores, 489-497.

Neumann, sequence of basic ele¬
ments, 466.

Neumann, F. J., on theory of fees,
52.

New Hampshire, early railroad legis¬
lation in, 339.

New York, early railroad legislation
in, 338, 340.

Nickel, poisonous effect upon plants
468.

Nitrogen, compounds of, as solvents,
electrical conductivity of, 417-
422, 439.

Nuclear Phenomena in Certain
Stages in the Development of the
Smuts, Robert A. Harper, 475.

Nuclear phenomena in the smuts,
cell fusions, resemblance to sex¬
ual fusions, 496; review of work
of various observers, 488.

O’Connor, Feargus, Chartist
leader, 520, 524.

Officers of the Academy: elect, 630;
list of, 562.

Ohio, school statistics of , 274.

Oligodynamic effects, 455.

Oltmanns, on cell fusion, 493.

Organic bases as solvents, electrical
conductivity of, 423-425, 441.

Orton, Harlow S., memorial, 554.

Owen, Edward T., Meaning and
function of thought-connect¬
ives, 1.

Parade of 1848, Chartist, 521.

Paris, University of, postal messen¬
gers, 90, 91.

Parliament, relation of, to the King,
512.

Patten, S. N., on taxes, 62.

Percentage, peculiar use of term.
265.

Plants: effects of distilled water, 454;
growth in aqueous solutions, 454;
influence of metals, list of au¬
thorities, 472-474; influence of
the presence of pure metals, 454;
of salts of metals in solution,
455; stimulation and poisoning
of, 471.

Political corruption and fee-system,
224.

Politician in American public life,
necessity of the, 336.

Polymerization and electrical con¬
ductivity, 447.

Poor laws, English, 511.

Popta, C. M. L., on fusion of spores,
491.

Postal system, French, origin of, 90.

Potter law in Wisconsin railway his¬
tory, 337.

Presidents, past, of the Academy,
563.

Preusser, Christian, memorial of,
557.

Proceedings of the Academy, 617.

General Index.

643

Public business: differences from
private business, 324; necessity
of “red tape,” 332; private busi¬
ness as a training field for, 333;
disadvantages, 334; reform can¬
didates in, reasons for failure,
335.

Public life, American, necessity of
the politician in, 336.

Public officials, influence of criticism
on, 332; peculiar qualifications
needed in, 331.

Railroad Land Grants in the United
States, John B. Sanborn, 306.

Railroads: court decisions concern¬
ing, 374; property in Wisconsin,
legal status of, for taxation, 384;
legislation concerning, 337.

Railroads, early American: Boston
and Lowell railroad, peculiar
construction of, 321; historical
note on, 317; locomotive engi¬
neers, peculiar experience of,
322; state ownership of, debate,
318.

Railroads, early, in Wisconsin: as¬
sessments, special, legal status
of, 382.

competition versus public control,
372.

consolidation, 364; act for, 366;
court decisions concerning, 374;
public meeting in Milwaukee
concerning, 368; arguments for
and against, summary, 370.
land, expropriation of, 386.
legislation, general, 337, 342; lax
methods in, 343; peculiar meth¬
ods of promoting, 360; special,
387; Potter law, 337.
mileage, table of, 373.
property, legal status of, for tax¬
ation, 384,

public aid to, amount of, 361; ex¬
amination of Supreme court de¬
cisions concerning, 345; excess¬
ive, Watertown, an illustrative
case, 362; legal controversies
caused by, 363.
taxation of, 378.

state treasury, contributions to,
385.

Rau, on theory of fees, 50.

Reform Bill, Chartism and the,
513.

Reinke, on fusion of spores, 488.

The Relation of Motives to Free¬
dom, by Edward H. Merrell,
389.

Revenues, public, classification of,
50.

Resolutions regulative of the pro¬
ceedings of the academy, 586.
Rome, ancient, fees in, 69-71.
Roscher, on theory of fees, 51.

Saeeord, Truman H., Combina¬
tions of Pythagorean triangles
as giving exercises in computa¬
tion, 505.

Salaries and fees, 148.

Salts of metals, dehydration of,
399.

Sanborn, John Bell, Railroad land
grants, 306.

Schall, on theory of fees, 51.

Schaeeple, on theory of fees, 52,
53.

School attendance: in Chicago and
Milwaukee, duration of, 257.
compulsory, need of, 280.
estimates by Supts. White and
Lane, 277.

in high schools according to age,
276.

lack in, cause of, chiefly econ¬
omic, 279.

methods of determining, by Dr.

W. T. Harris, 275, 277.
parochial schools to, relation of,
272.

private schools to, relation of,
272.

statistics for, London, 275; Ohio,
274 ; St. Louis, 273 ; various
countries, 273.
summary of results, 280.
tables of, 282-305.

Secretary of the Academy, report of
the, 617-632.

Sentence, terms and adjuncts in
the, 6.

Silver, poisonous effect upon plants,
467.

Slides for smut cultures, “stip¬
pling, ” 480.

Smart, Supt. C. T. on school sta¬
tistics of Ohio, 274.

Smith, Adam, on theory of fees,
49.

Smith, Erastus G., title of lecture
before the Academy, 618.

Smuts, nuclear phenomena in cer¬
tain stages in the development
of, 475; cell fusion, summary
of, observed process of, 485,
487.

Smut cultures : preparation of slides
for, 479.

Solutions, aqueous, growth of
plants in, 454; non-aqueous,
electrical conductivity of, 395.

644 Wisconsin Academy of Sciences , Arts , and Letters.

Solvents:

electrical conductivity of, discus¬
sion of results, 425; tables of,
407-425.

dissociative power, theory of,
Bruehl, 442.

Stamps, revenue, origin of, 66.

Stein, on theory of fees, 50, 51.

St. Louis, statistics of school at¬
tendance, 273.

Structure of the Larva of Epis-
chura lacustris , Forbes, On
some Points in the, by C.
Dwight Marsh, 544.

Study of the Greenback Movement,
1876-1884, by Orin G. Libby,
530.

Survey, state, work done by the
Academy to secure, 619.
note on reports of progress, 619,
631.

Symbolization, in language, mul¬
tiple, 8; reinstative, 9.

Taxes and fees, 54 ; special, and
license fees, 59.

Thoughts, multiple relations, 46;
serial relations, 47; single rela¬
tions 25.

Thought-connection, varieties of, 13.

Thought-connectives, impossible
values for, 15; meaning and
functions of, 1; theory of, appli¬
cation, 25; theory of, develop¬
ment, 3; “therefore ” as a type,
18.

Thought-groups, hetero g e n e o u s :
concordant, 27, 28; discordant,
27,29; neutral, 27, 30.
homogeneous, 26.

Thought-study and word-study, 2.

Tolls (see Fees).

Tramp-question and fee-system, 211.

Transactions of the Academy, au¬
thors’ separates, 582; conditions
of publication of, 588; regula¬
tions, 586; statutes as to print¬
ing and distribution, 582.

Treasurer of the Academy, reports
of, 636-638.

Triangles, Pythagorean: combina¬
tions of, as giving exercises in
computation, 505.
whose sides and areas are ex¬
pressed by whole numbers, table
of, 507-508.

United States, fee-system in the,
49; railroad land grants in the,
306.

Unsteady Motion of Viscous Liquids
in Capillary Tubes, by Henry
C. Wolff, 550.

Urdahl, Thomas K., The fee-system
in the United States, 49.

Vocke, on theory of fees, 54.

Wagner, on theory of fees, 51, 55,
65.

Water, distilled, effects of upon
plants, 454.

Watertown, Wis., case of excessive
public aid to railroads, 362.

Wisconsin Academy of Sciences,
Arts, and Letters:
affiliation of societies with, 581,
587; charter, extracts from, 580;
collection of fossils, 587; consti¬
tution, 583; exchanges, list of,
589; library, to be in custody of
State Historical Society, 624;
members (see Members* of the
Academy); objects of the, 580,
583; officers and members, list of,
562; officers elect, 1900-02, 630;
proceedings, 617; reports of offi¬
cers, 617-638; resolution regula¬
tive of proceedings, 586; room in
new Historical Library building,
630; state survey, work done in
securing, 619; transactions (see
also Transactions), 582, 586, 588,

Werner, on dissociation in solution,
445.

Whigs and Chartism, 516.

White, Supt., estimates of school
attendance by, 277.

Wilderman, theory of dissociation,
444.

Wisconsin: (see Railroads in),
early general railway legislation,
1853-1874, 337; lax methods, 343.
state survey, remarks on progress
of, 619, 631.

supreme court, decisions on pub¬
lic aid to railways, examination
of, 345.

Wolff, Henry Charles, The un¬
steady motion of viscous liq¬
uids in capillary tubes, 550.

Word study and thought study, 2.

Word values, possible, 10.

Woronin and Nawaschwin, on fu¬
sion of spores, 489.

Zinc, poisonous effects upon plants,
469.

TRANSACTIONS

OF THE

WISCONSIN ACADEMY

OF

SCIENCES, ARTS, AND LETTERS

VOL. XII, PART \

1898

WITH ONE PLATE

EDITED BY THE SECRETARY

Published by Authority of Law.

MADISON

Democrat Printing Company, State Printer

1898

TRANSACTIONS

OF THE

WISCONSIN ACADEMY

OF

SCIENCES, ARTS, AND LETTERS

VOL. XII, PART II
1899

WITH TWELVE PLATES

EDITED BY THE SECRETARY

Published by Authority of Law

MADISON

Democrat Printing Company, State Printer

1900